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Agenda Packet City Council - 12/18/2012
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, December 18, 2012 11:30 AM Council Chambers 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 12:00 p.m. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- 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 Nelda Martinez to call the meeting to order. B. Invocation to be given by Lynn Blackler, Christus Spohn. 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. E. Proclamations / Commendations 1. 12 -00885 Goodwill Ambassador - Terri "Cissi" Whipple for Dedication to the Sport of Table Soccer Swearing in of newly appointed board, commission and committee members F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. EXECUTIVE SESSION: (ITEM 2) 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. 2. 12 -00878 Executive Session pursuant to Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease, or value of real property where deliberation in an open meeting would have a detrimental effect on the position of the City of Corpus Christi in negotiations with a third person with possible discussion and action in open session. H. MINUTES: 3. 12 -00883 Approval of Meeting Minutes - December 11, 2012. Attachments: Minutes - December 11, 2012.pdf I. BOARDS & COMMITTEE APPOINTMENTS: 4. 12 -00882 Coastal Bend Council of Governments Corpus Christi Downtown Management District Ethics Commission Port of Corpus Christi Authority Attachments: Board Packet.pdf J. EXPLANATION OF COUNCIL ACTION: Corpus Christi Page 2 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. K. CONSENT AGENDA: (ITEMS 5 - 20) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. 5. 12 -00772 Purchase of Tasers for police officers for restraint of aggressive individuals Motion approving the purchase of TASER brand non - lethal weapons from GT Distributors, Inc., Austin, Texas based on sole source for a total expenditure of $72,034.10. Funds have been budgeted by the Police Department in FY 2012- 2013. Attachments: Agenda Memo - Tasers.docx Price Sheet - Tasers.xlsx 6. 12 -00822 Purchase of animal transport shells to replace existing units Motion approving the purchase of six (6) animal transport shells from Jackson Creek Manufacturing, Inc., Denton, North Carolina based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0030 -13, for a total expenditure of $67,302.30. Funds have been budgeted by the Animal Care Department in FY 2012- 2013. Attachments: Agenda Memo - Animal Transport Shells.docx Bid Tabulation - Animal Transport Shells.xlsx 7. 12 -00826 Lease purchase for ambulances to replace existing units Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $270,000. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease /financing program. Attachments: Agenda Memo - Ambulances.doc Price Sheet - Ambulances.xls Corpus Christi Page 3 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 8. 12 -00777 Lease purchase of curbside refuse containers for the Solid Waste automated collection program Motion approving the lease purchase of 6,500 96- gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $307,420. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. Attachments: Agenda Memo - Curbside Refuse Containers.doc Price Sheet - Curbside Refuse Containers.xls 9. 12 -00771 Supply Agreement for testing reagent that tests water for bacteria Motion approving a supply agreement with IDEXX Distribution, Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" based on only bid, in accordance with Bid Invitation No. BI- 0174 -12, for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Health Department and Water Department in FY 2012- 2013. Attachments: Agenda memo - Colilert Price Sheet - Colilert.xlsx COF - Colilert 10. 12 -00757 Amendment to professional services contract for design work solutions to air emissions testing for flare permitting requirements at wastewater treatment plant Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. Attachments: Agenda Memo - Greenwood VWVfP Flare Permittinq.docx Project Budget - Greenwood VWVfP Flare Permittinq.xls Location Map - Greenwood WV TP Flare Permittinq.pdf Contract - Greenwood WWTP Flare Permittinq.pdf 11. 12 -00799 Professional services contract to update licensing for records imaging and management to a city -wide solution Corpus Christi Page 4 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 Motion authorizing the City Manager, or designee, to execute a contract with MCCI of Tallahassee, Florida for an expenditure of $99,817.92 to update existing Laserfiche licenses to an enterprise solution with the option to extend for up to three 1 -year terms for annual maintenance in the amount of $40,737.74. Attachments: Agenda memo - MCCI Agreement - Professional Services MCCI ExhibitA - Corpus Christi Rio 12. 12 -00802 Certification agreement with State for local historic preservation efforts Motion approving execution by the Mayor of a Certification Agreement with the Texas Historical Commission for City participation in the Certified Local Government Program regarding local historic preservation. Attachments: Agenda memo - THC Letter.docx Agreement - THC CLG letter.pdf.pdf 13. 12 -00811 Resolution of support for the Schanen Hike and Bike trail project allowing a request for State funding Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. Attachments: Agenda Memo - Hike & Bike TxDOT resolution Resolution- Hike Bike TxDOT prolectv2 14. 12 -00804 Second Reading Ordinance - Amending the Unified Development Code for new zoning districts for use under airport flight zones, refineries or other potential hazards to adjacent uses (1st Reading 12/11/12) Ordinance amending the Unified Development Code ( "UDC ") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard -New Development;" amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. Corpus Christi Page 5 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 Attachments: Agenda memo - 12 -11 -2012 City Council .doc Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121 Presentation - Public Hearing for New Zoning Districts.pptx Zone Map - Air Installation Compatible Use .docx Guidelines - Air Installation Compatible Use .docx Comment - Matrix Design Group.docx Minutes - 09.26.12.PC.doc 15. 12 -00794 Second Reading Ordinance - City reimbursement for costs incurred prior to receipt of bond proceeds for approved projects relating to Bond 2012 (1st Reading 12/11/12) Ordinance relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax - exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (BOND 2012) Attachments: Agenda Memo - for Reimbursement Ordinance for Bond 2012.doc Ordinance - Reimbursement for Bond 2012 final.pdf 16. 12 -00844 Second Reading Ordinance - Amending the Capital Improvement Program Budget to add the voter - approved Bond 2012 Projects (1st Reading 12/11/12) Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. Attachments: Agenda memo - Bond 2012 Ordinance - Bond 2012 Attachment one - Bond 2012 17. 12 -00819 Second Reading Ordinance - Accepting and appropriating State grant for collaborative enforcement efforts with Nueces County Sheriffs office (1st Reading 12/11/12) Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503 in the No. 1061 Police Grants Fund. Corpus Christi Page 6 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 Attachments: Agenda memo - Stonegarden grant Ordinance - Operation Stonegarden 2012 - Police Sub - recipient agreement - 2011 OPSG SRA Nueces Co Operations Order - Nueces County FY2011 OPSG 18. 12 -00816 Second Reading Ordinance - Accepting and appropriating State grant for Meals on Wheels Program (1st Reading 12/11/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. Attachments: Agenda memo - MOW grant appropriation Ordinance -FY 2013 Title XX Meals on Wheels Grant Appropriation Agreement - Title XX MOW Contract Agreement FY 13 19. 12 -00825 Second Reading Ordinance - Accepting and appropriating federal grant and authorizing execution of agreements for homeless prevention and rapid re- housing (1st Reading 12/11/12) Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. Attachments: Agenda memo - ESG 2nd Allocation Ordinance - ESG 2nd Allocation.docx 20. 12 -00828 Second Reading Ordinance - Repealing and amending cable franchise ordinances to comply with State cable franchising statute (1st Reading 12/11/12) Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date and publication. Attachments: Agenda memo - Cable franchise ordinance Ordinance - Cable Franchise Updates Supplemental - Time Warner Issued State Cable Franchise Minutes - Cable Communication Commission 11.12 Presentation - Cable Franchise Ordinance Revisions v2 L. PUBLIC HEARINGS: (ITEMS 21 - 24) Corpus Christi Page 7 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 21. 12 -00850 Public Hearing and First Reading Ordinance - Amending the City's Future Land Use Plan and the Comprehensive Plan to create compatible land uses near Cabaniss Field Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the Corpus Christi Future Land Use Plan (adopted by Ordinance 026278 and thereafter amended by Ordinance 028504) by revising the future land use maps surrounding Cabaniss Field; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. Attachments: Agenda memo - Future Land Use Around Cabaniss Field Map - 2009 Air Installation Compatible Use Zone .docx Map - 1980 Air Installation Compatible Use Zone docx Map - Existing Land Use Cabaniss Field.docx Map - Adopted Future Land Use Cabaniss Field.docx Minutes - Draft Minutes Planning Commission 11.07.12 .doc Ordinance - Future Land Use Plan Amdmt EHord368 v01 20121115 (1).docx ExhibitA - Proposed Future Land Use Cabaniss Field.docx 22. 12 -00835 Public Hearing and First Reading Ordinance -A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, on property located at 2002 Ayers Street. Case No. 1012 -05 Everett Skipper: A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, not resulting in a change of future land use. The property to be rezoned is described as Block 1504, Port Aransas Cliffs, located between Ayers Street and Cole Street and between 17th Street and 18th Street. Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District. Planning Commission Recommendation (October 24, 2012) Denial of the requested "CBD" Downtown Commercial District and, in lieu thereof, approval of a Special Permit with the requirement of the development providing a minimum of 122 on -site and off -site parking spaces. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to Block 1504, Port Aransas Corpus Christi Page 8 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 Cliffs, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda memo - Everett Skipper Ordinance - CG -2SP Everett Skipper PC Recommended 1012 -05 Ordinance - CBD Everett Skipper Staff Recommended 1012 -05 Zoning Report - Everett Skipper 1012 -05 10 -29 -12 Map - Aerial Overview 23. 12 -00837 Public Hearing and First Reading Ordinance -A change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District, on property located at 5445 Greenwood Drive. Case No. 1112 -01 St. John Baptist Church, Corpus Christi, Texas: A change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District, resulting in a change of future land use from light industrial to commercial. The property to be rezoned is described as the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, located north of Hale Pit Road and west of Greenwood Drive. Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner"), by changing the UDC Zoning Map in reference to the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, from the "IH" Heavy Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda memo - St. John Baptist Zoning Report - St John baptist 1112 -01 Ordinance - St John Baptist 1112 -01 Map - Aerial Overview 24. 12 -00838 Public Hearing and First Reading Ordinance -A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, on property located at 849 and 847 Erwin Avenue. Corpus Christi Page 9 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 Case No. 1112 -02 Advanced Housing Alternatives Corporation: A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Oak Park, Block 9, Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. Ordinance Ordinance amending the Unified Development Code ( "UDC ") upon application by Advanced Housing Alternatives Corporation ( "Owner"), by changing the UDC Zoning Map in reference to Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. Attachments: Agenda memo - Advanced Housing Zoning Report - Advanced Housing 1112 -02 Ordinance - Advanced Housing 1112 -02 Map - Aerial Overview M. REGULAR AGENDA: (ITEMS 25 -26) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 12 -00887 Motion to amend prior to second reading - Ordinance amending City Code to increase fares /fees for taxicabs (Related Items 25 - 26) Motion to amend prior to second reading Section 1 of the Ordinance amending the Code of Ordinance, City of Corpus Christi, Chapter 57, Vehicles for Hire by revising Section 57 -88 to allow vehicles modified with specialized access equipment to service persons with disabilities to operate up to 15 years of age. Attachments: Agenda memo - Taxi cab ordinance.docx 26. 12 -00789 Second Reading Ordinance - Amending City code to increase fares /fees for taxicabs, and modifying enforcement procedures and regulations to meet industry standards (1st Reading 12/11/12) Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's Corpus Christi Page 10 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees. Attachments: Agenda memo - Taxi cab ordinance.docx Ordinance - With proposed amendment - Vehicle for hire.docx Ordinance - As passed on first reading - Vehicle for hire amendment .docx N. FIRST READING ORDINANCES: (ITEMS 27 - 34) 27. 12 -00808 First Reading Ordinance - Amending city code to clarify areas where waterfowl hunting is prohibited Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. Attachments: Agenda memo - Discharge Firearms Ordinance ORDINANCE - Amending discharge of firearm (Final 2) 28. 12 -00867 First Reading Ordinance - Amending the City code to provide for immediate ownership of impounded animals under four months old Ordinance amending section 6 -103 (g) of the Corpus Christi Code by providing immediate ownership of impounded animals under four months old to the City; providing an effective date; providing for severance; and providing for publication. Attachments: Agenda memo - Impoundment of Animals 12.18.2012 Ordinance - Impoundment of Animals younger then 4 months - Animal COF - Impoundment of Animals 12.18.2012 29. 12 -00873 First Reading Ordinance - Accepting and appropriating a local grant for purchasing surveillance equipment Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department, and appropriating the $1,700 in the General Fund No. 1020; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing Corpus Christi Page 11 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 revenue and expenditures in the General Fund No. 1020 by $1,700 each. Attachments: Agenda memo- Target grant Ordinance - Target Grant 2012 - Police Award - document for Target grant 30. 12 -00861 First Reading Ordinance - Adopting the 2009 International Fire Code with local amendments Ordinance adopting the International Fire Code, 2009 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; providing for penalties; providing for severance; and providing for publication. Attachments: Agenda memo - 2009 Fire Code Ordinance - adopting 2009 Fire Code 31. 12 -00813 First Reading Ordinance - License Agreement for use of Equistar Park located on Haven Drive for youth soccer program Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program. Attachments: Agenda memo - Great Western Soccer Ordinance - Great Western Soccer League license aqmt Agreement - Great Western Soccer league 32. 12 -00814 First Reading Ordinance - Interlocal agreement for recreation and athletic facility improvements at Equistar Park and adjacent property Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. Attachments: Agenda memo - Interlocal Agreement Nueces County Ordinance - Interlocal Aqmt Nueces County for Use of Bond Funds for Park Imp Interlocal Aqmt - Nueces County for sports fields improvements 33. 12 -00817 First Reading Ordinance - Agreement for use of Equistar Park located on Haven Drive for youth sports program /league Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program. Corpus Christi Page 12 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 Attachments: Agenda memo - Nueces County Youth Football Ordinance - Nueces County Youth Football League license aqmt Agreement - Nueces Ctv Youth Football League COF - Nueces County Youth Football 34. 12 -00815 First Reading Ordinance - Accepting and appropriating Federal grant for after school snacks at selected Latchkey sites Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Attachments: Agenda Memo - Afterschool Snack program Ordinance - After School Snack Grant NOFA - Afterschool Snack 2012 -13 35. 12 -00847 First Reading Ordinance - Authorizing re -sale of properties for failure to pay ad valorem taxes Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 for partial payment of City paving and demolition liens. Attachments: Agenda memo - Property Tax Resale 15 Properties - December 18 2012.doc Ordinance - Tax Resale Dec 2012.docx ExhibitA - Ordinance Tax Resale Dec 2012 COF - Property Tax Resale 15 items December 2012.docx 0. FUTURE AGENDA ITEMS: (ITEMS 36 - 44) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 36. 12 -00880 Resolution establishing a policy for Street User Fee; and ordinance creating the street user fee (Related Items 36 - 37) Resolution approving design concepts for a street user fee; and establishing policy relative to a street user fee. Attachments: Agenda Memo - Resolution regarding Street User Fee Resolution - Street User Fee Presentation - Street User Fee 37. 12 -00879 Ordinance establishing a street user fee to be implemented by policies, rates, and methodologies established by separate ordinance. Corpus Christi Page 13 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 Attachments: Agenda Memo - Ordinance establishing Street Fee Ordinance - Establishing a Street User Fee COF - Ordinance establishing Street User Fee 38. 12 -00805 Resolution requesting website link for information on local Navy flight zones to inform public on flight zone locations and naval information regarding said zones Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. Attachments: Agenda memo - NCAD.doc Resolution - EHres317 NCAD Website Link v01 20121115.doc Minutes - 11.07.12 Planning Commission Draft Minutes.doc 39. 12 -00823 Purchase of police package sedans to replace existing units Motion approving the purchase of twelve (12) Police Package Sedans from Griffith Ford, Seguin, Texas for a total amount of $308,522.88, based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0065 -13. Funding is available in the Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. Attachments: Agenda Memo - Police Package Sedans V2 Bid Tabulation - Police Package Sedans.pdf 40. 12 -00820 Lease - Purchase of a track excavator for loading refuse at the transfer station Motion approving the lease- purchase of one (1) track excavator from Waukesha- Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $181,675.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. Attachments: Agenda memo - Track Excavator.docx Price Sheet - Track Excavator.xlsx 41. 12 -00821 Lease - Purchase of a rescue pumper replacement unit for fighting fires Motion approving the lease purchase of one (1) rescue pumper from Siddons - Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $425,000. The rescue pumper will be used by the Fire Department. Funds for the lease Corpus Christi Page 14 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 purchase of the rescue pumper will be provided through the City's lease /financing program. Attachments: Agenda memo - Rescue Pumper Price Sheet - Rescue Pumper.xls 42. 12 -00824 Supply agreement for sodium bisulfite solution for dechlorination at the wastewater treatment plants Motion approving a supply agreement with Univar USA, Corpus Christi, Texas for approximately 868,000 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0044 -13, based on lowest local bid for an estimated twelve month expenditure of $291,648 of which $170,128 is required for the remainder of FY 2012- 2013.The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. Attachments: Agenda memo - Sodium Bisulfite Solution Bid Tabulation - Sodium Bisulfite Solution.xls 43. 12 -00827 Lease - Purchase of a five yard wheel loader to fill transfer trailer at the transfer station Motion approving the lease purchase of one (1) five yard wheel loader from Nueces Power Equipment, of Corpus Christi, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $239,427.14. The five yard wheel loader will be used by the Solid Waste Department. This unit is an addition to the fleet. Funds for the lease purchase of the wheel loader will be provided through the City's lease /financing program. Attachments: Agenda memo - Five -yard wheel loader Price Sheet - Five Yard Wheel Loader.xls 44. 12 -00834 Professional services contract for monitoring and data collection of salinity and freshwater inflow to Nueces Bay and River Motion authorizing the City Manager, or designee, to execute Contract for Monitoring Services with Conrad Blucher Institute at Texas A & M University - Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. Attachments: Agenda memo - Rincon Bayou Location Map - Rincon Bayou Diversion.pdf Contract - Ricon Bayou Corpus Christi Page 15 Printed on 12/14/2012 City Council Meeting Agenda - Final December 18, 2012 P. BRIEFINGS TO CITY COUNCIL: (ITEMS 45 - 46)) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 45. 12-00881 Citywide Effluent Re-Use Master Plan Attachments: Agenda memo - Effluent Master Plan Presentation Presentation - Effluent Master Plan 46. 12-00886 Municipal Management Districts Attachments: Agenda memo - Presentation MMD docx Presentation - MMD Q. CITY MANAGER'S COMMENTS: Update on City Operations R. ADJOURNMENT Corpus Christi Page 16 Printed on 12/14/2012 Corpus Christi Meeting Minutes - Final City Council 1201 Leopard St Corpus Christi, TX 78401 CCtexas.com Tuesday, December 11, 2012 12:00 PM Council Chambers A. CALL MEETING TO ORDER. B. INVOCATION. Mayor Martinez called the meeting to order. The invocation was delivered by Chuck Goodwin, Fish for Life Ministries. C. PLEDGE OF ALLEGIANCE. D. ROLL CALL. The Pledge of Allegiance was led by Assistant City Manager Wes Pierson. City Secretary Armando Chapa verified that the necessary quorum of the Council and the foregoing necessary Charter Officers, City Manager Ron Olson, City Attorney Carlos Valdez and City Secretary Armando Chapa were present to conduct the meeting. Present: 9 - Council Member KelleyAllen,Council Member Priscilla Leal,Council Member David Loeb,Mayor Nelda Martinez,Council Member Mark Scott,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Rudy Garza E. Proclamations / Commendations 1. H.E.B. Feast of Sharing City Manager's "At Your Service" Award Mayor Martinez announced the presentations. F. MINUTES: 2. Approval of Meeting Minutes - Special Meeting of November 14, 2012 and Regular Meeting of November 20, 2012. A motion was made by Council Member Priscilla Leal, seconded by Council Member Mark Scott to approve the minutes as presented. G. BOARDS & COMMITTEE APPOINTMENTS: 3. Citizens Advisory Health Board Library Board Corpus Christi Page 1 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 Museum of Science and History Advisory Board Regional Health Awareness Board The following reappoinments /new appointments were made to the following City boards, commissions and committees: Citizens Advisory Health Board: Amanda Stukenberg - Reappointed; Thomas Rosales (Joint) - New Appointment Library Board: Dr. Stuard Elovitz and Natalie Rogen (Friends /Library) - Reappointed; Evelyn Sue Donahoe - New Appointment Museum of Science & History Advisory Board: Kathy Juneau (Friends /Museum), Tom Kimes (Friends /Museum), Linda Torno (Education), Dr. Jonda Halcomb (Higher Education), Pablo Arturo Garza (Business Community), Scott Sutherland (Business Community), Luis Cabrera (Advisory), and Shannon Madden (Advisory) Regional Health Awareness Board: Donna Huddleston and Smbar Qureshi Enactment No: I. CONSENT AGENDA: (ITEMS 4 - 15) Mayor Martinez called for consideration of the Consent Agenda, Items 4 through 15. Mayor Martinez asked for council and public comments and there were none. The following items were approved by one vote: 4. Supply Agreement for Firefighting Clothing Motion approving a supply agreement with Casco Industries Inc., Pasadena, Texas for firefighting clothing consisting of ninety sets of pants and coats, based on only bid, in accordance with Bid Invitation No. BI- 0003 -13 for an estimated annual expenditure of $139,064.40 of which $92,709.60 is required for the remainder of FY 2012 -2013. The term of the agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Fire Department in FY 2012 -2013. The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -194 5. Approving the purchase of nineteen (19) Chevrolet Tahoes for replacement vehicles in the Police Department fleet Motion approving the purchase of nineteen (19) Chevrolet Tahoes from Caldwell Country, Caldwell, Texas for a total amount of $521,639. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units Corpus Christi Page 2 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 are replacements to the fleet and will be used by the Police Department. Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -195 6. Purchase of a replacement vehicle (vacuum truck) for the maintenance of wastewater collection main lines Motion approving the purchase of one (1) vacuum truck from Houston Freightliner, Inc., Houston, Texas for a total amount of $305,896.14. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). Funding is available in the FY 2012 -2013 Capital Outlay Budget of the Maintenance Service Fund. The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -196 7. Amending City Investment Policy to further protect the City's assets Resolution approving amendments to the City Investment Policy to amend term for Certificate of Deposit from one to two years and include brokered certificates of deposit as an authorized investment; and approving the Investment Policy as amended. The foregoing resolution was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029689 8. Agreement for temporary tax abatement for outpatient surgery center providing for 12 permanent jobs located at 6200 Saratoga Boulevard Resolution authorizing the execution of an agreement with JHPK, LLC Corpus Christi Page 3 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Aye: 8 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 1 - Council Member Allen Enactment No: 029690 9. Contract amendment no. 2 to authorize additional design time for Hike and Bike Trails project Motion authorizing the City Manager, or designee, to ratify Amendment No. 2 to the Contract for Professional Services with JEC Architects, Inc. of Corpus Christi, Texas, in the amount of $7,800.00, for a total restated amount not to exceed $52,175.00 for the Hike & Bike Trails - City Wide (Bond 2008). The foregoing motion was passed and approved with the followig vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -197 10. Professional services contract for decommissioning of wastewater treatment plant 11. Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $590,887.00 for the Broadway Wastewater Treatment Plant Decommissioning. The foregoing motion was passd and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -198 Construction contract for an effluent line from Oso Water Reclamation Plant to Wooldridge Lift Station for delivering effluent water to various golf courses and City Parks via existing effluent distribution network Motion authorizing the City Manager, or designee, to execute a construction contract with S.J. Louis Construction in the amount of Corpus Christi Page 4 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 $2,433,323.70 for the Oso Effluent Re -Use Distribution System Phase 1 Project. The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -199 12. Second Reading Ordinance - Amending the Comprehensive Plan to include Americans with Disabilities Act (ADA) improvements within public right -of -ways (1st Reading 11/20/12) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by adoption of the Corpus Christi ADA Master Plan; providing for repeal of conflicting ordinances; and providing for severance The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029691 13. Second Reading Ordinance - Authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the Texas Municipal Retirement System for adherence to collective bargaining agreement (1st Reading 11/20/12) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 8 - Council Member Allen, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 1 - Council Member Leal Enactment No: 029692 Corpus Christi Page 5 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 14. Second Reading Ordinance - Accepting and appropriating Federal grant to strengthen homeland security preparedness (1st Reading 11/20/12) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $22,268 from the U.S. Department of Homeland Security FEMA for funding eligible under the FY 2012 Port Security Grant Program to purchase law enforcement equipment for the Police Department; and appropriating the $22,268 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029693 15. Second Reading Ordinance - Appropriating funds for one -time expenditures to provide three police motorcycles and lights and hardcases for previously purchased patrol rifles (1st Reading 11/20/12) Ordinance appropriating $85,000 from the unreserved fund balance in No. 9010 Crime Control District Fund for "one- time" expenditures in the FY 2012 -2013 operating budget, and changing the FY 2012 -2013 operating budget adopted by Ordinance No. 029577 by increasing appropriations by $85,000. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029694 J. EXECUTIVE SESSION: (ITEMS 16 -18) Mayor Martinez read Executive Session Items 16 through 18. The council went into executive session. The council returned from executive session. 16. Executive session pursuant to Texas Government Code Section 551.071 to consult with attorneys regarding contemplated litigation related to the city of Corpus Christi's wastewater treatment plants, with possible discussion and action in open session. This E- Session Item was discussed. Corpus Christi Page 6 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 17. 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, with possible discussion and action in open session. This E- Session Item was discussed. 18. Executive session pursuant to Texas Government Code Section 551.072 to deliberate the value of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, with possible discussion and action in open session. This E- Session Item was discussed. K. PUBLIC HEARINGS: (ITEM 19) Mayor Martinez referred to Item No. 19. Bob Payne, Planning and Environmental Services Department provided a brief presentation of the two proposed districts. He added that the two new zoning districts being proposed are for use under airport flight zones, or next to refineries. Mr. Payne stated that the Compatible and Industrial Compatible Districts do not permit any residential use or uses that are likely to draw large groups of people. Mr. Payne added that the Planning Commission recommends approval, and Staff recommends approval, not including billboards in the Industrial Compatible District. A motion was made by Council Member Scott, seconded by Council Member Leal to open the public hearing. The following two citizens spoke regarding this item: Captain Dave Edgecomb, NAS, and Abel Alonzo. A motion was made by Council Member Scott, seconded by Council Member Loeb to close the public hearing 19. Second Reading Ordinance - Amending the Unified Development Code for new zoning districts for use under airport flight zones, refineries or other potential hazards to adjacent uses (1st Reading 12/11/12) Ordinance amending the Unified Development Code ( "UDC ") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard -New Development;" amending the Comprehensive Plan to Corpus Christi Page 7 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 L. REGULAR AGENDA: (ITEMS 20 - 23) Mayor Martinez referred to the Regular Agenda. City Secretary Chapa stated that this item is to change the start time of the Council meeting from 12:00 noon to 11:30 am beginning with the December 18th Council meeting. Mayor Martinez asked for comments from the audience and the following citizens spoke: Colin Sykes and Abel Alonzo. Mayor Martinez stated that public comment would be scheduled for 12:00 Noon. 20. Motion changing the start time of the City Council Meetings from 12:00 Noon to 11:30 am beginning on December 18, 2012. The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: M2012 -200 Mayor Martinez referred to Item Numbers 21, 22 and 23. Constance Sanchez, Director of Finance stated that there is an opportunity for the City to refund existing general obligation /improvement bonds to achieve annual savings. Mayor Martinez asked for comments from the audience and there were no comments. 21. Refunding of existing General Improvement Bonds (Related Items 21 - 23) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C and for the City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012. The foregoing motion was passed and approved with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Corpus Christi Page 8 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 Abstained: 0 Enactment No: M2012 -201 22. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Series 2012C ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent /registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file 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 bonds, and providing an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Enactment No: 029695 23. Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas General Improvement Refunding Bonds, Taxable Series 2012 ", levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the Bonds; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement; a purchase contract, and an escrow and trust agreement; complying with the letter of representations on file 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 bonds, and providing an effective date. The foregoing ordinance was passed and approved on second reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 Corpus Christi Page 9 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 Enactment No: 029696 M. FIRST READING ORDINANCES: (ITEMS 24 - 30) 24. First Reading Ordinance - City reimbursement for costs incurred prior to receipt of bond proceeds for approved projects relating to Bond 2012 Ordinance relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax - exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. (BOND 2012) The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 25. First Reading Ordinance - Amending the Capital Improvement Program Budget to add the voter - approved Bond 2012 Projects Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 26. First Reading Ordinance - Amending City code to increase fares /fees, and modifying enforcement procedures and regulations to bring them in line with industry standards Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND Corpus Christi Page 10 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 27. First Reading Ordinance - Accepting and appropriating State grant for collaborative enforcement efforts with Nueces County Sheriff's office Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503 in the No. 1061 Police Grants Fund. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 28. First Reading Ordinance - Accepting and appropriating State grant for Meals on Wheels Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 29. First Reading Ordinance - Acepting and appropriating federal grant Corpus Christi Page 11 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 and authorizing execution of agreements for homeless prevention and rapid re- housing Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 9 - Council Member Allen, Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Scott, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Abstained: 0 30. First Reading Ordinance - Repealing and amending cable franchise ordinances to comply with State cable franchising statute Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date and publication. The foregoing ordinance was passed and approved on first reading with the following vote: Aye: 7 - Council Member Leal, Council Member Loeb, Mayor Martinez, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Garza Absent: 2 - Council Member Allen and Council Member Scott Abstained: 0 N. FUTURE AGENDA ITEMS: (31 - 40) Mayor Martinez referred to the Future Agenda, Item Nos. 31 through 40. Mayor Martinez stated that these items are for informational purposes only and that no action or public comment would be taken. City Manager Olson stated that staff would be make a presentation on Item No. 40, and Council requested a presentation on Item Nos. 33 and 37. 31. Purchase of Tasers for police officers for restraint of aggressive individuals Motion approving the purchase of TASER brand non - lethal weapons from GT Distributors, Inc., Austin, Texas based on sole source for a total expenditure of $72,034.10. Funds have been budgeted by the Police Department in FY 2012- 2013. Corpus Christi Page 12 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 This Motion was recommended by Staff to the Consent Agenda. 32. Purchase of animal transport shells to replace existing units Motion approving the purchase of six (6) animal transport shells from Jackson Creek Manufacturing, Inc., Denton, North Carolina based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0030 -13, fora total expenditure of $67,302.30. Funds have been budgeted by the Animal Care Department in FY 2012- 2013. This Motion was recommended by Staff to the Consent Agenda. 33. Lease purchase for ambulances to replace existing units Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $270,000. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease /financing program. This Motion was recommended by Staff to the Consent Agenda. 34. Lease purchase of curbside refuse containers for the Solid Waste automated collection program Motion approving the lease purchase of 6,500 96- gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $307,420. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. This Motion was recommended by Staff to the Consent Agenda. 35. Supply Agreement for testing reagent that tests water for bacteria Motion approving a supply agreement with IDEXX Distribution, Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" based on only bid, in accordance with Bid Invitation No. BI- 0174 -12, for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been Corpus Christi Page 13 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 budgeted by the Health Department and Water Department in FY 2012- 2013. This Motion was recommended by Staff to the Consent Agenda. 36. Amendment to professional services contract for design work solutions to air emissions testing for flare permitting requirements at wastewater treatment plant Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. This Motion was recommended by Staff to the Consent Agenda. 37. Professional services contract to update licensing for records imaging and management to a city -wide solution Motion authorizing the City Manager, or designee, to execute a contract with MCCI of Tallahassee, Florida for an expenditure of $99,817.92 to update existing Laserfiche licenses to an enterprise solution with the option to extend for up to three 1 -year terms for annual maintenance in the amount of $40,737.74. This Motion was recommended by Staff to the Consent Agenda. 38. Certification agreement with State for local historic preservation efforts Motion approving execution by the Mayor of a Certification Agreement with the Texas Historical Commission for City participation in the Certified Local Government Program regarding local historic preservation. This Motion was recommended by Staff to the Consent Agenda. 39. Resolution of support for the Schanen Hike and Bike trail project allowing a request for State funding Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. This Motion was recommended by Staff to the Consent Agenda. 40. First Reading Ordinance - Amending city code to clarify areas where waterfowl hunting is prohibited Corpus Christi Page 14 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. This Motion was recommended by Staff to the Regular Agenda. O. UPDATES TO CITY COUNCIL: (ITEMS 41 - 43) 41. Flint Hills Permitting Process Mayor Martinez referred to Item No. 41, Update regarding Flint Hills Permitting Process. Valerie Pompa, Flint Hills Resources first provided overview of the history of Flint Hills. she stated that Flint Hills has been a community member since 1980, has invested $3.1 billion in assets, and donated $8 million to local non - profit agencies in the last decade. She reported that Eagle Ford Shale has created 3,900 jobs, $5 billion in economic impact in Nueces and San Patricio counties. Ms. Pompa announced a $250 million project in their West Plant which is designed to increase their capability to process domestic crude and reduce emissions. Ms. Pompa stated that Flint Hills has met with community groups and various organizations to receive input on this project. She also stated that they have posted all project information on the Flint Hills website for community access. 42. Bond Issue 2012 Project Execution Schedule Mayor Martinez referred to Item No. 42, Bond 2012 Execution Schedule. Mr. Dan Biles, Director of Engineering provided a brief overview regarding the project execution study, goals, schedule for Proposition 1 (Streets), and Propositions 3 through 8. Mr. Biles added that a Capital Budget Oversight Committee has been created under the direction of the City Manager. Mr. Biles informed the Council that project maps and schedules will be posted on the City's website. 43. FEMA's Preliminary Flood Insurance Rate Map Update Mayor Martinez referred to Item No. 43, FEMA's Preliminary Flood Insurance Rate Map (FIRM) Update. Mr. Dan Biles, Director of Engineering stated that FEMA has provided the City of Corpus Christi with working copies of the draft FIRM maps. He stated that FIRMs are used to enforce state and community flood plain management regulation, calculate flood insurance premiums, and determine whether a property is required to purchase flood insurance. Mr. Biles provided an outline of FEMA's upcoming schedule, and an update on the City of Corpus Christi's efforts towards finalizing and adopting the Draft Storm Water Master Plan. P. PUBLIC COMMENT. Mayor Martinez referred to Public Comment. Jack Gordy spoke about citations issued regarding illegal political signs, and advertisement on RTA bus benches; Freddy King spoke about the City's bond rating and bond projects; Corpus Christi Page 15 Printed on 12/13/2012 City Council Meeting Minutes - Final December 11, 2012 and Mary Lou Huffman spoke about the clean up in the Cesar Chavez area and various other issues. Q. CITY MANAGER'S COMMENTS: City Manager Olson introduced the new Museum Director, Carol Rehtmeyer. Ms. Rehtmeyer made brief remarks about her plans and goals for the Corpus Christi Museum of Science and History. Update on City Operations R. ADJOURNMENT There being no further business to come before the Council, Mayor Martinez declared the meeting adjourned at 5:00 pm. Corpus Christi Page 16 Printed on 12/13/2012 a. COASTAL BEND COUNCIL OF GOVERNMENTS — Three (3) vacancies with terms to 4 -30 -13 who shall be elected officials. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two -years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS TERM ** *Mayor Joe Adame 4 -30 -13 ** *Council Member Larry Elizondo 4 -30 -13 ** *Council Member John Marez 4 -30 -13 Council Member Mark Scott 4 -30 -13 Ron Olson, City Manager 4 -30 -13 Tom Tagliabue, Director, Intergovernmental Relations 4 -30 -13 Richie Quintero, Deputy Fire Chief 4 -30 -13 Oscar Martinez, Assistant City Manager 4 -30 -13 Bill Hennings 4 -30 -13 ALTERNATES Armando Chapa, City Secretary Pat Eldridge, Corpus Christi Police Department Margie Rose, Assistant City Manager Lawrence Mikolajczyk, Solid Waste Services Legend: ***Seat vacated (no longer elected official) b. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — One (1) vacancy representing one of the following: a resident of the district; an owner of property in the district; an owner of stock, or corporate owner of property within the district, or an agent, employee or tenant of one of the above. (Directors are chosen through the recommendation of the board and the approval of the City Council.) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE Raymond Gignac (PO) 07 -16 08 -21 -01 Eloy Salazar (PO) 07 -14 07 -27 -04 Con Browne (A /E /T) 07 -14 07 -31 -12 Wayne Lundquist (A /E /T) 07 -16 08 -22 -00 Jonathan Richter (A /E/T) 07 -16 07 -31 -12 Tracy (Tray) E. Bates (A /E/T) 07 -14 07 -19 -11 Glenn R. Peterson (PO) 07 -14 06 -08 -10 Casey Lain (PO) 07 -14 06 -08 -10 Christoher Lawrence (A /E/T) 07 -14 03 -29 -11 Cass Austin Gabriel (R) 07 -14 07 -19 -11 Dee Dee Perez (A/E /T) 07 -14 06 -08 -10 ** *Rachelle Graham (A /E /T) 07 -16 06 -08 -10 Tim Heuston (A/E /T) 07 -16 03 -29 -11 Harold Shockley, Jr. (A /E/T) 07 -14 05 -08 -12 Chad Magill (A/E /T), (Chair) 07 -16 08 -22 -06 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation R - Resident of District PO — Owner of Property within the District SO — Owner of Stock or Corporate owner of Property within the District A/E /T — Agent, Employee or Tenant of one of the above (The Corpus Christi Downtown Management District is recommending the appointment of Janet Maxwell (Corporate Property Owner). INDIVIDUALS EXPRESSING INTEREST: Bryan G. Hall Stephanie Knox Janet Maxwell Jennifer Reid Showroom Manager, Janet Maxwell Business Interiors of Texas. Received a Bachelors of Business Administration with a focus on Management from Texas A &M University- Corpus Christi. Activities include: Delta Sigma Pi Fraternity, and volunteers at community events. (Agent/Employee /Tenant) (7/20/12) Special Events Coordinator, Corpus Christi Chamber of Commerce. Currently studying towards a Master's degree in Communications Studies from Texas A &M University- Corpus Christi. Activities include: Young Business Professionals of the Coastal Bend. (Agent/Employee /Tenant) (11/06/12) President, Janet Maxwell Business Interiors of Texas. Del Mar College graduate. Activities include: Executive Women's International, Building Owners and Managers Association (BOMA), Corpus Christi Chamber of Commerce, Better Business Bureau, First Baptist Church. (Corporate Property Owner) (10/19/12) Downtown Business Owner, Threads. Received a Business Accounting Certificate. (Corporate Property Owner) (7/18/11) c. ETHICS COMMISSION — Three (3) vacancies with terms to 10- 01 -14. (Requires 2/3 vote of the City Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two - thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice - chairperson. ORIGINAL MEMBERS TERM APPTD. DATE * *Matthew Topelian 10 -01 -12 02 -14 -12 * *Melvin Bohannon 10 -01 -12 10 -13 -09 William Strawn 10 -01 -14 06 -09 -09 Haysam D. Dawod, Chair 10 -01 -14 07 -20 -10 Michael Rivera 10 -01 -13 06 -19 -12 *Karon K. Connelly, Vice -Chair 10 -01 -12 06 -19 -12 Ken Bung 10 -01 -13 10 -12 -10 Harry Hallows 10 -01 -13 10 -12 -10 Larry L. White 10 -01 -14 11 -08 -11 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Karon K. Connelly NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 2 2 100% INDIVIDUALS EXPRESSING INTEREST: Alicia G. Benavidez Arthie Lee Brown Jose Mario Gomez, Ph.D. Retired. Holds an Associates Degree in Liberal Arts, Certified Paralegal, Real Estate License, and Certified Apartment Manager. Activities include: former board member Housing Services of Tarrant County, Arlington Symphony Orchestra, Alamo COG /Area Agency on Aging, volunteers with HEB Christmas Dinners, USS Lexington Museum, and Bay Area Hospital. (11/19/12) Independent Avon Representative. Retired U.S. Navy Veteran. Received a Bachelor of Science in Psychology from Liberty University. Activities include: Volunteers with jail ministry and as Director of Parenting at Corpus Chri sti Christian Fellowship. (11/19/12) Clinical Director, Beacon of Hope Foster Care Agency. Received a BS in Criminal Justice from UT- Brownsville, an MS in Psychology from TAMU -K, and a Ph.D. in Counseling Education from TAMU -CC. Currently licensed professional counselor. Activities include: Foster Youth Life Investment Partners, Hispanic Chamber of Commerce, and advisory committee member at St. Patrick Catholic School. (11/30/12) Jack Gordy Retired Military (E -7, Chief Petty Officer). Attended Del Mar College. (6/08/11) Coretta Graham Self- Employed, Attorney. Activities include: Junior League; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; NAACP; Delta Sigma Theta CC Alumnae Chapter. (9/06/11) Scott M. Harris Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction projects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lieutenant Commander and Civil Engineer Corp Officer and serves as the Operations Officers for a Navy Mobile Construction Battalion. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, geography, reading, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (10/31/12) Attorney and Managing Member, Scutt Law, PLLC. Holds a Juris Doctor degree from the John Marshall Law School in Chicago, Illinois, also licensed to practice law in states of Texas and Minnesota. Activities include: volunteers with St. Patrick Catholic School. (09/24/12) d. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS — One (1) vacancy representing the City with term to 1- 01 -16. DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution. COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, three (3) Nueces County Commissioners Court and one (1) San Patricio County for staggered terms. Each person who is appointed or elected commissioner shall be a resident of the proposed navigation district and shall be an elector of the county. A person must have been a resident of Nueces County for at least six months to be eligible for appointment to the port commission. ORIGINAL MEMBERS TERM APPTD. DATE *Robert Kostelnik (City) 1 -01 -13 12 -08 -09 Alfred "Al" Jones (City) 1 -01 -15 10 -11 -11 Richard M. Borchard (County), Vice -Chair 1 -01 -15 12 -17 -08 Charles Zahn (County) 1 -01 -15 01 -11 -12 Mike Scott (County) 1 -01 -14 12 -01 -10 Mike Carrell (City), Chair 1 -01 -14 08 -28 -01 Judy Hawley (San Patricio) 1 -01 -14 01 -01 -04 Legend: * Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences *****Has met six -year service limitation (The Port of Corpus Christi Authority is recommending the reappointment of Robert Kostelnik as a City appointee.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Robert Kostelnik NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 19 15 79% OTHER INDIVIDUALS EXPRESSING INTEREST: James "Jim" Abram Richard Bell Self- employed, Air Traffic Control Consultant. Received B.S. in Aeronautics and M.S. in Aviation Management. (4/14/11) Controller, United Energy Logistics. Received a Master of Accountancy degree from Texas A &M University- Corpus Christi. Activities include: Governor's Regional Emerging Technology Fund selection board, Corpus Christi Yacht John Garcia Paul S. Grivich Scott M. Harris Anthony John Mulheron Club, Corpus Christi Sunrise Rotary Club, Coastal Bend Business Plan Competition Committee, and Founding Director of Coastal Bend Business Innovation Center (2009 - 2011). (6/21/12) Director of Sales and Marketing, Comfort Suites. Has been in the tourism /hospitality industries for over 15 years. Former CVB Destination Manager — sports and Mexico market. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Hispanic Chamber of Commerce, Hospitality Sales Marketing Assoc., and volunteers with Harbor Lights Festival. (11/12/12) President, Grivich Minerals & Mining Corp. Received a BS in Political Science from Sam Houston State University. Activities include: Nueces County Civil Service Commission, and City Oil & Gas Advisory Committee, formerly served on Nueces County Tax Appraisal District, City Zoning Board of Adjustment and Hispanic Chamber of Commerce Board of Directors. (12/13/12) (Willing to resign from the Oil & Gas Advisory Committee, if appointed to Port Authority) Professional Engineer, HDR Engineering, Inc. Received a B.S. in Civil Engineering from Prairie View A &M University. Currently pursuing an M.A. in Strategic Studies from the Naval War College. He is a 23 -year veteran in our armed forces, completing numerous humanitarian construction projects, and served in Operations Iraqi Freedom and USSOUTHCOM. He remains in the Navy Reserves as a Lieutenant Commander and Civil Engineer Corp Officer and serves as the Operations Officers for a Navy Mobile Construction Battalion. Activities and interests include: Scout leader at Nature Conservancy and Blucher Park, history, heritage, geography, reading, South Texas Council of Boy Scouts, Texas State Aquarium, Museum of Science and History, Art Museum of South Texas, Society of American Military Engineers and American Society of Civil Engineers. (10/31/12) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/02/11) Kevin Karroll Nelson, Ph.D. Homer Ramos Curtis A. Rock John Richard Sloan Post Doctoral Research Associate, Texas A &M University- Corpus Christi. Received a Ph.D. in Coastal and Marine System Science, and an M.S. in Computer Science. Currently conducting water /marine studies in Corpus Christi Bay and Nueces River Delta. (11/20/12) Retired Administrator of Del Mar College. Remains Adjunct Professor with Del Mar. Received his BA from Pan American University, and his MA from Texas A &I University. (12/03/12) Business Development Manager, Rock Engineering & Testing Laboratory. Received Bachelors of Business Administration from Texas A &M University — Corpus Christi. Activities include: Leadership Corpus Christi Chairman Class XL; TAMU -CC National Alumni Board Member; and Chairman of the Transportation Advisory Committee. Received the "Person of the Year" Award from Corpus Christi 40 Under 40. (8/12/11) (Willing to resign from the Transportation Advisory Committee if appointed) Retired. Former Regional Pension Manager with StanCorp Financial Group. Graduate of Seattle University. Activities include: current Lay Chaplain assigned to the Port of Corpus Christi Authority assisting seafarers on visiting ships, Corpus Christi International Seamen' s Center, Corpus Christi Beach Assn., Harbors Homeowners Assn., The Christopher Club of Corpus Christi. (08/29/12) AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager December 11, 2012 FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Floyd Simpson, Chief of Police flovdsCa�cctexas. com (361) 886 -2604 TASERS CAPTION: Motion approving the purchase of fifty -nine (59) TASER brand non - lethal weapons from GT Distributors, Inc., Austin, Texas based on sole source for a total expenditure of $72,034.10. Funds have been budgeted by the Police Department in FY 2012- 2013. PURPOSE: To be used to restrain aggressive individuals encountered by police officers. BACKGROUND AND FINDINGS: TASER International, Inc. is the sole source manufacturer of TASER brand products and GT Distributors, Inc., Austin, Texas is the sole authorized TASER distributor for Texas. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $82,470.09 $0 $82,470.09 Encumbered / Expended Amount $10,435.99 $0 $10,435.99 This item $72,034.10 $0 $72,034.10 BALANCE $0 $0 Fund(s): Crime Control Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM 1 2 3 4 5 DESCRIPTION GT DISTRIBUTORS, INC. TASERS PRICE SHEET QTY. UNIT GT DISTRIBUTORS, INC. AUSTIN, TEXAS UNIT TOTAL PRICE PRICE Taser X26e yellow with black plates XDPM, P/N AT -26524 Taser 4 -year extended warranty, P/N AT -26744 Taser blackhawk serpa holster, P/N AT -44972 Taser X26 extra - penetrating cartridge 25', P/N AT -44203 Taser 15' air cartridge, P/N AT -34200 59 59 59 200 300 each each each each each $812.00 $189.95 $32.95 $24.95 $19.95 TOTAL: $47,908.00 $11,207.05 $1,944.05 $4,990.00 $5,985.00 $72,034.10 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: December 11, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Floyd Simpson, Chief of Police flovdsCa�cctexas. com (361) 886 -2604 Animal Transport Shells CAPTION: Motion approving the purchase of six (6) animal transport shells from Jackson Creek Manufacturing, Inc., Denton, North Carolina based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0030 -13, for a total expenditure of $67,302.30. Funds have been budgeted by the Animal Care Department in FY 2012- 2013. PURPOSE: These units will be mounted on existing pickup truck chassis and used to transport animals. BACKGROUND AND FINDINGS: The units currently in use are deteriorating and have no air conditioning. The replacement units will have air conditioning and are constructed of stronger material. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Animal Care Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $125,500.00 $0 $125,500.00 Encumbered / Expended Amount $15,769.75 $0 $15,769.75 This item $67,302.30 $0 $67,302.30 BALANCE $42,427.95 $42,427.95 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM 1 DESCRIPTION Aluminum Animal Transport Shells QTY. 6 UNIT each BID TABULATION BID INVITATION NO. BI- 0030 -13 ANIMAL TRANSPORT SHELLS Jackson Creek Manufacturing, Inc. Denton, North Carolina Jones Trailer Co. Woodson, Texas UNIT PRICE $11,217.05 EXTENDED PRICE $67,302.30 TOTAL: $67,302.30 UNIT PRICE $12,017.00 EXTENDED PRICE $72,102.00 $72,102.00 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 12/11/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a�cctexas. cam 361- 826 -3169 Robert Rocha, Fire Chief rrocha(ccctexas. com 361- 826 -3932 Ambulances CAPTION: Motion approving the lease purchase of two (2) ambulances from Knapp, Chevrolet, of Houston, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $270,000. The ambulances will be used by the EMS Division of the Fire Department. These units are a replacement to the fleet. Funds for the lease purchase of the ambulances will be provided through the City's lease /financing program. PURPOSE: The ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. BACKGROUND AND FINDINGS: Currently, the City operates nine frontline ambulances and five reserve units. These new units will replace two existing frontline ambulances which will be placed in reserve status. The units being replaced are a 2003 Freightliner Ambulance with 204,672 miles and a 2005 Ford F- 650 with 113,802 miles. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The ambulances will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the ambulances. The estimated annual payment is $57,787.68. Total estimated cost over the sixty -month period, including principal of $270,000 and interest of $18,938.40, is $288,938.40. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $230,997.00 $269,675.84 $500,672.84 Encumbered / Expended Amount $20,997.90 $20,997.90 This item $19,262.56 $269,675.84 $288,938.40 BALANCE $190,736.54 $190,736.54 Fund(s): Fire Department Comments: The $19,262.56 financial impact shown above represents four months of payments that will be encumbered through the end of this fiscal year. The remaining $269,675.84 for the fifty six months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. HGAC CONTRACT NO. AM10 -12 PRICE SHEET LEASE PURCHASE OF AMBULANCES CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO COUNCIL DATE: DECEMBER 11, 2012 KNAPP CHEVROLET HOUSTON, TX Description Qty. Unit Unit Extended Price Price 2012 Frazer Type I, Ambulance, C3500 6.0 liter gas engine with air suspension package. TOTAL: 2 each $ 135,000.00 $270,000.00 $270,000.00 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 12/11/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(c�cctexas. com 361- 826 -3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(a�cctexas.com 361- 826 -3932 Curbside Refuse Containers CAPTION: Motion approving the lease purchase of 6,500 96- gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $307,420. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H- GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. PURPOSE: These containers will be used in the City's automated collection program. BACKGROUND AND FINDINGS: These containers will be distributed to residents in new start -up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The containers will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $65,878.20. Total estimated cost over the sixty -month period, including principal of $307,420 and interest of $21,971, is $329,391. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,482,793.11 $296,451.90 $2,779,245.01 Encumbered / Expended Amount 181,304.83 0.00 181,304.83 This item 32,939.10 296,451.90 $329,391.00 BALANCE $2,268,549.18 0.00 $2,268,549.18 Fund(s): General Fund Comments: The $32,939.10 financial impact shown above represents six months of payments that will be encumbered through the end of this fiscal year. The remaining $296,451.90 for the last fifty -four (54) months of the lease- purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 11, 2012 PRICE SHEET HGAC CONTRACT # GC01 -11 CURBSIDE REFUSE CONTAINERS Toter Incorporated Statesville, NC Item Description Qty. Unit Unit Extended Price Price 1 6,500 96- gallon curbside refuse containers TOTAL: 1 Lot $ 307,420.00 $ 307,420.00 $ 307,420.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: November 20, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Gustavo Gonzalez, Director of Water Operations q ustavogoa_cctexas. com (361) 826 -1874 Donna Rosson, Public Health Administrator donnar(a�cctexas. com (361) 826 -1323 Colilert CAPTION: Motion approving a supply agreement with IDEXX Distribution, Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" based on only bid, in accordance with Bid Invitation No. BI- 0174-12, for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Health Department and Water Department in FY 2012- 2013. PURPOSE: Colilert is used by the Health and Water Departments to test water for bacteria. Colilert is the only test reagent approved by the Texas Commission on Environmental Quality (TCEQ) for this type of testing. IDEXX Distribution, Inc. is the manufacturer and sole distributor of Colilert. BACKGROUND AND FINDINGS: This testing is required by the Environmental Protection Agency (EPA) and administered by the Texas Commission on Environmental Quality (TCEQ). The Water Department tests the water for the City of Corpus Christi. The Health Department is a regional testing lab and tests the water for various cities in the surrounding area. The Health Department charges for the service and the fees are reimbursed to the City. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Water Department, Health Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $279,556.11 $31,380.00 $310,936.11 Encumbered / Expended Amount $42,389.92 0 $42,389.92 This item $62,760.00 $31,380.00 $94,140.00 BALANCE $174,406.19 $174,406.19 Fund(s): Water Fund, Nueces County Health District Fund Comments: The $62,760 financial impact shown above represents eight months of expenditures that will be encumbered through the end of this fiscal year. The remaining $31,380 for the last four months of the contract will be requested for next fiscal year during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet CITY OF CORPUS CHRISTI BID INVITATION NO. BI- 0174 -12 PURCHASING DIVISION COLILERT BUYER: GERALD GOODWIN PRICE SHEET ITEM 1 2 3 4 5 6 7 DESCRIPTION QTY. UNIT IDEXX DISTRIBUTION, INC. WESTBROOK, MAINE UNIT TOTAL PRICE PRICE Colilert, P/N WP2001, 200 packs /case Colilert 18, P/N WP2001 -18, 200 packs /case Colilert Vessels, P/N WV120SBST -200, 200 each /case Enterolert, P/N WENT200, 200 packs /case Quanti -Tray, P/N WQT100, 100 trays /case Quanti- Tray /2000, P/N WQT2K, 100 trays /case Colilert Comparator, P/N WP104, 1 bottle /box 15 58 160 54 12 100 4 case case case case case case box $500.00 $500.00 $22.50 $700.00 $100.00 $150.00 $10.00 TOTAL: $7,500.00 $29,000.00 $3,600.00 $37,800.00 $1,200.00 $15,000.00 $40.00 $94,140.00 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 18, 2012 Agenda Item: Motion approving a supply agreement with IDEXX Distribution, Inc., Westbrook, Maine for the laboratory testing reagent "Colilert" based on sole source for an estimated annual expenditure of $94,140.00, of which $62,760.00 is required for the remainder of FY 2012 -2013. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve -month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Health Department and Water Department in FY 2012- 2013. Amount Required: $62,760.00 Fund Name Fund No. Org. No. Account No. Project No. Amount Nueces County Health District 9100 00000 530000 762631 $31,380.00 Water Fund 4010 31700 520030 $31,380.00 Total $62,760.00 n Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: November 9, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826 -3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 Approval of Contract for Professional Services: Greenwood Wastewater Treatment Plant Flare Permitting CAPTION: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. PURPOSE: The purpose of this Agenda Item is to execute the amended contract for the Greenwood Wastewater Treatment Plant Flare Permitting so professional services may continue. BACKGROUND AND FINDINGS: Naismith Engineering, Inc. began work with a small Architect /Engineer Agreement to determine flare permitting requirements. During the assessment it was determined that additional field testing is necessary to properly characterize potential air emission constituents. In order to obtain an air permit, characterization of the potential air emissions from the digester needs to be established. To properly characterize the potential air emissions, samples of the digester gas leading to the flare needs to be collected along with flow rates and volumes from each digester. Currently, there are no flow meters or sample ports located in the piping leading from the digester to the flare. Naismith Engineering, Inc. will provide design drawings, specifications, and contract documents to allow the installation of flow meters and sample ports to properly characterize the potential air emissions from the digester. The result of their effort will be used in the application for an air permit with the Texas Commission on Environmental Quality. ALTERNATIVES: 1. Award the contract to Naismith Engineering, Inc. as proposed. 2. Do not award the contract to Naismith Engineering, Inc. as proposed. (Not Recommended) OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Conforms to statues regarding FY 2012 -2013 Wastewater Operating Budget EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $100,940.00 $100,940.00 Encumbered / Expended Amount $46,450.00 $46,450.00 This item $11,250.00 $11,250.00 Future Anticipated Expenditures $43,240.00 $43,240.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating RECOMMENDATION: City staff recommends the Contract for Professional Services be awarded to Naismith Engineering, Inc. of Corpus Christi, Texas in the amount of $11,250.00, for a total restated fee not to exceed $57,700.00, for the Greenwood Wastewater Treatment Plant Flare Permitting. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract PROJECT BUDGET ESTIMATE GREENWOOD WASTEWATER TREATMENT PLANT FLARE PERMITTING FUNDS AVAILABLE: Wastewater Operating $100,940.00 FUNDS REQUIRED: Construction (preliminary estimate) 36,800.00 Contingency (10 %) 3,680.00 Consultant Fees: Consultant (Naismith Engineering, Inc.) 57,700.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 828.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 1,288.00 Finance 460.00 Misc. (Printing, Advertising, etc.) 184.00 TOTAL $100,940.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 File : \ Mproject \councilexhibits \exhE10173.dwg JV'L(LCTS B.51y HT- DDT CC HWM 44 AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI Bey McGLOIN RD L � W POINT PROJECT LOCATION co 0 Rq LOCATION MAP NOT TO SCALE CALF SAN FELIPE FR�Os /7/0:( N PROJECT SITE PROJECT # E10173 SITE PLAN NOT TO SCALE GREENWOOD WASTEWATER TREATMENT PLANT FLARE PERMITTING CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "CITY", and Naismith Engineering, Inc., hereinafter called "CONSULTANT," agree to the following amendment to the Contract for Professional Services for Greenwood Wastewater Treatment Plant Flare Permitting (Project No E10173), as authorized and amended by: Original NE Agreement September 12, 2011 Administrative Approval $ 46,450.00 Exhibit "A", SECTION 1. SCOPE OF SERVICES shall be amended to include the following and as specified in the attached Amendment No. 1 Exhibit "A". Basic Services: 1. The Consultant will provide design drawings, specifications, and contract documents to allow the City to utilize a small construction contract for the installation of equipment necessary for the characterization of the vent gas stream. 2. The Consultant will provide standard construction engineering services, including review of shop drawings, coordination with the contractor, review of progress payments, periodic site visits, and problem resolution meetings. 3. The Consultant will provide construction oversight for this project. This will include part-time construction consisting of four (4) hour site visits for the duration of the construction. This will also include daily reports and photographs of the construction progress. EXHIBIT "A", SECTION 3, PART B. SUMMARY OF FEES shall be modified and is attached as Amendment No 1 Exhibit "A" for a revised fee not to exceed ,$11,250.00 (Eleven Thousand Two Hundred Fifty Dollars and Zero Cents), for a total restated fee not to exceed $57,700.00 (Fifty Seven Thousand Seven Hundred Dollars and Zero Centsl. Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of September 12, 2011 contract between the City and Consultant will remain in full force and effect. CITY OF CORPUS CHRISTI Oscar R. Martinez, Date Assistant City Manager RECOMMENDED Daniel Biles, P.E., Director of Engineering Services 0/2.21/ Date Operating Department NAISMIT EN INE ING, Gran . Jac, son, bate Vice " resident 4501 Gollihar Road Corpus Christi, Texas 78411 (361) 814-9900 Office (361) 814-4401 Fax AMEND. NO. 1 Pa a e 1 of 2 KIENGINEERING DATAEXCHANGEVJENNIFERSWASTEWATERSE10173 GREENWOOD WWTP FLARE PERMITTING1CONTRACT,DOCX APPROVED AS TO FORM Office of Management and Budget Date Legal Department Date ATTEST Armando Chapa, City Secretary Project Number: E10173 Fund Source: 530000-4200-33000-E10173 Wastewater Operating Encumbrance Number: ENTERED OCT • 7 2012 CONTRAG mANALIER ICENGINEERING DATAEXCHANGEIJENNIFERMASTEWATERSE10173 GREENWOOD FLARE PERNIITTING1C0 RACT.DOCX AMEND. NO. 1 Page 2 of 2 September 25, 2012 NaisnuthEngineering Inc ARCHITECTURES ENGINEERING a ENVIRONMENTAL a SURVEYING ESTABUSHED 1949 TX Registration No. F-000355 OVER 60 YEARS OF ENGINEERING EXCELLENCE Mr. Bill Gre , P.E. Engineerin. Services Department City of C rpus Christi P.O. B. 9277 Corp Christi, Texas 78469-9277 Re: Contract Amendment One-Greenwood Wastewater Treatment Plant-Flare Permitting Dear Mr, Green: We have reviewed our contract for the referenced project regarding obtaining an air permit for the digester gas flare currently in place at the Greenwood Wastewater Treatment Plant. In order to obtain an air permit, characterization of the potential air emissions from the digesters needs to be established. To properly characterize the potential air emissions, samples of the digester gas leading to the flare needs to be collected along with flow rates and volumes from each digester. Currently, there are no flow meters or sample ports located in the piping leading from the digesters to the flare. As included in this request, Naismith Engineering, Inc. (NEI) will provide design drawings, specifications and contract documents to allow the City to utilize a small construction contract to install flow meters and sample ports to properly characterize the potential air emissions from the digesters at the Greenwood Wastewater Treatment Plant. The following list of items is necessary to accomplish this task: Item 1 -- Two Step City Review Due to the nature of this project, NEI is proposing to conduct City review in two steps. Following the hydro location of the piping and utilities, NEI will provide a one-page layout drawing, with proposed equipment locations and a small contract work scope description. Following the acceptance of this preliminary layout, NEI will prepare and deliver 100% plans and specifications to the City, along with an opinion of probable cost. Upon the acceptance of the 100% contract set, NEI will provide the City with final drawings in standard City format. Item 2-Construction EngineerinE Services NEI will provide standard construction engineering services, including review of shop drawings, coordination with the contractor, review of progress payments, periodic site visits, and problem resolution meetings. 4501 Goliihar Road. Corpus Christ, TX 78411 800-677-2831 361-814-9900 Fax 361-814 1101 • naisry erewtnearsoirg AMEND. NO. 1 EXHIBIT "A" Page 1 of 3 Mr. Bill Green, P.E. City of Corpus Christi-Engineering Services September 25, 2012 Page 2 of 2 Item 3-Construction Observation NEI will provide construction oversight for this project. This will include part-time construction consisting of four (4) hour site visits for the duration of the construction. This will also include daily reports and photographs of the construction progress. Based on the details for Contract Amendment One, the increase would be $11,250.00 for the Basic Services mentioned above for a total restated fee of $57,700.00. The executed copies of the applicable City standard forms have been included. We have not included a Disclosure of interest form, since we have several on file for this calendar year, and the disclosure certifications previously submitted remain valid. We appreciate the opportunity to submit this contract amendment request and look forward to completing this project for the City of Corpus Christi. Please contact us if you have any questions or need any additional information. Sincerely, Naismith Engineering, Inc. (TBPE Firm No. F-355) Grant A. Jackson Vice President Z:18709-Greewnood_Flare ost Pronosa1Amendincrii No. 11Amen ent One qu t-20 NaismithEngineeringjnc ARCHITeCTURE a ENGINEERING a ENVIRONMENTAL a SURVEYING AMEND. NO. 1 EXHIBIT "A" Pa .0 2 of 3 GREENWOOD WASTEWATER TREATMENT PLANT FLARE PERMITTING PROJECT NO. E10173 SUMMARY OF FEES Admin Approval II M2012- AMEND. NO. 1 EXHIBIT "A" Pa•e3of3 ORIGINAL CONTRACT AMEND. NO.1 TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $2,812.50 $2,812.50 2 Design Phase 0.00 5,625.00 5,625.00 3 Bid Phase 0.00 562.50 562.50 4 Construction Phase 0.00 2,250.00 2,250.00 Subtotal Basic Services 0.00 11,250.00 11,250.00 ADDITIONAL SERVICES la Permit Preparation (Permit by Rule -RBR) 23,450.00 0.00 23,450.00 1b Air Permitting (New Source Review -NSR) 23,000.00 0.00 23,000.00 2 ROW Acquisition Survey 0.00 0.00 0.00 3 Topographic Survey 0.00 0.00 0.00 4 Subsurface Utility Exploration 0.00 0.00 0.00 5 Environmental Issues (TBD) 0.00 0.00 0.00 6 Construction Observation Services 0.00 0.00 0.00 7 Start-up Services 0.00 0.00 0.00 8 Warranty Phase 0.00 0.00 0.00 Subtotal Additional Services 46,450.00 0.00 46,450.00 TOTAL FEE $46,450.00 $11,250.00 $57,700.00 Admin Approval II M2012- AMEND. NO. 1 EXHIBIT "A" Pa•e3of3 W O a O E V > O 0 W +-' U 14 1— Tr 1— O 0 .- c4 V N O G G O a zz 0 z° d._ 11- a >> E J o = c a a°'- 2 V z ._ E a v 2 a.+ 0 Basic Services: 0 0 r I %08 O% O% 0 0 0 N° 0 0 O O %I 0 se 0 e. ._ 0-) O 0 ■ 23 %) 00 00 O O 0 CO 00 0 000'£$ 00516$ O9Z'6$ 166`Z6$ LL8`Z$ OZI•'Z$ 000`8$ 1 0 6 L° r to ER 0 O n- 0 ° L° ° CO CO °E- n 0 ER 00 0 CO 0 0 o r ER ER 0 0 0 0 0 CO 0 O O 1� IA ti N 40 B$ Z$ 1 1 ER 40 4 E ° L0 0 N 0 N 0 co_ N N- 0 ° ° 0 ex T3 0 64 O m 0 r r r O r 0 O. 0 0 0 Lo 0 �n CO CO 0 0 0 0 r N N N O E} 69 ER- Construction Phase Subtotal Basic Services Additional Services: 0 & M Manuals Subtotal Additional Services Additional Services Fees Total of Fees AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City rus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following Information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: NAISMITH ENGINEERING, INC. P. O. BOX: STREET ADDRESS: 4501 Gollihar Road CITY: Corpus Christi ZIP: 78411 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessat7, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' N/A ame Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." N/A ame Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)] CERTIFICATION certify that all information provided is true and correct as of the date of this statement, that l have not 'knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur. Certifying Person: John A. Michael Title: Vice President r) pe or Hon Signature of Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission. or committee appointed by the City Council of the City of Corpus Christi, Texas. Date: b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members or the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis. bin not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial. and whether established to produce or deal with a product or service, including but not limited to. entities operated in the form of sole proprietorship, as self- employed person. partnership. corporation, john stock company, joint venture, receivership or trust. and entities which for purposes of taxation are treated as non -profit organi;onions. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm. including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager November 16, 2012 FROM: Connie Burns, Assistant Director of Municipal Information Services ConnieB @cctexas.com 361- 826 -3830 Update existing Laserfiche licenses to Rio Enterprise licensing CAPTION: Motion authorizing the City Manager, or designee, to execute a contract with MCCI of Tallahassee, Florida for an expenditure of $99,817.92 to update existing Laserfiche licenses to an enterprise solution. PURPOSE: Approval of this contract would update our existing Laserfiche licensing to an enterprise solution enabling the City to run Laserfiche city -wide with unlimited application servers and repositories. BACKGROUND AND FINDINGS: Updating our existing licensing will establish Laserfiche Rio as the city -wide solution that all city departments will be able to use. This will include workflow and records management functionality that will enhance the business processes of city departments. Every department has a need for imaging. Departments struggle to get control of the records they are responsible for maintaining. Laserfiche allows them to have immediate access to their records and frees up valuable physical storage space. Other savings that will be realized are paper cost, cost of folders and labels, and filing cabinets. The City has been utilizing Laserfiche in the City Secretary's office since the late 1990's to electronically store and retrieve documents. Other departments that have followed the City Secretary's example are: Water, Wastewater, Stormwater, Neighborhood Services, Human Resources, Streets and Payroll. ALTERNATIVES: Continue on the Laserfiche United licensing that does not include unlimited application servers and repositories, nor does it include workflow, records management, and many other features that will enhance the business processes of city departments. OTHER CONSIDERATIONS: Moving to enterprise licensing allows us to bring on any city departments that are wanting to digitize their records, as well as, move Municipal Court and Police Department off Visiflow which is end of life. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Not Applicable FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 99,817.92 40,737.74 140,555.66 Encumbered / Expended Amount This item 99,817.92 40,737.74 140,555.66 BALANCE 0 0 0 Fund(s): Municipal Information Services Comments: MCCI Contract# DIR -SDD -980 This Item" — The current year pricing of $99,817.92 includes the first year maintenance amount. $40,737.74 is the annual maintenance amount for future years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Professional Services Agreement Exibit A — MCCI Proposal 1 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a municipal corporation ( "City "), and MCC Innovations, ( "Consultant ") effective for all purposes upon execution by the City Manager or City Manager's designee. I. SERVICES TO BE PERFORMED. The Consultant agrees to provide professional services to the City of Corpus Christi as described in attached proposal, attached as Exhibit A. The parties agree performance of the work shall commence upon authorization to proceed by the City Contract Administrator. The Director of Municipal Information Systems is designated as the City Contract Administrator responsible for all phases of performance and operations under this Agreement, including authorizations for payment. All notices or communications regarding this Agreement shall be directed to the Contract Administrator. II. FEE FOR SERVICES AND MILESTONE PAYMENTS. Total cost for all services provided by Consultant and all expenses incurred by Consultant under this Agreement for the first year of this Agreement shall not exceed $99,817.92 based upon fees as set forth in Exhibit A unless authorized by written amendment to this Agreement. Contract Administrator and Consultant shall identify mutually agreed upon project milestones at which time payments shall be due. Payment shall be made within 30 days from receipt of invoice after Contract Administrator's acceptance of Consultant's successful completion of each project milestone. Fees for additional year of services are described as follows: $40,737.74 for annual maintenance. III. EFFECTIVE DATE, TERM, TERMINATION, HIERARCHY OF DOCUMENTS A. This agreement takes effect upon execution by the City Manager or his designee ( "Effective Date "). B. The term of this agreement is one year from the Effective date unless sooner terminated in accordance with Subsection C below. This agreement may be extended for up to 3 additional one year terms upon the written approval of the Contract Administrator, at the same terms and conditions. C. The City may, at any time, with or without cause, terminate this Agreement upon sixty (60) days written notice to the Consultant. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared or stored by the Consultant for the City, at the option of the City, will be delivered to the City. D. In the event of any conflicting terms between this Agreement and Consultant's Proposal, the terms in this Agreement control. IV. APPROPRIATION OF FUNDS. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. V. ASSIGNABILITY. Neither party may assign, transfer, or delegate any of his obligations or duties in this Contract to any other person without the prior written consent of the other party. 2 VI. INDEPENDENT CONTRACTOR. Consultant shall perform all services as an independent contractor and shall furnish such services in its own manner and method, and under no circumstances or conditions shall an agent, servant, or employee of the Consultant be considered an employee of the City. VII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain prior written approval from the City Contract Administrator. In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. Any subcontractor utilized by Consultant shall be responsibility of Consultant to indemnify as described in Section X below and insure at same levels as required in attached insurance exhibit. VIII. VENUE AND APPLICABLE LAW. Consultant shall comply with all applicable Federal, State and local laws. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such forum and venue for such disputes shall be the appropriate district, county, or justice court in and for Nueces County, Texas. IX. WAIVER. No waiver of any breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. X. INDEMNIFICATION. Subject to Consultant's limit of liability being set at one million dollars, Consultant agrees to indemnify and hold City, its officers, employees or agents ( "Indemnitees ") harmless of, from, and against all claims, lawsuits, demands, actions, damages, losses, costs, liabilities, and expenses, including court costs and attorney fees, for or on account of any injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of its agents, servants, contractors, subcontractors, or employees in performance of this Agreement. Subject to Consultant's limit of liability being set at one million dollars, Consultant agrees to indemnify and save harmless City, its agents, servants, and employees, ( "Indemnitees "), from any and all liabilities, losses, damages, or expenses, including court costs and attorney fees, resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents, contractors, or subcontractors while in 3 performance of this Agreement. XI. INSURANCE. Consultant agrees to provide insurance in accordance with the attached exhibit B. XII. AMENDMENTS OR MODIFICATIONS. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. XIII. NOTICES. Notices provided shall be in writing and mailed via first class US Mail, or overnight mail delivery service, addressed as follows: On behalf of the City: City of Corpus Christi Attn: Director of Municipal Information Systems P.O. Box 9277 Corpus Christi, TX 78469 -9277 On behalf of the Consultant: MCC Innovations Attn: Donny Barstow President PO Box 2235 Tallahassee, FL 32316 XIV. DISCLOSURE OF INTERESTS. Consultant shall complete the attached Disclosure of Interest form. XV. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. CITY OF CORPUS CHRISTI Ronald L. Olson Date City Manager APPROVED THIS DAY OF , 2012 By: Assistant City Attorney For City Attorney 4 CONSULTANT: MCC Innovations By: Name: Donny Barstow Title: President Date: 11/16/2012 Exhibit A {insert copy of Consultant's proposal} 5 6 EXHIBIT B INSURANCE REQUIREMENTS I. MCC Innovations ( "MCCI ") LIABILITY INSURANCE A. MCCI must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. MCCI must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. MCCI must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a waiver of subrogation is required for the General Liability and Workers Compensation policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation required by policy endorsements for all coverages Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury — Advertising Injury $1,000,000 COMBINED SINGLE LIMIT — $2,000,000 Aggregate AUTOMOBILE LIABILITY including: 1. Owned Vehicles 2. Hired & non -Owned vehicles $1,000,000 COMBINED SINGLE LIMIT Electronic Errors and Omissions $1,000,000 Bailee's Customers Goods Coverage $200,000 WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable while on City property WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 110F THIS EXHIBIT 500,000/500,000 /500,000 7 C. In the event of accidents of any kind, the MCCI must furnish the Risk Manager with copies of all reports of such accidents related to this agreement within ten (10) days of accident. 11. ADDITIONAL REQUIREMENTS A. MCCI must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If coverage not written in accordance with Texas law, All Other States (AOS) endorsement must be indicated on the certificate of insurance. B. MCCI's financial integrity is of interest to the City; therefore, subject to MCCIs right to maintain reasonable deductibles in such amounts as are approved by the City, MCCI shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at MCCI's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). MCCI shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. MCCI shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. MCCI agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 8 • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, MCCI shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend MCCI's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F In addition to any other remedies the City may have upon MCCI's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order MCCI to stop work hereunder, and /or withhold any payment(s) which become due to MCCI hereunder until MCCI demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which MCCI may be held responsible for payments of damages to persons or property resulting from MCCI's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that MCCI's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 9 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions. COMPANY NAME : MCC Innovations P. O. BOX: 2235 STREET: n/a CITY: Tallahassee ZIP: 32316 FIRM IS: 1. Corporation ( x ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City o orpus constituting 3% or more of the ownership in the above named "firm." Name Board, Commission, or Committee N/A nsti avmg an owners ip interest' 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Donny Barstow Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Donny Barstow (Type Signature of Certifying Person: Title: President Date: 11/16/2012 10 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. ❑Constructively hd d ❑ refers to holdings or control establ i shed through voting trusts, proxies, or special terms of venture or partnership agreements. ❑ f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Exhibit A Laserfiche Laserfiche is a unified solution that manages all your organization's documents and records, regardless of location or media. Please keep in mind some of the features of Laserfiche: User Friendly- Laserfiche is very easy to learn, navigate and use. Users will see Laserfiche has a folder tree structure similar to Windows Explorer for easy viewing and use. This familiarity will give your staff the confidence to begin scanning and retrieving documents almost immediately after installation making an Enterprise rollout easier on your resources. lr Comprehensive Security- Laserfiche Comprehensive Security allows you to control the security of your documents on many levels. You determine what functions, such as scanning and printing, each staff member may use. Security features are easy to administer and with proper right records managers can administer most security functions without IT staff assistance. -tr. Intelligent Search- Laserfiche lets you search your documents based upon full -text search, index search, and document and folder name searches. The Laserfiche full -text search unlocks the contents of your documents; if you need to find a word or phrase within a document, the full -text search retrieves it immediately. An easy Google -style toolbar is available for searching as well. Integration- Laserfiche is the central repository for records in your organization and allows for you to integrate other main line of business solutions easily. Whether you are looking for a way to integrate with a departmental solution, ERP solution, Microsoft product, etc. Laserfiche has options available. Laserfiche Microsoft integrations include the ability to archive Office & Outlook documents directly into Laserfiche as well as integration with Microsoft Share Point. Business Process Automation - Laserfiche allows users to capture information instantly and automate business processes instead of the traditional methods of using an imaging solution as an archival tool. Users are finding efficiencies by reducing the time processes take and giving users access to information instantaneously through the implementation of Laserfiche Workflow, resulting in cost savings for the organization. `if Mobility & Web Tools- Mobile devices are being used more and more in organizations for day to day operations. Laserfiche has options available to ensure you can access Laserfiche from these devices and perform related actions quickly on the go. There are also options for giving your outside citizens /customers access to records through the web to promote transparency and decrease records requests. 1 Rio Features MCCi is recommending the Rio platform for your organization. Rio includes: Named user tiered pricing with volume discounts. Each user comes bundled with: Workflow for Business Process Automation Web Access, which includes a thin client option for users, Web Access Light for mobile devices & tablets, iPhone & iPad apps, and SharePoint integration. Snapshot for archiving electronic records & Email Plug -in for emailing records directly from Laserfiche Advanced Audit Trail for monitoring, recording, and reporting on system activity. Digital Signature capabilities Unlimited Servers and Repositories to support back -ups, failover clustering, and testing environments. Rio License Manager for easy creation of licenses for testing, development and production systems. `r Web -based Administrative Console allowing you to administer the system from anywhere. Options for Records Management, Batch Processing tools, Integrations, and Web Portals. MCCi Advantage MCCi is a leading Laserfiche provider focusing on customer service in every aspect of your project. As a client you will receive access to our highly trained staff & support services, including: ir Dedicated Project Management- Our Project Managers are highly trained in the areas of implementation, Workflow processes, integrations, and more to help your organization implement a well thought out Enterprise system based on your organization's needs. They are Laserfiche gold certified and also hold other professional certifications to maintain a high knowledge level of our client's business processes. if Dedicated Support — Once your project is complete, you will have access to our support staff for trouble shooting & supporting your Laserfiche system. Our staff can be easily reached through email, phone or our online support center. "if" Sales & Account Management team — You will have a dedicated team of an Account Executive and Account Manager that you can directly contact. They will also proactively contact you to ensure satisfaction, provide additional information on your products, and conduct web & regional events on continuing education topics. Y Training Services- Before, during, and after your project, we focus on ensuring the users are trained on the software and stay up to date on the features available. In addition to our Training Services, we offer a yearly subscription to our Online Training Center for Laserfiche to help protect your Laserfiche investment. This allows all types of users, regardless of their role, to access videos on popular topics. This information is updated monthly and will be a continued resource for your organization. `9'. Back File Scanning & Conversion Experience- in the event you need to address a back file scanning project or have older data from legacy systems to convert, we have experience in addressing these and integrating them into your Laserfiche system. We have converted over 30 different applications and migrated the data to Laserfiche for other clients. 2 WiCCI ExperenceExceltenro STATEMENT OF WORK Product Description: Qty. Cost EXISTING LASERFICHE SOFTWARE SYSTEM CONFIGURATION [� United Standard Server Software *requires MS SQL Q LF Full User Q LF Retrieval User Q Snapshot Plug In Q LF Plus Plug In Software *per station • LF Scanconnect *required for each scanner purchased /utilized Q LF Scanconnect 5 -pack Q LF Scanconnect 10 -pack Q Weblink Q Quick Fields Q Zone OCR and Validation Package Includes Zone OCR and Pattern Matching [� Real Time Look Up and Validation Package Includes Real Time Look Up and Pattern Matching IZI Integrator's Toolkit Existing Software Credit Total ECM SOFTWARE LICENSING FOR RIO Q Rio Pilot - Records Management 50 -99 Users Includes Unlimited Laserfiche Servers, Records Management Edition, Workflow, WebAccess (including the SharePoint integration web parts and WebAccess Light), Advanced Audit Trail, Snapshot, and Email Q Rio Named User One Time Discount Quote Must be approved & software ordered by 12/28/2012 Q Plus for Publishing Royalty free distribution of published media IZI OCR Scheduler for Laserfiche - Requires one dedicated Laserfiche User License • LF Scanconnect for Rio *required for each scanner purchased /utilized Q LF Scanconnect for Rio 5 -pack Q LF Scanconnect for Rio 10 -pack Document Management Software and Licenses Total 3 - 1 $6,600.00 $571.88 $220.00 $100.00 $3,795.00 $165.00 $660.00 $915.00 $7,995.00 $595.00 $2,795.00 $595.00 - 1 $2,500.00 Upgrade to Rio DIR -SDD- Total 980 N/A ($6,600.00) N/A ($18,300.16) N/A ($5,500.00) N/A ($3,200.00) N/A ($3,795.00) N/A ($165.00) N/A ($660.00) N/A ($915.00) N/A ($7,995.00) N/A ($595.00) N/A ($2,795.00) N/A ($595.00) N/A ($2,500.00) ($53, 615.16) 72 $917.00 $861.70 $62,042.40 72 ($533.00) ($533.00) ($38,376.00) 1 $3,800.00 $3,570.86 1 $1,500.00 $1,409.55 1 $165.00 $155.05 1 $660.00 $620.20 1 $915.00 $859.83 $3,570.86 $1,409.55 $155.05 $620.20 $859.83 $30,281.89 WEB TOOLS FOR RIO IZI Pilot Public Portal 1 $25,000.00 $23,492.50 $23,492.50 Includes Weblink software and 25 Weblink -only retrieval connections. Web Tools Total $23,492.50 BATCH PROCESSING MODULES FOR RIO Q Quick Fields Complete for Rio 1 $15,000.00 $14,095.50 $14,095.50 Includes QF, Validation packages for Bar Code, RTL, Zone OCR, Doc Classification, Forms Alignment, Forms Identification, Forms Extractor, OMR, and Auto Stamp /Redaction /Bates Numbering LZI QF Agent for Rio 1 $10,000.00 $9,397.00 $9,397.00 Batch Process Modules Total $23,492.50 INTEGRATION TOOLS FOR RIO LZI Integrator's Toolkit for Rio 1 $2,500.00 $2,349.25 $2,349.25 Integration Tools Total $2,349.25 ANNUAL SOFTWARE SUPPORT - BASIC LSAP [Jf Rio Pilot - Records Management 50 -99 Users 72 $184.00 $165.60 $11,923.20 Includes Unlimited Laserfiche Servers, Records Management Edition, Workflow, WebAccess (including the SharePoint integration web parts and WebAccess Light), Advanced Audit Trail, Snapshot, and Email [Jf Plus for Publishing 1 $1,600.00 $1,440.00 $1,440.00 Royalty free distribution of published media 2 OCR Scheduler for Laserfiche - Requires one dedicated 1 $330.00 $297.00 $297.00 Laserfiche User License 2 LF Scanconnect for Rio *required for each scanner 1 $34.00 $30.60 $30.60 purchased /utilized [Jf LF Scanconnect for Rio 5 -pack 1 $132.00 $118.80 $118.80 [Jf LF Scanconnect for Rio 10 -pack 1 $184.00 $165.60 $165.60 [Jf Pilot Public Portal 1 $5,000.00 $4,500.00 $4,500.00 Includes Weblink software and 25 Weblink -only retrieval connections. 2 Quick Fields Complete for Rio 1 $3,000.00 $2,700.00 $2,700.00 Includes QF, Validation packages for Bar Code, RTL, Zone OCR, Doc Classification, Forms Alignment, Forms Identification, Forms Extractor, OMR, and Auto Stamp /Redaction /Bates Numbering IZI QF Agent for Rio 1 $2,000.00 $1,800.00 $1,800.00 IZI Integrator's Toolkit for Rio 1 $750.00 $675.00 $675.00 Q Managed Services for Laserfiche - Rio 1 $2,812.50 $2,812.50 $2,812.50 Q Managed Services for SDK 1 $562.50 $562.50 $562.50 LZI Managed Services for Workflow, Level 2 *not to exceed 45 1 $5,062.50 $5,062.50 $5,062.50 hours 4 Q Training Center 50+ Users 1 $3,920.00 $3,920.00 $3,920.00 [Jf MCCi Service Level Agreement 1 $4,730.04 Annual Support Total $40,737.74 For budgetary purposes, the Client should include $40,737.74 in annual budget for renewal of LSAP, Managed Services, SLA and the Training Center for the software quoted above. MCCi PROFESSIONAL SERVICES [ZI Records Management Module Training, per day 2 $2,100.00 $1,932.00 $3,864.00 *Travel expenses included. Q Basic Onsite System Admin / Train the Trainer Training of 3 $2,100.00 $1,932.00 $5,796.00 software, per day Workflow training and installation excluded. Travel expenses included. The goal is to provide appropriate training to the Corpus Christi administrative staff for a "Train the Trainer" methodology. The result will be a knowledge transfer so that the City of Corpus Christi staff will be equipped to train the end users. If end user training is requested, additional days may be necessary. LZI Quick Fields Complete Training, per day 1 $2,100.00 $1,932.00 $1,932.00 LZI Workflow Configuration Training, Level 2 1 $14,660.00 $13,487.20 $13,487.20 Includes remote installation with up to 3 days onsite training, remote workflow configuration assistance up to 45 days post training, 1/2 day developer training, and up to 15 days of remote developer assistance [� MCCi Project Management Services Professional Services Total 1 $8,000.00 $33,079.20 Total Project Cost $99,817.92 PAYMENT & BILLING TERMS MCCi will invoice fifty percent (50 %) of the total contract amount upon receipt of the signed contract. Balance of total project will be invoiced upon completion of the proposed professional services, but may be broken up based on completion date of specific services. MCCi's final invoice will reflect a credit for remaining support on the prior system. This credit is based on a prorated amount determined by the order date of the new system software. Sales tax will be included where applicable. Payment will be due upon receipt of an invoice. 5 MCC/ STANDARD SERVICES To determine which services and products are included with your project, please refer to the Statement of Work above. MCCi prides itself in providing high quality professional services and support. Providing the most advanced level of tech support via the web, e-mail and phone, you can rest assured that MCCi will provide you with profession installation, training and support services. Our clients can rely on us to provide a continual flow of information through our technical bulletins and newsletters. MCCI PROJECT MANAGEMENT SERVICES MCCi Project Managers are CDIA- certified and Laserfiche Gold certified. The CDIA (Certified Document Imaging Architect) is awarded after a comprehensive and rigorous exam focused on a broad spectrum of document and records management objectives. There are multiple Laserfiche Certifications and MCCi focuses on maintaining all of them. MCCi Project Managers administer these services and concentrate on defining business requirements and the deliverables that follow. The MCCi Project Manager will work with the client's point of contact to put together a project plan that clearly defines the scope of services of the Project Management services. These services are included to ensure the Client is prepared for the final project implementation. Implementation Client Consultation - The assigned MCCi Project Manager will perform a remote pre - installation solution development plan including configuration of security rules for the Client prior to installation and training. This consultation will include a review of current document organization and retrieval practices to determine desired indexing methods, as well as other basic system set up needs. Once this information has been gathered and provided to the MCCi project manager, the basic folder structure, document naming scheme, scheme, and template set -up will be configured prior to onsite training. Remote Installation and Configuration- Software installation and configuration may occur remotely as part of the Project Management services to ensure the onsite time purchased is focused on the direct objective. Please refer to the statement of work to determine if the onsite time will include installation and configuration. Remote Training- Project Management services may be utilized for training administrators or users remotely if not providing onsite training. Please refer to the statement of work to determine the training model quoted. LASERFICHE BASE SOFTWARE TRAINING SERVICES The client is provided with either instructor -led hands -on training or train - the - trainer training in the operation of the Laserfiche Software and Plug -ins, and the scope of all training services to be performed is notated in the Statement of Work. These services will be provided onsite or remote, please refer to the Statement of Work to determine which has been quoted. Below are some sample outlines based on user -roles and system modules: System Administration Training • Client and Server Installation Procedure • Users and Groups — Active Directory • Security • Templates • Tags • Document Relationships 61 • Records Management • Volumes • System settings • Back up Procedures • Troubleshooting Procedures • Technical Support Overview Full User Training • Introduction to Laserfiche • Folders and the Folder Browser • Scanning and Importing • OCR and Full Text Indexing • Document Display • Index Card /Templates • Document Retrieval by Index Fields or Text (Searching) • Annotations • Extracting a Document from Laserfiche • Briefcasing and Migrating Documents • Customize Laserfiche • Volumes • Security • Advanced Features — Plug -ins 71 MCC/ ADVANCED IMPLEMENTATION SERVICES *The following services listed have been included in your Statement of Work based on the recommendation of your Account Executive. Please consult with them for any questions. RECORDS MANAGEMENT MODULE TRAINING * Please note that client should have full knowledge of internal records management policies and have prior experience in records management. This training will be quoted for clients with the Records Management functionality of Laserfiche. Please refer to your Statement of Work to determine if this is included. • Record Series • Record Folders • Document Links • Versioning • Security Tags • Vital records • Cutoff criteria • Cutoff eligibility • Retention Period • Disposition Actions • Hold Period • Time Dispositions • Event Dispositions • Interim Transfers • Final Disposition • Destruction • Permanent Records • Accession • Freezing Admin Console Setup for Records Management • Cycle Definitions Setup • Locations Setup • Retention Schedules Setup • Cutoff Instructions Setup 8 LASERFICHE WORKFLOW CONFIGURATION TRAINING MCCi's Laserfiche Workflow Configuration Training service is designed to be highly collaborative. The goal is for the client to have a trained Workflow Configuration Administrator. As a prerequisite, the client's Workflow Configuration Administrator should be a business process savvy individual with good technical skills. This is the person tasked with handling future workflow configurations, including any modifications needed to the configuration focused on during training. Client Deliverables • Provide MCCi with a mapped out /narrative of specified business process • Define each resource and activity of the business process • Define the Measurement of Success in conjunction with MCCi • Appointment of Workflow Configuration Administrator • Metadata requirements • Sample reports from functional activities involved • IT resources MCCi Deliverables • Install and configure Laserfiche Workflow with current Laserfiche system • Onsite consultation with a MCCi Project Manager o Workflow Configuration Administrator Training o Offer best practices in security to support the specified workflow process o MCCi project manager to collaboratively identify the Measurement of Success (MOS) Workflow Managed Services post onsite training o Configuration assistance for a period of time immediately following onsite training • Developer Training (Applicable to Level 2 and Level 3 training packages) • Roll -out Assistance — This is an optional service, which is provided if included in the scope of services. Note that this service will be billed separately and is billed upon completion. Measurement of Success (MOS): The MOS addresses the desired outcome of a workflow configuration. MCCi focuses on how to define a MOS, and assists in defining the MOS for the initial workflow the client intends to configure after the training session. Matrix of Workflow Training Packages: Services Provided Level 1 Level 2 Level 3 Remote Installation Included Included Included Onsite Training Days 2 3 3 Workflow Configuration Assistance Post Onsite Training Remote 30 Days Remote 45 Days Remote 60 Days Developer Training None Remote 1/2 Day Remote 1 Day Developer Assistance Post Developer Training None Remote 15 Days Remote 30 Days Roll -out Assistance (Optional) 2 Days - Remote 2 Days - Onsite 2 Days - Onsite 9 LASERFICHE WORKFLOW MANAGED SERVICES MCCi 's Workflow Managed Services package is a post - implementation service, and is designed to assist the client's Workflow Configuration Administrator with ongoing consulting and configuration needs. Workflow Managed Services are billed in advance each year, in return for a discounted rate. Workflow Managed Services may be used for the following: • Additional Workflow Set Up Consultation — MCCi continues to consult and make recommendations on best practices for modifying existing / creating new workflow configurations. Additional Remote Training — MCCi offers additional training for the client's Workflow Configuration Administrator. This is ideal for refresher training, as well as for new personnel in the event of turnover. Ongoing Security Consultation — Laserfiche security plays a much larger role when business processes are being automated by Laserfiche Workflow. MCCi assists the client's Security and Workflow Configuration Administrators to offer security best practices to align with workflow configurations. Leveraging existing system(s) — MCCi will help identify more efficient ways of utilizing the Laserfiche product suite, as well as how to leverage other systems and the related data contained therein. Meta -data consultation — Various meta -data objects must be created /modified to match up with specific workflow needs. MCCi will consult and help identify meta -data needs. Expiration & Additional Services - Managed Services is an annual package and will expire on the same date as your SAP plan. The number of hours included are not to exceed the price of the package divided by MCCi's discounted hourly rate (Managed Service hours are discounted by 10 %). Pricing can be adjusted for any additional hours if needed. Remote Access Support — Managed Services are delivered remotely. Remote Access Support allows our helpdesk staff to access your machines remotely to resolve problems faster. The use of Remote Access Support saves you both time and money by reducing the delays in resolving software issues without costly on -site visits. 101 SOFTWARE DESCRIPTIONS To determine which products are included with your project, please refer to the Statement of Work LASERFICHE AVANTE Laserfiche Avante solution is a named user model and starts out with a feature rich system that is based on the number of people who will be using the system. It is designed for small to mid -size organizations and helps you capture, manage, distribute, and work with information in diverse working environments. Avante comes with Laserfiche Workflow and allows your organization to move beyond simple document routing to automate everyday tasks, optimize business processes, and share information with a wide variety of applications. Avante systems allow you to choose from multiple database platforms and incrementally expand the system with records management edition and other plug -ins such as Auditing, Web Access, Digital Signatures, and Batch Processing. The Laserfiche Avante pricing structure makes it simple and affordable to add new features and functionality to your Laserfiche system as your needs change. LASERFICHE RIO MCCi recommends the Laserfiche RIO solution for Enterprise clients that have a large volume of users, as well as the need for test environments and multiple servers /repositories. RIO and each RIO license comes coupled with Workflow, Web Access, Mobile Access, Snapshot, Email, Digital Signatures, and Advanced Audit Trail. This licensing structure makes it much easier on IT administration, especially when dealing with a large user base. In addition, RIO supports an unlimited number of application servers, as well as repositories, making it well suited for expansion and testing needs. RIO can connect either to MSSQL or Oracle for the backend database, and of course many of the same optional Laserfiche modules such as the Records Management, Batch Processing and Weblink Public Portal licenses are available with RIO. Feature lAvante iRio Database Options Retrieval Concurrent Users Full Named Users Retrieval Named Users Application Servers User License Model ISQL Express, SQL, lOracle Public Portal (Weblink Unlimited -SQL, Oracle !Public Portal (Weblink €25 - Unlimited n/a €200 - Unlimited Unlimited iComments Includes Workflow, Email and Snapshot for Avante; Includes Workflow, Email, Snapshot, Web Access and Advanced Audit Trail for Rio. Includes Email capability. Minimum of 200 must be purchased. Named -Named Repositories !Up 15 per Application =Server 111 Avante: Up to 14 additional (for a total of 15) Repositories can be added at an additional cost. RIO: Each Application Server can have up to 15 Repositories attached. RIO allows for an unlimited number of Application Servers. SOFTWARE DESCRIPTIONS Workflow 'Included )Included s ' Snapshot Included lIncluded Email ;Included Included eWaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa44 WebAccess (Thin client access for named users) Mobile Access Digital Add on option Included Signatures iAdd -on option :Requires WebAccess !Included :Included Audit Trail iAdd -on option (Options :Includes Advanced for Starter, Standard, 'Audit Trail zAdvanced) Public Portal (Weblink) Options Upgrade Path Laserfiche Versions 'Weblink Public Portal 'Weblink Public Portal 'license package options 'license package €(5,10, 25, 50, Unlimited 'options (50, Unlimited 'Single Processor, :Single Processor, 'Unlimited Dual ;Unlimited Dual 'Processor, Unlimited 'Processor, Unlimited 'Multi Processor) 'Multi Processor) 1Rio 1Lf 8.1 and later Web Admin Included 'Included Console n/a :Lf 8.0.1 and later Avante Public Portal: The 5 concurrent license only allows for one security profile to be set. Unlimited versions are licensed per Laserfiche application server, and per processor. The licensed number of processors must be equal to or greater than the number of processors (CPUs) on the correlating Laserfiche application server. Note: Additional copies of the Unlimited Public Portal are needed if there is a need to connect the Public Portal to more than 1 Application Server. LASERFICHE PLUG -INS Laserfiche Plug -Ins, Utilities, and Tools MCCi can provide additional Laserfiche Plug -ins Utilities, & Tools software. Laserfiche offers a selection of modules and development tools designed to let you tailor Laserfiche to meet your needs. Certain Plug -Ins may be bundled differently based on the Laserfiche platform. Please refer to the pricing page /statement of work to determine which modules have been proposed. Capture Modules Laserfiche ScanConnectTM: allows ISIS scanning. A collection of ISIS scanner drivers is included with Laserfiche ScanConnect. These drivers allow images to be scanned through supported scanners. ScanConnect 7.x is can be purchased as an add -on to both Laserfiche scanning and Quick Fields. Laserfiche Snapshot': Laserfiche Snapshot is included with both Avante and RIO Full Named User Licenses, and can generate images and text from an electronic file (e.g. a Word document, a web page, a text editor, etc.). The files generated by Laserfiche Snapshot capture the content of the electronic file at 12 1 SOFTWARE DESCRIPTIONS the time that it was processed. In other words, they represent an accurate portrayal of an electronic file at a given point in time. The images and text created from an electronic file are then stored in a Laserfiche repository. As you can see, Laserfiche Snapshot can be used as a tool to archive a particular version of an electronic file. Laserfiche Snapshot can process any electronic file that can be opened with a Windows application that has printing capabilities. This feature is automatically included with every Full User purchase. Laserfiche Import Agent: Laserfiche Import Agent is a capture tool that can bring files into a Laserfiche repository from the Windows file system. Any file that can be stored in Laserfiche can also be imported via Import Agent. What's more, Import Agent allows for scheduled and selective imports, so that users can set up specific criteria for what gets imported when. OCR Scheduler for Laserfiche: MCCi developed this tool. It provides a simple and effective way to mass OCR documents in Laserfiche. It allows administrators to configure multiple OCR sessions. Sessions are created based on selecting folders within a specific Laserfiche Repository and scheduling the time to begin the OCR process. Benefits: o Efficiency: Clients can schedule the tool to perform the OCR function, rather than tie up machines during the normal working rhythm. o Support /Search Content: Leaving the responsibility in users hands to conduct OCR can lead to incomplete processing. The tool provides assurance that everything in need of OCR is being addressed without end user interaction. "QuickFields" (QF) Batch Processing Tools: Quickfields is a suite of Batch Processing utilities created by Laserfiche. Avante and RIO bundle each of these features differently, which is reflected in the Statement of Work /Pricing section: Laserfiche® Quick Fields' automatically captures useful information from paper and electronic documents and organizes it for fast retrieval. Quick Fields transforms data capture from a costly and labor- intensive operation into an efficient process by collecting precise pieces of information from the masses of unstructured data flowing into your organization. Quick Fields improves the speed and accuracy of data capture while giving authorized staff instant access to the information they need to work effectively. QF Bar Code Validation Package - The Bar Code add -on reads bar codes on a specified page in the document. The value returned by the bar code process can be used to identify a page, populate a field, determine the document name, or determine where the document will be stored. Bar Code is very powerful when combined with Real Time Lookup. Supported barcode formats: Codabar, CODE 39, CODE 128, EAN 8, EAN 13, Interleaved 2 of 5, UPCA, and UPCE. QF Real -time Look up Validation Package: Lookup populates template fields and validates metadata by retrieving data stored in third -party databases and other applications. QF Zone OCR Validation Package: Images that contain clearly printed or typed information can be converted to text files through a process called OCR (Optical Character Recognition). Once text has been extracted from an image, it can be sent along with the image to the repository. Once the document has been imported into the repository, the extracted text will be associated with the corresponding image in the document. The International Zone OCR add -on will scan a zone on an image for text. Only text found within the zone will be extracted. The data returned by this process can be used to identify a page, populate a field, determine the document name, or determine where the document will be stored. The International Zone OCR add -on can be installed when Quick Fields is first installed or after it has already been installed. 131 SOFTWARE DESCRIPTIONS QF Forms Alignment: automatically repositions scanned documents to match a master form, correcting for scanning errors and improving data extraction. QF Document Classification: designed for clients who deal with multiple forms, and will recognize and process multiple document types. QF Auto Stamp /Redaction /Bates Numbering - The Bates stamp option is a document auto - numbering annotation option QF Optical Mark Recognition: detects handwritten information, including marks on surveys, tests and ballots. QF Agent: enables administrators to schedule forms processing around the clock and run Quick Fields sessions without operator intervention, reducing labor costs and optimizing business processes. QF Forms Identification: automatically recognizes the form or document based on its overall structure, even in the absence of bar codes, form data or other distinguishing information. QF Forms Extractor: removes form outlines to isolate data for more accurate capture. QF Scripting Kit: Offers a script editor, which allows developers to write C# and VB.Net Scripts, and insert the scripts into a Quickfields Session. Distribution Modules • Laserfiche Public Portal - WebLinkTM: The WebLink module publishes select documents in a Laserfiche repository to an intranet or the Internet in read -only form. Documents can be made available through the Web almost instantly, and users need only an Internet browser in order to access them. Built on ASP .NET, WebLink can be customized to match the look and feel of an organization's Internet or intranet site. Laserfiche WebAccess: Laserfiche Web Access is a Web browser -based thin client offering virtually all of the document management capabilities of the standard Laserfiche interface. Web Access allows your IT staff to roll out high - volume Laserfiche access without increasing your organization's application support burden. Authorized users organization -wide enjoy simultaneous access to documents, whether they are using the corporate intranet or logging in from a branch office. o Laserfiche Mobile Access Options: Laserfiche Web Access is required for any /all mobile access options. Web Access Light & Laserfiche Mobile are both options for providing mobile access to your Laserfiche solution: • Web Access Light: Designed for Blackberry, Chrome, Opera and Safari mobile browsers, offers a lightweight Web interface for popular mobile devices, enabling users to search and retrieve documents, as well as approve documents and participate in workflow automation processes, while away from their desktop computers. • The Laserfiche Mobile iPhone app takes advantage of the iPhone's touch screen, gesture recognition and high resolution interface to provide users with an immersive experience. Features include: • Create and upload new content with the iPhone camera. • Automatically crop, straighten and enhance captured information, with full text recognition. • Copy, move, rename, download, e-mail, print or delete content. 141 SOFTWARE DESCRIPTIONS • Browse for documents in a folder structure or search the entire repository • Participate in workflow automation processes by accessing metadata fields. The Laserfiche Mobile iPad app gives employees the ability to securely view and update content from wherever they are. Features include: • Provides secure access to documents and metadata • Enables users to create and upload new documents • Participate in Workflows on the go Laserfiche Plus' Laserfiche Plus allows the information stored in a Laserfiche repository to be portable. Laserfiche documents published by Laserfiche Plus can be viewed by anybody, regardless of whether they have Laserfiche installed. If these portable Laserfiche documents are sent to a company or site that already has Laserfiche installed, then that organization can also choose to attach those documents to their repository. This software prepares a copy of the Laserfiche files (images, text, electronic files, annotations, templates and field data) for burning directly to your removable media or to a temporary directory. Choosing to publish to a temporary directory allows you to write it to your removable media at your convenience. Laserfiche E -Mail Plug-inTM allows instant electronic document distribution via standard MAPI- compliant e-mail applications. This feature is automatically included in every Full User and Retrieval User license purchase. Workflow Process Automation, Collaboration, and Tracking Laserfiche Workflow: Efficiency and accountability- enhancing document routing, e-mail notification and audit trail reporting. Laserfiche Digital Signatures: Laserfiche allows users to sign briefcases when exporting as well as documents stored in Laserfiche. These are two separate applications of digital signatures. Signing a briefcase file embeds the signature in the file along with the certificate associated with the signing key. The full certificate chain is embedded. This allows users to prove who created the briefcase and that the briefcase was not tampered with. Digitally signed briefcases may, but do not necessarily contain digitally signed documents. Digital signatures can be applied to documents stored in Laserfiche. The digital signatures are stored as metadata and are preserved when exporting a document in a volume or briefcase (whether or not the briefcase was itself signed). Users can digitally sign a document in the Laserfiche Client or Web Access to indicate their approval. Documents can also be countersigned by another user, which indicates approval of the document and the existing signature. Multiple signatures and countersignatures can be applied to a single document. Digital signatures are validated with signing certificates on the server and the repository, which verifies that a signature on a document is trustworthy. A signature becomes invalid if the certificate is expired or if a document has been modified since the signature was applied. Signature certificates are managed through the Laserfiche Administration Console or Web Administration Console. As a pre- requisite, the organization must have Digital Certificates set -up on the network, prior to implementing Laserfiche Digital Signatures. Laserfiche Audit Trail Modules: Three levels of audit reporting to address your specific regulatory compliance and security needs. 151 SOFTWARE DESCRIPTIONS The Starter Edition tracks basic events that occur in the repository and that involve accessing, modifying or exporting data. Basic events include creating, editing, printing or deleting documents, creating annotations, and assigning metadata. The Standard Edition builds on the Starter Edition by tracking additional security- and access - related events. This edition can also track unsuccessful attempts to perform an action, such as failed attempts to access or print documents. The Advanced Edition meets the needs of organizations in the most highly regulated environments. It includes all the functionality of the other two editions, and also tracks many more events including password changes, the creation or modification of users and groups, and changes to repository -wide settings. It can also track all the searches users perform, require users to enter reasons for performing certain actions, and automatically add watermarks to printed documents. Laserfiche Integration Plug -Ins LF Integrator's Toolkit: Provides the tools & documentation necessary for customizing Laserfiche, and integrating Laserfiche with other applications. Third Party Integration Plug -Ins: • Datallow Affinity Integration- Datallow Affinity brings the power of Laserfiche document management to the applications you use most. Document searches can be reduced to a single click of a button. New documents can be added to your Laserfiche repository without manually entering template field values, file names, or folder locations. Affinity truly makes Laserfiche feel like part of your business software LF Integrator GP — LF Integrator empowers Great Plains users to scan, search and link supporting documents in Laserfiche document management applications directly from the Great Plains menu bar. Link the document and workflow management power of Laserfiche with your current Great Plains implementation. LF Integrator AutoCAD — LF Integrator for AutoCAD allows you to store AutoCAD drawing files or associated documents in Laserfiche, including embedded cross reference files, directly from the AutoCAD menu. Launch Laserfiche scan or search modules using the drawing file for template or search criteria, or create a Laserfiche document template using the fields from any AutoCAD drawing title block with a single click. GeoDocs: GeoDocsTM is a web -based software that seamlessly integrates ESRI ArcIMS (soon to be ArcGIS Server) and Laserfiche. Utilizing robust search capabilities, users of GeoDocs can access digital documents stored in a Laserfiche repository from within the web -based GIS program and vice versa, access spatial information stored in a GIS from within the Laserfiche web client. ImageSign for Laserfiche- ImageSign for Laserfiche allows you to digitally sign documents inside of Laserfiche securely. There are also options for utilizing external signature pads to allow customers & external users to electronically sign documents. *Created & support by MCCi only. LT Systems Laserfiche Integration- LT Systems Laserfiche Integration allows users of the LT Systems Court solutions to archive court related documents into Laserfiche. Users can launch Laserfiche scan or searching windows from LT Systems and bring data and documents directly into Laserfiche while capturing metadata in LT Systems. *Created & support by MCCi only. 161 SOFTWARE DESCRIPTIONS Electronic Forms LincDocs (Electronic Forms)- LincWare's LincDoc family of eForm creation and document automation tools empowers businesses and government organizations to better serve their customers and constituents, reduce costs and better leverage bottom line critical information. LincDoc data complies with existing systems through features like network -wide interconnectivity, document repositories, version control, business -logic driven data entry, Laserfiche interface, database integration and Word- and PDF -based document authoring. 171 TECHNICAL SUPPORT When you become a client of MCCi, you gain much more than just a new product. You gain a relationship between our staff and your organization to make your product implementation successful and the usage of your product an enjoyable experience. In order to make this possible, MCCi offers both Proactive and Technical Support. PROACTIVE SUPPORT MCCi assigns each account with a Regional Account Executive and an internal Account Manager Team. You will have already worked with your Account Executive in the pre - project phase and they will continue to support you. Your Account Executive will provide a local presence and contact information should local meetings be necessary. The Account Executive also assists in pre implementation processes. Your Account Manager will assist in managing ongoing support through the life of the product. MCCi believes in a proactive support methodology and it is the Account Managers' role to insure this ongoing communication with clients. Your Account Manager will be in touch throughout the year to discuss optimal system usage and ensure client satisfaction. Items discussed may include, but are not limited to: • Identify any needs that could easily be addressed with the current system. • Provide resource for question and answer, best practices, how other customers are using the system with use of documented case studies, Listservs, support center, etc. • Provide continued education for existing and new users within the organization through the use of webinars, seminars, workshops, users group, and more. • Annual review of current system configuration • Dedicated sales support staff for pricing inquiries and budgetary information • Annual support renewal notification to ensure your renewal process is timely and accurate Educational Resource Definitions • Case Studies- MCCi works with our clients to put together narrative accounts of specific usages of MCCi solutions in their organization. Specific departments, document types, integrations, etc. are noted to allow other users to learn from the information. • MCCi Listserv- MCCi has created a Listsery for specific types of system customers. A Listsery is a creative use of e-mail, which provides a means for End Users to share information on a common interest. Members are able to communicate with peers thru a single e-mail. Uses of the Listsery may include fielding requests about system usage, as well as best practices. • Support Center- This resource is a compilation of white papers, best practices, and information for system users all in one location. Through the support center, users can also submit and check the status of their support tickets. • Webinars- MCCi conducts monthly webinars on different topics promoting more efficient system usage. User webinars are also offered on more specific topics related to products, concepts, departments, etc. regarding the usage of your system. These are done through the web and are a convenient way of staying informed on the newest technologies available. • Seminars- MCCi conducts seminars on different topics to help educate new and existing end users throughout the year. They are usually located at a host site of an existing customer. These can also be offered at current client's locations to invite departments to learn more regarding their current system. • User Groups- MCCi offers annual user groups to keep end users trained on the newest versions and products. These are geared to both users and administrators of the system. 18 I TECHNICAL SUPPORT TECHNICAL SUPPORT The Laserfiche Software Assurance Plan (LSAP) helps preserve your investment and extend the benefits of your original purchase by providing you access to the assistance needed to ensure that you maximize system uptime. You have access to a toll free line to call for technical support or submit tickets online through our support center. When you subscribe to the LSAP you receive the following benefits: • 100% upgrade credit for your existing software (in the event of an upgrade) • Free software updates for your current system • 24 -hour FTP and website access which includes the MCCi Online Support Center • Technical bulletins and newsletters TRAINING CENTER MCCi's Training Center provides an easy, cost - effective way to provide Laserfiche training to all users in your organization. An annual subscription allows access to our online course offering of over 200 training videos. The Training Center is home to video categories such as Laserfiche Administration, Laserfiche Client, Workflow, and Tips & Tricks. All videos use instructor descriptions from Laserfiche Certified Professionals. The Training Center provides the following benefits: • 24/7 access to on- demand Laserfiche training videos and other resources • Reduction in training expenses • Caters to all skill levels from Basic Users to Advanced System Administrators • Unlimited access for your entire organization • User determined schedule and pacing • Reduction in internal support • Increased efficiency through improved internal usage /adoption • Instant /budgeted training available in the case of employee turnover • Enhance your organization's internal Laserfiche training program • Increased user productivity MANAGED SERVICES MCCi Managed Services are strongly encouraged to be included with every support renewal and provide the client with a discounted hourly rate by purchasing an advanced block of services per year based on the products purchased. Managed Services can be used for the following professional services: • Additional Training — additional training, via web conferencing, can be conducted to train new users on the use of the system or as refresher training for existing users. Additional System Set Up Consultation — MCCi offers additional consultation that includes recommendations on best practices for adding additional departments, additional types of document etc. to your current system. Remote implementation of software updates — While the standard SAP plan covers free updates for software, implementation of those updates is sometimes overlooked. With the addition of our Managed Services, MCCi is at your service to directly assist in implementing software updates such as minor updates, quick fixes or point releases. Major software upgrades may or may not be covered and should be discussed with your Account Management Team. Annual System Review & Analysis — Upon request, MCCi will access your system to review and analyze how your organization is using the system, identify discovered potential problem areas and make recommendations for better use of the system. This analysis is designed to be implemented 6 months after the initial Software installation, and should be 19 I TECHNICAL SUPPORT performed annually after that date. This is an optional service that will be completed only if requested by the Client. Remote Access Support — Remote Access Support allows our helpdesk staff to access your machines remotely to resolve problems faster. The use of Remote Access Support saves you both time and money by reducing the delays in resolving software issues without costly on- site visits. Expiration & Additional Services —MCCi Managed Services is an annual package and will expire on the same date as your SAP plan. MCCi does provide continued technical support for all MCCi applications. Technical support is provided via email or telephone during normal business hours of 8:00 AM to 6:00 PM EST. Clients can designate several individuals who are to be the technical support contacts. Those individuals may contact MCCi at any time for technical support. There is no limit on the number of technical support calls that can be made. Adjustments in annual support rates may be made to coincide with current U.S. inflation rates. 20 1 HARDWARE SPECIFICATIONS MCCi will provide necessary consultation upon request, as to the compatibility of current hardware with the Laserfiche System. Changes and recommendations will be made at the time of consultation. See system requirements below. Please keep in mind that these are the minimum system requirements, and should be considered independently rather than collectively. Additionally, overhead for virtualization has not been factored in to these requirements. Scanning Station PC: OS: Windows 7, Windows Vista, Windows XP Professional (Service Pack 2 or later) CPU: 2.8 GHz processor or faster Memory: 2 GB RAM or more Communications: TCP /IP Web browser: Internet Explorer 6.0 or higher Client: OS: Windows 7, Windows Vista, Windows XP Professional (Service Pack 2 or later) CPU: 1 GHz Processor or better, Performing OCR: Dual Core 2.8 GHz or faster processor Memory: 1 GB RAM or more, Performing OCR: 2 GB RAM Communications: TCP /IP Web browser: Internet Explorer 6.0 or higher Batch Processing Quick Fields Machine: OS: Windows 7, Windows Vista, Windows XP Professional (Service Pack 2 or later) CPU: 2.8 GHz Processor or better, Performing OCR: Dual Core 2.8 GHz or faster processor Memory: 4 GB RAM or more Communications: TCP /IP High volume recommendation: Windows 7 x64 with 8 GB RAM, Intel Core 2 Duo Processors 3.33GHz Laserfiche Application Server: OS: Windows 2008 R2, Windows Server 2003 (Service Pack 1 or later) CPU: Quad -Core Processor, 2.5 GHz Processor or better Memory: 2 -4 GB RAM Communications: TCP /IP Image /File Server Storage: Typical usage factoring is 18,000 black /white standard size images per GB. Clients typically use a Network Attached Storage (NAS), Storage Area Network (SAN), or a Local Storage Device. Note: Images and Electronic files are stored separately from the database. Database Management System: Avante SQL or Rio SQL: SQL Server 2008 R2 Standard, Microsoft SQL Server 2005 (Service Pack 3 or later), Oracle 9i Release 2 (9.2.0.8 +), Oracle 10g (10.2.0.4 +), Oracle 11g (11.1.0.6 +). For MSSQL, MCCi recommends storing the MDF and LDF on different drives. Growth of MDF to 10% — 15% and Log to 5% to 10% of cumulative Laserfiche Volume size is anticipated. Avante SQL Express: Microsoft SQL Server 2008 Express Edition Note: Oracle or Microsoft SQL Server must be purchased separately. You must additionally purchase enough licensing for your DBMS to support your Laserfiche installation. Laserfiche Workflow Server: OS: Windows 2008 R2, Windows Server 2003 (Service Pack 1 or later) CPU: 4 Core Processor, 2 GHz Processor or better Memory: 4 GB RAM Communications: TCP /IP Laserfiche Audit Trail Server: OS: Windows 2008 R2, Windows Server 2003 (Service Pack 1 or later), IIS 6 or 7 CPU: Dual Core Processor, 2 GHz Processor or better Memory: 2 GB RAM Communications: TCP /IP Local Storage; C:\ Drive with 40GB or greater available Web Module Server(s): 21 1 HARDWARE SPECIFICATIONS Required if: Installing "Web Access" or "Public Portal — Weblink ": OS: Windows Server 2008 R2 with IIS 7, Windows Server 2003 with IIS 6 CPU: 2.8 GHz or faster processor Memory: 1 GB RAM or more Viewer: Web Browser (minimum versions): Laserfiche Web products operate most efficiently when using Internet Explorer 9. Other supported browsers are Firefox, Safari and Chrome Note: Clients are responsible for any additional security protocol setup /associated fees, that are required to provide internal /external web access. An example would be setting up "Kerberos" for thin client active directory authentication, or setting up VPN access to allow Laserfiche's iPad /iPhone applications to connect through the Web Access server. Laserfiche Public Portal — Weblink Per Processor (Unlimited) licensing specifics: The Public Portal License allows unlimited connections per processor, however a large number of connections may affect the Laserfiche application server performance (one processor can handle roughly 100 to 150 concurrent retrieval connections). The client must have one Public Portal License for each Laserfiche application server they desire to connect to, and the Public Portal license must be licensed by the appropriate number of processors, which is required to match or exceed the CPUs /processors on the Laserfiche application server that the Public Portal will connect to. For example, the client must have a dual - processor or multiprocessor Public Portal license in order to connect to a Laserfiche Application Server that has two or more processors. Public Portal View Only Licenses may only be used with WebLink; they are not available for other applications. OCR Scheduler for Laserfiche OS: Windows Operation Systems: 32 & 64 bit Requirements: Laserfiche Version 8 Server (runs as a service), Laserfiche Version 8 Client. Recommendation: 1 dedicated LF Named User license Note: Does not support OCR for Electronic Documents Scanners: Must use ISIS drivers to be compatible with Laserfiche ScanConnect software. Scanner compatibility should be confirmed by referencing the most up to date Laserfiche published supported scanner list at: http://laserfiche.com/static/Resources/scanlist.html. 22 1 fJ \\ \) telephone 866- 942 -0464. Support i SOFTWARE INSTALLATION MCCi will install all software outlined herein. If additional software is needed to bring the site up to specifications, customer will be billed accordingly. SITE PREPARATION The Client site should be ready for installation according to specifications outlined within the Hardware section listed below. If site is not prepared and results in cancellation, delays, or rescheduling of an installation after MCCi has made travel arrangements, the client may incur expenses due to circumstances such as non - refundable airline tickets, training /install charges, hotel reservations, rental cars, etc. AGENDA MEMORANDUM Future Item for the City Council Meeting of 12/11/2012 Action Item for the City Council Meeting of 12/18/2012 DATE: TO: Ronald L. Olson, City Manager 11/19/12 FROM: Pete Maya, P.E., Director, Planning & Environmental Services PeteAn@cctexas.com (361) 826 -3781 Certification agreement between the Texas Historical Commission (THC) and the City of Corpus Christi for continued participation in the Certified Local Government (CLG) Program. CAPTION: Motion approving execution by the Mayor of a Certification Agreement with the Texas Historical Commission for City participation in the Certified Local Government Program regarding local historic preservation. PURPOSE: The Certification Local Government (CLG) Program is a partnership between your local government, the Texas Historical Commission and the National Park Service designed to foster historic preservation in your community. Participation helps ensure the success of historic preservation efforts in communities across Texas. In addition, CLGs have access to dedicated grant funds for historic preservation projects in the community. In 2011, the Texas CLG Program adopted revised state rules for the program. The new rules eliminated redundant language and incorporated recent changes instituted by the National Park Service. The National Park Service requires new Certification Agreements for all CLGs upon adoption of new rules. The Mayor's signature in the affirmative is required as the chief elected official to satisfy this requirement. BACKGROUND AND FINDINGS: The City of Corpus Christi was the first to receive the Certification Local Government (CLG) Program distinction many years ago. To date as a CLG Program, the City has been awarded grants for various historically related projects. Some include construction of a website and the existing historic sites survey. Continued participation with the CLG Program will open the potential to fund future projects and keep our preservation efforts moving forward. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Participation with the Certified Local Government Program (GLG) is in conformity with the City's mission through the support of the Landmark Commission. Participation opens the door to financial grant opportunities and paves the way for projects including the updating of the City's Historic Preservation Plan. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: The Landmark Commission was briefed of the requirement to update the CLG agreement. The brief was included in the discussion relating to the visit by Matt Synatschk, who is the State Coordinator of the Texas Certified Local Government Program for the Texas Historical Commission (THC). FINANCIAL IMPACT: Not Applicable ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: The Mayor's Signature in the affirmative to confirm participation as required by the National Parks Service. LIST OF SUPPORTING DOCUMENTS: • Cover Letter • Certification Agreement TEXAS HISTORICAL COMMISSION real places telling real stories October 10, 2012 The Honorable Joe Adame City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 Dear Mayor Adame, Thank you for your continued participation the Texas Certified Local Government Program. The CLG Program is a partnership between your local government, the Texas Historical Commission and the National Park Service designed to foster historic preservation in your community. Your participation helps ensure the success of historic preservation efforts in communities across Texas. In addition, CLGs have access to dedicated grant funds for historic preservation projects in the community. In 2011, the Texas CLG Program adopted revised state rules for the program. The new rules eliminated redundant language and incorporated recent changes instituted by the National Park Service. The National Park Service requires new Certification Agreements for all CLGs upon adoption of new rules. To satisfy this requirement, two copies of the new Certification Agreement, along with a copy of the revised state rules, are included for your signature. Please sign both copies and return them to our office no later than 45 days from the date of this letter. Following receipt of the signed copies, an original copy signed by THC Executive Director Mark Wolfe will be returned to you, along with a copy of the newly revised Texas Handbook for Certified Local Governments. Please feel free to contact me with any questions. Thank you for all of your efforts to support historic preservation in Texas. Matt Synatschk State Coordinator Texas Certified Local Government Program RICK PERRY, GOVERNOR • MATTHEW F. KREISLE, III, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUS.[IN. TEXAS • 78711 -2276 • P 512.463.6100 • F 512.475.4872 • .f DO 1.800.735.2989 • www.fhc.s late .1x us TEXAS HISTORICAL COMMISSION real places telling real stories CERTIFICATION AGREEMENT BETWEEN THE TEXAS HISTORICAL COMMISSION AND THE CITY OF CORPUS CHRISTI FOR PARTICIPATION IN THE CERTIFIED LOCAL GOVERNMENT PROGRAM The City of Corpus Christi, in consideration of having been granted Certified Local Government status, agrees to carry out the following responsibilities as a Certified Local Government, in cooperation with the National Park Service and the Texas Historical Commission. It will: 1. enforce the local historic preservation ordinance for the designation and protection of local historic properties; 2. establish and maintain by the local preservation ordinance a qualified review commission, board or committee for historic preservation having specific powers, such as review responsibility pertaining to proposed National Register nominations as well as actions that will affect local historic properties; 3. designate a city official, staff person or other appropriate resident of the municipal entity to serve as a local Historic Preservation Officer for the purpose of administering the local preservation ordinance; 4. provide appropriate training for historic preservation officer, related city staff and members of the historic preservation commission; 5. maintain a system for the survey and inventory of local historic properties that is coordinated with the statewide cultural- resource - survey - process, with technical assistance provided by the National Register Program office of the Texas Historical Commission's History Programs Division; 6. ensure, to the maximum extent possible, public participation in the local historic preservation program, including the process of nominating properties to the National Register of Historic Places; 7. adopt the Secretary of the Interior's Standards for Rehabilitation as the standards by which the local review commission will review all work applications brought before it under the terms of the local historic preservation ordinance; 8. review and comment upon nominations to the National Register of Historic Places for properties within its jurisdiction within 60 days of receiving the nominations from the National Register Program office of the Texas Historical Commission, and submit the city commission's reports and the recommendations of the chief elected official of the city to the National Register Program office as to whether or not the nominated properties meet the criteria of the National Register; 9. assist the National Register Program office of the Texas Historical Commission, if necessary, in verifying the names and addresses of property owners within local historic districts being nominated to the National Register, and assist with arrangements for local public information meetings at mutually agreeable times and locations when such districts are nominated; 10. submit to the State Historic Preservation Officer by the end of each calendar year an annual report that describes the actions of the local review commission, board or committee and other preservation - related activities of the previous fiscal year (October 1st through September 30th); 11. monitor and report to the Texas Historical Commission any actions affecting any county courthouse, Recorded Texas Historic Landmark, State Archeological Landmark, National Register property, and any locally designated landmark; 12. coordinate local historic preservation efforts, to the extent practicable, with the Texas Historical Commission, which shall provide technical assistance, guidance, and information to the Certified Local Government as feasible upon request; 13. carry out the general program procedures as outlined in the Texas Administrative Code, Title 13 Cultural Resources, Part 2 Texas Historical Commission, Chapter 15 Administration of Federal Programs, Rule 15.6 Rules and Procedures for Certified Local Governments; and 14. assist the Texas Historical Commission in any duties and powers assigned to the State Historic Preservation Office by the National Historic Preservation Act of 1966 as amended, and other federal enabling legislation. Signature: Mayor (or chief elected official) Date City of Corpus Christi Printed Name Mark Wolfe, State Historic Preservation Officer Date RICK PERRY, GOVERNOR • MATTHEW F. KREISLE, 111, CHAIRMAN • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 • AUSTIN, TEXAS • 78711-2276 • P 512.463.6100 • F 512.475.4872 • TDD 1.800.735.2989 • www.thc.state.tx.us AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 Action Item for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager November 19, 2012 FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 TxDOT application for hike & bike trail along Schanen storm water ditch CAPTION: Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. PURPOSE: To request program funding from Texas Department of Transportation (TxDOT) for hike and bike trail along the Schanen storm water ditch between Saratoga Blvd. and Yorktown Blvd. BACKGROUND AND FINDINGS: The Bond 2008 program funds $500,000 for hike and bike trails. If awarded, the additional requested amount of $829,358 through TxDOT's Transportation Enhancement Program, will allow completion of Phase I and II of the proposed trail along the Schanen storm water ditch between Yorktown and Saratoga. ALTERNATIVES: Without additional funding through TxDOT, Bond 2008 funding will only fund Phase I of proposed trail along Schanen storm water ditch. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The Schanen Storm Water Ditch Hike and Bike Trail is a development priority identified in the MPO Bicycle and Pedestrian Plan, the Corpus Christi Community Sustainability Plan and the Corpus Christi Parks and Recreation Master Plan. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Engineering, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE 0.00 Fund(s): Comments: Appropriation of additional funding will occur should this TxDOT application be approved. RECOMMENDATION: Staff recommends approval of this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution A Resolution to certify local funding and support of the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project to the statewide Transportation Enhancement Program for funding competition in the Texas Department of Transportation 2012 program call for projects. Whereas, the Texas Department of Transportation issued a call for nominations in September, 2012 for communities to apply for federal highway funding assistance made available through the Transportation Enhancement Program; and Whereas, the Schanen Hike and Bike Trail from Yorktown Blvd to Saratoga Blvd project, as depicted on the attached Exhibit A, will provide improved access and safety for bicyclist and pedestrians to join neighborhoods, schools, and several nearby parks for an approximate total distance of 1.5 miles in the City of Corpus Christi; will connect to an existing trail along Yorktown Boulevard and continue at Weber Road; and the City proposes to submit a nomination requesting federal funding for assistance in the amount of $829,358; and Whereas, the program requires a minimum 20% local funding match and the City has allocated and will provide an increase above the minimum match requirement in the amount of $500,000; thereby pledging 20% local matching funds, plus 100% of costs not covered in this nomination for the total project estimate of $1,329,358: Now, therefore be it resolved by the City Council of Corpus Christi, Texas: Section 1. The City of Corpus Christi supports funding this project as shown in the nomination budget, and commits to the project's development, implementation, construction, maintenance, management, and financing. The City is willing and able to enter into an agreement with TxDOT by resolution or ordinance; Section 2. That the City adopts this Resolution to approve the submission of the project nomination; and the support and funding of the project should it receive federal funds. Section 3. That the City Manager is hereby authorized to act on behalf of the City in all matters relating to this funding nomination and execute all necessary applications, assurances, certifications, and other documents, relative to the submission, later acceptance, and administration of such funds. Section 4. That it is hereby officially found and determined that this meeting at which this resolution is passed is open to the public as required by law, and that public notice of the time, place and purpose of said meeting was given as required. The regular meeting of the Corpus Christi City Council was called to order at noon on , 2012 in Corpus Christi, Texas by Mayor Nelda Martinez. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Nelda Martinez City Secretary Mayor \Mproject \councilexhibits \3381 grant.dwg EXHIBIT A Legend PARKS SCHOOLS • y'A.'LL'LR C LENT Congress„ Park k l 1 { =( CI III Schanen Hike and Bike Trail Breckenridge Park Cedar Ridge Park RI l.)1',:."1 Acushnet Park Wales Park 01? .LQ CATION MAP NOT TO :ii.ALE Snead • Park Nq� OR • Schanen Hike and Bike Trail EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution No. was presented and passed on this day of , 2012, by a vote of ayes and nays at a regular meeting of the City Council of the City of Corpus Christi. Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM Public Hearing and First Reading for the City Council meeting of 12 -11 -2012 Second Reading for the City Council meeting of 12 -18 -2012 DATE: November 26, 2012 TO: Ron L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services 826 -3781 petea n(c� cctexas. com Proposed Commercial Compatible and Industrial Compatible Districts CAPTION: Ordinance amending the Unified Development Code ( "UDC ") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard —New Development;" amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. PURPOSE: Two new zoning districts are proposed for use under airport flight zones, or next to refineries or any other area that could pose potential hazards to adjacent uses. The Commercial Compatible and Industrial Compatible Districts do not permit any residential uses or uses that are likely to congregate large groups of people. BACKGROUND AND FINDINGS: The City's Joint Land Use Study, while not complete, has identified several critical land use and zoning issues that should be addressed as soon as possible. Navy use guidelines for land under flight zones recommend a limitation on residential uses or uses that would congregate large groups of people. Currently, the City does not have a commercial or industrial zoning district that restricts uses that could allow congregation of large groups of people. While the need for the districts originated with the Joint Land Use Study, the districts will be useful wherever there is a threat to public health and safety. (Airport flight zones, near refineries, near major water treatments facilities, manufacturing facilities, etc.) These two districts do not allow uses that are likely to congregate large groups of people including educational facilities, churches, bars, clubs, restaurants, or uses that are likely to have more than 50 people per acre. Highlights from the two districts are: • The intensity of Commercial and Industrial uses are controlled by a FAR (Floor Area Ratio) similar to the Navy AICUZ Guidelines. The FAR is the ratio of building area to lot area. In general, the allowed intensity is a FAR of 0.11 or about 1/3 of the normal floor area for a developed commercial or industrial property (FAR 0.33). • Exceptions to the FAR of 0.11 include warehousing uses, which are encouraged with a 1.0 FAR. • Height of structures is limited to two stories. • It should be noted that many of the uses in the two districts are not shown as permitted in the Navy Guidelines. Therefore, the use list should be considered a compromised between what the Navy would like and what is normally permitted in a commercial or industrial district. • The variety of uses in the two districts is not unprecedented, as staff used the City of San Antonio use list in their Airport Overlay District as a model for developing the list of uses in the Commercial and Industrial Compatible Districts. ALTERNATIVES: Adoption of the Navy Use Guidelines was considered as some areas around the country have adopted the Navy Use Guidelines (See Attached Navy Guidelines). However, where the Navy Use Guidelines have been adopted verbatim, the areas are rural areas and not urban areas such as in Corpus Christi. OTHER CONSIDERATIONS: Joint Land Use Technical Advisory Group recommended approval on August 31, 2012. Staff and Planning Commission recommended approval of the Compatible District amendments on September 26, 2012. The proposed amendments to the Unified Development Code included billboards as a permitted use in the Industrial Compatible District. After the Planning Commission had taken action the City's Joint Land Use Study Consultants (Matrix Design Group) and the Navy suggested that billboard signs be deleted from the Industrial Compatible District (Section 7.5.23). Matrix Design Group, indicated billboards are likely to pose a lighting and or height hazard in flight zones. The Matrix Design Group comment on billboards has been attached. Staff is recommending that the City Council adopt an ordinance (see attached) that does not include billboards as a permitted use in the Industrial Compatible District consistent with the Matrix Design Group (City Consultants) and Navy suggestions. The proposed Compatible Districts are the first of several actions concerning changes to City ordinances and codes related to airport protection and implementation of Joint Land Use Study recommendations. CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH THE OPERATION OF THE AIRPORTS. Airports are characterized by high levels of noise and the potential for accidents under the major flight patterns. Properties in the immediate vicinity of the airports should be required to develop in a manner that is sensitive to expected levels of noise and which will not subject residents to unreasonable risk due to possible accidents. Adopted Flour Bluff Area Development Plan - Goals Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. EMERGENCY / NON - EMERGENCY: Non - emergency, with two readings. DEPARTMENTAL CLEARANCES: The Development Services Department and the Planning and Environmental Services Departments recommend adoption of the attached ordinance which does not include billboards. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ CIP X Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Air Installation Compatible Use Zone Map Air Installation Compatible Use Zone Guidelines (AICUZ) Matrix Design Group Comment Excerpt from Planning Commission Minutes PowerPoint Presentation Staff Recommended Ordinance (without Billboards) Ordinance amending the Unified Development Code ( "UDC ") by establishing new section 4.8 "Compatible Districts" in Article 4 "Base Zoning Districts" and revising related provisions of the UDC to include the "Table of Contents" and subsections 1.11.2 "Abbreviations," 1.11.3 "Defined Terms," 7.4.3 "Allowed Outside Display, Sales and Storage," 7.5.3.A "Single Tenant Freestanding Sign," 7.5.3.0 "Multi- Tenant (3 or more Tenants) Freestanding Sign," and 7.9.5 "Zoning District Buffer Yard —New Development;" amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, severance, penalties, publication, and an effective date. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding an amendment to the UDC for creation of two new zoning districts, the Commercial Compatible District and the Industrial Compatible District: WHEREAS, the City Council has determined that certain uses which may congregate large groups of people, such as schools, churches, and commercial and industrial uses, may not be appropriate under airport flight zones or near hazardous public or private industrial facilities; WHEREAS, the City Council has determined that this amendment to the UDC to establish two new commercial and industrial compatible use districts is necessary to protect the public health, safety, and general welfare of the City of Corpus Christi and its citizens; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 26, 2012, during a meeting of the Planning Commission, and on Tuesday, December 11, 2012, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") is amended by establishing new section 4.8 "Compatible Districts," including its subparts and Tables 4.8.2 and 4.8.3, under Article 4 "Base Zoning Districts" to read as follows: "§ 4.8 Compatible Districts "4.8.1 Purpose Statements "A. Commercial Compatible District 0014_2_ Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 1 of 12 "The Commercial Compatible ( "CC ") District provides for a wide range of business uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. District uses are not characterized by uses that congregate large groups of people, unscreened outdoor storage, or uses that create nuisance factors of dust, odor and noise associated with certain business and manufacturing uses. "B. Industrial Compatible District "The Industrial Compatible ( "IC) District provides for a wide range of industrial uses in appropriate locations, which can provide a buffer between residential uses and intensive public facilities, private businesses and manufacturing uses which could present a threat to public health, safety and welfare. District uses are not characterized by uses that congregate large groups of people, unscreened outdoor storage, or uses that create nuisance factors of dust, odor and noise associated with certain business and manufacturing uses. "4.8.2. Permitted Uses "The following principal uses are permitted by right, permitted subject to limitations, or require a special use exception or special permit in the "CC" Commercial Compatible and "IC Industrial Compatible zoning districts. Uses may be subject to additional limitations as specified in Section 6.5 when located inside a Navy Air Installation Compatible Use Zone ( "AICUZ ") (which includes Clear and Accident Potential Zones 1 and 2). "Table 4.8.2. Permitted Uses COMMERCIAL AND INDUSTRIAL COMPATIBLE DISTRICTS' P = Permitted Use L = Subject to UI UI Area Limitations SUE = Special Use Exception SP = Special Permit [blank cell] = Not Permitted Public and Civic Uses Government Facility Uses [5.1.3.D] except P P 0.1 1 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 2 of 12 for: Detention facility; auditorium; cafeteria; fuel storage, above ground; helipad, heliport or landing field. Parks and Open Area Uses [5.1.3.F] P P 0.11 except for: Clubhouse; Concessions; Reservoir. Social Service Uses - Treatment Centers P P 0.11 only, provided, there are no residents Utilities, minor [5.1.3J] except for: P P 5.2.6 Storm water retention facilities Commercial Uses Commercial Parking Uses [5.1.4.A] P P Office Uses [5.1.4.C] except for: P P 0.11 TV and radio studio. Truck stop provided no-overnight P 0.11 4.6.2 accommodations Retail Sales and Service Uses, sales- and P P 0.11 5.2.12 service- oriented [5.1.4.G] Includes personal service uses Retail Sales and Service Uses, repair- P P 0.11 5.2.13 oriented [5.1.4.G] except for: Vocational trade or business school Farmers market P P 0.11 5.2.9 Self- Service Storage Uses [5.1.4.H] P P 1.00 5.2.14 Crematorium (animal) P 0.11 Vehicle Sales and Service Uses [5.1.4.1] P P 0.11 Water- Oriented Uses [5.1.4.J] except for: P P 0.11 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 3 of 12 Restaurants; Ferry/water taxi, Fuel storage above ground Industrial Uses Light Industrial Service Uses [5.1.5.A], P 0.14 5.2.17 except for: Fuel storage above ground; cafeterias; Laboratory, research or experimental P 0.14 Warehouse and Freight Movement Uses P 1.0 [5.1.5.8] except for : Stockpiling of sand, caravel, or other aggregate materials; Fuel Storage above ground Waste - Related Service, only including P 0.14 Recycling Center and Solid or liquid waste transfer (no composting) Land Fill; Fuel Storage above ground 5.2.23 Wholesales Trade Uses [5.1.5.D] except P P 0.28 5.2.16 for: Cafeteria Other Uses Kennel or animal shelter, indoor P 5.2.18 Kennel or animal shelter, indoor or P 5.2.18 outdoor Pasturage P P Grazing P P 'The uses in Table 4.8.2 shall not allow a density greater than 50 occupants per acre. "Table 4.8.3. Nonresidential Use 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 4 of 12 SECTION 2. The "Table of Contents" page of the UDC is amended by revising the table to include a reference to new section 4.8, to be titled "Compatible Districts," which section will follow existing page 195, use pagination beginning with page 195 -1 and numbered sequentially to include the content contained in Section 1 of this ordinance, and end prior to page 196, at which point an introductory table begins for section 5.1 of the UDC. SECTION 3. Subsection 1.11.2 of the UDC, entitled "Abbreviations," is amended by revising the subsection to include the terms for the Commercial Compatible District and Industrial Compatible District, denoted as "CC" and "IC" respectively, to read as follows: "§ 1.11.2 Abbreviations Abbreviation CC i IC Min Lot Area (sq. ft.) IC Industrial Compatible District Min. Lot Width (ft.) Min. Yards (ft.) Street 20 20 Street (corner) 20 20 Side (single) 5 5 Side (total) 10 10 Rear 10 10 Side and rear, abutting res. district See Section 4.2.8.0 Max Height (ft.) 25 [ 25 SECTION 2. The "Table of Contents" page of the UDC is amended by revising the table to include a reference to new section 4.8, to be titled "Compatible Districts," which section will follow existing page 195, use pagination beginning with page 195 -1 and numbered sequentially to include the content contained in Section 1 of this ordinance, and end prior to page 196, at which point an introductory table begins for section 5.1 of the UDC. SECTION 3. Subsection 1.11.2 of the UDC, entitled "Abbreviations," is amended by revising the subsection to include the terms for the Commercial Compatible District and Industrial Compatible District, denoted as "CC" and "IC" respectively, to read as follows: "§ 1.11.2 Abbreviations Abbreviation Term CC Commercial Compatible District IC Industrial Compatible District SECTION 4. Subsection 1.11.3 of the UDC, entitled "Defined Terms," is amended by revising the subsection to include a new term "Floor Area Ratio," defined to read as follows: "Floor Area Ratio (FAR): The area of a building or buildings on a lot divided by the lot area." 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 5 of 12 SECTION 5. Subsection 7.4.3 of the UDC and its corresponding Table 7.4.3 are amended by revising the table to read as follows: "7.4.3 Allowed Outside Display, Sales and Storage "Three types of storage shall be allowed in the zoning districts designated in the table. Outside retail display may be allowed in nonresidential zoning districts not designated in the table in accordance with the procedures for obtaining a special permit in Section 3.6. "Table 7.4.3 Allowable Storage (per zoning district) CN, CR Outside Retail Display CG CI, CC IL IH IC Outside Retail Sales Outside Storage SECTION 6. Subsection 7.5.3.A of the UDC, entitled "Single Tenant Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.3.A Single Tenant Freestanding Sign One freestanding sign shall be permitted per street frontage or per lot and shall pertain only to the uses conducted within the buildings located on the premise. Changeable copy signs, including automatic changeable copy signs are allowed as provided in Subsection 7.5.12. "1. Freestanding signs placed within this minimum front yard depth as specified in Article 4 are not to exceed 64 feet in area or 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right -of- way nor utilize or incorporate flashing illumination. In the event two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. "2. Freestanding signs located beyond the front yard requirement in the "ON" Neighborhood Office District, "CN- 1" Neighborhood Commercial District, "CN -2" Commercial Business District, "CG -1" General Commercial District, "CG -2" General Commercial District, "CI" Intensive Commercial District, "CBD" Downtown Commercial District, "IL" Light Industrial District ate,. "IH" Heavy Industrial District, "CC" Commercial Compatible District and "IC" 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 6 of 12 Industrial Compatible District are regulated per street type as classified in the Urban Transportation Plan and as listed below and per Subsection 7.5.4 Arterial Street Sections Regulated as Collector Street Sections: "a.* a. * * * <<3 * * * * * 11 SECTION 7. Subsection 7.5.3.0 of the UDC, entitled "Multi- Tenant (3 or more Tenants) Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.3.0 Multi- Tenant (3 or more Tenants) Freestanding Sign One freestanding sign for building /same project /development of 25,000 square feet or less or two freestanding signs for building /same project development greater than 25,000 square feet shall be permitted, per street frontage, per lot or individual primary building and shall pertain only to the uses conducted within the buildings located on the premise. Signs for building /same project /development shall be separated by a minimum of 150 feet. Changeable copy signs, including automatic changeable copy signs are allowed as provided in Subsection 7.5.12. "1. Freestanding signs placed within the minimum front yard depth as specified in Article 4 are not to exceed 64 feet in area or 20 feet in height. Such sign located within the front yard shall not overhang or project into the public right -of- way nor utilize or incorporate flashing illumination. In the event of two front yards overlap at a corner, the area of overlap shall be designated as only one front yard. "2. Freestanding signs located beyond the front yard requirement in the "ON" Neighborhood Office District, "CN- 1" Neighborhood Commercial District, "CN -2" Commercial Business District, "CG -1" General Commercial District, "CG -2" General Commercial District, "CI" Intensive Commercial District, "CBD" Downtown Commercial District, "IL" Light Industrial District ate,. "IH" Heavy Industrial, "CC" Commercial Compatible District and "IC" Industrial Compatible District are regulated per street type as classified in the Urban Transportation Plan and as listed 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 7 of 12 below and per Subsection 7.5.4 Arterial Street Sections Regulated as Collector Street Sections: "a. a. * * * "3 * * * * * 11 SECTION 8. Subsection 7.5.15 of the UDC, entitled "Multi- Tenant (3 or more Tenants) Freestanding Sign," is amended by revising the subsection to read as follows: "7.5.15 Permanent Signs Allowed in the Business and Industrial Districts. The following freestanding and wall signs may be allowed in the business, professional office and industrial districts, including the overlay districts, except to the extent specifically modified by the rules in a particular district. Where the rules for a specific district deviate from these general rules, the specific deviation may be effective in that district, subject to its terms, but the remainder of the general rules in this Section may apply in that district. "A. Applicability "1. The provisions of this Section may apply to the following districts: ON, Office; CN, Neighborhood Commercial; CR, Resort Commercial; CG, General Commercial; CI, Intensive Commercial; CBD Downtown Commercial; BP, Business Park; 1 -2; a IH, Heavy Industrial; CC, Commercial Compatible; and IC, Industrial Compatible. "2 * "B. * "C. Table of Sign Types "A sign type listed below is allowed as a permanent sign in any district which contains a "P" in the cell where the district intersects that sign type and prohibited in any district which contains an "NP" in the cell where the district intersects that sign type. 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Ji', �/ t F,. „xzerx vJ, :,X`rF f. .,G f f✓ � .., r ✓ ,,,r.> ff frr. r. ✓'a .XIFt> .s v,,.�TL l€,<, r 1,� ;.S ?fo { , ?, .fs frr,.lz., .,a. r ,r fi : �., .+r£, '"„fsZ,elr7�zrl {�t8,vv,a�, ,!f € -,. sz.<, lu ,r ru ..G,» .,F f - �sr'!> m . „ rF> , >» 3, F >. ?zrz2 Billboard(4) NP NP NP NP NP NP NP NP NP P PP PP NP NP NP Canopy or Marquee Sign(2) P P P PP PP PP PP PP P P P P Monument Sign P P P PP PP PP PP PP P P P P Pole Sign NP P P P NP NP NP P PP PP PP PP P Roof Sign NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP Wall Sign(1) P P P PP PP PP P NP P P P P P P t ,.r »r F, .;" !, <,. m r` M fP ' .Y r 6 r, �,j A , ' Ptsn.,•o /r rt�� ^.;,.,F, h,., ,.,r,., ,., ,., ,r�7.f1:rr%�rFirF�f�r'/ f a ,:"„ i,LIZ... S` f .t.T ,,'l..,e , €;', >, {Y,� 3rrrrrrs r,,,,,r3 rliti�f�:? sa. J .. ✓ ✓/ /F' F .. 'I.., 'J, rt rf,s rdrf�f�r� /r�lrri�f�: €xr , €;', >, {Y,� - i,,,,,r3 ?sa.rdrf�f�r�/ /F' F .. 'I.,., 'J, rf rf rm r �" f .€�r , €;', >, {Y,� - i,,,,,r3 �1iri�f�tasa.rdrf�f�r�/ /F' F .. 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'I.., 'J, rf rf,s rdrf�f�r� /r�lrri�f�: :r ,L�Gr €xr , €;', >, {Y,� - i,,,,,r3 ?sa.rdrf�f�r: .fst � A r 'I.., v£ 'J, rf rf r3 ?sa ,. f .L l U1l,,J jr�.r � ✓'i..,, // ,,,,,,,1 r.tff�r{�rs 'al ,F >�Y J;or Lr. t .fin r�' >,.,er, i, rf rf rn.' %rf�f�r� /r Manual Changeable Copy P P P PP PP PP PP PP P P P P Automatic Changeable Copy(3) P P P PP PP PP PP PP P P P P Whirling, Revolving NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP — NP — Noise Producing NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP NP 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 9 of 12 "P in a cell means that the sign type or characteristic is allowed in that district, subject to additional dimensional and other standards set forth for individual districts. "NP in a cell means that the sign type or characteristic is not allowed in that district. "NOTES TO TABLE: "1. For design standards for wall signs, see Subsection 7.5.3. "2. For design standards for canopy or marquee signs, see Subsection 7.5.9. "3. For design and operating standards for automatic changeable copy signs, see Subsection 7.5.12. "4. For standards for the size, location and replacement of billboards, see Subsection 7.5.21." SECTION 9. Subsection 7.5.20 of the UDC, entitled "Temporary and Portable Signs Allowed in the Nonresidential Districts," is amended by revising the subsection to read as follows: "7.5.20. Temporary and Portable Signs Allowed in the Nonresidential Districts "A. Applicability "B. The provisions of this Section may apply to the following districts: RM -3, Multi- family 3; ON, Office; CN, Neighborhood Commercial; CR, Resort Commercial; CG, General Commercial; CI, Intensive Commercial; CBD, Downtown Commercial; 10, Island Overlay; BP, Business Park; IL, Light Industrial; and Heavy Industrial; CC, Commercial Compatible; and IC, Industrial Compatible. * "C. Portable Signs Generally "Portable signs are allowed in the following districts: 10, Island Overlay; CR -1 District; BP District. Portable signs are not allowed in the following districts: ON District; CN Districts; CR -2 District; CR -3 District; CG Districts; IL District; IH District; CC District; and IC District. "D * * * 11 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 10 of 12 SECTION 10. Subsection 7.9.5 of the UDC, entitled "Zoning District Buffer Yard —New Development," is amended by revising the subsection to read as follows: "7.9.5 Zoning District Buffer Yard - New Development "A. Requirements - New Development The following table shall be used to determine the type of zoning district buffer yard required between adjacent zoning districts. "Table 7.9.5.A Required Zoning District Buffer yard (New Development) Subject Property Zoning District FR3 RE, RS F Adjacent RS -TH, RS -TF Property RM, R -MH, RV, Zoning CN1, ON CR District - CN2,CG, CI,BP, CBD IL IH CC IC FR -- -- -- A A A A A A A RE, RS -- -- -- B B C D E C C RS -TH, RS -TF -- -- -- B B C D E C RM, R -MH, RV A B B -- A A C E A CC CN', ON, CR A B B A -- -- B D CN2,CG, CI, BP,CBD, CC A C C A -- A C --- A IL IC A D D C B A -- A A IH A E E E C C A -- C 1- Nonresidential development with a single user of 25,000 sf or less. 2 -- Nonresidential development with a single user of more than 25,000 sf. 3-When an abutting parcel is vacant and zoned Farm Rural, the parcel developed second is responsible for the installation of a zoning district buffer yard." SECTION 11. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 12. All ordinances or parts of ordinances in conflict with this ordinance are expressly repealed. SECTION 13. If, for any reason, any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this ordinance is 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, para- 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 11 of 12 graph, subdivision, sentence, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 14. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. Unless otherwise specifically stated within the provisions of this ordinance or the Code of Ordinances, 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 15. 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 16. This ordinance takes effect on the day following the date of publication. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza, Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following votes: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza, Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2012. 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 12 of 12 ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0014_2_Ordinance - Compatible Districts without billboards vFinal4 wo billboards 20121115 Page 13 of 13 I.) st (1) 0- C7, CD CL, L.7■'' ... c E ol ol 0 17 0 0 CO a u>s 0 >, zni ,66 • .. c c,_ - 0 u GO ----. V) 6. 7 0 t Th .E. ,__ 7,7, f.11 Sic - - = 5 a.) ,... 17-r Q Q.) • cn - C- = 775,...) r" t(......i.. 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Z 5 < c -el c _a Z ti • c o __, CL 0 Z -• 1 cu -s, • - i c‘ .rti co 2 0 - - - ..- F..... Z Matrix Design Group Comment On Oct 23, 2012, at 1:05 PM, "Celeste Werner" <celeste werner@matrixdesigngroup.com> wrote: We recommend that billboards are not located within the Compatible District. If billboards are located within the District we recommend they are NOT LED lights. Regular billboard lights, if located within this District should be fully shielded with full cut off light fixtures. Celeste Boccieri — Werner, AICP Vice President Matrix Design Group, Inc. 2224 W. Northern Avenue, Suite D240 1 Phoenix, AZ 85021 1 Office MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers September 26, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman Govind Nadkarni, Vice Chairman Mark Adame Fred Braselton ** Marco Castillo * ** Gabriel Guerra Chris Hamilton Mike Lippincott * * ** Philip Ramirez * *Arrived at 5:38 p.m. ** *Arrived at 5:35 p.m. * ** *Arrived at 5:38 p.m. I. CALL TO ORDER STAFF: Mark Van Vleck, P.E., Interim Director, Development Services Sylvia Carrillo, Assistant Director, Development Services Pete Anaya, P.E., Planning Director Robert Payne, AICP, Senior Planner Miguel S. Saldana, AICP, Senior Planner Annika Gunning, Project Manager Marcie Downing, Assistant City Attorney Jamie Pyle, P.E., Engineering Services Linda Williams, Recording Secretary The meeting was called to order by Chairman Huerta at 5:33 p.m. and a quorum was declared. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action on the Following Items: B. Amendment to the Unified Development Code (UDC) (cont.) Mr. Payne continued that for protection of the Navy's mission and continued development of future plans through the Joint Land Use Study (JLUS), it was a high priority and has become very important to proceed with creating the two new zoning districts proposed for use under airport flight zones or next to refineries or any other area that poses a potential hazard to its adjacent uses. Mr. Payne stated the proposed Commercial and Industrial Compatible Districts would not permit any residential uses or uses that congregate large groups of people. Mr. Payne provided a brief summary of the two districts: • The intensity of both districts (commercial and industrial) were controlled by floor area ratio similar to the Navy AICUZ guidelines; Planning Commission Regular Meeting September 26, 2012 Page 2 • Height structure limited to two stories; • Many of the uses in the two districts were not shown as permitted uses in the Navy guidelines and the use list should be considered a compromise between what the Navy would like and what was normally allowed in the two districts; and • The variety of uses allowed in the two districts were not unique since Staff used the City of San Antonio's use list included in their Airport Overlay District as a model. Mr. Payne continued that as an alternative, adoption of the Navy Use Guidelines was also considered as other cities have adopted their guidelines. Mr. Payne added that in those areas where the guidelines were adopted verbatim, they were rural areas and not urban. After Mr. Payne's presentation, the floor was opened for comments by commissioners. Commissioner Braselton asked how the map shown in the handout related to what was being proposed at tonight's meeting and Mr. Payne stated that the proposed districts were potential choices for those areas that were not developed. Commissioner Braselton asked Mr. Payne if he was referring to "retro- zoning" and Mr. Payne replied no. Mr. Payne continued that in proposing the zoning districts, it would indicate to the Navy that the City was doing something to curtail the potential threat of disaster. Vice Chairman Nadkarni asked Mr. Payne what would be done between tonight's meeting and before the amendment was adopted and what restrictions would be in place until the amendment was adopted. Commissioner Castillo stated the next step would be if the zoning was put in place and someone petitioned the City for a zoning change before the Planning Commission take action on this item, he felt the commission should have a legal briefing on this before the City adopts this amendment. Commissioner Castillo continued that this would add "tools" to better handle any issues or concerns that may result of this amendment. Commissioner Castillo stated he would like to request that the City sponsors these zoning applications that may come in. Mark Van Vleck, Interim Director, Development Services, stated that based on the commissioners' comments and questions, legal staff will be requested to provide a legal brief to present at a future meeting. Commissioner Hamilton asked if the proposed zoning districts were based on Navy guidelines and regulations and Mr. Payne stated the Navy's guidelines were much more restrictive than what Staff was proposing. Commission Hamilton asked if implementing the proposed zoning districts would be enough to keep the Navy Base from leaving the area and Mr. Payne (K:DEVSVCS \ SHARED \ 1. PC2012\2012PCMI NUTES \092612.PCMINUTES) Planning Commission Regular Meeting September 26, 2012 Page 3 stated there were no guarantees, but by implementing the zoning districts would show the Navy that the City was going in the right direction. After all comments and discussion concluded by commissioners, the public hearing was opened. Jason Luby, 9847 Daisy Drive, addressed the commission. Mr. Luby stated he addressed the commission at the September 12th meeting. Mr. Luby continued he was very concerned with the proposed zoning districts and the impact it would have on the land owners. Mr. Luby restated that he has a contract pending on the sale of his property and the passage of these zoning districts would hinder development. Mr. Luby continued that the proposed zoning districts would not impact a BRAC decision and what was needed was for the citizens to work more closely with the elected officials in trying to keep the bases open. Mr. Luby stated he felt the Navy was using the threat of possible base closure as a tool of threat to get the zoning districts passed. After Mr. Luby's comments, the public hearing was closed. After a brief discussion by commissioners, Chairman Huerta called for a motion. Motion to approve a proposed amendment to the Corpus Christi Unified Development Code by amending Section 1.11.2 Definitions, 1.11.3 Defined Terms and adding Section 4.8 Compatible Districts and other appropriate sections was made by Commissioner Ramirez and seconded by Commissioner Ham ilton. After the motion was on the floor, Vice Chairman Nadkarni asked for clarification as to whether the approval was for the amendment to the Unified Development Code only and not placing any areas to be included and Mr. Payne stated the approval was for the amendment to the UDC. Motion passed. (K:DEVSVCS \ SHARED \ 1. PC2012\2012PCMI NUTES \092612.PCMINUTES) AGENDA MEMORANDUM First Reading at the City Council Meeting of December 11, 2012 Second Reading at the City Council Meeting of December 18, 2012 DATE: December 11, 2012 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Reimbursement Ordinance for Bond 2012 Projects CAPTION: Ordinance relating to establishing the City's intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various City improvements from the proceeds of tax - exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. PURPOSE: The City plans on awarding contracts in January 2013 associated with the Bond 2012 proposals approved by the voters on November 6, 2012. Since this will occur prior to the general obligation bonds actually being sold, this ordinance is needed for the City to reimburse itself for costs incurred prior to the receipt of the bond proceeds. BACKGROUND AND FINDINGS: On November 6, 2012 the voters of Corpus Christi approved seven of the eight bond propositions on the ballot. Those approved were as follows: Proposition 1 $55,000,000 Street Improvements Proposition 3 $4,750,000 Service Center Complex Improvements Proposition 4 $16,000,000 Parks and Recreation Improvements Proposition 5 $2,340,000 Museum & Library Improvements Proposition 6 $820,000 Public Health Improvements Proposition 7 $700,000 Public Safety Improvements Proposition 8 $8,400,000 Economic Development Projects In order to adhere to the time schedules to insure timely completion of these projects, the City must move forward with contracts prior to the completion of the final closing on the bonds. For the City to be eligible for reimbursement of any expenditure incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. AN ORDINANCE RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX - EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES; AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) the projects approved at an election held on November 6, 2012 by the City (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, project consultant, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the Issuer's projects that are the subject of this Ordinance (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code (Section 1201.042) provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of tax - exempt obligations (the Obligations) that the Issuer currently contemplates issuing in the principal amount of not to exceed $88,010,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 52351715.2 WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Ordinance 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: This Ordinance is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -2 of the Regulations and Section 1201.042 to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Ordinance, with all the requirements contained in the Regulations. SECTION 5: This Ordinance may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds ", as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7: 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 8: 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. -2- 52351715.2 SECTION 9: This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: 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 11: It is officially found, determined, and declared that the meeting at which this Ordinance is 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 12: This Ordinance shall be in force and effect from and after its final passage, and it is so ordained. [The remainder of this page intentionally left blank] -3- 52351715.2 PASSED, ADOPTED AND APPROVED on this the 18th day of December, 2012. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (ISSUER SEAL) APPROVED THIS DAY OF DECEMBER, 2012: Carlos Valdez, City Attorney -4- 52351715.2 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 18th day of December, 2012, relating to establishing the City's intention to reimburse itself in an amount not to exceed $88,010,000 for improvements that were approved by the residents of the City at an election held on November 6, 2012, which Ordinance is duly of record in the minutes of said City Council, 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 2012. City Secretary (CITY SEAL) -5- 52351715.2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: FROM: Pete Anaya, P.E., Director of Planning and Environmental Services petean @cctexas.com, (361) 826 -3781 December 18, 2012 Ronald L. Olson, City Manager Daniel Biles, P.E., Director of Engineering Services danb @cctexas.com, (361) 826 -3729 Ordinance to Amend Capital Improvement Program Budget for Bond 2012 Projects CAPTION: Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. PURPOSE: To amend the Fiscal Year 2013 Capital Improvement Program Budget to include the Bond 2012 voter - approved projects as shown in Attachment 1 so work on these projects may begin. ATTACHMENT ONE SUMMARY: CIP Fiscal Year 2012 — 2013 is to be amended as follows for the General Obligation Bonds: Streets: $17,662,000 Parks: 4,000,000 Public H & S: 855,000 Public Facilities: 1,298,000 Sub - total: $ 23,815,000 General Obligation Funds A separate agenda item for this week will include a Reimbursement Resolution to reimburse the City for General Obligation Bond expenditures incurred prior to the bonds being sold. CIP Fiscal Year 2012 — 2013 is to be amended as follows for the associated utility work required: Water: $1,325,000 Wastewater: 1,063,000 Storm Water: 4,281,000 Gas: 95,000 MIS: 95,000 Sub - total: $6,859,000 Utility Funds Total Amendment: $30,674,000 An additional $6,764,000 of utility revenue bonds will be sold in the City's upcoming bond issuance program to cover these programmed costs. MIS costs cannot be paid for with utility revenue bonds and will be the responsibility of the department. Future year expenditures will be included in the FY 2014 Capital Improvement Program Budget as it is developed. BACKGROUND AND FINDINGS: On Tuesday, November 6, 2008, the City of Corpus Christi held an election to consider eight ballot propositions to fund major capital improvements for the community, Bond Issue 2012. City voters approved seven of the eight propositions for a total of $88,010,000 to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, and Parks and Recreation. The projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. Prior to the election, the city issued Request for Qualification (RFQ) No. 2012 -03 Bond Issue 2012 and CIP Projects to solicit firms which would be interested in working on these projects. On November 7, 2012, the results of the RFQ were released and staff began negotiating design contracts for the first fourteen street projects. These contracts are scheduled to come before Council for approval in the January 2013 timeframe. ALTERNATIVES: 1. Do not amend the Capital Improvement Program (CIP) Budget at this time. Projects would then be delayed and not begin until the Fiscal Year 2013 — 2014 CIP Budget is approved. (not recommended) OTHER CONSIDERATIONS: Approving the amendment will allow the projects to move forward as per the proposed Bond 2012 execution schedule and allow for timely completion of the projects. CONFORMITY TO CITY POLICY: Conforms to statutes regarding City Ordinances, FY2012 -2013 Capital Budget; and is consistent with the City's Comprehensive Plan. EMERGENCY / NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 212,844,400 212,844,400 This item 30,674,000 30,674,000 BALANCE 243, 518, 400 243, 518, 400 Comments: Only Year One of the FY 2013 Capital Improvement Program Budget is being amended with this item. RECOMMENDATION: City Staff recommends approval of the ordinance to amend the Fiscal Year 2013 Capital Improvement Program Budget so work on the projects may begin. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment One Ordinance amending the FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 to add the voter - approved Bond 2012 projects as listed in Attachment 1; increasing revenues and expenditures in the amount of $30,674,000. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended include to voter - approved Bond 2012 projects as listed in Attachment 1. SECTION 2. The FY 2013 Capital Improvement Budget adopted by Ordinance No. 029565 is amended to increase revenues and expenditures in the amount of $30,674,000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED on this the day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor ATTACHMENT ONE GIPIALLZCATIONS O O O O CO CO Lid LC) O CO N- ti O — — LC) U 69- I- ti Ef) Ef) Ef) u Ef3 Ef3 LO LO CO CO 0) 0) O LC) LLB • E!) 69- O N Ef) Ef) u r Ef3 O L{) L{) LC) I- N- O N ti CO CO CO CO O CON N69-69-05)0) Ef3 6'3 69- 6'3 O I- 00 CO CO CO O (3) LC) 00 LC) L0 N N 't (3) CO cf} cf} N- 00 CN 6'3 6'3 6'3 6'3 O L0 LC) LC) (0 CD CO CO O N F}} F}} co 0 co 0 ✓ E 6'3- r L{) N N L{ L{ O L{) H) 6'3- N CO 0) PROPOSITION NO. 1: STREET PROJECTS N 0 U 0 1— 0 0 0 0 0 0 0 0 O N d' L0 L0 O O O LC) O H) 69- d E E N CO- N-- - O O CO CO CO CO O O O 0) LO CO CO O O CO N N Ef} Ef} 00 N- (-4 6'3- 6'3-N LO F- LUr LU 1- f) Ln a w w E 0) s a 0 2 NN0 NN® E 0. 0 L L • 46 /0 e' • 1-1 W V! .o ccs O 0 •/ • 0 z. Sub -Total Utilities Project Total ammE�-��a ▪ a a o CD 2 Cl) (% Cl 7.-. 1.-s5 ▪ 0) o d N 22 w cu L Ve�/^ ! N w E 0 w a) V! ea w E N to Louisiana Avenue V! LO 00 00 00 CO CO LO O N CO LC) CO N N LC) LC) U U CN U U d- 0) O 00 CO CO O O O O L() N 0) 0) - - LO O I� N 00 Cf) U CO 0 0 0 0 0 0 0 0 Ef) Ef) Ef) Ef) Ef) Ef) Ef) Ef) O I- CO LC) O O ti ti LO LO CO N- CO CO I- N 0 - - CO U U 0) 0 69- 69- Ef} u, CV LO O d- 0) LO LO CO CO I� ti d Cfl x- CO Cr) - - CO U U 0 Cr) Ef}Ef}Ef} N O CO 0) 0) 0) 0) O O LO I- d' O N - LO O Cr) - - CO U U 0 r Ef}Ef}Ef} CN- 6'3- Ef) LO 0 0 CO CO CO N d d- CO 0) N LC) U H) r Ef} U CN O Ef) Ef) Ef) Ef) LO I- O CO d' d' O N- I- Liz t CN Cf) U CO N- CO 69- 69- N CO I- Ef} Ef} O 0) O O CO CO O O LO LO LO CO Cf)Ef) �� N CO O O C7 N- N- Cr) C0 O O O I- CO I- O CO O O N N O Ef) Ef) I- O CV Ef} Ef} r r C 7 Ef) Ef) Ef) Ef) O LC) LC) LO CO CO O O LO CO O CO CO O O LO d' CO I-- Cf) 69- I-- N LC) E 6'3- CN- 6'3- Ef) Ef) O d' CO CO LO LO O O O CO 03 N N O CN 0) U U r CN Ef) Ef) Ef) N- CO - 6'3- Ef) Ef) Wastewater E 0 O N A Project Total L Irs c O ® 0 to ▪ V ▪ a) co o d N 22 Ocean Drive from Buford Street to Louisiana Avenue Tuloso Road to Leopard Street Project Total O I- ti CO CO O O O N 00 CO CO CO L() L(7 I� N 00 Cf) U CO 0 Ef) Ef) Ef) N- CO 0 LC) N N N- N- 0 O LC) d' (3) L() CO CO L() O CO CO N CO H) Ef) O I� N 69- 69- LC) LC) L( 0) 0) O L() 69- 69- 69- u r O CO O - (3) (3) LO L() LC) O d LO N N x CO CO 69 69 0 00 69- 69- Ef) Ef) r r L{) CO 0) d' d' t 0) d' N LO N- N N C) (0 CO N N O H) Ef) L() CO CN Ef) Ef) Ef) Ef) O N CO 0) N N N (0 C0 0) O N N CO CO L() (NI 0) U U co 0) Ef}Ef}Ef} N- 69 Ef) O L{) 0) 0) I- N- L{) L{) d' Cf) u CO 00 00 69- 69- N CO N- 69- 69- u r Ef) LO CO CO CO CO CO CO CO N CO I- C7 u Ef) CO CO 69- 69- CO LO CO E E Ef) Ef) LO O O I- O CO 0) •- I- ti C0 I- Cf) Ef) 0) I-- 69- 69- N Ef) Ef) u r Ef) O N d' t LO LO O O O d' I- CO I- ti O O d d' CO I� Cf) Ef) I� co - - N (0 O 0) CO CO CO CO O O O CO CO O CO CO O O C7 CO L{) (f) 69- Li) 69- 69- N 0) O C7 CO CO 0 0 O O d CO CO CO O O d' CO LO d- L() C7 69- 69- N LO- 69- Wastewater .o Tes 0 N A Project Total 0 ccs L 0 2 E 0 L e/L cts2 Vw! / (II (v Ca w V/ e(wa (fI Cl c 1- McArdle Road from Nile Drive to Ennis 00 Project Total dt O O O O (.C) O N (3) CO N- ti O I- (f) Ef) CO Ef) Ef) LC) CO Ef) Ef) Ef) r Ef) O LC) N N N— N— O O L{) x— CO �t CO CO O LC) O N CO ef) U Cr) 0) Ef}Ef}Ef} N— N Ef) Ef) Ef) 0 0 0 0 0 0 0 0 Ef) Ef) Ef) Ef) Ef) Ef) Ef) Ef) O C7 •t — LC) (C) 00 CO L{) N CO L{) CO CO N N- t N CO cf) Ef) CO r- Ef}Ef}Ef} N- N- 69- Ef) Ef) L{) O CO d' t L{) O N O CO Cr) N N N- O CO — — (0 H) Ef) 0) CO Ef) Ef) Ef) Ef) Ef) r Ef) L{) CO t O) O) LC) O O E!) & CO 69- (13 N O Ef) Ef) Ef) r Ef) LC) O CO (3) N Cfl LC) (C) I- (f) Ef) N Ef) Ef) Ef) Ef) N (3) N CO N- 6'3- r Ef) (.{) CO L{) O CO CO 't (3) N LC) x— Ef) Ef) N �t 00 (f) Ef) N CO N- 6'3- Ef) Ef) r Ef) (n O) L{) (C) CO CO L{) 0 N N N N— Ef) Ef) N- 0 N cf) 69- Ef) Ef) Ef) Ef) O N- O) O) CO CO O O O I- — ti 0 0 0 O O CO CO d cf) Ef) CO N N 69- 69- N LC) Ef) Ef) Ef) Ef) O O CO CO CO CO O O O N O 00 O O 0 0 CO d- CO CO (f) Ef) O (3) C7 69- 69- N LC) Ef) Ef) Ef) Ef) 0 I- O) O) CO CO 0 0 0 N— (3) Li 0 O) — (f) d- Ef) Ef) I`-- O Ef) Ef) Ef) Ef) Ef) Wastewater Project Total 0 0 15 a) w E O L css O d d O O O (1) 2 < r r Project Total L CO CO O) O) O LO LO N � O Ef) 69- u r O N- CO CO O O CO CO LO LO CO N N d- 0) CO U U 0) 0 Ef}Ef}Ef} U N LO 00 ti t CO CO LO O Ef) Ef) 69- Ef) O O CO CO CO CO O O O O) LO ti CO CO O O CO N N Ef} Ef} CO N- (-4 Ef} Ef} d' V/ cc o u/ S" LL E O to. • IVwe 5 O • o ea 4.6 CO Cl T"' Wastewater Project Total 0 0 0 0 0 0 0 0 O- O) N O O N N ( d LO N N LO O O N LO Ef) u CO 0) Ef)Ef)Ef) U r Ef) Ef) O N O N LO LO O O LO 6'3- CD Ef}� CO f} N Ef) Ef) Ef) Ef) O N d' d' LO LO O O O OO LO N N O O d I� (f) Ef) LO Ef} Ef} Ef} N Ef) Ef) Ef) O ▪ a) a) O - % c c O 0 = 0) O N d O LO N N CO CO 0 0 (f) & CO 0 r CO 69- 69- u r O CO LO LO O) O) O O I- O) O) 0) Cr) N (f) Ef) d Ef}Ef}Ef} N Ef) 69- Ef) O N- CO O) d d CO 6'3- O 69- 69- O 0) 69, CO Ef) Ef) Ef) Ef) O CO CO CO LO LO O O O CO CO N N N O O CO CO N CO Ef} Ef} O CO N Ef} Ef} N d' w E 0 Project Total L() L() L() CO 00 O L() 0 0~0 CO N CO CO N Cr) LO- 69- 0 Cr) CO I- N 0 L() L() F}} CO CD U U (.fl Cfl N N LO LO LC) N N O N 0— CO N CO — CO U U CO CO CO N N Ef} L 69- Ef}Ef} u r 0 0 0 0 0 0 0 0 O CD 0 CO Ef} O O N N- LO Ef} LO 0 N N 69' t I- 69 Ef} Ef} 69 Ef} Wastewater 0 0 0 0 0 0 0 0 CO ON � CO 0 U U � Ef} Ef} Ef} Ef} N Ef} Ef} 1.0 0 1.0 0 0 0 1.0 0 N 0 I- 0 U u I- 0 d' . d' LO 1.0 0 1.0 0 0 0 1.0 0 . d' LO Ef} 0 0 0 0 0 0 0 0 0 0 0 0 u u 0 CO 00 O a0-A r w — O N O d a) cts V! �0y e'}^/ V! of) E ®) o N T. 2 0 0 0 0 0 0 0 0 O (0 N- N 0 0 LO 0 U U O) CO O O) N CO- 69- O N L0 ti O 0 'Cr d- O) 69- N d' CO Ef} Ef} 0 N- CO 0 0 0 0 0 0 CD CO 0 U U 0 0 00 C7 - - , N (0 17 Yorktown Boulevard from Rodd Field Road to Cimarron Boulevard Wastewater V! Cr) O CO 0 0 0 00 0 Cif 69- 69- U (0 CN 69- CO (0 0 0 0 0 0 0 LO N- H) 69- 69- 69- 69- u N- 0 0 0 0 0 0 0 0 O Ef}Ef}Ef}Ef}Ef}Ef} O LO LO 0 (0 0 d- 0 0 0 d- 6) N ( d' (f) 69- U 0) C7 CO Ef} Cr) I- 0 0 0 0 0 0 0 0 LC) 69- U 69- 69- 69- U L{) 0 0 0 0 0 0 0 0 0 Ef Ef Ef Ef Ef Ef O 0 0 CO 0 0) 0 0 0 0) CN Cif U Ef) Ef) U N- N (0 0 0 0 0 0 0 LO N- ) H69- 69- 69-69- u N- 0 0 0 0 0 0 0 0 0 Ef) Ef) Ef) Ef) Ef) Ef) 0 LO LO 0 LO 0 0 0 0 0 0 0 0 (0 L0 69- 69- 69- 69- (0 co Ef) Ef) U 0 0 0 0 0 0 0 0 O u, Ef} Ef} Ef} Ef} u 0 CO CO N N 0 0 0 0 0 0 0 0 0 E f E f E f E f E f E f O N N 0 LO Wastewater E N cn 2 Sub -Total Utilities Project Total ADA Master Plan Improvements Sub -Total Utilities 0 N v w d Signal Improvements and Street Lighting 0 N Project Total TxDOT Participation :11t &IIIMAlt IP FY IntirellaglitisilE2 Ll1 ii O N M r-I 0 N O Ln ui N 00 l0 L n o Ln m o0 N Ln N LO m N N Ln N CO t/} tr in tn- tn• L n Ln co 0o m N N CO W c I L!i CV co co —1 r-i W 0 J 0c 0 LLJ 1- z LiJ 5 W s� d z 0 N 0 o_ 0 ILL NEI Project Description 0 0 0 0 0 O 0 Ln Ln Ln dt tn- N in- in- oA - a) ▪ in- Solid Waste General Services Solid Waste 0. a, oc o al 57. o N coc +,, o. tto ``0 V • •. E . f- LL 5 N > N a, m z 3 Q.c a, tto Z • E a-o Q C -0 .5 .5 w 0 0 LS 00 • E w a, oc c 3 O - 0 L C C 0 t 0 a0 u f6 gm y 2 ill E N C N N aL' C • ++ h Q LL h cn c W0 NO3 I N I N N N N 0 Lf N TOTAL PROPOSITION NO. 3 (SERVICE CENTER COMPLEX IMPROVEMENTS): o 0 o 0 O L() Ln Q O Ln Lf) N t/) t/} 0) L? 0 Lf o Ln Ln o 0 Ln N Ln Lfl N Cr) 00 N N in- t/? N L? to tn- 0 Ln Ln O N Ln Ln N co 00 N t/'- tf- t!- tf 0 0 0 PROPOSITION NO. 4: PARKS AND RECREATION IMPROVEMEI 0 0 0 0 0 O 0 O O O o Ln Ln O Ln c-I m m m in- in- in- if} Park & Recreation Park & Recreation Park & Recreation 4 c 0 a, Q O c Em E • E • f6 O O Tu 7.1 m N N 00 a ca Y � � c m u- = E Y ' ✓ 2 < Park & Recreation Park & Recreation Ocean Drive Park Improvements 01 O ei N M N M M M M 0 lS' TOTAL PROPOSITION NO. 4 (PARKS AND RECREATION IMPROVEMENTS): COOCO - ttiCOLC) CV) I- N Cfl O 0) LC) 0) LC) (C) 00 CO N N- N- N IS (6 N IS Ef3 Ef} Ci - Eft to Le- c� Ef} Ef} 09 en =� 0 VI- C r-1 N i §• -- CO 0 0 CO N N N CO O Co 0) CO 04 co O o) CO- N N O OD- €& N Ef3 Ef} te- 00 - M> r'1 N co CO LO (- \I 10 0) CO N- 0) 0) 0) Ln c') CO N co- €o en Ef} N N L( co eV • • O P. 00 N N— co c') (0 N-_ CO_ CO (0 CO c''�6 v J 00- v J v J v J up rYI ill- V cc a I- it I- O z z O 1- O a 0 cc a Q J 1- 0 1- O .65 ■ C — C— L O U - '� a ca is a O O I- I- = W :11t &IIIMAlt IP FY IntirellaglitisilE2 Ll1 ii O N M r-I 0 N O Ln ui N 00 l0 L n o Ln m o0 N Ln N LO m N N Ln N CO t/} tr in tn- tn• L n Ln co 0o m N N CO W c I L!i CV co co —1 r-i W 0 J 0c 0 LLJ 1- z LiJ 5 W s� d z 0 N 0 o_ 0 ILL NEI Project Description 0 0 0 0 0 O 0 Ln Ln Ln dt tn- N in- in- oA - a) ▪ in- Solid Waste General Services Solid Waste 0. a, oc o al 57. o N coc +,, o. tto ``0 V • •. E . f- LL 5 N > N a, m z 3 Q.c a, tto Z • E a-o Q C -0 .5 .5 w 0 0 LS 00 • E w a, oc c 3 O - 0 L C C 0 t 0 a0 u f6 gm y 2 ill E N C N N aL' C • ++ h Q LL h cn c W0 NO3 I N I N N N N 0 Lf N TOTAL PROPOSITION NO. 3 (SERVICE CENTER COMPLEX IMPROVEMENTS): o 0 o 0 O L() Ln Q O Ln Lf) N t/) t/} 0) L? 0 Lf o Ln Ln o 0 Ln N Ln Lfl N Cr) 00 N N in- t/? N L? to tn- 0 Ln Ln O N Ln Ln N co 00 N t/'- tf- t!- tf 0 0 0 PROPOSITION NO. 4: PARKS AND RECREATION IMPROVEMEI 0 0 0 0 0 O 0 O O O o Ln Ln O Ln c-I m m m in- in- in- if} Park & Recreation Park & Recreation Park & Recreation 4 c 0 a, Q O c Em E • E • f6 O O Tu 7.1 m N N 00 a ca Y � � c m u- = E Y ' ✓ 2 < Park & Recreation Park & Recreation Ocean Drive Park Improvements 01 O ei N M N M M M M 0 lS' TOTAL PROPOSITION NO. 4 (PARKS AND RECREATION IMPROVEMENTS): z W 2 W Ce 2 te re Cd J 0 z 2 W u'f 2 L1i z 0 L/) 0 0 o LO 0 0 LA 00 0 O co O1 O c0 to- 0 to- (Y) 0 e-1 O V) O O O LD N O Ll) 00 O O 0 0 O LD CO 0 .O N tf t/} t/} t/)- d• VI Uo N M M m m TOTAL PROPOSITION NO. 5 (MUSEUM AND LIBRARY IMPROVEMENTS): CIP ALLOCATIONS lOt Ln 0 N r-I 0 M -1 O N (.n o Ln t/)- 0 0 V) O t/} CV tn- 0 i�- PROPOSITION NO. 6: PUBLIC HEALTH IMPROVEMENTS N 0 O H N 0 'V? t/} • IN ■ ilding Roof Replaced CO (J O. 0 s m co M Health Department Building Parking Lot fV 00 TOTAL PROPOSITION NO. 6 (PUBLIC HEALTH IMPROVEMENTS): Ln O O N M r-1 0 0 ui N 0 m LA M L1i N PROPOSITION NO. 7: PUBLIC SAFETY IMPROVEMENTS 4 0. N O O N Vehicle Impound Yard and Garage - Phase 2 O N TOTAL PROPOSITION NO. 7 (PUBLIC HEALTH IMPROVEMENTS): SNOIJ.VO01' IO tO Q O tO Q O O m O O) m 00 O O O O O CO m N t/)- t/)- un 1r) m N t/} t/} lO t/} t/} lO 00 O m N m t/} t/} 00 m t/)- Q m N tto tto too tto tto too m t/} t/} o O Q) to to N PROPOSITION NO, 8: ECONOMIC DEVELOPMENT PROJECTS O t/} t/} t/} t/} u-) ri rl Lt) O N lO LP) t/} t/} O O �o t/)- m �n tn- ri t/- 15 rJ, w — L co SeaTown Pedestrian Improvements Wastewater E 0 cti 2 Sub -Total Utilities North Beach Area Road Improvements & Area Beautification Wastewater E 0 cti cry 2 Sub -Total Utilities is) t/} Q N m 00 t/)- t/_ O 00 0) d• O O LP) If) d• N t/} t/} m 00 N N m In t/} 0 00 1J) Q .C/N. 1- m t t ors ors d- a- N t/} t/} o m 0 O t 0 t0 O O O rl ri II) N N t/} t/} t/} t/} th Shoreline 0 z hi N co 0 Gj i ▪ W R Y R3 i CU cu m i i i ✓ .a • i m fa ▪ R 0. O ajj Z OC m Wastewater O O O O O O O O 0o tor)- tors tor)- tor)- tors tors o0 Lf) Lf) r-I r-I t/} t/} O O 0 0 0 0 0 0 t/} t/} Developer Participation Wastewater O N m C7 2 Sub -Total Utilities �0 m m t/_ tor)- tors tors tors 01 01 N 00 00 O N N t/} Q l0 t/} t/} l0 00 lO t/} O t/} Q O t/} t/} O O �n m m oo N ri ri m t/"- t/,- a aj cu c▪ o N County Road 52 Extension (CR69 to FM 1889) Lin Wastewater O N cti 2 Sub -Total Utilities O L/) O t/ } t/ - N m N tr} tr} Q_ tr} Cl CO O m Cl al t/O? v)? LD LD N Q Q rl N d' t/} t/} t/} t/} 00 .m—i . —i lc) 00 vim? 00 CO N Q Q Q Q N O Cr 00 O t/} t/} O O 00 rl t/} Lf) N Lf) t/} t/} t/} t/} t/} L l0 N N 0 0 0 L) N Ln m 0 tn- J)- h O) 00 o m t!} t!} t!} tn- Ln 7r O O m h N O N tn- tn- Ln m m Ln to to tn- tn- o (S0 0 0 0 r, r, m N r tP} t!} lO lO to tn- Cr) Cr) N t/? t/? tn- /? M 00 G Ln l0 O O Ln 1J) D r-I lO rl ti - tn- Ol O) m N oo m on t/? t/? N m c-I t!,- if} t!} rl tn- 0) Wastetivater L PROPOSITION NO. 8 Wastewattlit 0 N C Sub -Total Utilities Sub -Total Project TOTAL PROPOSITION NO. 8 (ECONOMIC DEVELOPMENT): m 0 o0 0 0 to co m d- N CO 00 l0 O to rt N Lr) d- O O1 N l0 m Lf) l0 .- 1 CO Ol CT) N ri ri N O to ri o0 m N 00 l0 N t/} in N t!} t/? i)- -1 dr tr {rF t/} i!} Ln O co m Li") N N N N N N N O Ol CO Lt 0 N l0 N N cr 01 M Ln CO b Ln o0 O N CO m N N 111 Lr) c-1 N Ln m cr t/} t/} i-I 1- (-- t!} t!} t!} m tr)- t!} -1 N Lr) m 0 Lr) CO L ) Ln m ri Ln ct O1 'i' to 0 111 07 ri N l0 co Ol Ol Lr) N L0 0 CO N CO CO O N -CO- t/} CO l0 N d tn- c- m ri .-1 LD O ri in- -Cr)- ry if)- tr)- trr trr m th tr)- 0 0 0 0 0 CO CO l0 d m 01 01 0 0 N Ol c-1 Ln d- co N c-1 N m d 0 Cr r-1 0 01 O VD l0 N N 01 l0 m Lri 00 00 R R t/} d' N LO c--1 in- t/)- 00 t/)- L)- N m IA- V)- t!} t!)- t/} rl t!)- - PUBLIC HEALTH AND SAFETY PUBLIC FACILITIES Sub -total Bond 2012 WATER CIP O O O O U V U V Ct W- FW- a e aa" 33 3 ° Sub -total Utilities J H AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 20, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Accepting and appropriating the FY 2011 Operation Stonegarden Grant Program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503.28 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503.28 in the No. 1061 Police Grants Fund. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Nueces County Sheriff's Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriff's Office, with the assistance of the police departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate within the Rio Grande Valley. The Police Department will work 2,400 hours of overtime and purchase 1 fully equipped Chevy Tahoe and surveillance equipment. Each month, officers timesheets, signed overtime sheets, and worksheets will be provided to Nueces County who in turn will submit the reimbursement paperwork to FEMA, they will review it and send the check to Nueces County. The Nueces County's Accounts Payable division will process payment to City of Corpus Christi. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $245,503.28 $245,503.28 BALANCE $245,503.28 $245,503.28 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $245,503.28 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $245,503.28 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $245,503.28 from Nueces County for funding eligible under the FY2011 Department of Homeland Security Grant Program Operation Stonegarden to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State HY44. SECTION 2. That $245,503.28 is appropriated in the No. 1061 Police Grants Fund. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Choit),011g 27D, Texas Department of Public Safety Date of Award May 14, 2012 2011 Sub- Recipient Agreement for Nueces County RECEIVED JUN 0 5 1017 1. Sub - Recipient Name and Address 2. Prepared by: Paynter, William GT I 3. Award Number: 11 -SR 48355 -01 Judge Samuel L. Neal, Jr. Nueces County 901 Leopard Street, Room 303 Corpus Christi, TX 78401 4. Federal Grant Information Federal Grant Title: Homeland Security Grant Program Federal Grant Award Numben EMW- 2011 -5S -0019 Date Federal Grant Awarded to TxDPS: September 1, 2011 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate 5. Award Amount and Grant Breakdowns OPSG Award Amount (Federal) CFDA: 97.067 $818,344.00 NOTE: Match requirement details can be found in the federal guidance for the grant named In Box 4 above. Grant Period: FROM: Sep 1, 2011 TO: Aug 31, 2013 (The SAA Must receive all Invoices by the end of grant period) 6. Statutory Authority for Grant: This project is supported under the Department of Homeland Security Appropriations Act of 2010 (Public Law 111 -83). 7. Method of Payment: Primary method Is reimbursement. 8. Debarment /Suspension Certification: The Sub - Reciplent certifies that the sub - recipient and its contractors /vendors are not debarred,suspended, proposed for debarment,en_US declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov.2.8.9029.0 9. Agency Approval Approving TxDPS Officials Machelle Pharr, Deputy Assistant Director State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 77(.4 10. Sub - Recipient Acceptance I have read and understand the attached Terms and Conditions. Type name and title of Authorised Sub - Recipient official: Samuel L. Neal, Jr. Nueces County Judge Signature of Sub - Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 74- 6000585 DUNS #078495025 12. Da Signed 13. DUE DATE: Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. U.S. Department of Homeland Security Bureau of Customs and Border Protection Operations Order Report Op Order Name: FY2011 OPSG TX Nueces County Op Order Number: 12- MCAMCA -04 -001 Version 0 Op Dates: From: 10/1/2011 to: 8/31/2014 Report Date: 4/9/2012 Executive Summary The Nueces County Sheriff's Office has qualified and applied for funding through Operation Stonegarden. The county was identified as an integral part of the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. Approved funding through OPSG will be used to enhance enforcement efforts along routes of ingress and coastal waterways. The county's participation will achieve border control by establishing a substantial probability of apprehension through improved enforcement, improved rapid mobility and intelligence driven resource deployments. Additionally, the county will involve a number of collaborators to assist in the stated mission of OPSG and will promote a collaborative enforcement effort that extends our border outward while strengthening a defense in depth posture. I. SITUATION A. General Situation: Nueces County is located within the area of responsibility of the Rio Grande Valley Sector, Corpus Christi Border Patrol Station (RGV /CCT). The County's jurisdiction includes a number of ingress /egress routes that lead to and from the immediate border area. Additionally, the County's jurisdiction includes a number of coastal waterways. These waterways include the Port of Corpus Christi, the Port Aransas and Packery Ship Channel along with a number of other potential landing sites for foreign born vessels. Nueces County is located between Kleberg and San Patricio Counties. It is has a population of approximately 325,000 persons and staffs a Sheriff's Office that is comprised of more than 300 employees. The county includes the following incorporated cities within its jurisdiction: Corpus Christi, Port Aransas, Robstown, Driscoll, Banquete, Agua Dulce, Petronila, and Bishop. The Sheriff's Office maintains a working relationship which each of the city Police Departments as well as with the Nueces County Constables Offices in Precincts 1,2,3,4 and 5. As a participating entity with Operation Stonegarden, Nueces County Sheriff's Office, with the assistance of the Corpus Christi, Robstown and Driscoll Police Departments and the Nueces County Constables of Precinct 3 and 5, will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U.S. Highway 77 and State Highway 44. Intelligence information, to include prior statistical data, indicates that these are the two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The participation of these agencies, made possible by funding through OPSG, will significantly impact the ability of criminal organizations to operate within the Rio Grande Valley, Corpus Christi Border Patrol Station area of responsibility. The enhanced enforcement posture will strengthen border security by providing a stronger defense in depth mechanism. B. Terrain/Weather: The unincorporated areas of Nueces County aside from the municipalities consist mainly of farm and ranch lands, as well as open highways. Weather is normally hot and humid. The threat of natural disasters such as hurricanes and tornadoes exist during the Gulf /Atlantic hurricane season, which runs from June to November. C. Criminal Element: A number of individual, as well as organized criminal enterprises operate in and around Nueces County. The major thoroughfares, that include Interstate 37, State Highways 77 and 44, offer an immediate and direct route from the international border to locations within the interior of the United States. These routes provide direct access to major U.S. cities such as San Antonio, Dallas and Houston. It is widely known that these cities serve as distribution locations for both human and narcotic smuggling loads. Additionally, intelligence information indicates that the coastal waterways in and around Nueces county are experiencing an increase in smuggling activity. This information is corroborated by an increased number of narcotics being found along the shorelines. D. Friendly Forces: FEDERAL U.S. Border Patrol, Corpus Christi Station Customs and Border Protection Air and Marine Operations Immigration and Customs Enforcement Federal Bureau of Investigation Drug Enforcement Administration Alcohol, Tobacco, Firearms and Explosives U.S. Marshal's Service U.S. Park Service STATE Texas Department of Public Safety Texas Parks and Wildlife LOCAL Corpus Christi Police Department Robstown Police Department Driscoll Police Department Nueces County Constable's Office Precincts 3 and 5 II. MISSION The mission of the Nueces County Sheriff's Office is to provide an enhanced enforcement capability within specific areas and choke points in the County's jurisdiction that will substantially increase the probability of identification and /or apprehension of criminal elements operating within the same. The Sheriff's Office will accomplish this mission by working with identified collaborators that include the U.S. Border Patrol, the Corpus Christi, Robstown, and Driscoll Police Departments and the Nueces County Constable's Office of Precincts 3 and 5. Funding obtained through OPSG will be utilized to accomplish a high visibility enforcement presence that will detect, deter and /or interdict criminal and /or terrorist activity occurring in and /around Nueces County. This will be accomplished through utilization of overtime as a force multiplier and acquisition of specialized equipment. III. EXECUTION A. Management /Supervisor Intent: Nueces County and its collaborating local agencies will enforce local /state laws within their jurisdiction and will not enforce immigration laws on behalf of CBP /Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security. Through collaboration with participating agencies, targeted areas of the county will increase the capability to prevent, protect against, and respond to border security issues. The collective collaboration of the participating agencies will provide an opportunity for intelligence based operations and further refinement of deployment strategies. B. General Concept: Through OPSG approved funding, participating agencies will enhance their current deployment capabilities through expenditure of overtime and equipment acquisition. Deployment strategies will be adjusted based on intelligence information and historical data that supports the need for increased operations within certain areas of the county. Intelligence liaisons between the U.S. Border Patrol, Corpus Christi Station and the participating agencies, will facilitate the exchange of information to ensure resource deployments are consistent with current and developing intelligence information. The Operation will center its efforts around the prevention, detection and interdiction of crimes and criminals who have a border security nexus. Operation Stonegarden does not authorize extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws. When Federal immigration violations are encountered, state and local agencies may refer those violations to the Border Patrol for appropriate action. C. Specific Responsibilities: * Nueces County Sheriff's Office: Consistent with the guidelines required by OPSG, the Nueces County Sheriff's Office has developed an operational plan that utilizes overtime expenditures and equipment acquisition to enhance enforcement efforts throughout strategic locations of Nueces County. The plan was developed in collaboration with the U.S. Border Patrol, Corpus Christi Station. The Nueces County Sheriff's Office will be specifically responsible for providing enforcement enhancements in rural areas of the county that fall outside the defined jurisdictions of other participating agencies. Nueces County Budget Requirements to fulfill Specific Responsibilities: The Nueces County Sheriff's Office estimates that its officers will work 10,000 hours of overtime to fulfill Operation Stonegarden objectives. The average overtime Rate for the officers is $25.00 per hour and the benefit rate is 17.56% (FICA /Medic 7.65 %; Retirement 9.91%) The five (5) Chevrolet Tahoe's requested will be used in support of OPSG. The vehicles will be equipped with police packages at a cost of $21,075.00 each. Additional supplemental equipment will include radars, video systems, window tint meters, laptops, converter, software, consoles tuflock SUV boxes, push bars, window guards and foldout seat belt cutters for each truck and new digital radios to communicate with the surrounding agencies. Nueces County Sheriff's Office Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation $128,320.00 or 19% of total NCSO $126,876.00 or 19% of total NCSO • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation $124,788.00 or 18% of total NCSO $ 43,900.00 or 7% of total NCSO $250,000.00 or 24% of total NCSO *Nueces County Constables, Precinct 3: Precinct 3 is located on the southern border of Nueces County and consists of an area of 185 sq. miles that encompass the cities of Bishop, Driscoll and Petronila, as well as numerous subdivisions and colonias. The Nueces County Constable Pct 3 office currently maintains four (4) full -time deputies whose primary duties are Patrol, Civil Court Process and Warrants, as well as CID and Narcotics. The cities of Driscoll and Bishop maintain their own Police departments. The area of responsibility consists mainly of farm and ranch lands as well as open highways. The major thoroughfares that run through Precinct 3 are US 77 from North to South, FM 70 running both North to South and East to West, and FM 665, which runs East to West. All of these roads have been known to be routinely traveled highways for illegal activities such as drug smuggling and human trafficking. The Nueces County Precinct 3 Constable's Office will and has worked with the United States Border Patrol and Texas Department of Public Safety as well as other Police agencies in our areas to combat illegal activities occurring within our area of responsibility. The Precinct has experienced a high volume of illegal human trafficking, mainly on US 77 and FM 70 as well as narcotics smuggling and money laundering. This is due to the fact that Precinct 3's main thoroughfares lead directly away from the immediate border and connect to other egress routes that facilitate entry into the United States. *Precinct 3 Budget Requirements to fulfill Specific Responsibilities: The Nueces County Constable Pct. 3 Office will expend a total of 2,496 hours of overtime. The average overtime rate for the officers is $24.00 per hour and the benefit rate is 17.56% (FICA /Medic 7.65 %; Retirement 9.91%). The two vehicles requested (Chevrolet Tahoe) will be used in support of the OPSG initiative. The unit is requested to be equipped with a police package and laptop which is standard equipment for the existing fleet. Additional supplemental equipment will include radars, video systems, laptops, converter, software, consoles tuflock SUV boxes, leg irons and spike system for each truck and new digital radios to communicate with the surrounding agencies. Nueces County Constable's Office PCT 3 Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation $ 26,000.00 or 11% of total NCCO PCT 3 $ 54,030.00 or 23% of total NCCO PCT 3 • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation $ 89,408.00 or 37% of total NCCO PCT 3 $ 10,519.00 or 4% of total NCCO PCT 3 $ 59,904.00 or 25% of total NCCO PCT 3 Nueces County Constables, Precinct 5: Precinct 5 consists of a 320 square mile area and contains the cities of Robstown, Banquete, Agua Dulce, and Bluntzer as well as a number of smaller communities and subdivisions scattered throughout the Precinct. Precinct 5 currently maintains 11 full -time deputies whose duties primarily consist of patrol, civil court process, criminal investigations, and narcotics. Precinct 5 also maintains a substation which is located in Agua Dulce. Major thoroughfares that run through Precinct 5 are Highways 77 (South to North) and 44 (East to West). Both of these highways have been known to be a routinely traveled by smugglers of aliens and /or narcotics. The Precinct 5 Constable's Office will enhance enforcement efforts along these corridors to detect, deter and interdict illegal activities. The Precinct has experienced a high volume of illegal trafficking in and along these highways because they are direct routes leading away from the immediate border area. *Precinct 5 Budget Requirements to fulfill Specific Responsibilities: The Nueces County Constable Precinct 5 Office will expend 2,307 hours of overtime. The average overtime rate for the officers is $26.00 per hour and the benefit rate is 17.56% (FICA /Medic 7.65% Retirement 9.91%). The vehicle requested (1 Chevrolet Tahoe's) will be used in support of the OPSG initiative. The units requested will be equipped with a police package and laptop which is standard equipment for the existing fleet. Nueces County Constable's Office PCT 5 Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation $ 10,050.00 or 7% of total NCCO PCT 5 $ 30,315.00 or 23% of total NCCO PCT 5 $ 23,830.00 or 18% of total NCCO PCT 5 $ 10,533.00 or 8% of total NCCO PCT 5 $ 59,982.00 or 44% of total NCCO PCT 5 Corpus Christi Police Department: The City of Corpus Christi is the largest metropolitan area located within Nueces County. The city's population is estimated at 280,000 persons and the Police Department is staffed with 448 sworn officers. The City of Corpus Christi is situated along two primary corridors leading away from the immediate border area. These corridors are Highway 77 and the Padre Island National Seashore (PINS). Additionally, the city is surrounded by a number of smaller county roads that are adjacent to both Highways 77 and 281. These avenues of egress /ingress are utilized by criminal organizations operating within both the Rio Grande Valley and Laredo, Texas areas. *Corpus Christi PD Budget Requirements to fulfill Specific Responsibilities: The Corpus Christi Police Department will work 5,200 hours of overtime at an overtime rate $48.96. The fringe benefit includes FICA at 7.65% and TMRS at 14.80 %. In addition, the CCPD intends to purchase laser radars, night vision goggles, fiberscope kits, personal tool kits, digital video units and five (5) Crown Victoria's with accessories. Corpus Christi Police Department Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation Driscoll Police Department: $ 52,000.00 or 9% of total CCPD $169,000.00 or 27% of total CCPD $ 84,892.00 or 14% of total CCPD $ 57,156.00 or 9% of total CCPD $254,592.00 or 41% of total CCPD The City of Driscoll is located inside Nueces County and approximately 27 miles from the City of Corpus Christi. Driscoll is located at the intersection of FM 665 and Hwy 77 and has a Police Department composed of three officers. The City of Driscoll is directly located on Highway 77. It provides a stopping point for those who are using FM 665 in an attempt to circumvent the larger cities of Kingsville, Alice and Robstown, Texas. As a result of funding through OPSG, the City of Driscoll will enhance patrols to this area through specialized equipment acquisition and overtime expenditures. *Driscoll PD Budget Requirements to fulfill Specific Responsibilities: The Driscoll Police Department will work 881.25 hours of overtime at a rate of $32.00 per hour. All sworn personnel are eligible to participate in Operation Stonegarden. The FICA benefit is calculated at a rate of 7.65 %. The DPD intends to purchase one (2) 2011 Dodge Chargers with police package. This vehicle is being requested to enhance police patrol coverage along Hwy 77 and along Fm 665. Additionally, the Driscoll Police Department is asking for a fiber optic scope for the purpose of locating hidden contraband. Additional Special equipment of bullet proof vest, radars and MetroCom radios have also been requested. Driscoll Police Department Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation Robstown Police Department: $ 12,200.00 or 8% of total DPD $ 82,600.00 or 57% of total DPD $ 17,264.00 or 12% of total DPD $ 4,323.00 or 3% of total DPD $ 28,200.00 or 20% of total DPD The City of Robstown is located at the crossroads of State Highway 77 and State Highway 44 in the center of Nueces County. Both of these highways are major travel corridors from the United States border with Mexico. Robstown is the second largest city in Nueces County with a population of 12,900 residents. The City of Robstown is surrounded by farm and ranch land with a number of small sub - divisions within a ten mile radius of the city. Robstown has its own police department, which consists of 24 sworn personnel, five dispatchers and two non -sworn office personnel. A total of 12.1 square miles are patrolled by Robstown Police Officers. Assistance is given by officers to other agencies as requested. Robstown has the only dual- certified K -9 in Nueces County. This K -9 Team is requested and utilized by all agencies in Nueces County. The Robstown Police Department intends to use funds from Operation Stonegarden to provide extra patrol and engage in operation activities intended to detect, deter and interdict all criminal and terrorist activity in and around the City of Robstown and in support of other departments within Nueces County. Robstown has a high volume of drug and human smuggling activities along both Highway 77 and Highway 44. These roads have proven to be heavily utilized by criminals associated with alien and drug smuggling activities. OPSG funds will be utilized to enhance patrols in and along these corridors of ingress /egress. *Robstown PD Budget Requirements to fulfill Specific Responsibilities: The Robstown Police Department will expend 1,500 hours of overtime at $34.00 per hour. The number of officers may increase per shift depending on the need for enhanced operations. Total fringe benefits are calculated at a rate of 16.71%. The Robstown Police Department will purchase two (2) Chevrolet Tahoe 4WD with police package. This additional vehicle can be equipped for the special task of highway interdiction and increased law enforcement presence on the highways. Additional special equipment of two vehicle tacking systems, trooper spike system, body worn camcorders, tire scopes, fiberscope kits, thermal imaging camera and weapon lockers have also been requested. Robstown Police Department Expenditure Categories • Fuel /Maintenance: requested allocation • Vehicle Purchases: requested allocation • Special Equipment: requested allocation • Fringe Benefit: requested allocation • Overtime: requested allocation D. Coordinating Instructions: $ 12,500.00 or 4% of total RPD $ 96,760.00 or 34% of total RPD $118,300.00 or 41% of total RPD $ 8.552.00 or 3% of total RPD $ 51,000.00 or 18% of total RPD All participating agencies that are funded by OPSG will coordinate their enforcement efforts with the Corpus Christi Border Patrol Station and the Nueces County Sheriff's Office. OPSG enhancements will be utilized in direct response to known or developing intelligence information provided through liaison with the Corpus Christi Border Patrol Station. Deployment areas identified within this plan are subject to adjustment based on jurisdictional limitations and the nature of the actionable intelligence information received. The Corpus Christi Border Patrol Station will coordinate with the Rio Grande Valley Sector's Border Intelligence Center to establish a statistical tracking method that will be used for performance evaluations and future resource allocations or adjustments to established plans. Plans for adjustment of allocations or major deviations from the established deployment strategies will be coordinated through the Nueces County Sheriffs Office and the Corpus Christi Border Patrol Station along with a representative of the affected adjustment area. IV. ADMINISTRATION /LOGISTICS A. Cost Estimates /Funding Issues: OVERTIME Nueces County Sheriff's Office: 5100 hours Nueces County Constable Pct.3: 1740 Hours Nueces County Constable Pct 5: 1262 Hours City of Driscoll Police Department: 406 Hours City of Robstown Police Department: 1500 Hours City of Corpus Christi Police Department 2400 Hours Total Overtime: FRINGE BENEFITS Nueces County Sheriff's Office: Nueces County Constable Pct.3: Nueces County Constable Pct 5: City of Driscoll Police Department: City of Robstown Police Department: City of Corpus Christi Police Department: Total Fringe Benefits: EQUIPMENT $127,500.00 $40,020.00 $32,820.84 $13,000.00 $51,000.00 $115,200.00 $379,540.84 $22,389.00 $7,243.62 $5,763.33 $1,992.90 $8,523.00 $25,217.28 $71,129.13 Nueces County Sheriff's Office (2) Transmitter kit, receiver kit and home charger $1,000.00 (2) Dailey Wells M7300 two piece Radios $7,600.00 (2) 12 ft. Stop Stick SUV Kits $978.00 (5) Window Tint Meters $938.00 (2) Laptops w/ software and Vehicle Converters $4,500.00 (2) Licenses for Laptops $3,050.00 (2) Cases of (4) Fire Extinguishers for Vehicles $160.00 (2) Consoles $630.00 (2) Triangle Warning Reflectors (3 Pkg) $40.00 (2) Trunk First Aid Kits $86.00 (5) Foldout Seatbelt Cutter $65.00 (2) Tuf -lock SUV Boxes $2,000.00 (2) Anti -theft Systems $200.00 (2) Push bars with Lights $1,500.00 (2) Window Guards $1,000.00 Installation of Radio, Lockbox, Guards, Light bars $2,300.00 Nueces County Constable Pct.3 Patrol Witness PWII Video System Installation of Patrol Witness PWII Video System (2) Kuston Signal Radars Nueces County Constable Pct.5 (2) Laptops w/ software and Vehicle Inverters (2) Licenses for Laptops City of Driscoll Police Department (1) Density Meter (1) Gas tank Search Fiberscope (2) Trunk First Aid Kits (1) Bullet Proof Vest (1) Laser Radar (3) Metro Com Radios w/ Installation City of Robstown Police Department (2) Kingsville Tire Scopes (2) CESCO Fiberscope Kits (10) Weapons Lockers (20) Body Worn Camcorders (1) Thermal Imaging Camera City of Corpus Christi Police Department 3Fv Series LED Fiberscope Insp Kit w/ Camera (3) Personal Tool Kits for Inspections (3) Telescoping Mirror Flashlights (3) BUSTER K910B Contraband Detector Kits VEHICLES $19,950.00 $1,625.00 $8,084.00 $4,500.00 $3,050.00 $6,500.00 $12,000.00 $150.00 $800.00 $3,300.00 $7,314.00 $6,800.00 $31,000.00 $9,000.00 $3,245.16 $5,000.00 $16,000.00 $650.00 $550.00 $19,000.00 Nueces County Sheriff's Office (2) Chevrolet Tahoe Police Package W/ spotlight $49,000.00 City of Corpus Christi Police Department (1) Chevrolet Tahoe Police Package with avl and Computer and Radio System VEHICLE EQUIPMENT Nueces County Sheriff's Office Vehicle Graphics and Emblems Siren, Light bars, Speakers, Brackets and Kits Prograd Partition %2 Sliding Window Lower Expansion and Recesses Panels CPU Mount Tahoe $36,500.00 $800.00 $9,000.00 $3,250.00 $1,000.00 $1,125.00 City of Corpus Christi Police Department Vehicle Graphics and Emblems $382.00 Low Profile Emergency Lights $1,500.00 City of Driscoll Police Department Siren, Light bar, Speakers, Brackets and Kits $8,000.00 VEHICLE FUEL Nueces County Sheriff's Office: Nueces County Constable Pct.3: Nueces County Constable Pct 5: City of Driscoll Police Department: City of Corpus Christi Police Department: Cost Estimates: General Cost: OT Cost: $367,674.03 $450,669.97 Total Cost: $818,344.00 B. Travel: None C. Lodging: None D. Reception of Detailed Personnel: None E. Uniform and Equipment: None F. Special Equipment: G. Alien Processing: $21,759.00 $10,000.00 $2,966.00 $4,227.19 $30,504.00 Alien Processing will be coordinated with the Kingsville Border Patrol Station. H. Medical: Medical emergencies will be coordinated as per local protocol. I. Detention /Transportation: Alien detention and transportation will be coordinated with the Kingsville Border Patrol Station. J. Vehicles: None V. COMMAND /CONTROL /COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. Operations Orders for specific Stonegarden enforcement efforts will be approved by the Chief Patrol Agent, Rio Grande Valley Sector, followed by Office of Border Patrol and FEMA prior to funding. B. Unit Command: Border Patrol: CPA Rosendo Hinojosa 956- 289 -4800. Nueces County Sheriff: Sheriff Jim Kaelin, 361- 887 -2222 Nueces County Constable PCT 3: Jimmy Rivera 361- 387 -7211 Nueces County Constable PCT 5: Dionicio Yassi 361- 767 -5204 Corpus Christi PD: Wayne Tisdale 361- 886 -2683 Driscoll Police PD: Chief Joe Tamez 361- 387 -3011 Robstown PD: Johnny Brown 361- 387 -3511 C. Communication Details: The Nueces County Sheriff's Office and all participating local law enforcement agencies are members of MetroCom. MetroCom is a centralized 911 PSAP and dispatching center for the City, Sheriff and Constables. MetroCom utilizes an 800 Mghz trunked system and supports instant unified command operations. State and Federal Law Enforcement agencies within the region have been provided with mutual aid communications as well. D. Map Coordinates: Notes: Degrees : Minutes : Seconds Decimal Location Zone: ANNEX A. Administration Annex: Longitude Latitude 97:49:41 27:30:3 - 97.8281 27.5007 All involved agencies will meet a minimum of once per month. The monthly meetings will give all agencies an opportunity to plan and coordinate logistics including assigning highway routes to participating agencies in order to avoid duplication of services and maximize the area covered. Monthly progress statistics will also be presented and reviewed at this time. Any other concerns can be discussed and addressed during the meeting. In between meetings, communication will be maintained by conference calls, emails and facsimile updates. Field communications will primarily be by radio with the agencies sharing our frequency group and with the other agencies by using the interoperability capabilities of the radios requested for this operation for agencies which do not share our frequency group. B. Execution Annex: Operational deployments will be conducted utilizing each participating agencies own chain of command. Daily assignments and other enforcement activities will be subject to each agencies respective rules, regulations and policies. Uniformed and regular intelligence briefs will be conducted on an as needed basis to ensure mission integrity and appropriate resource adjustments. Administrative execution will be the responsibility of each agency's appointed representative to OPSG. These individuals will be responsible for conducting internal reviews and records maintenance that may be required in any subsequent audit. C. Communication Annex: N/A Media Action Plan: USBP -RGV Sector Public Affairs Officer (PAO) has the lead on all Public Affairs activities. Each participating agency must coordinate all Public Affairs Activities with RGV Sector PAO in order to maintain Mission Operation Security. All Border Patrol inquiries will be directed to the Rio Grande Valley Sector Public Affairs Office (956) 289 -4850. State /Local agencies will manage media inquiries as indicated by their individual departmental policies. Legal Review: All matters will be referred to the CBP Counsel. Risks: No risks have been associated with this Op Order. Photos: No photos have been associated with this Op Order. AGENDA MEMORANDUM First Reading for the City Council Meeting of December 11, 2012 Second Reading for the City Council Meeting of December 18, 2012 DATE: TO: Ronald L. Olson, City Manager November 19, 2012 FROM: Michael Morris, Director, Parks and Recreation Department 361- 826 -3494 MichaelMo@cctexas.com FY13 Grant appropriation for Meals on Wheels, Title XX CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. PURPOSE: To accept and appropriate the State reimbursement grant funds for the Title XX Meals on Wheels program. BACKGROUND AND FINDINGS: The Title XX grant is made available through the Texas Department of Aging and Disability Services for the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is October 1, 2012 through September 30, 2013. This is a reimbursement grant. Meal service is initiated by referrals. The Texas Department of Aging and Disability Services will reimburse the City of Corpus Christi at a rate of $4.95 per unit of service. The Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well - balanced noon meal to homebound and /or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We served approximately 50,235 Title XX Meals on Wheels service units during fiscal year October 2011 through September 2012. ALTERNATIVES: Reject the grant award and contract. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate State grant funds. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $248,663.25 $248,663.25 BALANCE $248,663.25 $248,663.25 Fund(s): Grant Fund 1067 Comments: NA RECOMMENDATION: Staff recommends appropriation of the grant from the Texas Department of Aging and Disability Services for the Senior Community Services, Title XIX and Title XX Meals on Wheels (MOW) Program. LIST OF SUPPORTING DOCUMENTS: Texas Department of Aging and Community Services Contract Amendment Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services, Title XX Meals on Wheels Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $248,663.25 grant awarded by the Texas Department of Aging and Disability Services for the FY 2013 Senior Community Services Title XX Meals on Wheels Program. Section 2. That the $248,663.25 grant from the Texas Department of Aging and Disability Services is appropriated into the No. 1067 Parks and Recreation Grants Fund for the FY 2013 Senior Community Services Title XX Meals on Wheels Program. Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor I*J'T EXAS Department of Aging and Disability Services September 25, 2012 Certified Mail — 7011 2000 0001 9781 5509 Return Receipt Requested Michael Morris City of Corpus Christi Senior Community Services P.O. Box 9277 Corpus Christi, TX 78469 INT[RIM COMMISSJONot Jon Weizenbaurn Re: Approval of Amendment Number 11 -6 for Contract Number(s) 167400 Home Delivered Meals Dear Mr. Morris: Enclosed is an original signed contract amendment from the Department of Aging and Disability Services (DADS), along with other information regarding an amendment for the above - referenced program(s). The effective date for this amendment is October 1, 2012. If you have any questions about your Home Delivered Meals contract in Region 11 or any questions regarding this letter, please contact Teresa Saenz, Contract Manager at 956- 316 -8141. Sincerely, Teresa Saenz Contract Manager Contract Division Enclosures 701 W. 51st St. * P.O. Box 149030 * Austin, Texas 78714 -9030 * (512) 438 -3011 * www.dads.state.b .us An Equal Opportunity Employer anc! Provider Form 5887, 09 -2012 and Disability Services State of Texas § County of Travis § Community Services Contract Amendment Section 1. Contractor Information rurrm September 2011 Legal Name of Entity (Contractor) City of Corpus Christi Contract No. 167400 Contract Type CCA© HDM Doing Business As (d /b /a) Name, if applicable Senior Community Services Amendment No. 11 -6 Region No. 11 Address of Contractor (street, city, state, ZIP) P.O. Box 9277, Corpus Christi, TX 78469 Waiver Contract Area Nueces Component Code HCS Section 2. Change Information The Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above agree to amend contract number 167400 as follows: Check all applicable changes: ❑ The following provision is added to the contract: The Department represents the Health and Human Services Commission (HHSC), the Texas Medicaid agency, for any Medicaid services provided under this Contract. The Department, as the representative for HHSC, administers community services programs under Title XIX, including Section 1915(c); Title XX of the Social security Act; and Title 2, Texas Human Resources Code. ❑ The following provision is added to the contract. The Contractor agrees: To screen its employees and contractors to determine whether they have been excluded from participation in Medicare, Medicaid, the State Children's Health Insurance Program and all federal and state health care programs. The Contractor agrees to search monthly the U.S. Department of Health and Human Services Office of the Inspector General (HHS -OIG) and Health and Human Services Commission - Office of the Inspector General (HHSC-01G) List of Excluded Individuals /Entities (LEIE) websites to capture exclusions and reinstatements that have occurred since the last search and to immediately report to the HHSC-01G any exclusion information the contractor discovers. Exclusionary searches for prospective employees or contractors shall be performed prior to employment or contracting. The Contractor also acknowledges and agrees that no Medicaid payments can be made for any items or services directed or prescribed by an excluded physician or other authorized person when the individual or entity furnishing the items or services either knew or should have known of the exclusion. This prohibition applies even when the Medicaid payment itself is made to another provider, practitioner or supplier that is not excluded. ❑ The following provision is added to the contract. The Contractor agrees: That in accordance with 42 CFR §455.23, the Department shall suspend all Medicaid payments to the Contractor upon notification by HHSC -OIG that a credible allegation of fraud under the Medicaid ,..,,.pr.,ograrn i.s . pending against the Contractor, unless the Department has good cause not to suspend the 1p6yinerits dr to sus`perid,the payments only in part. „It S E P i 0 2012 COA \t 311 Nr) COUNCIL. OF GQV1;RNMfNTS rorm 3254 -A Page 2I 09 -2011 Section 2. Change Information (continued) ® The following provision is added to the contract. The Contractor agrees: That except as provided in the paragraphs below, the Contractor must not use the Department's name, the state of Texas or refer to the Department or the state directly or indirectly in any media release, public announcement or public disclosure relating to this contract or its subject matter, including, but not limited to, in any promotional or marketing materials, customer lists or business presentations (other than those submitted to the Department, an administrative agency of the state of Texas, or a governmental agency or unit of another state or the federal government). The Contractor may publish, at its sole expense, results of Contractor performance under this contract with the Department's prior review and approval, which the Department may exercise at its sole discretion. Any publication (written, visual or sound) will acknowledge the support received from the Department and any federal agency, as appropriate. The Contractor will provide the Department at least three copies of such publication prior to public release. The Contractor will provide additional copies at the request of the Department. The Contractor may include information concerning this contract's terms, subject matter and estimated value in any report to a governmental body to which the Contractor is required by law to report such information. ❑ The following ❑ counties ❑ MRAs are added to the contract referenced above. ❑ The following ❑ counties ❑ MRAs are deleted from the contract referenced above. ❑ The list of covered counties in Section 3 of this amendment is adopted by the Department and the Contractor and represents the full listing of counties served as a result of this amendment. ❑ The attached Form 3691 -A, Service Area Designation HCS, TxHmL, CDS and TAS, replaces and supersedes, in its entirety, the Contractor's previously submitted Form 3691 -A. ® Other Contractor will provide 50,235 units of Title XX Community Care for the Aged and Disabled /Home Delivered Meals for October 1, 2012 through September 30, 2013 (budget period). The unit rate for each meal is 4.95 , and the approved budget for the budget period is 248,663.25. The approved budget is reflected in the attached Form 2029, Information Sheet, Purchase of Service Contract, which is incorporated into this amendment. The geographical area covered by this contract is Corpus Christi, Texas. ® Other The Home Delivered Meals provider will serve meals in alternate format (frozen, chilled or shelf - stable) and /or deliver on fewer than five days per week. The alternate delivery terms for the period October 1, 2012 through September 30, 2013 are described on the attached Home Delivered Meals FFY 2013 Waiver Description (Form 2027). ❑ Other Other: Contractor will provide Title XIX Community Based Alternatives /Home Delivered Meals for October 1, 2012 through September 30, 2013 (budget period). The Title XIX meals will be paid at the rate of per unit. The geographical area covered by this contract is , Texas. This Amendment is effective October 1, 2012. rorm 3404 -A Page 3!09 -2011 Section 2. Change Information (continued) The marked changes are adopted by the Department and the Contractor as an amendment to the above - referenced contract effective the date signed by the Department representative, unless otherwise indicated above. All other terms and conditions of the referenced contract remain in full force and effect. Department of Aging and Disability Services Signature — Department Representative Date Name of Department Representative (Print or type) Paul T. Ebrom Title of Department Representative (Print or type) Community Services Regional Director Legal Approval Legal Name of Contractor City of Corpus Christi `3 / /1,2 Signature—Contracto Representative Date Name of Contractor Representative (Print or type) Michael Morris Title of Contractor Representative (Print or type) Director, Parks & RecreationsM Community Services Contract Amendment Type of Contract Home Delivered Meals Legal Name of Contractor City of Corpus Christi Contact Person Elsa Munoz Contract No. 167400 Amendment No. 11 -6 ran IF/ 3L3.i•44 Page 4 / 09 -2011 Region No. 11 1 Area Code and Telephone No. 361 -880 -3150 Section 3. List of Covered Counties The counties listed below, effective with this amendment, are covered by this contract. These counties are on file with the DADS Home and Community Support Services licensing division for the appropriate category of licensure and are located in the DADS region listed above. Nueces (178) County Name County Name County Name Date Form Completed: 9 -7 -12 1 exas uepai uwin ui raging and Disability Services Contract/Vendor Number 1674 SECTION CONTRACTOR DATA Legal Name City of Corpus Christi Commonly Used Name (if different) Senior Community Services Address (Street, City, State, Zip) P.0, Box 9277, Corpus Christi, Texas 78496 Person Authorized to Sign Contract Michael Morris Charter Number Employer ID Number 17460005471 Information Worksheet Purchase of Service Contract Region Number 11 Form 2029 October 2002 County Number 178 Title Director, Parks & Recreation Contract Person Elsa Munoz Title Superintendent Ownership ® Public Contract Effective Date 10/0112012 Contract Termination Date open -ended Area Code and Telephone Number (361) - 880 -3150 ❑ Non- profit ❑ Profit Area Code and Telephone Number (361) - 880 -3150 SECTION 11— SUMMARY OF PAYMENT (Enter estimated information in this section.) Effective Payment Dates 10/01/12- 09/30/13 Budget Name Title XX Budget Number Unit Rate 01 4.95 Estimated Number Eligible Units 50,235 Estimated Contract Total Percent of Contract SECTION III .. SERVICE Estimated Local Funds _ __ Estimated DADS Funds Estimated Budget Amount $0.00 248,663,25 248,663.25 $0.00 $248,663.25 $248,663.25 0 100% Program Activity Name Long Term Care - Community Care for the Aged and Disabled Service Activity Name Horne Delivered Meals SECTION IV — CLIENT DATA Code 7 Code 25 1. Client Categories to be Served (check all that apply) ® Current TANF ® Current SSI ❑ NPA Food Stamp Recipient ® Other Income Eligible ❑ Without Regard to income 2. Total Number of Client to be Served ® Per day ❑ Per week 4, Unit of Service 5. Units of Service to All Clients Meals 144,855 ® MAO Income Eligible ❑ Ineligible ❑ Per month 3. Number of Eligible Clients io be Served ® Per day ❑ Per week ❑ Per month 7. Geographical Area Served Nueces County (City of Corpus Christi) 9. Basis of Payment ❑ Reimbursement 6. Number of Units of Service to Eligible Clients 50,235 8. Goals (check all that apply) ® I ® 1I ❑ 1I1 ® iv ❑ v Fixed Unit Rate ❑ Cost Reimbursement ❑ Schedule 10. Estimated Amount of Co -Pay (day care and family planning only): N/A 1 1 2 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 8/31/2012 3 :43 PM Submission # Department of Aging and Disability Services Uniform Rate Negotiation Workbook /Budget Federal Contract Period: 10 -01- 12109 -30 -13 Common Provider Nutrition Providers Legal Business Name: City of Corpus Christi Street Address: 1201 Leopard Mailing Address: 1201 Leopard City: Corpus Christi, TX Zip Code: 78401 Phone Number: 361 - 826 -3150 E -mail Address: elsam@cctexas.com Contact Name: Elsa Munoz Nutrition Providers website address: cctexas.com #4 8/3/12 Did this Nutrition provider complete a rate setting workbook last year? Yes If Yes what was the provider name listed on the workbook? City of Corpus Christi Is the Provider a AAA Provider? Yes If Yes, select the AAA Name: Area Agency on Aging of the Coastal Bend If Yes, contact name at AAA: Betty Lamb If Yes, is it a contract or vendor relationship? Contract Is the Provider a DADS Community Services Provider? Yes If Yes, Contract Manager name at DADS Community Services: Teresa Saenz If Yes, select the DADS Region Number: Region 11 If Yes, enter the DADS contract number: 167400 Service Delivery Information Horne Delivered Meals Does this Nutrition provider serve home delivered meals paid for by DADS or the AAA? Yes Does this Nutrition provider have an approved Home Delivered Nutrition Waiver for 2012? Yes Is this Nutrition provider requesting a Home Delivered Nutrition Waiver for 2013? Yes Total number of home delivered meal routes for this provider: 11 Total number of meal preparation sites used by this provider: 1 Congregate Meals Does this Nutrition provider serve congregate meals paid for by the AAA? Yes Does this Nutrition provider have an approved Congregate Nutrition Waiver for 2012? No Is this Nutrition provider requesting a Congregate Waiver for 2013? No Total number of meal preparation sites used by this provider: 1 Total number of meal sites used by this provider: 8 sY +x�.eiNdr'^ns.,; 3tx�:-°! :�[�1cxY.l.klfrx.y.�pxi,F^;'c:L S'YA'kY!1,.,k ;V.i!ey.Ar: • SEP102012 COASTAL FNI) COUNCIL OF GoVFP,NMJ :NTS x;ci�l' Y yorN;a ,� - - y. c^ Nviyy, hk5*T:`Rigq' t- f , AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 26, 2012 Ronald L. Olson, City Manager THRU: Eddie Ortega, Director EddieOCcr7cctexas. com 826.3224 FROM: Rudy Bentancourt, CD Administrator RudyB(a�cctexas.com 826.3021 Acceptance of grant award, appropriate funding, and authorize execution of agreements for FY2011/2012 funds for the 2nd Allocation of the Emergency Solution Grant Program. CAPTION: Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. PURPOSE: On September 10, 2012 the U.S. Department of Housing and Urban Development (HUD) approved the FY2011 -2012 Emergency Solutions Grant (ESG) Substantial Amendment from the City of Corpus Christi for a second allocation of ESG funds in the amount of $83,495. With the receipt of the notification of the awarded funds, the City must now accept the award, appropriate the funds and enter into written agreements with the agencies selected to receive the funding. BACKGROUND AND FINDINGS: On January 2012, HUD released a "Notice of the FY2011 Substantial Amendment Process and Other Related Information for Recipients of Emergency Solutions Grants Program Funds ". This notice outlined the steps that would be required for each entitlement receiving a second allocation of ESG funds. Below outlines a summary of the process taken for the Substantial Amendment. April 5, 2012 — City staff met with the Homeless Issues Partnership (HIP) Committee to discuss the upcoming Public Hearing where information would be given April 6, 2012 — Information regarding the Substantial Amendment was published in Caller -Times April 12, 2012 — Public Hearing of the Substantial Amendment at the HIP Committee meeting to discuss funding for the ESG 2nd Allocation May 10, 2012 — City staff met with HIP General Membership to discuss final stages of the Substantial Amendment to HUD and final recommendations for funding May 11, 2012 — End of 30 day Public Comment period May 14, 2012 — Submit ESG FY2011 -2012 Substantial Amendment to HUD for approval September 10, 2012 — HUD approves the FY2011 -2012 ESG Substantial Amendment The ESG 2nd Allocation of funds is an extension of the Homeless Prevention and Rapid Re- housing Program (HPRP) which the City received funding and successfully expended the funding through four agencies. Due to the nature of the activities eligible with the funds, three agencies were determined to have successfully completed the HPRP program. The Substantial Amendment provided to and approved by HUD indicated three agencies would receive the 2nd allocation of ESG funding. The agencies and activities receiving funding are as follows: Catholic Charities of Corpus Christi - $25,000 ($18,000 - Homeless Prevention; $7,000 Rapid Re- housing) Corpus Christi Metro Ministries - $25,000 ($18,000 - Homeless Prevention; $7,000 Rapid Re- housing) The Salvation Army - $25,000 ($18,000 - Homeless Prevention; $7,000 Rapid Re- housing) The City will receive $8,495 for the Administration of the 2nd allocation of funding. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: Council approval is required for acceptance of grant, appropriation of funds, and authorization to execute agreements EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $83,495 None $83,495 BALANCE $83,495 None $83,495 Fund(s): Comments: None RECOMMENDATION: Staff recommends the approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the City Manager, or designee, to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059 for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of $83,495 from the U.S. Department of Housing and Urban Development in Grant Fund No. 1059, for the 2011 Consolidated Annual Action Plan's Emergency Solutions Grant Program. A copy of the documents shall be filed in the Office of the City Secretary. 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: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Nelda Martinez City Secretary Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 26, 2012 Ronald L. Olson, City Manager FROM: Kim Womack, Public Communications Director Ki mw(c� cctexas. com (361) 826-3211 Repeal and amend cable franchise ordinances as a result of state issued cable franchise. CAPTION: Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date, penalties, severance and publication. PURPOSE: To repeal and update ordinances to reflect change in status of municipal cable franchisee to a state issued franchisee leaving no local cable franchise. BACKGROUND AND FINDINGS: In June of 2012, the Federal 51h Circuit Court of Appeals ruled existing municipal cable franchise holders could no longer be held to an existing municipal cable franchise. The City was one of four remaining cities ruled by an existing local franchise held by Time Warner Cable. Time Warner Cable applied for and was granted a state issued cable franchise with the Public Utilities Commission on June 20, 2012 leaving no local cable franchise. The City currently has three state issued cable providers including: Time Warner Cable, Grande Communications and AT &T. The City continues to work through the cable franchise transition with Time Warner Cable. The primary outcomes of the transition from municipal issued franchise to state issued franchise include: • Franchise fees — Remain stable with 5% gross revenues cited in both local and state franchises. Additional 1% fee dedicated to PEG (Public, Education & Government) facilities and equipment. • Customer service standards — Shift to the Texas Public Utility Commission. • PEG channels — Existing channels grandfathered which includes 2 public access, 1 education and 1 government channel. • PEG signal origination — Shifts to City to broadcast to each cable provider. • Public access programming — Shifts to City to schedule and rebroadcast. • Ordinance revisions — Repeal municipal cable franchise to be consistent with state issued franchise and update rules and procedures for public access programming. The final transition of signal origination and public access programming to the City is pending Time Warner Cable notification. ALTERNATIVES: Repeal of ordinances could be delayed based on final transition of signal and public access programming. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: State law overrides existing local franchise. Conforms to City policy. EMERGENCY / NON - EMERGENCY: Non - Emergency with two readings required. DEPARTMENTAL CLEARANCES: Cable Communications Commission Legal Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 0 0 Encumbered / Expended Amount 0 0 0 0 This item 0 0 0 0 BALANCE 0 0 0 0 Fund(s): Comments: Ordinance changes result in no financial implications. RECOMMENDATION: Staff recommends repealing ordinances to reflect granted state cable franchise resulting in no local cable franchise and minor revisions to the ordinance pertaining to public access rules and procedures. LIST OF SUPPORTING DOCUMENTS: Time Warner Cable State Franchise Approval Cable Communication Commission Minutes Ordinance Revisions Ordinance repealing Divisions 1 through 15 of Article XVIII Cable Communications Services of Chapter 55 and amending Chapter 2, Division 17, regarding municipal cable franchises; amending Division 16 regarding public access channels rules and procedures; providing for effective date and publication. Whereas, the State Legislature has enacted new laws which remove ability of municipalities to require municipal franchise to operate a cable system and allowed holders of municipal franchises to cancel their previously existing municipal franchises; Whereas, the State law authorizes the Public Utility Commission of Texas to issue new franchise for cable operators who wish to provide cable service in a municipality; Whereas, the state law requires continuation of public, education and government access channels to be provided by state - franchised cable operator; Now, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That Divisions 1 through 15 of Chapter 55, Article XVIII Cable Communications Services, regarding municipal cable franchises are repealed. Section 2. That Chapter 55, Article XVIII Cable Communication Services, Division 16 is renumbered as Division 1, and is modified to read as follows: DIVISION 16. - MISCELLANEOUS PROVISIONS REGARDING PUBLIC ACCESS CHANNEL RULES AND PROCEDURES The city reserves the right to regulate rates for basic cable service and any other services, offered over the cable system, to the extent permitted by federal or state law. Grantee shall be subject to the rate regulation provisions provided for herein, and those of the Federal Communications Commission (FCC) at 17 C.F.R., part 76.900, subpart N. The city shall follow the rules relating to cable rate regulation promulgated by the FCC at 17 C.F.R., part 76.900, subpart N. (Ord, No, 24929, Art, 16(16,1), 6 -25 -2002) (a) Upon either the expiration (and denial of any requested renewal) or revocation of a franchise, grantor shall have discretion to permit and /or require a grantee to continue to operate the cable system for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A grantee shall continue to operate the system under the terms and conditions of this article and the applicable franchise. 0020_2_Ordinance - Cable Franchise Updates 2 (b) •• • - • e,e: • - •`, - • - • - • •`, that may be provided at that time. The grantor shall have the right to compel continued operation of the cable system • • • e _ • e _ _ e such operation is consistent with public interest as determined by a court of competent jurisdiction. The grantee may not remove equipment or documents necessary for continued operation of the system. (Ord, No, 24929, Art, 16(162), 6-25-2002) The city shall be responsible for the continued administration of this article and all franchise agreements. The city may delegate this authority from time to time. (Ord, No, 24929, Art, 16(16,3), 6-25-2002) Grantee shall not be relieved of its obligation to comply with any of the provisions of this article by reason of any failure of the city to enforce prompt compliance. (Ord, No, 24929, Art 16(164), 6-25-2002) Any dispute arising with respect to this article or a franchise agreement granted pursuant to it shall be subject to review by the state and federal courts sitting in Nueces County, Texas. (Ord, No, 24929, Art, 16(165), 6-25-2002) et • •• • - - • •• • - - • •• :• -tee :e e. with applicable laws now or hereafter in effect, or ie. •11 e e _e.• e e e •••:• • -e• •• • •• • - • - - laws, such provision shall be considered a separate, distinct, and independent part of this article, and, to the extent possible, such holding shall not affect the validity and enforceability of all other provisions hereof. (Ord, No, 24929, Art. 16(166), 6-25-2002) 3 such publication is required or authorized by law. (Ord. No, 24929, Art. 16(16 7), 6 -25 -2002) Sec. 55 -443. - Rules and procedures for public access cablecasting. Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted programs on accepted media, as defined in section 55 -447, will be cablecast by all state - franchised cable operators as provided by State law in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications Commission, with the consent of the City Director of Public Communications Department. These rules may be amended by City Council following recommendation from the Cable Communications Commission and franchised cable operators in the City of Corpus Christi. (Ord, No, 028445, § 1, 12 -15 -2009) Sec. 55 -444. - Rules for participation. Producers must complete and sign an Application for Public Access Cablecasting. By signing the application, the producer states and agrees that the following rules will be observed: (a) (b) (c) (d) (e) All programs must be produced by a producer as defined in section 55 -447 No program shall be of a commercial nature as defined in section 55 -447 No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non - profit status in the state of Texas. Maximum time to request contributions in a program is five (5) minutes. No program shall be transmitted that contains copyrighted material for which proper written clearance or authorization has not been obtained prior to being submitted for broadcast. No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. 4 (f) No program shall be transmitted which contains obscene or indecent material. (g) All programs must include proper program identification as defined in section 55- 447 (h) All programs must be locally produced. In order to be classified as a locally produced program, the program must contain at least twenty -five (25) per cent locally produced original content. (i) Producer must maintain current home and mailing address with PAUG and notify PAUG of change within ten (10) working days of move. Except as otherwise permitted by applicable law, neither the PAUG nor the cable operators will restrict the content of any program. (Ord, No, 028445, § 1, 12 -15 -2009) Sec. 55 -445. - Technical standards and production requirements. (a) [Conformance.] Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not causo -tho be out of compliance with any applicable FCC Technical Standards. (b) Quality. Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. (c) Format. (1) Producers must transfer all programming to accepted media as defined by subsection 55- 447(a). (2) All tapes must be rewound to beginning of tape. (3) As technology changes and formats become more common in the consumer markets, formats may be changed to reflect current market use. The decision to add or delete formats will be made by the Cable Communications Commission from a PAUG and /or the cable operator(s). (d) Labeling. All producers must clearly label their media as follows: (1) On face of the accepted media: 5 a. Title of the program as it appears on the application. b. Production date. (2) On case or sleeve of accepted media: a. Name of individual producer as it appears on the application. b. Producer's telephone number and /or e-mail address. c. Length of program. d. Title of the program as it appears on the producer's application. (2) On the spine of the tape (only for grandfathered programs): a. Title of the program as it appears on the producer's application. (e) Identification. (1) Programs must include the program identification as defined in section 55 -447 (f) Length. (1) All one -hour programs must be sixty (60) minutes in length, including the program identification. (2) All half -hour programs must be thirty (30) minutes in length, including the program identification. (3) Occasional programming beyond sixty (60) minutes (such as high school sporting events) may be included pursuant to rules established by the Cable Communications Commission with consent of the cable operators. (4) Only one (1) program may be recorded on each media submitted. (g) Deadline. Programs on accepted media must be delivered to and picked up from the City Public Communications Department before 11:30 a.m. on the Wednesday prior to the cablecast schedule that begins the following Sunday. Holidays may require deadline adjustments. (h) [Weekly log required.] A weekly log of the schedule list that indicates delivery of media by the producers will be provided to the City Public Communications Department each week when the media is delivered to the City Public Communications Department. (Ord. No 028445, § 1, 12 -15 -2009) Sec. 55 -446. - How programs are scheduled and cablecast. (a) State franchised cable operators The City Public Communications Department shall arrange for e playback of public access programming according to the schedule provided by the PAUG. During initial transition from cable operator to City and any subsequent equipment upgrades, with notice to the PAUG presidents, the Public Communications Department may exercise option to replay previous week of programming instead of new programming for that week. (b) The PAUG receives and schedules programming submitted by series and occasional producers. The PAUG must provide schedules to City Public Communications Department and to the Cable Communications Commission whenever changes are made. 6 (c) Public access for series producers. The PAUG for each channel conducts a biannual public access time slot lottery according to the rules and procedures, and uses those results to develop a public access schedule for that channel. Schedules may be modified as necessary. (d) Time slots. Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi - annual time slot lottery. (e) Each producer may have only one (1) series. (f) Only programs created by producers, as defined in section 55 -447, are eligible to participate in the semi - annual lotteries and to be transmitted as a public access program. (g) Application. No later than the time of the bi- annual time slot lottery each producer must submit a completed public access cablecasting application form approved by the Cable Communications Commission to their respective PAUG Board of Directors. If either home or mailing address should change for any reason, producer shall update within ten (10) working days of change in address, with the correct home and mailing address. Failure to comply can be grounds for removal from the public access channels by the Cable Communications Commission for the remainder of the lottery period or 60 days, whichever is longer. (h) The PAUG Board of Directors will provide copies of applications to the City Public Communications Department and to the Cable Communications Commission no later than two (2) weeks after the time slot lottery is conducted. (i) Access channel (10 or 18) (Note: An individual producer must select one (1) channel for cablecasting of both first -run and repeat showings. Programs cannot be run on both channels.) (j) Lotteries and schedules. There are two (2) lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. (k) Producers will attend the time slot lottery as noted in (1) and (2) below. Two (2) Cable Communications Commissioners who are not producers for the PAUG conducting the lottery will attend each lottery. Lotteries will be conducted as follows: (1) The spring lottery is conducted in the last seven (7) days of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. (2) The fall lottery is conducted in the last seven (7) days of October with the new time slots actually beginning on the first Sunday in December. The PAUG Board of Directors shall determine the day and time of the lottery. (3) The public access time schedule will be broken into thirty- minute intervals. (4) Each producer will randomly draw a lottery number. (5) The lowest number will have the first choice of time slots and continuing until all numbers drawn have picked their first time slot. (6) (A) After all producers have selected time slots for their first run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one (1) repeat cablecast in same or reverse order as the initial time slots were selected. If there are any available time slots after the repeat schedule is established, then the PAUG Board of Directors shall select programming from a rotation list that is based on the 7 primary lottery results, starting with the lowest number, for a third time slot, but only to the extent time slots are available. However, programming submitted after the lottery shall have precedence over third time slots. (B) A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back to back). A program may be cablecast as an original and repeated once in subsequent lottery periods. (7) Producers of monthly programs will have one (1) original cablecast to be repeated each week in the same allotted time slot for the remainder of the month. (8) One (1) lottery will be executed for Channel 10 by the Channel 10 PAUG and one (1) lottery executed for Channel 18 by the Channel 18 PAUG. (I) Public access for occasional producers. Single time slots of lengths as noted above in section 55 -445, Length, will be available for occasional producers on a first -come, first - served basis. Occasional producers must complete a public access cablecasting application prior to the desired cablecasting date and comply with all rules set forth herein. (m) First -come, first - served is determined upon receipt of completed application by member of PAUG Board of Directors. (n) No programs will be scheduled during holidays, unless automated programming allows as determined by City Director of Public Communications Department or designee. (Ord. No 028445, § 1, 12 -15- 2009, Ord. No 029102, § 1, 6 -21 -2011) Sec. 55 -447. - Defined terms. Accepted media. A recorded program on accepted media produced by a public access producer and submitted for cablecasting on public access channels. The term "accepted media" refers to: (1) Audio video CD MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). (2)DVD + R MPEG -2 (with playback standard screen size 720 x 480 and 60 fields per second, audio level 3). Producers grandfathered by the Cable Communications Commission via Resolution approved July 21, 2008 are exempt from this provision, and may continue to submit programs in same formats they were using as of July 1, 2008. Any grandfathered producer that ceases to submit programming for minimum of ninety (90) days loses grandfather status. Cable Communications Commission. The Cable Communications Commission consists of five (5) residents of the city appointed by the City Council. The Cable Communications Commission administers the process for complaints regarding the Rules and Procedures for Public Access Cablecasting. The Cable Communications Commission mediates any disputes brought to it by the PAUG. Commercial programming. 8 (1)Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any commercial business, service or product is prohibited; or (2) Any programming which includes commercial advertising of any kind or that contains lottery or sweepstakes information. The Cable Communications Commission has approved a memo that establishes guidelines concerning the advertisement of commercial products or services in a public access program. Complaints. Communication to the Cable Communications Commission regarding violation of Rules and Procedures for Public Access Cablecasting. Holidays. Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming. Programming created in the Corpus Christi region, or pertaining to locally specific issues, or pertaining to local residents. Producer. Any resident of Corpus Christi, eighteen (18) years of age or older, who has proof of residency which must include a local street residence address, a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the PAUG and must execute an approved application form. A producer, by way of definition, is an individual who meets the above stated requirements and participates in or is responsible for the creation of a local, noncommercial program for the public access channels. If the local, noncommercial program is created by a local organization, such as a church, one (1) person who meets the above requirements must be designated as the producer and will represent the organization with the PAUG. For identification purposes, this person's name will appear on program identification, oithor in video ar -aud+a, and printed on labels. Program identification. The tag at the beginning of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten (10) seconds, in the video at the beginning of each program, or within the first thirty (30) seconds. A tag at the end of the program is optional. Public access channel (sometimes herein "channel'). This is the cable television channel or channels on which public access programs are cablecast. Public access time allocated schedule. The block of time slots allocated to each public access channel that are available and allocated by lottery during the semi - annual time slot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a 9 block of time slots that provide for consecutive programming, without gaps in the programming schedule. Public Access User Group (PAUG). As set forth in the City Code of Ordinances, section 2 -133, membership of the PAUG may be composed of any individual who is a resident of the city as well as representatives of community, public interest, or neighborhood groups. Notwithstanding any other provision, representatives of the cable operator may be members of the PAUG. PAUGs are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. Each public access channel must establish a PAUG. All PAUGs, by application to the Cable Communications Commission and the City Secretary, must be certified by the Cable Communications Commission. Producers organize themselves according to by -laws, electing among themselves officers and a Board of Directors. Each producer present is entitled to vote on all matters pertaining to establishment of PAUG by- laws and election of officers. Repeat program. A program which was previously aired on any public access channel during the same lottery period. Series. A locally produced public access show from a single producer. A series can be either weekly or monthly. (Ord, No, 028445, § 1, 12- 15- 2009, Ord, No, 029102, § 2, 6 -21 -2011) Sec. 55 -448. - Amendments to rules and procedures for public access cablecasting. These rules may be amended by City Council following recommendation from the Cable Communications Commission or city franchised cable operators in the city. The city shall give any _ writing, the city and the cable operator shall thereafter meet and negotiate an amendment obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. (Ord, No, 028445, § 1, 12 -15 -2009) Sec. 55 -449. - Violation of rules. (a) [Generally.] Producers must follow all Rules and Procedures for Public Access Cablecasting. (1) If a producer and series has been removed for violations, that producer and series may not air as an occasional user during the removal period. 10 (2) A producer may appeal decisions of the Cable Communications Commission to the City Council by submitting a sworn written notice of appeal to the City Secretary within thirty (30) days of the rendition of the commission decision. (b) Violations of section 55 -444 . (1) No program will be permitted to air over the public access channels if a producer or program has violated one (1) or more of the rules identified in section 55 -444 (2) It shall be the responsibility of the PAUG Board of Directors to periodically monitor the programs that are aired on public access television and to report any and all section 55- 444 violations that are observed, to the Cable Communications Commission, using the appropriate form and procedures set forth herein. (3) Complaints about violations of section 55 -444 rules must be submitted to the Cable Communications Commission. Complaints must be submitted to the commission in writing to the City Secretary's office or through an online form at www.cctexas.comiccc/complaint. (4) Producers will receive written notice of the complaint, dates of the next two (2) commission meetings, and a statement that failure to attend, send a representative, or provide a written statement of explanation will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (5) Producers will be informed in writing that three (3) section 55 -444 violations within a six -month period will result in forfeiture of their time slots and the use of the public access channels for sixty (60) days. (6) If a section 55 -444 violation is evident, that program media will be removed from airing and from repeat showing, and the media will be turned over to the Cable Communications Commission by the PAUG Board of Directors for review and discussion with the producer at one (1) of the next two (2) scheduled commission meetings. Producers must take corrective action on any programs with rule violations before they can be submitted as a second original or repeat. (c)Forfeit of use of public access channels. (1) At the lottery, PAUGs will establish a designated location for producers to deliver weekly and monthly media. (A) Media for the first program in a lottery period must be delivered to the designated location before 10:00 a.m. on the Wednesday before the first Sunday in the new lottery period. (B) Following the first media delivery of the lottery period, cut -off time for delivery of media for weekly programs is 10:00 a.m. on Wednesdays each week. (C) Cut -off time for delivery of media for monthly programs is 10:00 a.m. on the Wednesday before the first Sunday of each month. (2) PAUGs will maintain a schedule list that indicates delivery of media by producers. A monthly log of this schedule will be submitted to the Cable Communications Commission within the first seven (7) days of each month. Included with the list will be a cover letter that lists the producers of weekly programs that failed to supply media for airing for four 11 (4) consecutive weeks and producers of monthly programs that failed to supply media for airing for two (2) consecutive months. City staff will then send written notification to the producers who forfeit the use of the public access channels for failure to submit media. This notification will include the date of the next scheduled Cable Communications Commission meeting, at which time the producer may appeal the commission's decision. The producer, or a designated representative, must appear at the next commission meeting or provide a written statement of explanation for their appeal to be reviewed. The Cable Communications Commission will review the monthly delivery logs at each Cable Communications Commission meeting and decide whether or not to remove producers who failed to submit media as required. (3) If a series producer fails to supply media on time for a weekly or monthly program, that program will not be aired that week or month. No late media will be accepted. Individual producers shall not deliver media to the City Director of Public Communications Department. (4) If a weekly series producer fails to supply media by the established time for four (4) consecutive weeks, that producer and series will forfeit his /her time slots and the use of the public access channels for sixty (60) days or until the end of lottery period whichever is longer. If a monthly series producer fails to supply media on time for two (2) consecutive months, that producer and series will forfeit his /her time slots and the use of the public access channels for six (6) months. (d) Violations of section 55 445 Franchised cable operators may submit complaints for violations of section 55 115 to the Cable Communications Commission to be placed on the commission meeting agenda for discussion. (e) Violations of section 55 -446 Complaints for violations of section 55 -446 may be submitted to the Cable Communications Commission. The commission will notify the appropriate PAUG of any complaints and schedule a discussion with the PAUG president and the complaining party at the next scheduled commission meeting. (f) O#ectsrs to t#e cable operator, witch a csp-y to t#e Cable Communications Commission, within five (5) working days. The cable operator shall respond in writing to the PAUG Board of Directors, with a copy to the Cable Communications Commission, within five (5) working days. If a he PAUG Board of Directors shall submit tho the agenda for discussion at the next scheduled Cable Communications Commission meeting. (Ord, No, 028445, § 1, 12 -15 -2009) 12 Section 3. That Chapter 2, Administration, Article IV Miscellaneous Boards, Commission and Committees, Division 17, is amended to read as follows: DIVISION 17. - CABLE COMMUNICATIONS COMMISSION Sec. 2 -180. - Establishment. There is hereby created a Cable Communications Commission for the city. The Cable Communications Commission shall consist of five (5) residents of the city appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the City Council shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. (Ord, No, 026632, § 1, 1 -31 -2006) Sec. 2 -181. - Membership and organization. (a) All members of the Cable Communications Commission shall serve for three -year terms or until their successors are appointed and qualified. Terms shall expire July 27 each year. (b) Immediately upon organization of the Cable Communications Commission, the commission shall select from its membership a chairperson and vice - chairperson whose terms shall be one (1) year. Such chairperson and vice - chairperson may be reappointed and re- elected. The commission shall meet in regular monthly meetings, to include four (4) evening meetings, at the call of the chairperson, and at such other times as may be provided by its rules. The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the commission. All meetings of the Cable Communications Commission shall be public except for matters which qualify for a closed session in accordance with state law. The minutes of said Cable Communications Commission shall be available for examination in the office of the City Secretary during regular business hours. The members of the commission shall serve without compensation. (Ord, No. 026632, § 1, 1 -31 -2006) Sec. 2 -182. - Duties. The Cable Communications Commission shall have the following powers and duties: (1) To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council and recommend regulate -„ot inconsistent with the terms of such franchise. 13 (2) LU To encourage, develop and promote the use of access channels to cable communications and to assure that access channels offer a diversity of programming and services to subscribers. (3) Q To work with access user groups to develop rules and regulations which are not in conflict with the terms of the franchise agreement. {4} LQ To develop sources of funding, including but not limited to private foundation or federal or state grants to further community programming. (5) To conduct evaluations of the cable system and to review and audit reports submitted to the city by a franchisee. (6) (4) Report annually to the City Council in writing giving a comprehensive and current view of the cable communications in the city and recommending any appropriate actions including amendments to the ordinance or franchise agreement. (7) To advise the City Council on future applications for franchises. (8) LQTo acquaint itself with technological and service developments in the cable communications industry and determine with the franchisee what system enhancements should be pursued in maximizing benefits to be derived for the community. (9) (6) To certify access user groups, and reporting such certification to the City Secretary. (10) Q To ensure that public access producers comply with the Rules and Procedures for Public Access Cablecasting established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002, as amended. (11) LQ To resolve disputes concerning program content, allocation of access funding, channel space, and channel time. (12) L To coordinate access activities of access users and user groups. (Ord, No. 026632, § 1, 1 -31 -2006) Sec. 2 -183. - Access user groups. (a) One (1) access user group may be established for governmental channel access or educational channel access. Each public access channel, must establish an access user group. All user groups, by application to the Cable Communications Commission and the City Secretary must be certified by the Cable Communications Commission. Upon certification, an access user group shall have the following duties and responsibilities: (1) To follow guidelines, rules and regulations for the use of applicable access channels, subject to approval by the Cable Communications Commission. Public access producers must establish an access user group for each public access channel and follow the Rules and Procedures for Public Access Cablecasting as established in the Master Cable Services Regulatory Ordinance approved by City Council in 2002, as amended. (2) To coordinate allocation of channel time and channel space for programming produced by users. (3) To coordinate training of individual access users in television production methods and techniques. 14 (4) To report to the Cable Communications Commission on the utilization of access channel space and access channel programming. (5) To promote public awareness, use, and viewership of access television programming and actively seek additional membership from among individuals or groups in the access user group's area of interest. (6) To administer guidelines, rules and regulations for use of the appropriate access channels. (7) To review program content to ensure compliance with established laws, rules and regulations. (8) To establish its own bylaws concerning organization and decision making within the access user group. A copy of such bylaws shall be submitted with the access user group's application for certification. Changes to such bylaws shall be filed with the chairman of the Cable Communications Commission and the City Secretary within thirty (30) days after any change occurs. (b) Membership on the access user groups may be composed of any individuals who are residents of Corpus Christi as well as representatives of various community, public interest or neighborhood groups which are located in Corpus Christi. Membership may also include, as appropriate, representatives of: (i) city departments; (ii) governmental entities; (iii) public institutions of higher learning; (iv) public independent school districts; or (v) religious organizations, all as more particularly described in subsection (c). All meetings of access user groups shall be publicly posted on the public notices bulletin board of city hall and filed with the City Secretary. Furthermore, all meetings of access user groups will be open to the public. (c) The access user groups should include, but not be limited to, the following: (1) Governmental access group. Membership may include interested city department heads, or their designated representatives, and representatives of any governmental entity whose boundaries lie within the city limits. (2) Higher educational access group. Membership may include representatives of all public institutions of higher learning conducting classes within the city limits. (3) Other educational access group. Membership may include representatives of all public independent school districts located in whole or in part within the city limits. (4) Reserved. (5) Public access group. Membership may include any individuals who are residents of Corpus Christi as well as representatives of community, public interest, or neighborhood groups which are located in Corpus Christi. Notwithstanding any other provision of this section, representatives of franchised cable operators may be members of the public access group. (d) Access user groups are organized separately and independently from the city and are not boards, commissions, committees or any other subdivision of the city. (Ord, No, 026632, § 1, 1 -31 -2006) Section 4. Providing an effective date of January 1, 2013. 15 Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 16 Donna L. Nelson Chairman Kenneth W. Anderson, Jr. Commissioner Rolando Pablos Commissioner Brian H. Lloyd Executive Director Public Utility Commission Rick Perry Governor TO: Time Warner Cable Ron McMillan Legal Division Infrastructure Reliability Division FROM: Andrew Kang Administrative Law Judge RE: Project No. 40462 — Application of Time Warner Cable for or Amendment to a State Issued Certificate of Franchise Authority NOTICE OF APPROVAL This Notice addresses the application of Time Warner Entertainment - Advance/Newhouse Partnership d/b /a Time Warner Cable (the Applicant) filed with the Public Utility Commission of Texas (Commission) on June 5, 2012, to expand its service area footprint to include the municipality of Corpus Christi, Texas. Commission Staff recommended approval of the application. The application is approved. Findin's 1. The application complies with PURA' §§ 66.003 and 66.0042 and P.U.C. SUBST. R. 28.6. 2. The Applicant is entitled to approval of this application, having submitted a sworn affidavit which complies with PURA § 66.003(b). 1 The Public Utility Regulatory Act, TEX. UTU.. CODE ANN. §§ 11.001- 66.016 (Vernon 2007 & Supp. 2011) (PURA). 2 The United States District Court for the Western District of Texas issued a judgment invalidating most of PURA § 66.004. Texas Cable Association v. Hudson, No. A- 05 -CV- 721 -LY (W.D. Tex. May 31, 2012). The remaining enforceable portion of § 66.004 states: Beginning September 1, 2005, a cable service provider or video service provider may elect to terminate that municipal franchise and seek a state - issued certificate of franchise authority by providing written notice to the commission and the affected municipality. The municipal franchise is terminated on the date the commission issues the state - issued certificate of franchise authority. Printed on recycled paper An Equal Opportunity Employer 1701 N. Congress Avenue PO Box 13326 Austin, TX 78711 512/936 -7000 Fax: 512/936 -7003 web site: www.puc.texas.gov Project No. 40462 Notice of Approval Page 2 of 2 3. In its application, Applicant stated its agreement to provide the Commission with a written notice of termination of its SICFA. 4. In its application, the Applicant stated its agreement to provide the Commission a copy of any court order in which its SICFA has been revoked or modified by a court of competent jurisdiction. 5. The Applicant does not seek to terminate an existing cable and/or cable and video franchise agreement with a city. Orderinji Paragraphs 1. The application of Time Warner Cable to amend its SICFA No. 90008 as requested is approved. The Applicant's SICFA is amended to expand its service area footprint to include municipality of Corpus Christi, Texas. 2. The name on SICFA No. 90008 shall remain Time Warner Cable. 3. Pursuant to 47 C.F.R. § 76.952, the Commission may direct certificate holders not to include its name on their monthly billing inserts as the local franchising authority. Because the Commission does not have the same authority to consider and resolve customer complaints, as did municipal franchising authorities, the Commission directs certificate holders not to include its name, address, and telephone number on monthly bills to subscribers. 4. All other motions, requests for entry of specific findings of fact and conclusions of law, any other requests for general relief or specific relief, if not expressly granted herein, are hereby denied. SIGNED AT AUSTIN, TEXAS the day of June 2012. PUBLIC UTILITY COMMISSION OF TEXAS A DREW AD q: \cadm \docket management \telephone \franchise (sicfa) \40xxx \40462- 2amendapp.docx IVE LAW JUDGE z • u) c g.o u) _c - U a) T 11 Li- U N C ID 2 OD P. 0 CM .x N w U a) a) 2 >, L a) U O. a) _c (o -0 N U cz °O . L N N CZ .0 C/) U 'iln) U E cz L N 2 1- U 15 Year term to expire in 2017. c ti � O Q _c 0 -0 5 c6 cz N 0) -+ . -c _c (/) 0 a) 5 6 co ZL' cz _c ▪ x U a)0 2 co . L ca co a) c N N U c6 -= 2 U 0 N co cv U N x c6 -0 I- �> I 2 -0 CO CO CC) CC) 45 s_ a) a) _a 6_L Q U _c O _c L- 0 N 0 o a) - . co a) 7 U ti -Ed CD - w N L O c6 = � 4 co ca > u) ' 0 a Q N Q L p 7 c 1c c 0 '> _p 0 c2 c\i U Q O � 00 N a)� caN N p O 0 • _ocz co ca N N U c6 0 _0 N ▪ L.— cn v U-9 _c .x U 'L N p _c cm c c� U .c ca a) a'§ o N 0 ti • °� 0c._co co li ca 0 0 ca H • 7 Q N 0 E CD 0_ E L Lo > -0 4) c6 o c _o 0 ca _a -0 a) cz (73 c (13 oc co a) N W U co o U 0 Li_ o .0 N • • Existing PEG channels grandfathered. Right of way rights are preserved by the City. PEG channels signals must originate at the City. • • • • c O O cz co o N c L ' E a C/) E o L- o (19 . L c' O a) CO 0 5 CD -0 0,� �C C o � -Co ti: cn cn cn IC CO so co 0 U 0 92 2 < . E 4- co U N O U l▪ a U U O 03) cz cn - o_ T.4, 12 - N -c N •- ti- O = O >I O ti n U Cn 2 cz N •V O U fl CO N N AGENDA MEMORANDUM Public Hearing / 1St Reading for City Council meeting of December 18, 2012 2nd Reading and Adoption for the City Council meeting of January 8, 2013 DATE: TO: November 27, 2012 Ron L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning and Environmental Services 826 -3781 petea n(C� cctexas. com CAPTION: Public hearing to consider an amendment to the Future Land Use Plan related to land use compatibly under flight zones near Cabaniss Field Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the Corpus Christi Future Land Use Plan (adopted by Ordinance 026278 and thereafter amended by Ordinance 028504) by revising the future land use maps surrounding Cabaniss Field; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. PURPOSE: To change the Future Land Use Plan to create compatible land uses near Cabaniss Field based on the new 2009 Air Installation Compatible Use Zones. BACKGROUND AND FINDINGS: The 2009 Navy Air Installation Compatible Use Zones (AICUZ) replaced the original 1980 AICUZs. East of Cabaniss Field, changes to the AICUZs have resulted in new flight zones (Accident Potential Zones 1 and 2) over high growth areas at Weber Road and Yorktown Boulevard. Flight patterns have also changed west of Cabaniss Field, creating a need to consider changes to the City's Future Land Use Plan. Navy recommendations for uses under flight zones suggest either no residential uses (Accident Potential Zone 1) or restricted density of residential uses (Accident Zone 2) and no uses that are characterized by congregation of large groups of people. Therefore, the proposed changes are intended to help create land use compatibility and a safe responsible development near Cabaniss Field. Both the new 2009 and old 1980 flight zones maps have been attached. The proposed Future Land Use Plan (Exhibit A) addresses the following changes: 1. Southeast of Yorktown Boulevard / Weber Road Intersection — vacant land proposed for multi- family and residential uses have been designated as land proposed for commercial uses. 2. South of Oso Creek and south of FM 43, the area labeled 29 on Exhibit A is an Accident Potential Zone 2 and has been designated with Estate Density Land Use. Estate Density Land Use is defined on the adopted Future Land Use Master Plan with a density of up to 1 dwelling unit per acre. 3. Along Oso Creek the floodway areas have been updated with the most current FEMA Floodway information. 4. A 300 foot width of Estate Residential (1 unit per acre) is also shown next to the floodway on the south side of Oso Creek to promote lower density next to the most flood prone areas. Estate Residential density is also consistent with the Oso Parkway Plan recommendations. 5. Northwest of Cabaniss Field in area 12 on Exhibit A, except for city owned property designated as park, several areas have been changed from multi - family use to light industrial use consistent with existing uses in the area. 6. To the northeast of Cabaniss Field, area 25 on Exhibit A located north of Saratoga Boulevard has been designated from light industrial to commercial. This is consistent with development trends in the area and sustainability principles for the area. ALTERNATIVES: To not amend the Future Land Use Plan map and allow incompatible development to occur in conflict with the Navy Air Installation Use Guidelines. OTHER CONSIDERATIONS: The military is constantly evaluating military facilities all over the world for land use compatibility within local jurisdictions. Actions to create land use compatibility are within local control and could play an important role in determining if a facility can expand existing missions or accept new missions, thereby benefiting the local economy. CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH THE OPERATION OF THE AIRPORTS. Airports are characterized by high levels of noise and the potential for accidents under the major flight patterns. Properties in the immediate vicinity of the airports should be required to develop in a manner that is sensitive to expected levels of noise and which will not subject residents to unreasonable risk due to possible accidents. Adopted Flour Bluff Area Development Plan — Goals Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: The Development Services Department and the Planning and Environmental Services Department recommend adoption of the proposed changes to the Future Land Use Plan map. Planning Commission recommended approval on November 7, 2012. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ CIP X Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: 2009 Cabaniss Field AICUZ Map 1980 Cabaniss Field AICUZ Map Existing Land Use Cabaniss Field Adopted Future Land Use Cabaniss Field Excerpt from Planning Commission Draft Minutes Ordinance Exhibit A: Proposed Future Land Use Cabaniss Field 2009 Air Installation Compatible Use Zone Map 1980 Air Installation Compatible Use Zone Map Existing Land Use Cabaniss Field Adopted Future Land Use Cabaniss Field c a - MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers November 7, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman Govind Nadkarni, Vice Chairman Mark Adame Fred Braselton Absent* Marco Castillo Gabriel Guerra* Chris Hamilton Mike Lippincott Absent* Philip Ramirez *Arrived at 5:40 p.m. I. CALL TO ORDER STAFF: Mark Van Vleck, P.E., Interim Director, Development Services Robert Payne, AICP, Senior City Planner Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary The meeting was called to order by Chairman Huerta at 5:3 p.m. and a quorum was declared. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: C. PRESENTATION AND POSSIBLE ACTION TO RECOMMEND CITY COUNCIL AMEND THE FUTURE LAND USE PLAN FOR AREAS SURROUNDING CABANISS FIELD Robert Payne, Senior Planner, Planning Department, addressed the commission. Mr. Payne stated that at the July 18, 2012 meeting, Staff presented this item as a discussion item. As proposed by the Joint Land Use Policy Committee (JLUS), it was recommended that the Planning Commission consider potential changes to the Future Land Use Map for vacant undeveloped lands for the high growth area of Yorktown Boulevard/Weber Road. The Navy's new Air Installation Compatible Use Zones (AICUZ) recommended no residential uses or uses that congregate large groups of people be allowed. The current Future Land Use Plan recommends industrial, commercial, multifamily and single - family uses on vacant land surrounding the intersection of Yorktown Boulevard and Weber Road In APZ -1. Mr. Payne stated Staff approves recommending City Council adopt the proposed Future Land Use Plan Map as shown in Attachment 5. The Proposed Changes to the Future Land Use Map Navy Use Guidelines for Accident Potential Zone 1 are: Planning Commission Regular Meeting November 7, 2012 Page 2 ➢ No residential uses; ➢ No uses that congregate large groups of people; Navy Use Guidelines for Accident Potential Zone 2 are: ➢ Up to two residential uses per are allowed ➢ No uses that congregate large groups of people. Changes to the Future Land Use Map include: ➢ Southeast of Yorktown Boulevard/Weber Road Intersection — vacant land proposed for multi - family and residential uses have been redesigned as land proposed for commercial uses; ➢ South of Oso Creek and south of FM 43, the area labeled 29 is an Accident Potential Zone 2 and has been designated with Estate Density Land Use. Estate Density Land Use is defined in the adopted Future Land Use Master Plan with a density of up to one dwelling unit per are; ➢ Along Oso Creek, the floodway areas have been updated with the most current FEMA F000dway information; ➢ A 300 -foot width of Estate Residential.Land Use is also shown next to the floodway ay on the south side of Oso Creek to promote lower density next to the most flood prone area. Estate Residential density is also consistent with the Aso Parkway Plan recommendations; ➢ Northwest of Cabaniss Field in Area 12, except for city -owned property designated as park, areas are shown with light industrial uses consistent with development trends in the area; and ➢ To the northeast of Cabaniss Field, Area 25 north of Saratoga Boulevard has been designated from light industrial to commercial; which is consistent with development trends in the area and sustainability principles of the area. Mr. stated that he would like to take the proposed changes to City Council as soon as possible. After Staff's presentation concluded, the floor was opened for discussion and comments by commissioners. Chairman Huerta asked Mr. Payne if the proposed changes had been advertised and Mr. Payne answered that a notice was published to advertise for the public hearing. Vice Chairman Nadkarni stated he has lived in the Weber Road /Saratoga Boulevard area for approximately thirty -seven (37) years and he asked why that area in the JLUS was included in the JLUS since the flight patterns have been basically the same. Vice Chairman continued that he has watched the flight patterns and they never use the right circle. Vice Chairman Nadkarni asked Staff if this proposed rezoning was in their flight patterns. Commissioner Castillo stated that some point, he felt the commission (K: DEVSVCS\ SHARED \1. PC2012\2012PCMI N UT ES \110712PCMI N UTES) Planning Commission Regular Meeting November 7, 2012 Page 3 should get some legal brief on how the process of the rezoning would be handled just in case legal action is brought against the city. Mr. Payne indicated that staff has been in contact with several of the property owners and their representatives concerning the Joint Land Use Study. Those land owners should be made aware that these discussions have occurred. After further discussion and comments concluded by commissioners, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. A motion to approve recommending to City Council to amend the proposed Future Land Use Plan Map as presented by Staff was made by Vice Chairman Nadkarni and seconded by Commissioner Ramirez. After the motion was on the floor, further discussion continued. Commissioner Castillo stated he preferred to hold off on changing Area 1 as proposed on the Future Land Use Map until Staff met with more land owners and they were briefed on what was being proposed. Commissioner Castillo continued that at the last meeting, Mr. Luby addressed the commission and he voiced his concerns about the proposal and was not in favor. Commissioner Hamilton stated the land owners had been notified. After all discussion concluded, the motion passed with Commissioner Castillo voting no and Commissioner Braselton and Lippincott absent. (K: DEVSVCS\ SHARED \1. PC2012\2012PCMI N UT ES \110712PCMI N UTES) Ordinance amending the Comprehensive Plan of the City of Corpus Christi by amending the Corpus Christi Future Land Use Plan (adopted by Ordinance 026278 and thereafter amended by Ordinance 028504) by revising the future land use maps surrounding Cabaniss Field; providing for repeal of conflicting ordinances; providing for severance; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation concerning the amendment to the Corpus Christi Future Land Use Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission and on Tuesday, December 18, 2012, during a meeting of the City Council, 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 the public health, necessity, convenience, and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Future Land Use Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas ( "Comprehensive Plan "), is amended by revising the future land use maps surrounding Cabaniss Field. The revised maps, shown as Exhibit "A," are attached to and incorporated by reference into this ordinance. SECTION 2. To the extent that the amendment made by this ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendment made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time, except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. 0021_7_Ordinance - Future Land Use Plan Amdmt EHord368 v01 20121115 (1) Page 1 of 2 SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0021_7_Ordinance - Future Land Use Plan Amdmt EHord368 v01 20121115 (1) Page 2 of 2 Exhibit A: Proposed Future Land Use Cabaniss Field AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 18, 2012 Second Reading /Action Item for the City Council Meeting of January 8, 2013 DATE: TO: FROM: October 26, 2012 Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Everett Skipper (Case No. 1012 -05) Change from "CG -2" General Commercial District to "CBD" Downtown Commercial District Property Address: 2002 Ayers Street CAPTION: Case No. 1012 -05 Everett Skipper: A change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Business District, not resulting in a change of future land use. The property to be rezoned is described as Block 1504, Port Aransas Cliffs, located between Ayers Street and Cole Street and between 17th Street and 18th Street. PURPOSE: The purpose of this item is to rezone the property to allow the development of general commercial uses without minimum parking requirements. RECOMMENDATION: Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District. Planning Commission Recommendation (October 24, 2012) Denial of the requested "CBD" Downtown Commercial District and, in lieu thereof, approval of a Special Permit with the requirement of the development providing a minimum of 122 on -site and off -site parking spaces. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District to allow development of a project called the Six Points Market, which will be a multi -use commercial facility consisting of an art gallery, reception hall, outdoor market, pavilions, and restaurant. All of the proposed uses are allowed in the existing "CG -2" District. The applicant is requesting the change of zoning to the "CBD" District in order to reduce the amount of off - street parking required for the proposed uses. Development within the "CBD" District is not required to provide a specified amount of parking. Art gallery and museum space will be created for Del Mar Community College. The Six Points Market project involves the adaptive re -use of the long- standing ButterKrust bakery, which was built in 1938 and has been vacant for some time. North of the subject property is a commercial strip center, which is zoned "CG -2" General Commercial District. East of the subject property is Banda's Nursery and Flower Shop, which is zoned "CG -2" General Commercial District, and single - family properties zoned "RS -6" Single - Family 6 District. To the south and west of the subject property are single - family properties zoned "RS -6" Single - Family 6 District. Also, to the west of the subject property is an auto - detail shop zoned "CG -2" General Commercial District. The Sustainability Plan recommends that the City develop "complete" streets, which are streets that accommodate the needs of all users no matter their age or ability and allow for choice in mode of travel. Re -using the ButterKrust building will create interest on the street level, which is a step towards creating a better pedestrian environment. Re -using the existing building will also encourage infill development in older areas, which are no longer being used for commercial purposes. The Six Points Market will be more accessible to pedestrians and may encourage alternate modes of transportation. The creation of the Six Points Market could be the stimulus for additional commercial and mixed -use residential projects in the area, as encouraged in the Sustainability Plan. Although the lack of parking is a current concern for this project, the Sustainability Plan recognizes this and calls for a broader coordinated parking plan to support new businesses and housing that are recommended for this area. Creating more transit options for this area will also help reduce the demand for parking. The Sustainability Plan also promotes complimentary services to the neighborhood. This facility will have convenient access to the surrounding community and will expand food options and commercial services, such as an outdoor market, to the area. ALTERNATIVES: 1. Approve an intermediate zoning district; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the Comprehensive Plan, the Sustainability Plan, and the adopted Future Land Use Plan, which slates the property for a commercial use. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits Ordinance amending the Unified Development Code ( "UDC ") upon application by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to Block 1504, Port Aransas Cliffs, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 24, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 2012, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. (the "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Block 1504, Port Aransas Cliffs (the "Property "), located between Ayers and Cole Streets and between 17th and 18th Streets, from the "CG -2" General Commercial District to the "CG -2 /SP" General Commercial District with a Special Permit (Zoning Map No. 046042), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The rezoning and special permit granted to the Owners in Section 1 of this ordinance is subject to the following conditions: 1. PARKING: The Owners must ensure the development provides a minimum of 122 on -site or off -site parking spaces. 2. TIME LIMIT: This special permit expires one year from the final approval date of this ordinance unless the Property is being used by the Owners as stated in condition 1. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 and Article 10 of the UDC. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb Page 2 of 3 PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 3 of 3 MERCHANTS #1 RS -TF 3 30 40 41 42 43 44 4 23 22 21 20 46 MERMAN NIT 16 S UM 11%.M - 1 14 3 12 1 54 55 56 57 58 59 60 �TF61 62 63 64 7 29 28 27 26 2 2. 2e� 19� 17 1 1 GLEN' .LE O RS -6 8 _ MEV Et 17_- CASE: 1012 -05 1. SUBJECT PROPERTY Subject Property 50 51 52 53 /54 Date \� ated :51R /3/20,12 Prepared By: �,e, remym Department of DevelopmenrServices LEOPARD AGNES MORGAN SUBJECT PROPERTY! EXHIBIT A Ordinance amending the Unified Development Code ( "UDC ") upon application by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), by changing the UDC Zoning Map in reference to Block 1504, Port Aransas Cliffs, from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. ( "Owners "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 24, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 2012, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Everett Skipper, acting as agent on behalf of Birdie Realty Investments, LLC, and Gulley Family Investments, Ltd. (the "Owners "), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Block 1504, Port Aransas Cliffs (the "Property "), located between Ayers and Cole Streets and between 17th and 18th Streets, from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District (Zoning Map No. 046042), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. 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 Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 2 of 2 MERCHANTS #1 RS -TF 3 30 40 41 42 43 44 4 23 22 21 20 46 MERMAN NIT 16 S UM 11%.M - 1 14 3 12 1 54 55 56 57 58 59 60 �TF61 62 63 64 7 29 28 27 26 2 2. 2e� 19� 17 1 1 GLEN' .LE O RS -6 8 _ MEV Et 17_- CASE: 1012 -05 1. SUBJECT PROPERTY Subject Property 50 51 52 53 /54 Date \� ated :51R /3/20,12 Prepared By: �,e, remym Department of DevelopmenrServices LEOPARD AGNES MORGAN SUBJECT PROPERTY! EXHIBIT A ZONING REPORT Case No.: 1012 -05 HTE No. 12- 10000034 Planning Commission Hearing Date: October 24, 2012 Applicant & Legal Description Applicant /Representative: Everett Skipper Owner: Birdie Realty Investments, LLC and Gulley Family Investments, Ltd. Legal Description /Location: Port Aransas Cliffs, Block 1504, located between Ayers Street and Cole Street and between 17th Street and 18th Street. Zoning Request From: "CG -2" General Commercial District To: "CBD" Downtown Commercial District Area: 2.76 acres Purpose of Request: To allow the development of a multi -use commercial facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CG -2" General Commercial Light Industrial Commercial North "CG -2" General Commercial Commercial Commercial South "RS -6" Single - Family 6 Low Density Residential Low Density Residential East "CG -2" General Commercial & "RS -6" Single - Family 6 Commercial, Vacant, Low Density Residential, & Medium Density Residential Low Density Residential & Commercial West "CG -2" General Commercial & "RS -6" Single - Family 6 Commercial, Vacant & Low Density Residential Commercial & Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Southeast Area Development Plan (ADP) and is planned for a commercial use. The proposed change of zoning to the "CBD" Downtown Commercial District is consistent with the adopted Future Land Use Plan. Map No.: 046042 Zoning Violations: None Transport- ation Transportation and Circulation: The subject property has 250 feet of frontage along the south side of Ayers Street, which is an "Al" Minor Arterial Undivided street. The subject property also has 530 feet of frontage along 18th Street, 660 feet of frontage along 17th Street, and 212 feet of frontage on Cole Street, which are all local residential streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Ayers St. "Al" Minor Arterial Undivided 95' ROW, 64' paved 80' ROW, 42' paved 9,543 ADT 2010 17th St. "Local" Residential 50' ROW, 28' paved 70' ROW, 38' paved Not Available 18th St. "Local" Residential 50' ROW, 28' paved 44' ROW, 36' paved Not Available Cole St. "Local" Residential 50' ROW, 28' paved 62' ROW, 40' paved Not Available Zoning Report Case #1012 -05 Everett Skipper Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District to allow development of a project called the Six Points Market, which will be a multi -use commercial facility consisting of an art gallery, reception hall, outdoor market, pavilions, and restaurant. All of the proposed uses are allowed in the existing "CG -2" District. The applicant is requesting the change of zoning to the "CBD" District in order to reduce the amount of off - street parking required for the proposed uses. Development within the "CBD" District is not required to provide a specified amount of parking. Applicant's Development Plan: The Six Points Market project involves the adaptive re -use of the long- standing ButterKrust bakery, which was built in 1938 and has been vacant for some time. The Six Points Market will consist of 100,700 square feet of indoor and outdoor recreational uses, retail sales and service uses, and a restaurant use. The development would specifically consist of an art gallery/museum at 16,000 square feet, a rental hall at 20,000 square feet, retail uses at 30,200 square feet, 11,000- square foot restaurant, and outdoor areas totaling 23,500 square feet. The developer has identified Del Mar Community College as one of the anchor tenants for this development. Art gallery and museum space will be created for the College. Parking: The proposed development is not able to meet the off - street parking requirements. The developer states that 50 off - street parking spaces are available on a parking lot located on the north side of 17th Street across from the facility and approximately 40 parking spaces could be created on the property in the yard setbacks. Approximately 81 parallel on- street parking spaces are available along the facility's four street frontages. Other vacant lots in the area could potentially be developed into off -site parking lots. The "CBD" District does not require off - street parking in recognition of the practical difficulty of providing off - street parking for each individual business within the City's core district. Additionally, the Sustainability Plan calls for transforming this area of Ayers Street into a multi - modal, pedestrian - friendly street and calls for a coordinated parking plan for the area. Existing Land Uses & Zoning: North of the subject property is a commercial strip center, which is zoned "CG -2" General Commercial District. East of the subject property is Banda's Nursery and Flower Shop, which is zoned "CG -2" General Commercial District, and single - family properties zoned "RS -6" Single - Family 6 District. To the south and west of the subject property are single - family properties zoned "RS -6" Single - Family 6 District. Also, to the west of the subject property is an auto - detail shop zoned "CG -2" General Commercial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is consistent with the adopted Future Land Use Plan, which slates the property for a commercial use. The rezoning is also consistent with relevant elements of the Comprehensive Plan, such as: 1.) Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood (Comprehensive Plan, Commercial Policy Statement G). Zoning Report Case # 1012 -05 Everett Skipper Page 3 2.) Minimize the impact of commercial areas on adjacent, existing, or future residential areas through the use of compact designs, screening fences, open space, and landscaping (Comprehensive Plan, Commercial Policy Statement B). Sustainability Plan: The Corpus Christi Sustainability Plan identifies and focuses on multiple Destination Nodes within the city. The proposed development is located in the Six Points Destination Node. The nodes that are described in the Sustainability Plan are areas of interest that should be looked at with new development strategies, particularly strategies to create options for all forms of transportation (biking, walking, and bus). This rezoning request is consistent with several elements of the Sustainability Plan, such as: 1.) Promote mixed -use infill development and redevelopment along Ayers Street between Six Points and Del Mar with an emphasis on rehabilitation of buildings that address the street; the old ButterKrust facility is a notable opportunity, although the site includes very little dedicated parking. 2.) Create on- street parking in locations along Ayers Street where commercial frontage is proposed, particularly near the Baldwin Boulevard intersection on the west side of Del Mar College. 3.) Create a mixed -use hub to serve the Del Mar Community College population and the surrounding neighborhoods with an emphasis on expanding housing options within walking distance of basic services and the College campus. 4.) The Sustainability Plan calls for this section of Ayers Street to be near a transit station and to have an on- street bicycle connection. Ayers Street is also identified as a candidate for a road diet, which would reduce the widths and /or number of the travel lanes on Ayers Street, thereby creating new space for bicycle lanes, on- street parking, landscaping or sidewalks, and providing improved mobility and access particularly for non - motorized modes of transit. 5.) Foster the location /relocation of complimentary services into this district to reinforce the district identity and to provide the market base to support the burgeoning commercial enclave at Six Points and further down Ayers Street; develop a coordinated parking plan for the entire district. 6.) Study the potential for new food options in these locations, including a full- service grocery or urban market and new restaurants. Plat Status: The subject property is currently platted. Department Comments: • The Sustainability Plan recommends that the City develop "complete" streets, which are streets that accommodate the needs of all users no matter their age or ability and allow for choice in mode of travel. Re -using the ButterKrust building will create interest on the street level, which is a step towards creating a better pedestrian environment. The Six Points Market will be more accessible to pedestrians and may encourage alternate modes of transportation. • The creation of the Six Points Market could be the stimulus for additional commercial and mixed -use residential projects in the area, as encouraged in the Sustainability Plan. • Through the adoption of the Sustainability Plan and related ordinances, the City encourages the adoptive re -use of vacant buildings. Supporting the re -use of existing buildings encourages infill development in older areas of the city no longer being utilized by business. The proposed development will create a commercial new commercial and community uses that will compliment and help support the burgeoning commercial enclave in the Six Points area and the Del Mar College area. Zoning Report Case #1012 -05 Everett Skipper Page 4 • The proposed facility will have convenient access to an arterial type street also designated in the Sustainability Plan for redevelopment into a multi -modal street. • The proposed multi -use facility will serve the surrounding community as well as Del Mar College, which is in close proximity to the proposed development. • The development would be an extension of Del Mar College and will increase commercial activity by bringing an outdoor market and a restaurant to the area. • Although the lack of parking is a current concern for this project, the Sustainability Plan recognizes this and calls for a broader coordinated parking plan to support new businesses and housing that are recommended for this area. Creating more transit options for this area will also help reduce the demand for parking. Staff Recommendation: Approval of the change of zoning from the "CG -2" General Commercial District to the "CBD" Downtown Commercial District. Planninq Commission Recommendation (October 24, 2012): Denial of the requested "CBD" Downtown Commercial District and, in lieu thereof, approval of a Special Permit with the requirement of the development providing a minimum of 122 on -site and off -site parking spaces. Notification Number of Notices Mailed — 75 within 200' notification area; 4 outside notification area As of October 26, 2012: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \1012 -05 Everett Skipper \1012 -05 Report for CC, Everett Skipper 10- 29- 12.docx 33 34 35 36 3 3 MERCHANTS #1 RS -TF 4 23 22 2d 20 32 9 10 42 5211 F2' 5Z ND RS -TF 61 33 34 35 36 37 38 39 4 4 CL . 2 2 19 18 17 29 RS-68 800 Feet 12 15 14 N -3l 50' 12 51 52 53 -.54 8 Date \Cre ated :51,0 /3/20,12 Prepared By: ft remym Department of DevelopmenrServices CASE: 1012 -05 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LEOPARD AGNES MORGAN SUBJECT PROPERTY LOCATION MAP NVE / \ City of Corpus Christi t ZONING REPORT Case No.: 1112 -01 HTE No. 12- 10000036 Planning Commission Hearing Date: November 7, 2012 Applicant & Legal Description Applicant /Representative: WKMC Architects Owner: St. John Baptist Church, Corpus Christi, Texas Legal Description /Location: The west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, located north of Hala Pit Road and west of Greenwood Drive. Zoning Request From: "IH" Heavy Industrial District To: "CG -2" General Commercial District Area: 6.74 acres Purpose of Request: To allow construction and future development of church facilities. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IH" Heavy Industrial Vacant Light Industrial North "IL" Light Industrial Light Industrial Light Industrial South "IH" Heavy Industrial Light Industrial Light Industrial East "CG -2" General Commercial & "IL" Light Industrial Vacant, Commercial, Low Density Residential, Public Semi - Public, & Light Industrial Light Industrial & Commercial West "IH" Heavy Industrial Public Semi - Public Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for light industrial uses. The proposed change of zoning to the "CG -2" General Commercial District is not consistent with the adopted Future Land Use Plan. Map No.: 049039, 049038 Zoning Violations: None Transport -ation Transportation and Circulation: The subject property has 225 feet of frontage along Hala Pit Road, which is a local access street. The property also has indirect access to Greenwood Drive, which is a proposed "Al" Minor Arterial Undivided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Greenwood Dr. "Al" Minor Arterial Undivided 95' ROW 64' paved 80' ROW 67' paved 8,325 (2010 ADT) Hala Pit Rd. "Local" Street 50' ROW 28' paved 50' ROW 28' paved Not Available Zoning Report Case #1112 -01 St. John Baptist Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District to allow construction and future development of church facilities. The Unified Development Code (UDC) does not allow places of worship or sleeping quarters (other than caretaker's quarters) on property zoned "IH" Heavy Industrial District. A change of zoning to the "CG -2" General Commercial District would allow construction of the accessory uses requested, which are meeting rooms and staff residences, along with future places of worship uses on the remainder of the property. Applicant's Development Plan: The proposed development of a new church facility behind the existing church will house meeting rooms, a residence for a church employee, and temporary sleeping quarters for church mission groups and relief workers after natural disasters. The facility will be a 7,451- square -foot single -story building. The church only has plans to develop the southern end of the property at this time. The applicant is requesting that the remainder of the land be rezoned for future church additions, but there are no plans for the development of the remainder property. Existing Land Uses & Zoning: South of the subject property, across Hala Pit Road, is a lot being used for industrial purposes and zoned "IL" Light Industrial District. West of the subject property is the City's vehicle impound lot that is zoned "IH" Heavy Industrial District. East of the subject property is the existing church and commercial establishments zoned "CG -2" General Commercial District, and vacant land zoned "IL" Light Industrial District. North of the subject property is a Coca -Cola bottling factory, which is zoned "IL" Light Industrial District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for a light industrial use. This rezoning would be an expansion of the "CG -2" District to the east and would be compatible with the existing zoning districts in the area. Plat Status: The southern 2.19 acres of the property is platted as part of Lot 8A. The northern 4.55 acres of the property is not platted. Department Comments: • Expanding the church facilities and the "CG -2" District would not have an adverse effect on the surrounding properties. • The change of zoning to the "CG -2" District is a reasonable expansion of the existing "CG -2" District to the east despite the inconsistency with the Future Land Use Plan. Planninq Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "IH" Heavy Industrial District to the "CG -2" General Commercial District. Zoning Report Case # 1112 -01 St. John Baptist Page 3 Notification Number of Notices Mailed — 13 within 200' notification area; 4 outside notification area As of November 8, 2012: In Favor In Opposition For 0.00% in opposition. — 2 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: 1. Location Map (Existing Zoning & Notice Area) K: \DevelopmentSvcs \SHARED \ZONING CASES \2012 \1112 -01 St John Baptist \1112 -01 Report for CC, St John baptist.docx �QRM'AR INDUSTRIAL TRACTS CORMAR INDUSTRA 'L TRA TS COLUMBIA PARK CE CQLUM ®IA PARK CENTER #3 IL BALDWIN MQORE FARM O12AE ®A® SUBJECT PROPERTY Q;N E 01 CEDAR G QVE SPICE PLAZA. Date Created: 10/23/2012 Prepared By: jeremym Department of Development Services CASE: 1112 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition Ordinance amending the Unified Development Code ( "UDC ") upon application by WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner "), by changing the UDC Zoning Map in reference to the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and to 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands, from the "IH" Heavy Industrial District to the "CG -2" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations regarding the application of WKMC Architects, acting as agent on behalf of St. John Baptist Church, Corpus Christi, Texas ( "Owner "), for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 2012, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on the west 225 feet out of Lot 8A, Block 1, Cedar Grove, and on 4.55 acres out of Lot 2, Section 5, Bohemian Colony Lands (collectively, the "Properties "), located north of Hala Pit Road and west of Greenwood Drive, from the "IH" Heavy Industrial District to the "CG -2" General Commercial District (Zoning Map No. 049038 and 049039), as shown in Exhibits "A" and "B." Exhibit "A," which is a location map pertaining to the Properties, and Exhibit "B," which is a metes and bounds description of the Properties, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. 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 Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Page 2 of 2 �QRM'AR INDUSTRIAL TRACTS CORMAR INDUSTRA 'L TRA TS COLUMBIA PARK CE CQLUM ®IA PARK CENTER #3 IL BALDWIN MQORE FARM O12AE ®A® SUBJECT PROPERTY Q;N E 01 CEDAR G QVE SPICE PLAZA. Date Created: 10/23/2012 Prepared By: jeremym Department of Development Services CASE: 1112 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition EXHIBIT A MURRAY BASS, JR., P.E.,R.P.L.S. NIxoN M. WELSH, P.E.,R.P.L.S. www.bass- welsh.com e -mail: nixmw(a aol.com BASS & WELSH ENGINEERING TX Registration No. F -52 Survey Registration No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 October 18, 2012 Field Note Description 3054 S. ALAMEDA, zIP 78404 361 882 - 5521- FAX 361 882 -1265 e -mail: murravjr@aol.com Being a tract situated in Corpus Christi, Nueces County, Texas, a portion of Lot 8A, Block 1, Cedar Grove Subdivision as shown on the map thereof recorded in Volume 60 at Page 42, in the Map Records of Nueces County, Texas and the 4.55 acre tract out of Lot 2, Block 5, Bohemian Colony Lands as shown on the map thereof recorded in Volume "A' at Page 48 of the Map Records and being described in the deed recorded in Volume 2153 at Page 91 of the Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of the heretofore referenced Lot 8A, Block 1, Cedar Grove for the southwest corner of this tract; THENCE N 29 °00'00" E with the west line of Lot 8A at 423.17 feet pass the northwest corner of Lot 8A and the southwest corner of the 4.55 acres and in all a distance of 1304.39 feet to the northwest corner of the 4.55 acre tract for the northwest corner of this tract; THENCE S 61°36'00" E along the north line of the 4.55 acre tract a distance of 225.0 feet to the northeast corner of the 4.55 acre tract and of this tract; THENCE S 29 °00'00" W along the east line of the 4.55 acres at 881.22 feet pass the north line of Lot 8A, Block 1, Cedar Grove and in all a distance of 1304.39 feet to a point in the south line of Lot 8A for the southeast corner of this tract; THENCE N 61°36'00" W along the south boundary of Lot 8A a distance of 225.00 feet to the POINT OF BEGINNING, forming a tract embracing 6.74 acres. Murray Bass, Jr., R.P.L.S. Note: Basis of Bearing is the west line of Lot 8A, Block 1, Cedar Grove MBJ:sab 12069 -Field Note Desc2.doc Page 1 of 1 EXHIBIT B y ___. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 18, 2012 Second Reading /Action Item for the City Council Meeting of January 8, 2012 DATE: TO: FROM: November 8, 2012 Ronald L. Olson, City Manager Mark E. Van Vleck, P.E., Interim Director, Department of Development Services MarkVV @cctexas.com (361) 826-3246 PUBLIC HEARING — CHANGE OF ZONING Advanced Housing Alternatives Corporation (Case No. 1112 -02) Change from "RS -6" Single - Family 6 District to "CH" Cottage Housing District Property Address: 878 Oak Park Avenue, 849 and 847 Erwin Avenue CAPTION: Case No. 1112 -02 Advanced Housing Alternatives Corporation: A change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District, resulting in a change of future land use from low density residential to medium density residential. The property to be rezoned is described as Oak Park, Block 9, Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. PURPOSE: The purpose of this item is to rezone the property to allow construction of a nine -unit cottage housing development. RECOMMENDATION: Planning Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. BACKGROUND AND FINDINGS: As detailed in the attached Zoning Report, the applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District to allow construction of a nine -unit cottage housing development, which will be the second phase of the Oak Park Cottages. The first phase, located across Erwin Avenue and constructed in early 2012, consists of eight units. The "CH" District allows the developer to take advantage of smaller lot sizes, and increased density, while providing centralized common open space and a cottage architectural theme. The proposed cottage housing development will consist of nine separate dwelling units. The developer will construct a total of two one - bedroom houses, five two - bedroom houses, and two three - bedroom houses on the property. There will be a minimum common open space of 400 square feet per cottage unit with a total of 3,600 square feet. The proposed Cottage Housing development will utilize efficient land use development techniques to provide affordable housing, promote infill development, and provide opportunities for home ownership. Cottage Housing developments provide affordable housing by utilizing increased densities, decreased setbacks, lot sizes, and parking requirements. This allows the developer greater flexibility in design and construction, which allows the savings to be passed on to the potential home owner. The proposed project is redeveloping property on a vacant tract of land that might otherwise have remained vacant for some time. ALTERNATIVES: 1. Approve an intermediate zoning district or Special Permit; or 2. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with elements of the Comprehensive Plan, however, it is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Planning, Legal, and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview Map Zoning Report with Attachments Ordinance with Exhibits ZONING REPORT Case No.: 1112 -02 HTE No. 12- 10000037 Planning Commission Hearing Date: November 7, 2012 Applicant & Legal Description Applicant /Representative: Advanced Housing Alternatives Corporation Owner: Advanced Housing Alternatives Corporation Legal Description /Location: Oak Park, Block 9, Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, located on Mueller Street between Oak Park Avenue and Erwin Avenue. Zoning Request From: "RS -6" Single - Family 6 District To: "CH" Cottage Housing District Area: 0.93 acres Purpose of Request: To allow construction of a nine -unit cottage housing development. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Low Density Residential North "RS -6" Single - Family 6 Low Density Residential Low Density Residential South "RS -6" Single - Family 6 Low Density Residential Low Density Residential East "RM -3" Multifamily 3 Medium Density Residential Medium Density Residential West "RS -6" Single - Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change of zoning to the "CH" Cottage Housing District is not consistent with the adopted Future Land Use Plan. Map No.: 048045 Zoning Violations: None Transport -ation Transportation and Circulation: The subject property has 284 feet of frontage along the south side of Mueller Street, 195 feet of frontage along the west side of Oak Park Avenue, and 155 feet of frontage along the west side of Erwin Avenue, which are all local residential streets. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Mueller St. "Local" Residential 50' ROW 28' paved 60' ROW 40' paved Not Available Oak Park Ave. Local" Residential 50' ROW 28' paved 70' ROW 42' paved Not Available Erwin Ave. "Local" Residential 50' ROW 28' paved 50' ROW 28' paved Not Available Zoning Report Case # 1112 -02 Advanced Housing Page 2 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District to allow construction of a nine -unit cottage housing development, which will be Phase 2 of the Oak Park Cottages. The "CH" District allows the developer to take advantage of smaller lot sizes and increased density, while providing centralized common open space and a cottage architectural theme. Applicant's Development Plan: The proposed cottage housing development will consist of nine separate dwelling units. The developer will construct a total of two one - bedroom houses, five two - bedroom houses, and two three - bedroom houses on the property. There will be a minimum common open space area of 400 square feet per cottage unit with a total of 3,600 square feet. Phase 1 has been constructed and consists of eight units, which is located across Erwin Avenue. Existing Land Uses & Zoning: North, west, and south of the subject property is a single - family subdivision zoned "RS -6" Single - Family 6 District. East of the subject property is the Oak Park Cottages Phase 1, which is zoned "RM -3" Multifamily 3 District. The subject property was the site of the former Oak Park Methodist Church, which was recently demolished after a fire. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is not consistent with the adopted Future Land Use Plan, which slates the property for a low density residential use. The proposed change of zoning is consistent with other elements of the Comprehensive Plan, such as: 1.) The construction of quality, affordable new homes, and the rehabilitation of substandard homes should be encouraged (Comprehensive Plan, Housing Policy Statement A). 2.) Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement H). 3.) Planned Unit Developments and other creative land planning techniques should be encouraged (Comprehensive Plan, Residential Policy Statement K). Plat Status: The property is currently platted. In order to construct the Cottage Housing development the property will need to be replatted. Department Comments: - The proposed Cottage Housing development will utilize efficient land use development techniques to provide affordable housing, promote infill development, and provide opportunities for home ownership. - Cottage Housing developments provide affordable housing by utilizing decreased setbacks, lot sizes, and parking requirements. This allows the developer greater flexibility in design and construction, which allows the savings to be passed on to the potential home owner. - The proposed change of zoning would increase the potential density to a maximum of 12 units per acre. The Cottage Housing ordinance allows the developer to increase the density while providing a specified amount of centralized common open space for the residents. Zoning Report Case # 1112 -02 Advanced Housing Page 3 - The proposed project would redevelop property that was recently vacated and that otherwise might remain vacant for some time. Planninq Commission and Staff Recommendation (November 7, 2012): Approval of the change of zoning from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District. c.) a Notification Number of Notices Mailed — 42 within 200' notification area; 5 outside notification area As of November 8, 2012: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 3 (inside notification area); 0 (outside notification area) For 8.22% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Development Plan K: \DevelopmentSvcs \SHARED\ZONING CASES \2012 \1112 -02 Advanced Housing \1112-02 Report for CC, Advanced Housing.docx IH 37 ACCESS ACC 0 o SUBJECT\ PROPERTY 9 E AMA 1,5 3 18 15 WE ®B 00 LA WN DLAWN UNIT 2 Foot OAK PARK Date Created: 10/22/2012 Prepared By: jeremym Department of Development Services CASE: 1112 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single - Family 6 RS-4.5 Single - Family 4.5 RS -TF Two - Family RS -15 Single - Family 15 RE Residential Estate RS -TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition CHANNEL LEOPARD SUBJECT PROPERTY AGNES- MORGA LOCATION MAP OAK PA A'S ERWIN Air Ordinance amending the Unified Development Code ( "UDC ") upon application by Advanced Housing Alternatives Corporation ( "Owner "), by changing the UDC Zoning Map in reference to Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause, penalties, and publication. WHEREAS, the Planning Commission has forwarded to the City Council its report and recommendation regarding the application of Advanced Housing Alternatives Corporation ( "Owner ") for an amendment to the City of Corpus Christi's Unified Development Code ( "UDC ") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2012, during a meeting of the Planning Commission, and on Tuesday, December 18, 2012, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Advanced Housing Alternatives Corporation ( "Owner"), the Unified Development Code ( "UDC ") of the City of Corpus Christi, Texas ( "City "), is amended by changing the zoning on Lots 10, 11, 12, 23, and the north 28 feet of Lot 13, Block 9, Oak Park Addition (the "Property "), located on Mueller Street between Oak Park Avenue and Erwin Avenue, from the "RS -6" Single - Family 6 District to the "CH" Cottage Housing District (Zoning Map No. 048045), as shown in Exhibit "A." Exhibit "A," which is a location map pertaining to the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. 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 Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 1112 -02 Ordinance, Advanced Housing RS6 to CH FINAL Page 2 c O o SUBJECT\ PROPERTY 9 y4 M A D A I( R -S - TF 00 LA WN DLAWN UNIT 2 OAK PARK Date Created: 10/22/2012 Prepared By: jeremym Department of Development Services CASE: 1112 -02 1. SUBJECT PROPERTY Subject Property CHANNEL LEOPARD SUBJECT PROPERTY AGNES- MORGA EXHIBIT A LOCATION MAP AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 9, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Amending Chapter 57, Vehicles for Hire CAPTION: • Motion to amend prior to second reading Section 1 of the Ordinance amending the Code of Ordinance, City of Corpus Christi, Chapter 57, Vehicles for Hire by revising Section 57 -88 to allow vehicles modified with specialized access equipment to service persons with disabilities to operate up to 15 years of age. • Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees PURPOSE: Update ordinance. City Council requested at a model incentive for handicap accessible vehicles to be allowed to operate for a longer period of time to allow taxi cab companies time to amortize cost of such vehicles at December 11, 2012 Council Meeting. BACKGROUND AND FINDINGS: Per City Council Discussion on December 11, 2012, the following amendment is proposed: Sec. 57 -88. - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) years old at the time it is placed into service, nor more than ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than ten (10) years old, as calculated above, may be used as taxicab vehicle. Exception: No vehicles modified with specialized access equipment to service persons with disabilities which are more than fifteen (15) years old, as calculated above, may be used as taxicab vehicle. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years old must pass an annual physical and mechanical inspection at a location to be designated by the Taxi Inspector. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years must be approved by the Taxi Inspector. The changes to the ordinance are detailed below: Fares: A 10% rate increase per mile, adjustments to fuel surcharge rate bands, adjusted `wait time' fees, increases in airport surcharge, additional credit card transaction fee and minimum fare rate added for outlining areas of city. These changes are in line with industry standards and needed for fuel and equipment cost increases. The last time the fares were adjusted by City Council action was 2006. Inspections: Inspections reduced from 4 times annually to once annually and a $15 inspection fee added, in line with industry standards. Fees: Application fees for new companies raised from $200 to $250, limo application fees brought in line with taxi application fees, driver permit fees raised from $40 every two years to $50 and a 20% late fee added for late `street user fees'. These fee adjustments represent our actual cost of processing each. Revenue increase to the General Fund $6,500. Appeals: Appeal hearings will be filed with and conducted by City Managers Designee instead of City Manager. Appeal hearings will be held within 15 business days instead of 5 days. Owner Certificate and Driver Permit Requirements: Owners will be required to maintain an office within the city limits of Corpus Christi, which is not a residence. New drivers requesting permits will be required to have been a resident of Corpus Christi, Nueces County or one of the contiguous counties bordering Nueces County for a period of 3 months. Enforcement, Driver Regulations and Licensing Factors: Revision of driver drug and alcohol policies, penalties for lapsed insurance requirements, dress code revisions, updated limo definitions and updates of enforcement options to be more in line with industry standards. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital ❑Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $6,500 $6,500 $6,500 BALANCE $6,500 $6,500 $6,500 Fund(s): Comments: RECOMMENDATION: Staff recommends approving the revisions to the ordinance. LIST OF SUPPORTING DOCUMENTS: AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 11, 2012 Second Reading Ordinance for the City Council Meeting of December 18, 2012 DATE: TO: November 9, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Amending Chapter 57, Vehicles for Hire CAPTION: • Motion to amend prior to second reading Section 1 of the Ordinance amending the Code of Ordinance, City of Corpus Christi, Chapter 57, Vehicles for Hire by revising Section 57 -88 to allow vehicles modified with specialized access equipment to service persons with disabilities to operate up to 15 years of age. • Ordinance amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees PURPOSE: Update ordinance. City Council requested at a model incentive for handicap accessible vehicles to be allowed to operate for a longer period of time to allow taxi cab companies time to amortize cost of such vehicles at December 11, 2012 Council Meeting. BACKGROUND AND FINDINGS: Per City Council Discussion on December 11, 2012, the following amendment is proposed: Sec. 57 -88. - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) years old at the time it is placed into service, nor more than ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than ten (10) years old, as calculated above, may be used as taxicab vehicle. Exception: No vehicles modified with specialized access equipment to service persons with disabilities which are more than fifteen (15) years old, as calculated above, may be used as taxicab vehicle. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years old must pass an annual physical and mechanical inspection at a location to be designated by the Taxi Inspector. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years must be approved by the Taxi Inspector. The changes to the ordinance are detailed below: Fares: A 10% rate increase per mile, adjustments to fuel surcharge rate bands, adjusted `wait time' fees, increases in airport surcharge, additional credit card transaction fee and minimum fare rate added for outlining areas of city. These changes are in line with industry standards and needed for fuel and equipment cost increases. The last time the fares were adjusted by City Council action was 2006. Inspections: Inspections reduced from 4 times annually to once annually and a $15 inspection fee added, in line with industry standards. Fees: Application fees for new companies raised from $200 to $250, limo application fees brought in line with taxi application fees, driver permit fees raised from $40 every two years to $50 and a 20% late fee added for late `street user fees'. These fee adjustments represent our actual cost of processing each. Revenue increase to the General Fund $6,500. Appeals: Appeal hearings will be filed with and conducted by City Managers Designee instead of City Manager. Appeal hearings will be held within 15 business days instead of 5 days. Owner Certificate and Driver Permit Requirements: Owners will be required to maintain an office within the city limits of Corpus Christi, which is not a residence. New drivers requesting permits will be required to have been a resident of Corpus Christi, Nueces County or one of the contiguous counties bordering Nueces County for a period of 3 months. Enforcement, Driver Regulations and Licensing Factors: Revision of driver drug and alcohol policies, penalties for lapsed insurance requirements, dress code revisions, updated limo definitions and updates of enforcement options to be more in line with industry standards. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital ❑Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $6,500 $6,500 $6,500 BALANCE $6,500 $6,500 $6,500 Fund(s): Comments: RECOMMENDATION: Staff recommends approving the revisions to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees; Providing an effective date; Providing for severance; and Providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 57, Article II "TAXICAB" is revised to read as follows: ARTICLE II. — TAXICABS Sec. 57 -20. - Definitions. The following terms, as used in this article, article III, and article IIIA, shall have the meanings respectively ascribed to them: Business Days: The official working days of the City of Corpus Christi not including weekends or public holidays. Certificate: A certificate authorizing taxicab or vehicle for hire service in the City of Corpus Christi issued pursuant to this article. Driver or chauffeur: Shall be held to include every person in actual charge of the operation of a taxicab or vehicle for hire, whether he is the owner or is an agent, servant or employee of the owner. For hire: For money or other thing of value, gratuities, tips and free -will offerings, whether paid directly or indirectly, as compensation or consideration for services rendered. Mobile Data Terminal or MDT: a computerized GPS dispatch system terminal that is mounted in the vehicle to allow for dispatching of taxicabs. Owner.-: Any person, firm, corporation, association, partnership or society who holds a valid and current certificate and who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of one or more taxicabs on or over the streets or public ways of the city, whether as owner or otherwise. Taxicab: Every automobile or motor - propelled vehicle used for the transportation of passengers for hire over the public streets of the city and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, for waiting time, for both or at rates per hour, per day, per week or per month under circumstances that such vehicle is routed under the direction of the passenger hiring same. The term "taxicab" does not include driverless vehicles nor does it include vehicles operated exclusively under any special certificate carrying to or from any municipal airport of the city to any point within the city or through any part of the city, but the provisions relating to drivers shall apply to all vehicles operated under special certificate, as well as other vehicles included herein, when a driver is furnished. Taxicab stand: A public place alongside the curb or curbline of a street which has been designated by the city traffic engineer as reserved exclusively for the use of taxicabs in accordance with the provisions of this article and the traffic ordinances of the city. Taximeter: A machine adapted automatically to calculate at a predetermined rate and to register the charge for hire of a taxicab, and such charges shall be indicated numerically. Vehicle for hire: Shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, which operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but not be limited to taxicabs, buses, vans, motor coaches, limousines, classic vehicles, luxury vehicles, horse drawn carriages and pedicabs. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 57 -21. - Enforcement and administration — Generally. Enforcement and administration of the provisions of this article and the supplemental regulations for Taxi cabs at the Corpus Christi International Airport shall be a function of such officers and employees of the city as may be designated by the city manager. The designated employees shall exercise powers and promulgate rules necessary to enforce the provisions of this article. Sec. 57 -22. - Same — Police assistance. The taxicab inspector and such other employees as are designated by the city manager or his designee may call upon the police department of the city for cooperation in enforcing the provisions of this article, and it shall be the duty of the chief of police to direct the members of the police department to give such cooperative action as requested, and it shall further be the duty of all police officers of the city to make investigations of violations of this article and to make arrests for violations of this article committed in their presence in the same manner as for violations of the traffic ordinances of the city. Sec. 57 -23. - Taxicab inspector— Appointment. Taxicabs and vehicles for hire shall be under the supervision of the taxicab inspector of the city, who shall be appointed with the approval of the city manager. Sec. 57 -24. - Same — Duties generally. It shall be the duty of the taxicab inspector to receive all applications for certificates to operate taxicabs and vehicles for hire and to receive all other applications under this article, conduct hearings thereon, from time to time inspect the operations of taxicabs and vehicles for hire; inspect the taxicab and vehicles for hire vehicles within the city;i enforcement of city ordinances and such other duties as may be required of him in connection with the taxicab and vehicle for hire operations. Sec. 57 -25. - Same — Records and reports; action to suspend or revoke privilege; records and reports by others. The taxicab inspector shall establish, maintain and keep a system of records showing whether the holder of any certificate to operate a taxicab or vehicle for hire in the city has been guilty of a breach of any condition of such certificate or has failed to comply in any material manner with the terms and stipulations thereof, and the taxicab inspector shall take action when, in his opinion, the certificate of any such operator should be suspended or revoked or penalties imposed on the holder under all the facts and circumstances reflected by the records. The records to be kept by the taxicab inspector as to performance of certificate holders shall include, but without limitation, records of charges, convictions, reprimands, warnings, and observations of officers and employees of the city concerning the performance of any certificate holder or employee of such holder. Sec. 57 -26. - Certificate holder and driver to comply. (a) Certificate holder. In the operation of a taxicab or vehicle for hire service, a holder shall comply with the terms and conditions of this article and regulations established under this article and be responsible for all vehicles authorized to operate under the holder's certificate. (b) Driver. While on duty, all drivers shall comply with this article, regulations established under this article, other law applicable to the operation of a motor vehicle in this state, and orders issued by the holder employing or contracting with the driver in connection with the holder's lawful discharge of his duty under this article. Sec. 57 -27. - Certificate holder's duty to enforce compliance by drivers. (a) A holder of a valid and current certificate shall establish policy and take action to discourage, prevent, or correct violations of this chapter by drivers, who are employed by or contracting with the holder. (b) A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab or vehicle for hire if the holder knows or has reasonable cause to know that the driver has failed to comply with the rules and regulations established by this article. (c) Any failure to comply with regulations established under this article shall be cause for suspension or revocation of the certificate authorizing the holder to operate a taxicab or vehicle for hire service within the city. Sec. 57 -28. - Contract driver. (a) Certificate holders may contract with a driver, but only if the contract: (1) Provides that the certificate holder, taxicab owner, vehicle for hire owner and any taxicab or vehicle for hire driver shall indemnify the city and hold the city harmless for all claims or causes of action against the city arising from the conduct of the driver, operation of business, condition or operation of vehicle or claims arising under the contract; and (2) Provides that any taxicab operated pursuant to such contract be properly licensed, be in good working order and be equipped with a two -way communication system, taximeter, top light or flag indicating occupancy; and (3) Provides that the driver agrees to operate the taxicab or vehicle for hire and conduct himself in compliance with the Code of Ordinances of the City of Corpus Christi included but not limited to Article 11, Taxicabs; Division 4, Vehicles; Division 5, Drivers; Division 6, Taximeters, Fares; and (4) Provides that failure to comply with any requirements of the City Code by the driver will constitute a breach of contract with the certificate holder. (b) thc city manager or his designee bcforc thc contract is valid. The city manager or his designee may disapprove a contract form if he determines that the contract is inconsistent with regulations established undcr this chaptcr. A holder may not use a contract that has not been approved by thc city manager or his dcsigncc. The contract between a holder and driver must be consistent with regulations established under this chapter. The certificate holder must provide contracts upon request from the City. Any certificate holder who enters a contract inconsistent with regulations established under this chapter is subject to suspension or revocation. Sec. 57 -29. - Suspension and revocation of certificate. Any certificate may be either suspended for any period of time not to exceed six (6) months or revoked by the taxicab inspector. (1) The taxicab inspector shall suspend or revoke a certificate if it is determined that the holder has: a. Failed to comply with a correction order issued to the holder by the taxicab inspector or his designee, within the time specified in the order; or b. Intentionally or knowingly impeded the city manager or his designee, the taxicab inspector or a law enforcement agency in the performance of their duties; or c. Failed to comply with the requirements established in this article in any way; or d. Been convicted for violation of another city, state or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service; or e. Substantially breached the terms of the certificate; or f. Failed to pay city ad valorem taxes, when due, on all vehicles and other equipment used in connection with the taxicab service; or g. Failed to pay the street use fee at the time it is due. (2) Every suspension or revocation of the certificate shall be in writing, dated and shall state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such certificate. Such order of suspension or revocation shall be effective as of the date of such notice; provided, however, that the holder whose certificate has been suspended or revoked may within five (5) business days after the date of such notice appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than fivc (5) days fifteen (15) business days following receipt of the notice of appeal for hearing and after such hearing sustain or reverse the suspension or revocation. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. (3) A suspension of a certificate shall not affect the expiration date of the certificate. (4) Upon revocation of a certificate, said holder shall be ineligible for a new certificate for a period of two (2) years. (5) Reinstatement. After suspension of a permit, a holder may file with the city manager or his designee a written request for reinstatement. The taxicab inspector shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the taxicab inspector shall submit his recommendation together with supporting facts to the city manager. The city manager or his designee may as he determines appropriate, reinstate the certificate or deny reinstatement. DIVISION 2. - CERTIFICATE, FEES, BUSINESS REGULATIONS Sec. 57 -30. - Certificate, license and permit required. It shall be unlawful for any person to drive or operate or to cause to be driven or operated any taxicab upon or over any street or thoroughfare in the city unless the owner or operator thereof has first secured a certificate from the city to operate a taxicab and the required license and permit to operate such vehicle under this article has been issued. Sec. 57 -31. - Certificate application— Requisites, filing. Every person proposing to operate a taxicab service in the city shall make application in writing on forms provided by the city requesting a certificate pursuant to the terms of this article for such proposed taxicab service. Such application for certificate to operate a taxicab service shall be verified under oath and shall be filed in triplicate and accompanied by a nonrefundable filing fee of two hundred dollars {$200.00} two hundred fifty dollars ($250.00) to cover administrative costs and the costs of publication of notices as required in this article. Sec. 57 -32. - Same — Information to be given. Every application for a certificate under this article shall include the following information: (1) The name and address of the applicant. (2) A sworn statement by the applicant (which term shall include every person with a ten (10) per cent or greater ownership interest in the applicant) that there does not exist any unsatisfied final judgment against the applicant or any entity in which the applicant has or, at the time of judgment, had a ten (10) per cent or greater ownership interest, which judgment arose out of the operation of a taxicab business. (3) Experience of the applicant in the transportation of passengers. (4) Whether the applicant has been convicted of criminal offenses listed by the city manager or his designee as reflecting unfitness to operate a public transportation service. (5) The minimum and maximum number of vehicles taxicabs proposed to be operated by the applicant. The minimum number of vehicles taxicabs placed into service at the time of issuance of a certificate shall be at least one (1). (6) Location of proposed base of operations and call box stands within the Corpus Christi city limits and in a location other than a dwelling. (7) The color scheme and insignia to be used to designate the vehicles of the applicant, which shall be distinct and unique from any other taxi company currently operating. (8) The model year, make current license number, and vehicle identification number of each vchicics taxicab the applicant expects to use in its operation., and thc probablc agc and condition of othcr vchicics thc applicant cxccpts to acquirc. (9) Proof that he has in effect required insurance covering operations under the certificate. (10) The public telephone number to be used by the public to request service. (11) A description of the communications dispatch system to communicate requests from prospective passengers to the taxicab driver. (12) Payment in advance for taxicab use fee for the initial three -month period under section 57- 36 Sec. 57 -33. - Same — Consideration of application or reapplication. When application for a certificate has been made, the city manager or his designee shall determine if the applicant has complied with the provisions of this article. The matter of determining whether the applicant has complied with the provisions of this article may be referred to the taxicab inspector for his advisory finding on such matter, and the taxicab inspector is authorized to hold such hearings as will give all interested parties an opportunity to present evidence on the question. Sec. 5734. Same Public notice of application; hearings. inspcctor shall causc a noticc to bc publishcd in thc official ncwspaper of thc city. The noticc constitutc a noticc to all holdcrs of thc cxisting ccrtificatcs that a public hcaring will bc hcld by thc noticc and at a dcsignatcd timc givcn in thc noticc. Such dcsignatcd timc shall not bc Icss than fivc (5) days nor morc than fiftccn (15) days aftcr thc datc of thc first publication of thc noticc, and the notice shall be published for three (3) succcssive days. All holders of taxicab protcsts. Sec. 57 -35. - Same — Issuance. If it is determined from the investigation and hearing that the applicant has complied with the provisions of this article, a recommendation shall be made to the city manager or his designee that a certificate to operate taxicab service in the city be granted for a term not to exceed five (5) years from the date of issuance specifying the maximum number of taxicab vehicles which may be operated by the certificate holder during the five -year term. The applicant shall be notified of such recommendation. Sec. 57 -36. - Taxicab street use fee. (a) Each owner holding a certificate to operate a taxicab upon the streets within the city shall pay the city each three -month period as a taxicab street use fee an amount equal to one hundred dollars ($100.00) times the maximum number of vehicles authorized by a current and valid certificate. For the purpose of calculating the taxicab street use fee, the maximum number of vehicles shall be no lower than five (5). (b) Notwithstanding the provisions of section 57 -35 a certificate holder may, upon written request to the city manager or his designee, apply to increase or decrease prospectively the maximum number of vehicles authorized to be operated during the following consecutive twelve -month period of the remaining term of the current certificate. (c) The number of vehicles in service by a certificate holder shall not exceed the maximum number of vehicles authorized to be operated under such certificate. (d) The annual street use fee shall be paid in four (4) payments as follows: on or after January 1 and before January 10; on or after April 1 and before April 10; on or after July 1 and before July 10; on or after October 1 and before October 10. A twenty percent (20 %) late fee shall be applied to any street use fee submitted past the established deadlines. (e) If the holder of the certificate shall fail to comply with any requirement herein or shall willfully file any false statements, the same shall be cause for a suspension or revocation of the certificate authorizing the holder to operate a taxicab service within the city. Sec. 57 -37. - Payment of taxes, fees, etc. It shall be the duty of every owner of any taxicab operated within the city to render for an pay all ad valorem taxes to the city for all vehicles and other equipment used in such business, and a failure to render for and to pay such ad valorem taxes to the city, twenty percent (20 %) late fee when paid after the tenth (10th) day of each quarter or failure to pay any other fees, licenses or charges to the city before they become delinquent shall, if not paid after written notice of default, operate as a revocation of any certificate, license or permit authorizing the operation of taxicabs over the public streets, alleys and ways of the city. Sec. 57 -38. - Report as to drivers in charge of particular taxicabs. The owner of any taxicab used in the business of carrying passengers for hire upon the streets of the city and which is licensed to carry on such business shall, upon request of the taxicab inspector, report the drivers who are in charge of the particular cars at a specified time. Sec. 57 -39. - Records in connection with calls. Every holder of a certificate and owner or operator of a taxicab shall keep accurate records relating to calls received and services performed, the time of such calls or services, the name of the driver performing the service or making the service call, the place of such call and the time of return from such call; ad41 and access to such records shall be given to the taxicab inspector or the chief of police; and every refusal to give such records or furnish information kept regarding such matters shall be and is hereby made a misdemeanor and may additionally result in a suspension or revocation of certificate. Sec. 57 -40. - Responsibility of each person in engaging a taxicab or vehicle for hire. By taking any action in connection with this Article 11, Article 111 and Article IIIA on taxicabs or any vehicle for hire (including, but not limited to, inspections, investigations, administration, enforcement, recordkeeping, and the granting, suspension and revocation of certificates, licenses, and permits), the city and its agents and employees do not in any way represent or undertake to represent the fitness of any taxicab, driver, or aspect of the taxicab business, and it shall be the sole responsibility of each person to decide whether to engage or use a taxicab or vehicle for hire without relying on any action of the city. Secs. 57- 41- 57 -55. - Reserved. DIVISION 3. - FINANCIAL RESPONSIBILITY Sec. 57 -56. - Liability Insurance — Generally. Before any license or permit shall be issued to any owner or operator of a taxicab or before any renewal of a license or permit shall be granted, the owner or operator shall be required to file a certificate of insurance with the taxicab inspector and thereafter keep in full force and effect a policy of die auto liability insurance with a company duly authorized to do business in the statc State of Texas and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not, for each vehicle, be less than fifty thousand dollars ($50,000.00) for injury or death of one (1) person and one hundred thousand dollars ($1007,000.00) for injuries or deaths in any one (1) occurrence; and not less than twenty -five thousand dollars ($25,000.00) for injury to or destruction of property in any one occurrence; Each insurance policy shall require notice from the insurer to the city at least ten (10) days before any such policy is to be terminated for any reason by the insurer or by the insured. So as to adequately protect the City of Corpus Christi and its residents, the dircctor of sfcty and ring, management Risk Manager shall have the authority to adjust auto liability insurance coverage limits in accordance with section 17 -19 of this Code of Ordinances. Sec. 57 -57. - Same — Continuing liability of insurance. All policies of public liability insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. Sec. 57 -58. - Nonliability of city for pecuniary responsibility. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab or vehicle for hire. Secs. 57- 59- 57 -74. - Reserved. DIVISION 4. - VEHICLES Sec. 57 -75. - License required. It shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over any street in the city unless there has been obtained for such taxicab and existing in full force and effect a license duly issued by the taxicab inspector as provided in this division. However, for inspection purposes, an employee of the company may bring the taxi cab for inspections to the designated inspection point or for maintenance purposes an employee of the company may drive a taxi on city streets with the off duty sign on the dashboard. Sec. 57 -76. - Prerequisites to issuance of license. Upon obtaining a certificate to operate a taxicab service in the city as provided in this article, the holder shall make application to the taxicab inspector for a license to be issued for each vehicle to be operated as a taxicab. The application shall be accompanied by an inspection fee of ten dollars ($10.00) fifteen dollars ($15) per vehicle to be licensed. Prior to the issuance of a license for a taxicab, the taxicab inspector shall conduct an inspection of the vehicle to determine that it complies with the requirements of this article and the regulations promulgated pursuant thereto. In the event a vehicle fails to pass this inspection, the certificate holder shall have ten (10) business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed, an additional fifteen dollar ($15) inspection fee per vehicle to be licensed will be applied. Sec. 57 -77. - Nontransferability of license. No license issued under the terms of this division shall be transferred to any other vehicle. No license shall be used for the operation of any vehicle under the provisions of this division except for the vehicle for which the license was issued. Each license shall be valid for so long as the vehicle remains in service as a taxicab and complies with the continuing requirements of this division and the regulations promulgated pursuant thereto. Sec. 57 -78. - Posting license. The license issued for the operation of a taxicab under the terms of this division shall be posted within the taxicab in a conspicuous place. Sec. 57 -79. - Contents of license. The license shall state the year in which the license is issued and the name of the owner of the vehicle. It shall designate that the vehicle is a "taxicab," shall state the make of the vehicle, the vehicle identification number of the vehicle and current license number of the vehicle and shall further state that the owner or operator of the vehicle has deposited with the city a certificate of insurance providing for the protection of the passengers thereof and of the general public as provided for in this article, and the license shall be signed by the taxicab inspector of the city. Persons desiring to file complaints or comments concerning the operation or condition of a taxicab may refer to the contents of the license to note pertinent information and forward such complaints or comments to the taxicab inspector at the address indicated on the license. Sec. 57 -80. - Inspections — Generally. It shall be the duty of the taxicab inspector to inspect every licensed taxicab or vehicle for hire on a quartcrly an annual basis for the purpose of determining whether such vehicle is safe and in acceptable condition to be operated as a taxicab or vehicle for hire as described in section 57 -87. The certificate holder shall submit such vehicle to the taxicab inspector for inspection at the time and place specified by the inspector. An inspection fee of $15 per vehicle will paid in advance. If the taxicab inspector finds such vehicle to be in a safe and acceptable condition, an inspection seal designed by the taxicab inspector shall be placed on the vehicle's windshield stating the date and that the vehicle was approved by the inspector. No taxicab shall be operated in the city without the seal of the taxicab inspector indicating current inspection. If the taxicab inspector finds that the taxicab is in a defective condition and is unsafe or unacceptable to be used as a taxicab, he shall remove the inspection seal and order such vehicle not to be used as a taxicab until the defect so discovered shall be remedied. After the owner of such vehicle has remedied the defect, he shall again offer the same for inspection, and if the taxicab inspector shall find such vehicle to be safe and acceptable for public use, he shall approve the same as hereinbefore provided. No additional fcc for the inspcction shall be chargcd. In the event a vehicle fails to pass this initial inspection, the certificate holder shall have ten (10) business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed an additional fifteen dollar ($15) inspection fee per vehicle to be licensed will be applied. Nothing contained herein, however, shall prevent the taxicab inspector from inspecting any taxicab at any reasonable time that he sees fit, and he is expressly given power so to do, and upon finding such taxicab to be in a defective, unsafe or unacceptable condition, he shall remove the inspection seal and order its use as a taxicab discontinued until the taxicab is approved and the inspection seal placed on the windshield. Sec. 57 -81. - Same —Right of appeal from decision of inspector. Should the taxicab inspector find any taxicab or vehicle for hire in a defective condition and order its use as a taxicab or vehicle for hire discontinued, the owner of such taxicab or vehicle for hire shall have the right to appeal to the city manager or his designee within ten (10) business days from the date of such finding and order, and the appeal shall be perfected by letter addressed to the city manager or his designee, stating that an appeal from the ruling and order of the taxicab inspector is desired. Upon receiving such appeal and notice thereof, the city manager or his designate shall within fivc (5) days fifteen (15) business days hear such appeal and shall either sustain, modify or reverse the decision of the taxicab inspector. If no appeal is taken from the decision of the taxicab inspector in the time as provided herein, the decision of the taxicab inspector shall be final. Sec. 57 -82. - Operation of taxicabs. No taxicab for which a license shall have been issued shall be operated by anyone except a driver properly permitted to operate a taxicab under this article, except for inspection and maintenance purposes as prescribed in section 57 -75. Sec. 57 -83. - Identification on taxicabs. Every taxicab shall have placed on the front door or panel on each side of the cab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. The number of the cab and the telephone number of the owner shall also be placed upon the rear of any such vehicle. All of the lettering mentioned in this section shall not be less than two and one -half (21/2) inches in height and not less than five - sixteenths stroke with such paint or decalcomania as will weather the elements. Such lettering and paint must be kept legible at all times. Sec. 57 -84. - Signal indicating occupancy of taxicab. There shall be affixed on the outside top and front portion of each taxicab an electric light that can be turned on or a flag, signal or other device that may easily be seen by people on the street or sidewalks in the vicinity of such taxicab, and when a passenger engages and enters such taxicab the light shall be turned on or the flag, signal or other device shall be placed in such position as to denote that such taxicab is employed. Sec. 57 -85. . Dispatch Communication System. (a) After June 31, 2013, each vehicle used as a taxicab shall be equipped with ap two -way radio dispatch communications system or a Mobile Data Terminal to enable the driver of the taxicab to receive requests for service from the public using the business telephone number of the taxicab service and to respond or communicate such circumstances which render the taxicab unable to respond to such requests for service. Cell phones are prohibited for the use of receiving request for service from the public. Taking or making cell phone calls or texting is prohibited with a passenger in the vehicle. (b) A certificate holder or driver shall not monitor the radio frequency of another holder for the purpose of responding to a call for taxicab service dispatched by the other holder's taxicab service. Sec. 57 -86. - Taxicab stands —Use relations. Taxicab stands shall be occupied only by taxicabs having licenses in good standing. Vehicles shall be in numbers in accordance with the number of spaces designated at the respective locations. It shall be the duty of the city to place signs bearing the number of spaces of each taxicab stand. No vehicle other than a licensed taxicab shall be permitted to stop, stand or park for any purpose in any designated and established taxicab stand. Sec. 57 -87. - Condition of taxicab and vehicles for hire vehicles. All taxicab or vehicle for hire vehicles shall be determined to be in a safe, acceptable condition by the taxicab inspector. The taxicab inspector shall pass a vehicle for inspection when the following minimum standards are met: (a) Operational condition: (1) Shall satisfy all minimum state safety standards including but not limited to a current state inspection sticker, and current fire extinguisher; (not applicable to horse drawn carriages and pedicabs) (2) Shall be free of excessive visible exhaust, excessive engine noise and readily identified mechanical defects including but not limited to the brake system, transmission system, ignition system, air - conditioning and heating systems. (not applicable to horse drawn carriages and pedicabs) (b) Exterior condition: (1) The body and trim shall be intact, not be dented have excessive dents or bent out of shape. In the event a vehicle is dented and waiting on an insurance claim the vehicle may be driven as long as the claim is pending and the damage does not impeded the safe operation of the vehicle. (2) The exterior paint shall be free of rust, flaked or scraped areas. (3) The windshield shall be free of cracked glass. (c) Interior condition: (1) The interior shall be free of dust, dirt, rubbish, and be otherwise clean and sanitary. (2) The interior paint shall be free of rust, flaked, or scraped areas. (3) The coverings of floors, overhead liner, seats, head and arm rests shall be repaired of all rips, tears, and worn areas on the cover material. (4) The interior trunk shall be clean, sanitary, and free of debris. Sec. 57 -88. - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) years old at the time it is placed into service, nor more than ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than ten (10) years old, as calculated above, may be used as taxicab vehicle. Exception: No vehicles modified with specialized access equipment to service persons with disabilities which are more than fifteen (15) years old, as calculated above, may be used as taxicab vehicle. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years old must pass an annual physical and mechanical inspection at a location to be designated by the Taxi Inspector. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years old must be approved by the Taxi Inspector. Secs. 57- 89- 57 -95. - Reserved. DIVISION 5. - DRIVERS Sec. 57 -96. - Taxicab or vehicle for hire driver's permit required; permit fee. (a) Every person desiring to drive a taxicab or vehicle for hire in the city shall apply for and obtain a taxicab or vehicle for hire driver's permit from the taxicab inspector. It shall be unlawful for any person holding a certificate for the operation of a taxicab service in the city to permit any person to drive a taxicab or vehicle for hire unless such person shall have a driver's permit in good standing duly issued by the taxicab inspector, with the exception of inspection purposes under section 57 -75. (b) The fee for an original, renewal or transfer taxicab or vehicle for hire driver's permit is a nonrefundable forty fifty dollars ($49 -90– $50.00) and shall be paid at the time the permit application is filed with the taxicab inspector. The fee for a replacement permit is tap} twenty dollars ($10 -00 $20.00). Sec. 57 -97. - Application for taxicab or vehicle for hire driver's permit. (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is employed contracted with. (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3) months. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and thrcc (3) prints of #die four (4) current passport photos of applicant. Taxi Inspector shall have the authority to determine acceptable photographs. (5) Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony,— or misdemeanor or traffic law violation and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab or vehicle for hire em company. The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (7) A medical report dated not more than thirty (30) days prior to date of application, from a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. (8) The number and date of issuance of applicant's Texas Class A, B or C license. (9) The most recent date of completion of a certified defensive driving course, not to exceed two (2) years between completion date and application date. (b) An applicant may receive a temporary taxicab or vehicle for hire driver's permit that will expire thirty (30) calendar days after the date it is granted while pending satisfaction of subsections (a)(7) and (a)(9) above. A temporary permit will only be granted to those applicants whose criminal background checks comport with the requirements found at section 57 -98 of this Code. Sec. 57 -98. - Decision of taxicab inspector. (a) The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire consistent with the public safety and welfare. (b) The taxicab inspector shall determine that all provisions of this division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare. (c) The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab or vehicle for hire driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider: (1) The nature and seriousness of the crime; (2) The relationship of the crime to the purpose of requiring a taxicab or vehicle for hire driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts: a. Theft and other crimes of dishonesty, b. Assaultive crimes, c. Solicitation of prostitution, d. Sexual abuse crimes, e. Crimes of alcohol or drug abuse, f. Traffic offenses; (3) The extent to which the permit might offer an opportunity to engage in further criminal activity of the same type; (4) The extent and nature of the past criminal activity; (5) The age of the applicant when the crime was committed; (6) The amount of time elapsed since the applicant's last criminal activity; (7) The conduct and work activity of the person prior to and following the criminal activity; (8) Evidence of rehabilitation efforts; (9) Other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers. (10) Taxicab Inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of drivers permit and any arrests, charges or convictions of violations of the taxi cab code under section 57 of the municipal code or the supplemental regulations for taxicabs at the Corpus Christi International Airport for any applicant seeking new, renewal or transfer of permit. (d) Upon receipt of a release executed by the applicant, the police department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the department for licensing purposes. Said information shall be kept completely confidential by the taxicab inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab or vehicle for hire employer company in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness. (e) It is the duty of every certificate holder to screen its drivers. While it is the intent of the city in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the city taxicab driver's permit to excuse it from said duty. The continued employment contracted driver relationship by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and police department records shows a lack of mental, emotional or temperamental capacity to be a safe and reliable driver will be taken into consideration by the city when requested to grant or renew a certificate. Sec. 57 -99. - City's geography test required. The taxicab inspector shall require a written geography test of each applicant for a taxicab driver's permit covering knowledge of city streets, buildings, etc., to be composed by and at the discretion of the taxicab inspector. Until such applicant is duly qualified in his knowledge of city geography, the taxicab inspector shall not grant a city taxicab driver's permit to such applicant. Sec. 57 -100. - Identification cards. After the applicant has complied with all requirements of the provisions of this article and a permit has been issued, he shall receive two (2) identification cards, one of which shall contain the full view photograph of the applicant, police identification number, and further, such card shall read: "TO THE PASSENGER OF THIS CAB: If the description of the driver of this cab does not conform to the photograph hereon, you will please leave the cab and notify the department of police immediately, giving the number of cab and the operating name of the company." The identification card will be posted in full view in the passenger compartment of the taxicab which the applicant may be operating, and each taxicab in operation within the city under the provisions of this article will be required to purchase a container to receive this card, which container will be permanently attached to each taxicab. In addition to the card required for the taxicab, a driver's permit in card size will be issued which shall contain the photograph, full description, resit o nce business name and address and police identification number of the applicant. Such card shall be carried or worn with a clip on the person of the applicant and presented for identification purposes on demand of any passenger, the taxicab inspector or any police officer of the city. Sec. 57 -101. - Appeal from issuance or denial of taxicab or vehicle for hire driver's permit. After the taxicab inspector has made his decision, either the applicant for the driver's permit or any citizen of the city shall have the right to appeal to the city manager or his designee within ten (10) business days, which appeal shall be perfected by delivering, in writing, a statement that an appeal from the decision of the taxicab inspector is desired. The city manager or his designate will then, within a period of not more than five (5) fifteen (15) business days after receiving such notice of appeal, grant a hearing thereon and after the hearing of the appeal the city manager or his designee shall, within a period of five (5) business days, sustain or reverse the decision of the taxicab inspector. If no appeal is taken from the findings made by the taxicab inspector within the time provided above, the decision of the taxicab inspector shall be final. Sec. 57 -102. - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder fer employment as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective employer certificate holder, the driver should be employed contracted to drive taxicabs or a vehicle for hire in the city. Sec. 57 -103. - Duration and renewal of driver's permit. The taxicab& or vehicle for hire driver's permit, when issued, shall not be transferable and same shall be valid for a period of twenty -four (24) months and shall expire automatically unless renewed. No renewal shall be issued thirty (30) days after a permit has expired. No renewal of any taxicab or vehicle for hire driver's permit shall be issued unless and until the applicant for renewal has completed a renewal application and met the requirements of section 57- 97(a)(1) —(6), (8) and (9); shall have shown proof of satisfactory completion of a certified defensive driving course within the two -year period immediately prior to the application for renewal; has provided a medical certificate dated within the past 48 months that meets the medical requirements of section 57- 97(a)(7); and provided further, that the applicant must have maintained a satisfactory driving record according to standards established by the taxicab inspector. All of the above requirements of Section 57 -103 and any violations of this article, article III or IIIA shall be taken into consideration before a approval of a renewal application is granted. Sec. 57 -104. - Suspension or revocation of taxicabs or vehicle for hire driver's permit. Any taxicab or vehicle for hire driver's permit may be either suspended for any period of time not to exceed thirty (30) days or revoked by the taxicab inspector if the holder of such permit violates any of the provisions of this division, division III or division IIIA. Material misrepresentations on the driver's application are grounds for revocation. Such permit may also be revoked or suspended if the holder of the permit is guilty of a crime or traffic offense directly related to the holder's fitness to continue as a taxicab driver. Every suspension or revocation of the permit shall be dated and in writing and state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such permit to the address shown on the identification card. Such order of suspension or revocation shall be effective as of the date of sending such notice; provided, however, that the person whose permit has been suspended or revoked may, within five (5) business days after the date of sending such notice, appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than five (5) fifteen (15) business days following receipt of the notice of appeal for a hearing and after such hearing shall either sustain, reverse, or modify the order of the taxicab inspector. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. Sec. 57 -105. - Neat and clean appearance of drivers. (a) It shall be the responsibility of every certificate holder to require and to ensure that his or her drivers are neat and clean in appearance while on duty. All certificate holders shall require a driver employed or under contractual agreement with said holder to comply with the following: (1) All male drivers shall wear full length pants or shorts commonly referred to as Bermuda shorts or cargo shorts, with a finished hem, shirts with sleeves and collars, socks and closed - toed shoes,. cxccpt that during the months of April through Scptcmbcr, shorts, commonly rcfcrrcd to as Bcrmuda shorts or cargo shorts, with a finishcd hcm may be worn. (2) All female drivers shall wear full length slacks,- or shorts commonly referred to as Bermuda shorts or cargo shorts, with a finished hem, regular length skirts, blouses, socks or stockings and closed -toed shoes, and stockings, except that during the months of April through h may be worn n w-vrrT. (3) All drivers shall wear clean, unsoiled and untorn clothing. (4) All drivers shall maintain proper personal hygiene, i.e., be shaven; or have facial hair neatly trimmed, be free of offensive body odor, and have clean, combed hair. (b) While on duty, all drivers are prohibited from wearing: (1) Tee shirts as an outer garment, except as allowed in 57 -105 (c). (2) Hoodies, gsweat shirts and sweat pants. (3) Halters or tube tops. (4) Shirts with tails worn outside pants. (c) Company issued uniform style tee shirts may be allowed as lonq as they meet the below requirements: (1) Meet the color scheme of the taxicab company. (2) Are professional in appearance. (3) Contain no language or images that could be offensive to others. (4) Each specific style of tee shirt has been approved by the taxi inspector, to insure professional appearance standards. Failure to comply may result in the suspension or revocation of a driver's permit. Sec. 57 -106. - Length of time driver may operate taxicab. It shall be unlawful for a driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be continuously on duty, as a driver, for a greater period than twelve (12) hours within any twenty - four -hour period. Sec. 57 -107. - Use of alcoholic beverages or controlled substances. It shall be unlawful for any taxicab driver to consume any alcoholic beverages or use any form of controlled substances while on duty as a taxicab driver. This is to include prescription drugs prescribed to the driver that may affect his ability to drive and those illegal smoking products and related paraphernalia outlined in Section 33 -124 of the city code. If a cab company request random drug /alcohol test of an contract driver or request drug /alcohol test due to a traffic accident or contract driver injury and driver refuses the test, the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of drivers permit. Sec. 57 -108. - Notification of change of address of drivers. Every person operating any taxicab shall keep the taxicab inspector informed by written notice of any change of address of such driver. Sec. 57 -109. - Most direct route to be used. Any driver of a taxicab em,Gyed- contracted to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Sec. 57 -110. - Delivery of articles left in taxicabs to police. All drivers of taxicabs shall promptly deliver to the police depa tment taxi inspector's office or to authorized agents of their companies all property left in such vehicles by passengers. If delivered to the authorized agent of their company, the property shall be delivered to the taxi inspector's office with a report stating all the specifics and date abandoned of the property if not claimed by the 30th day after property is found in vehicle. Taxi Inspector shall obtain case number and incident report and deliver to CCPD Property Room. Sec. 57 -111. - Parking restrictions No taxicab shall be parked in a residential section of the city awaiting calls between 10:00 p.m. and 6:00 a.m. Sec. 57 -112. - Consent by passenger to carrying other passengers. It shall be unlawful for any taxicab driver to carry any person other than the passenger by whom he is engaged without the consent of such passenger. Sec. 57 -113. - Soliciting for passengers. No person shall solicit patronage or call attention to a taxicab in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. Sec. 57 -114. - Aiding prostitution. It shall be unlawful for any driver of a taxicab to knowingly transport any passenger to the abode of a prostitute or knowingly to transport any criminal, narcotic peddler, prostitution bootlegger in the commission of a crime or infraction of the law in any manner, or act in any manner as a panderer or pimp for prostitutes, or a contact for unlawful establishments of any character. Violations of this section shall be brought to the attention of the respective certificate holder that the taxicab is contracted with or employed by. Repeated occurrences, by the same or other drivers of the certificate holder s may be grounds for suspension or revocation of the certificate holder's certificate or the permitted drivers permit or both. Sec. 57 -115. - Off -duty status of taxicabs. Each taxicab vehicle is presumed to be on duty and ready to serve the general public for hire. If a driver is off duty and does not intend to provide taxicab service, he shall comply with the following requirements: (1) The driver shall place a sign, to be provided by the certificate holder, in the taxicab indicating the words "OFF DUTY" printed in letters not less than three (3) inches in height with a stroke width of not less than three - eighths inch. The letters shall be on a backing of sufficient thickness to not easily bend. (2) When a driver is off duty, he shall display the sign in an upright position in the front window on the right side of the taxicab so as to be easily seen and read from outside of the taxicab. DIVISION 6. - TAXIMETERS; FARES Sec. 57 -127. - Taximeters defined. For the purpose of this article the word "taximeter" shall be construed to mean a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated for distance, travel and waiting time, if any, under which such charges shall be indicated by clear, legible figures, which mechanism is placed in operation by throwing or switching from nonearning to earning position. Sec. 57 -128. - Taximeters required. It shall be unlawful for any owner operating any taxicab under the provisions of this article to operate any such taxicab and it shall be unlawful for any person to drive any taxicab unless such taxicab is equipped with a taximeter. Sec. 57 -129. - Taximeter flag— Equipment in connection therewith. Each taximeter must be furnished with a tamperproof switch and system of electrical distribution so that when the taximeter flag is in the "high" or nonearning position, the electrically - controlled advertising or company identification sign mounted on the top of the taxicab will be automatically lighted; and when the taximeter flag is on "mileage" or "time," both of which are earning positions, colored tell -tale lights on top of the cab or on the company sign will be automatically lighted and will be visible from all directions, the color of which lights shall differ from those used by any other company. Sec. 57 -130. - Same —False display. No driver of a taxicab equipped with a taximeter shall display the signal affixed to such taximeter in such a position as to denote that the taxicab is employed when such taxi is not employed. Sec. 57 -131. - Testing, inspection and approval of taximeter. No person shall drive or operate a taxicab to which is attached a taximeter which has not been duly tested, inspected and approved as required by this article, and it shall be unlawful to change the size of the wheels or tires of any taxicab or the gears operating the taximeter from one to another unless the taximeter is again tested, inspected and approved under the supervision of the taxicab inspector before using. Inspection of taximeters by the taxicab inspector shall be made as provided in section 57 -24. Sec. 57 -132. - Location and illumination of taximeters. All taximeters shall be placed in such a position in the taxicab so that the face thereof and the fare numerals may be easily seen and read by a passenger sitting in any part of the taxicab. Every taximeter used between sunset and sunrise shall have the face thereof illuminated by a light so arranged as to throw a continuous light thereon. Sec. 57 -133. - Defective taximeters prohibited. The operation of any taxicab with a taximeter which is defective or which does not properly and accurately compute and register on its face the charge for distance traveled or waiting time of a taxicab shall constitute a violation of this article. Sec. 57 -134. - Type and design of taximeter. No taximeter shall be used on any taxicab the type and design of which have not been approved by the taxicab inspector. Prior to the installation of a taximeter, the owner or operator of the taxicab shall submit the type and design of taximeter to the taxicab inspector. If the taximeter is capable of properly and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of the taxicab, the taxicab inspector shall approve the taximeter. Sec. 57 -135. - Fares — Amounts. There is hereby established as the rates of fare for taxicabs within the city limits of the City of Corpus Christi for one (1) or more persons, not exceeding five (5) seven (7) persons, of two dollars and fifty cents ($2.50) for the first one -fifth (1/5) mile or less, and an additional charge for each succeeding one -fifth (1/5) mile or fraction thereof, based upon the average retail price of one (1) gallon of regular gasoline sold within the City of Corpus Christi and in accordance with the following chart: Per gallon gasoline price Charge thereof per succeeding 1/5 mile or a fraction Under 3.50 $0-45 $0.50 3.50 --4-00 3.50 – 3.75 0.50 $0.55 4.01 4.50 3.76 – 4.00 0.55 $0.60 4.51 5.00 4.01 – 4.25 0.60 $0.65 5,01-5,50 4.26 —4.50 9,65 $0.70 Note: Sliding scale formula shall be applied, ad infinitum. The price of one (1) gallon of regular gasoline sold within the City of Corpus Christi shall be determined by the Oil Price Information Service, as reported by AAA at www.fuelgaugereport.com. Such price will be determined by the current Corpus Christi price given by AAA at 9:00 a.m. Central Standard Time (CST) on the tenth (10th) day of each month and will go into effect at 12:01 a.m. CST on the eleventh (11th) first (1st) day of the consecutive current month. Howcvcr, if thc pricc on thc tcnth (10th) day of thc month is twcnty fivc ccnts ($0.25) highcr or lowcr than thc pricc of thc prcccding month, thc adjustmcnt will go into cffcct immcdiatcly instcad of waiting until thc first (1st) day of thc consccutivc month. The taxicab inspector shall disseminate the gasoline price. For each one (1) hour of waiting time or traffic delay time, the maximum charge shall be eighteen dollars ($1 Q 00) twenty -four dollars ($24). The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fares may include a fifty ccnt ($ 0.50) one dollar ($1.00) surcharge per fare collected from one (1) or more persons not to exceed five (5) seven (7) persons. For customers wishing to use a credit card a one dollar ($1.00) convenience fee may be added to the fare. Lower rates may be charged at the option of the taxicab certificate holder. While in the city limits a driver shall keep the taximeter in operation while the taxicab is employed regardless of whether a metered rate, a discounted rate or a out -of -town flat rate is charged, For taxi fares originating in the area east of the Intercostal Causeway Bridge on Interstate 358 or west of the Clarkwood Rd. and Interstate 37 intersection, there will be a ten dollar $10.00 minimum fare allowed. Sec. 57 -136. - Same — Charging or collecting excess fares. It shall be unlawful for any driver or operator to charge or demand payment of any fares in excess of the fares prescribed by the council. Sec. 57 -137. - Same— Refusal to convey; Refusal to transport passenger at specified rate. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger on a basis of race, color, religion, sex, national origin, age, or disability, including a driver's refusal to board and convey any service animal or medical equipment utilized in conjunction with a passenger's disability. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger at the rates authorized by this article. It is an affirmative defense to prosecution under this subsection that the driver advised the passenger of the fare or estimated fare to the passenger's destination, and the passenger advised that he did not have the means to pay the fare. Sec. 57 -138. - Same — Refusal to pay legal fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be guilty of a m isdemeanor. Sec. 57 -139. - Same — Display of rate schedule in taxicab. There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to the licensee required by this article, a card showing the rates charged. Sec. 57 -140. - Same — Receipts. It shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making such payment. Secs. 57- 141 -57 -149. - Reserved. SECTION 2. Chapter 57, Article III "LIMOUSINE AND SIGHTSEEING SERVICE" is revised to read as follows: ARTICLE IIIA. - LIMOUSINE AND SIGHTSEEING SERVICE Sec. 57 -164. - Definitions. For the purposes of this article: (a) Limousine service means the luxurious, prearranged transportation by chauffeur - driven vehicle of one (1) or more persons from or to a location within the city limits not upon a schedule or over a fixed route. It shall not include taxicab service, airport limousine service or transportation provided in relation to funeral services. Limousine means a vehicle that hias a manufacturcr's ratcd scating capacity of not morc than fiftccn (15) passcngcrs with an occupancy capacity of five or more, excluding the capacity of the driver compartment and that is used for the hired transportation of persons. (b) Sightseeing service means conveying any person or persons in any vehicle, including horse -drawn carriages, for predetermined periods of time or between fixed points for the purpose of displaying the various natural and manmade points of interest and the economic and cultural institutions of the Corpus Christi area within the city or from locations within the city to locations outside the city, and shall not include the basic provisions of taxicab service or airport limousine service or charter bus service. Sightseeing service defined herein shall refer to transportation provided in vehicles owned by the permit holder. Sec. 57 -165. - Operator permit— Required. It shall be unlawful for any person, as owner or agent, to be engaged in the business of providing limousine or sightseeing service within the city or from locations within the city to locations outside the city, unless the owner of the business holds a current limousine or sightseeing permit issued pursuant to this article. Sec. 57 -166. - Same — Application; fee. (a) Every person desiring to engage in the business of operating any limousine or sightseeing service shall make application, in writing, to the city manager or his designated representative on a form provided for that purpose for a permit to engage in the business specified. Such application shall contain the name, address and telephone number of the true owner of the business and the number, types and seating capacity of each vehicle to be operated; shall be sworn to by the applicant; and shall be accompanied by an application and permit fee of twcnty fivc dollars ($25.00) two hundred fifty dollars ($250) and a permit fcc of twcnty dollars ($20.00) for cach vchicic for which a permit is rcqucstcd. (b) The city manager or his designated representative shall issue a permit to all applicants complying with the provisions of this article and shall issue a permit for the operation of all vehicles complying with the requirements of this article. No permit shall be issued unless every vehicle proposed to be used complies with the following minimum requirements: (1) Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (2) The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent tax charges owing the city upon every such vehicle. (c) No limousine or sightseeing operator permit holder shall be issued, nor shall such permit be valid after issuance, unless the applicant or the holder of the permit is at all times insured by a comprehensive business auto policy to include collision, uninsured motorists and personal injury protection coverage for each vehicle with minimum limits of one hundred thousand dollars ($100,000.00) to any claimant for bodily injury arising out of a single occurrence, three hundred thousand dollars ($300,000.00) for any number of claims arising out of a single occurrence, and fifty thousand dollars ($50,000.00) to any claimant for any number of claims for damage to or destruction of property. Each insurance policy shall require that the insurer notify the city at least ten (10) days before any cancellation, material change, or intent not to renew by either the insurer or the insured. Cancellation of a certificate holders or owners insurance without an approved replacement policy in place at the time cancellation automatically suspends the operations of the vehicle for hire company. (d) The taxicab inspector may shall inspect every limousine or sightseeing vehicle to be operated as limousine or sightseeing service at least once cvcry six (6) months a year for the purpose of determining whether such vehicle is in a safe condition to be operated as a limousine or sightseeing vehicle. The holder of a limousine or sightseeing service permit shall submit such limousine or sightseeing vehicle to the taxicab inspector for inspection at the time and place specified by the inspector in accordance with provisions and fees for the inspection of taxicabs in section 57 -80. The operator of a limousine or sightseeing service and limousine or sightseeing vehicle is responsible for the safe condition and operation of said vehicles and the city, by establishing this permit system, in no way assumes any duty or liability for the safety of said vehicle. (e) Every person driving a limousine or sightseeing vehicle in the city must have applied for and obtained a limousine or sightseeing driver's permit from the taxicab inspector. It shall be unlawful for any permitted limousine or sightseeing service operator in the city to permit any person to drive a limousine or sightseeing vehicle unless such person shall have a valid driver's permit duly issued by the taxicab inspector in accordance with this chapter. Sec. 57 -167. - Charge for regulation and use of streets; payments. (a) In addition to all other charges and payments, each person maintaining and operating a limousine or sightseeing service as described herein shall pay to the city each six (6) months the sum of two hundred dollars ($200.00) times the number of vehicles to be operated as identified in the permit application for the expense of regulating the activities of such service and as a street use fee. (b) The semiannual fee for the first six (6) calendar months of each year shall be paid on or before January 10 and for the second six (6) calendar months of each year shall be paid on or before July 10. A late fee of twenty percent (20 %) will be applied to late payments made after January 10th and July 10th (c) Such payments shall be in addition to all ad valorem taxes upon the value of the property of the person operating such vehicles, and in addition to all lawful occupation taxes imposed upon the occupation or calling of the entity operating such vehicle. Sec. 57 -168. - Service standards. The permit holder shall provide and maintain modern efficient service during the life of the permit and failure to provide and maintain such efficient service shall be grounds for forfeiture of the permit herein granted. Said permit is granted for a five -year period. No assignment of a permit shall become effective unless said assignment is approved by the city manager or his designated representative in writing. Sec. 57 -169. - Special regulations for horse -drawn carriages. Any sightseeing permit issued pursuant to this article involving the use of horse -drawn carriages as a means of conveyance shall include regulations promulgated by the city manager, or his designated representative, relating to the following: (a) Limitations on the specific streets which may be utilized by horse -drawn carriages and the hours of operations allowed. (b) Safety requirements pertaining to reflectors, warning devices and other safety equipment used on the vehicles, and the types and design of wheels and horse shoes which may be utilized. (c) Sanitation procedures to ensure the cleanliness of streets and public ways and the proper disposal of waste. (d) Health regulations safeguarding the care, feeding and watering of the horses or other draft animals employed by the operator. (e) Additional insurance requirements supplementing the minimum limits for automobile and general liability insurance required for limousine and sightseeing operations generally. (f) Any other rules, regulations or procedures which the city manager, or his designated representative, deems necessary to maintain adequate safeguards for the operation of horse - drawn carriages on the public streets not inconsistent with this section. SECTION 3. The effective date of this ordinance is the date of City Council final approval. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Ordinance Amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees; Providing an effective date; Providing for severance; and Providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 57, Article II "TAXICAB" is revised to read as follows: ARTICLE II. — TAXICABS Sec. 57 -20. - Definitions. The following terms, as used in this article, article III, and article IIIA, shall have the meanings respectively ascribed to them: Business Days: The official working days of the City of Corpus Christi not including weekends or public holidays. Certificate: A certificate authorizing taxicab or vehicle for hire service in the City of Corpus Christi issued pursuant to this article. Driver or chauffeur: Shall be held to include every person in actual charge of the operation of a taxicab or vehicle for hire, whether he is the owner or is an agent, servant or employee of the owner. For hire: For money or other thing of value, gratuities, tips and free -will offerings, whether paid directly or indirectly, as compensation or consideration for services rendered. Mobile Data Terminal or MDT: a computerized GPS dispatch system terminal that is mounted in the vehicle to allow for dispatching of taxicabs. Owner.-: Any person, firm, corporation, association, partnership or society who holds a valid and current certificate and who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of one or more taxicabs on or over the streets or public ways of the city, whether as owner or otherwise. Taxicab: Every automobile or motor - propelled vehicle used for the transportation of passengers for hire over the public streets of the city and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, for waiting time, for both or at rates per hour, per day, per week or per month under circumstances that such vehicle is routed under the direction of the passenger hiring same. The term "taxicab" does not include driverless vehicles nor does it include vehicles operated exclusively under any special certificate carrying to or from any municipal airport of the city to any point within the city or through any part of the city, but the provisions relating to drivers shall apply to all vehicles operated under special certificate, as well as other vehicles included herein, when a driver is furnished. Taxicab stand: A public place alongside the curb or curbline of a street which has been designated by the city traffic engineer as reserved exclusively for the use of taxicabs in accordance with the provisions of this article and the traffic ordinances of the city. Taximeter: A machine adapted automatically to calculate at a predetermined rate and to register the charge for hire of a taxicab, and such charges shall be indicated numerically. Vehicle for hire: Shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, which operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but not be limited to taxicabs, buses, vans, motor coaches, limousines, classic vehicles, luxury vehicles, horse drawn carriages and pedicabs. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 57 -21. - Enforcement and administration — Generally. Enforcement and administration of the provisions of this article and the supplemental regulations for Taxi cabs at the Corpus Christi International Airport shall be a function of such officers and employees of the city as may be designated by the city manager. The designated employees shall exercise powers and promulgate rules necessary to enforce the provisions of this article. Sec. 57 -22. - Same — Police assistance. The taxicab inspector and such other employees as are designated by the city manager or his designee may call upon the police department of the city for cooperation in enforcing the provisions of this article, and it shall be the duty of the chief of police to direct the members of the police department to give such cooperative action as requested, and it shall further be the duty of all police officers of the city to make investigations of violations of this article and to make arrests for violations of this article committed in their presence in the same manner as for violations of the traffic ordinances of the city. Sec. 57 -23. - Taxicab inspector— Appointment. Taxicabs and vehicles for hire shall be under the supervision of the taxicab inspector of the city, who shall be appointed with the approval of the city manager. Sec. 57 -24. - Same — Duties generally. It shall be the duty of the taxicab inspector to receive all applications for certificates to operate taxicabs and vehicles for hire and to receive all other applications under this article, conduct hearings thereon, from time to time inspect the operations of taxicabs and vehicles for hire; inspect the taxicab and vehicles for hire vehicles within the city;i enforcement of city ordinances and such other duties as may be required of him in connection with the taxicab and vehicle for hire operations. Sec. 57 -25. - Same — Records and reports; action to suspend or revoke privilege; records and reports by others. The taxicab inspector shall establish, maintain and keep a system of records showing whether the holder of any certificate to operate a taxicab or vehicle for hire in the city has been guilty of a breach of any condition of such certificate or has failed to comply in any material manner with the terms and stipulations thereof, and the taxicab inspector shall take action when, in his opinion, the certificate of any such operator should be suspended or revoked or penalties imposed on the holder under all the facts and circumstances reflected by the records. The records to be kept by the taxicab inspector as to performance of certificate holders shall include, but without limitation, records of charges, convictions, reprimands, warnings, and observations of officers and employees of the city concerning the performance of any certificate holder or employee of such holder. Sec. 57 -26. - Certificate holder and driver to comply. (a) Certificate holder. In the operation of a taxicab or vehicle for hire service, a holder shall comply with the terms and conditions of this article and regulations established under this article and be responsible for all vehicles authorized to operate under the holder's certificate. (b) Driver. While on duty, all drivers shall comply with this article, regulations established under this article, other law applicable to the operation of a motor vehicle in this state, and orders issued by the holder employing or contracting with the driver in connection with the holder's lawful discharge of his duty under this article. Sec. 57 -27. - Certificate holder's duty to enforce compliance by drivers. (a) A holder of a valid and current certificate shall establish policy and take action to discourage, prevent, or correct violations of this chapter by drivers, who are employed by or contracting with the holder. (b) A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab or vehicle for hire if the holder knows or has reasonable cause to know that the driver has failed to comply with the rules and regulations established by this article. (c) Any failure to comply with regulations established under this article shall be cause for suspension or revocation of the certificate authorizing the holder to operate a taxicab or vehicle for hire service within the city. Sec. 57 -28. - Contract driver. (a) Certificate holders may contract with a driver, but only if the contract: (1) Provides that the certificate holder, taxicab owner, vehicle for hire owner and any taxicab or vehicle for hire driver shall indemnify the city and hold the city harmless for all claims or causes of action against the city arising from the conduct of the driver, operation of business, condition or operation of vehicle or claims arising under the contract; and (2) Provides that any taxicab operated pursuant to such contract be properly licensed, be in good working order and be equipped with a two -way communication system, taximeter, top light or flag indicating occupancy; and (3) Provides that the driver agrees to operate the taxicab or vehicle for hire and conduct himself in compliance with the Code of Ordinances of the City of Corpus Christi included but not limited to Article 11, Taxicabs; Division 4, Vehicles; Division 5, Drivers; Division 6, Taximeters, Fares; and (4) Provides that failure to comply with any requirements of the City Code by the driver will constitute a breach of contract with the certificate holder. (b) thc city manager or his designee bcforc thc contract is valid. The city manager or his designee may disapprove a contract form if he determines that the contract is inconsistent with regulations established undcr this chaptcr. A holder may not use a contract that has not been approved by thc city manager or his dcsigncc. The contract between a holder and driver must be consistent with regulations established under this chapter. The certificate holder must provide contracts upon request from the City. Any certificate holder who enters a contract inconsistent with regulations established under this chapter is subject to suspension or revocation. Sec. 57 -29. - Suspension and revocation of certificate. Any certificate may be either suspended for any period of time not to exceed six (6) months or revoked by the taxicab inspector. (1) The taxicab inspector shall suspend or revoke a certificate if it is determined that the holder has: a. Failed to comply with a correction order issued to the holder by the taxicab inspector or his designee, within the time specified in the order; or b. Intentionally or knowingly impeded the city manager or his designee, the taxicab inspector or a law enforcement agency in the performance of their duties; or c. Failed to comply with the requirements established in this article in any way; or d. Been convicted for violation of another city, state or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service; or e. Substantially breached the terms of the certificate; or f. Failed to pay city ad valorem taxes, when due, on all vehicles and other equipment used in connection with the taxicab service; or g. Failed to pay the street use fee at the time it is due. (2) Every suspension or revocation of the certificate shall be in writing, dated and shall state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such certificate. Such order of suspension or revocation shall be effective as of the date of such notice; provided, however, that the holder whose certificate has been suspended or revoked may within five (5) business days after the date of such notice appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than fivc (5) days fifteen (15) business days following receipt of the notice of appeal for hearing and after such hearing sustain or reverse the suspension or revocation. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. (3) A suspension of a certificate shall not affect the expiration date of the certificate. (4) Upon revocation of a certificate, said holder shall be ineligible for a new certificate for a period of two (2) years. (5) Reinstatement. After suspension of a permit, a holder may file with the city manager or his designee a written request for reinstatement. The taxicab inspector shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the taxicab inspector shall submit his recommendation together with supporting facts to the city manager. The city manager or his designee may as he determines appropriate, reinstate the certificate or deny reinstatement. DIVISION 2. - CERTIFICATE, FEES, BUSINESS REGULATIONS Sec. 57 -30. - Certificate, license and permit required. It shall be unlawful for any person to drive or operate or to cause to be driven or operated any taxicab upon or over any street or thoroughfare in the city unless the owner or operator thereof has first secured a certificate from the city to operate a taxicab and the required license and permit to operate such vehicle under this article has been issued. Sec. 57 -31. - Certificate application— Requisites, filing. Every person proposing to operate a taxicab service in the city shall make application in writing on forms provided by the city requesting a certificate pursuant to the terms of this article for such proposed taxicab service. Such application for certificate to operate a taxicab service shall be verified under oath and shall be filed in triplicate and accompanied by a nonrefundable filing fee of two hundred dollars {$200.00} two hundred fifty dollars ($250.00) to cover administrative costs and the costs of publication of notices as required in this article. Sec. 57 -32. - Same — Information to be given. Every application for a certificate under this article shall include the following information: (1) The name and address of the applicant. (2) A sworn statement by the applicant (which term shall include every person with a ten (10) per cent or greater ownership interest in the applicant) that there does not exist any unsatisfied final judgment against the applicant or any entity in which the applicant has or, at the time of judgment, had a ten (10) per cent or greater ownership interest, which judgment arose out of the operation of a taxicab business. (3) Experience of the applicant in the transportation of passengers. (4) Whether the applicant has been convicted of criminal offenses listed by the city manager or his designee as reflecting unfitness to operate a public transportation service. (5) The minimum and maximum number of vehicles taxicabs proposed to be operated by the applicant. The minimum number of vehicles taxicabs placed into service at the time of issuance of a certificate shall be at least one (1). (6) Location of proposed base of operations and call box stands within the Corpus Christi city limits and in a location other than a dwelling. (7) The color scheme and insignia to be used to designate the vehicles of the applicant, which shall be distinct and unique from any other taxi company currently operating. (8) The model year, make current license number, and vehicle identification number of each vchicics taxicab the applicant expects to use in its operation., and thc probablc agc and condition of othcr vchicics thc applicant cxccpts to acquirc. (9) Proof that he has in effect required insurance covering operations under the certificate. (10) The public telephone number to be used by the public to request service. (11) A description of the communications dispatch system to communicate requests from prospective passengers to the taxicab driver. (12) Payment in advance for taxicab use fee for the initial three -month period under section 57- 36 Sec. 57 -33. - Same — Consideration of application or reapplication. When application for a certificate has been made, the city manager or his designee shall determine if the applicant has complied with the provisions of this article. The matter of determining whether the applicant has complied with the provisions of this article may be referred to the taxicab inspector for his advisory finding on such matter, and the taxicab inspector is authorized to hold such hearings as will give all interested parties an opportunity to present evidence on the question. Sec. 5734. Same Public notice of application; hearings. inspcctor shall causc a noticc to bc publishcd in thc official ncwspaper of thc city. The noticc constitutc a noticc to all holdcrs of thc cxisting ccrtificatcs that a public hcaring will bc hcld by thc noticc and at a dcsignatcd timc givcn in thc noticc. Such dcsignatcd timc shall not bc Icss than fivc (5) days nor morc than fiftccn (15) days aftcr thc datc of thc first publication of thc noticc, and the notice shall be published for three (3) succcssive days. All holders of taxicab protcsts. Sec. 57 -35. - Same — Issuance. If it is determined from the investigation and hearing that the applicant has complied with the provisions of this article, a recommendation shall be made to the city manager or his designee that a certificate to operate taxicab service in the city be granted for a term not to exceed five (5) years from the date of issuance specifying the maximum number of taxicab vehicles which may be operated by the certificate holder during the five -year term. The applicant shall be notified of such recommendation. Sec. 57 -36. - Taxicab street use fee. (a) Each owner holding a certificate to operate a taxicab upon the streets within the city shall pay the city each three -month period as a taxicab street use fee an amount equal to one hundred dollars ($100.00) times the maximum number of vehicles authorized by a current and valid certificate. For the purpose of calculating the taxicab street use fee, the maximum number of vehicles shall be no lower than five (5). (b) Notwithstanding the provisions of section 57 -35 a certificate holder may, upon written request to the city manager or his designee, apply to increase or decrease prospectively the maximum number of vehicles authorized to be operated during the following consecutive twelve -month period of the remaining term of the current certificate. (c) The number of vehicles in service by a certificate holder shall not exceed the maximum number of vehicles authorized to be operated under such certificate. (d) The annual street use fee shall be paid in four (4) payments as follows: on or after January 1 and before January 10; on or after April 1 and before April 10; on or after July 1 and before July 10; on or after October 1 and before October 10. A twenty percent (20 %) late fee shall be applied to any street use fee submitted past the established deadlines. (e) If the holder of the certificate shall fail to comply with any requirement herein or shall willfully file any false statements, the same shall be cause for a suspension or revocation of the certificate authorizing the holder to operate a taxicab service within the city. Sec. 57 -37. - Payment of taxes, fees, etc. It shall be the duty of every owner of any taxicab operated within the city to render for an pay all ad valorem taxes to the city for all vehicles and other equipment used in such business, and a failure to render for and to pay such ad valorem taxes to the city, twenty percent (20 %) late fee when paid after the tenth (10th) day of each quarter or failure to pay any other fees, licenses or charges to the city before they become delinquent shall, if not paid after written notice of default, operate as a revocation of any certificate, license or permit authorizing the operation of taxicabs over the public streets, alleys and ways of the city. Sec. 57 -38. - Report as to drivers in charge of particular taxicabs. The owner of any taxicab used in the business of carrying passengers for hire upon the streets of the city and which is licensed to carry on such business shall, upon request of the taxicab inspector, report the drivers who are in charge of the particular cars at a specified time. Sec. 57 -39. - Records in connection with calls. Every holder of a certificate and owner or operator of a taxicab shall keep accurate records relating to calls received and services performed, the time of such calls or services, the name of the driver performing the service or making the service call, the place of such call and the time of return from such call; ad41 and access to such records shall be given to the taxicab inspector or the chief of police; and every refusal to give such records or furnish information kept regarding such matters shall be and is hereby made a misdemeanor and may additionally result in a suspension or revocation of certificate. Sec. 57 -40. - Responsibility of each person in engaging a taxicab or vehicle for hire. By taking any action in connection with this Article 11, Article 111 and Article IIIA on taxicabs or any vehicle for hire (including, but not limited to, inspections, investigations, administration, enforcement, recordkeeping, and the granting, suspension and revocation of certificates, licenses, and permits), the city and its agents and employees do not in any way represent or undertake to represent the fitness of any taxicab, driver, or aspect of the taxicab business, and it shall be the sole responsibility of each person to decide whether to engage or use a taxicab or vehicle for hire without relying on any action of the city. Secs. 57- 41- 57 -55. - Reserved. DIVISION 3. - FINANCIAL RESPONSIBILITY Sec. 57 -56. - Liability Insurance — Generally. Before any license or permit shall be issued to any owner or operator of a taxicab or before any renewal of a license or permit shall be granted, the owner or operator shall be required to file a certificate of insurance with the taxicab inspector and thereafter keep in full force and effect a policy of die auto liability insurance with a company duly authorized to do business in the statc State of Texas and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle; provided, that the maximum amount of recovery in such policy of insurance specified shall not, for each vehicle, be less than fifty thousand dollars ($50,000.00) for injury or death of one (1) person and one hundred thousand dollars ($1007,000.00) for injuries or deaths in any one (1) occurrence; and not less than twenty -five thousand dollars ($25,000.00) for injury to or destruction of property in any one occurrence; Each insurance policy shall require notice from the insurer to the city at least ten (10) days before any such policy is to be terminated for any reason by the insurer or by the insured. So as to adequately protect the City of Corpus Christi and its residents, the dircctor of sfcty and ring, management Risk Manager shall have the authority to adjust auto liability insurance coverage limits in accordance with section 17 -19 of this Code of Ordinances. Sec. 57 -57. - Same — Continuing liability of insurance. All policies of public liability insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. Sec. 57 -58. - Nonliability of city for pecuniary responsibility. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab or vehicle for hire. Secs. 57- 59- 57 -74. - Reserved. DIVISION 4. - VEHICLES Sec. 57 -75. - License required. It shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over any street in the city unless there has been obtained for such taxicab and existing in full force and effect a license duly issued by the taxicab inspector as provided in this division. However, for inspection purposes, an employee of the company may bring the taxi cab for inspections to the designated inspection point or for maintenance purposes an employee of the company may drive a taxi on city streets with the off duty sign on the dashboard. Sec. 57 -76. - Prerequisites to issuance of license. Upon obtaining a certificate to operate a taxicab service in the city as provided in this article, the holder shall make application to the taxicab inspector for a license to be issued for each vehicle to be operated as a taxicab. The application shall be accompanied by an inspection fee of ten dollars ($10.00) fifteen dollars ($15) per vehicle to be licensed. Prior to the issuance of a license for a taxicab, the taxicab inspector shall conduct an inspection of the vehicle to determine that it complies with the requirements of this article and the regulations promulgated pursuant thereto. In the event a vehicle fails to pass this inspection, the certificate holder shall have ten (10) business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed, an additional fifteen dollar ($15) inspection fee per vehicle to be licensed will be applied. Sec. 57 -77. - Nontransferability of license. No license issued under the terms of this division shall be transferred to any other vehicle. No license shall be used for the operation of any vehicle under the provisions of this division except for the vehicle for which the license was issued. Each license shall be valid for so long as the vehicle remains in service as a taxicab and complies with the continuing requirements of this division and the regulations promulgated pursuant thereto. Sec. 57 -78. - Posting license. The license issued for the operation of a taxicab under the terms of this division shall be posted within the taxicab in a conspicuous place. Sec. 57 -79. - Contents of license. The license shall state the year in which the license is issued and the name of the owner of the vehicle. It shall designate that the vehicle is a "taxicab," shall state the make of the vehicle, the vehicle identification number of the vehicle and current license number of the vehicle and shall further state that the owner or operator of the vehicle has deposited with the city a certificate of insurance providing for the protection of the passengers thereof and of the general public as provided for in this article, and the license shall be signed by the taxicab inspector of the city. Persons desiring to file complaints or comments concerning the operation or condition of a taxicab may refer to the contents of the license to note pertinent information and forward such complaints or comments to the taxicab inspector at the address indicated on the license. Sec. 57 -80. - Inspections — Generally. It shall be the duty of the taxicab inspector to inspect every licensed taxicab or vehicle for hire on a quartcrly an annual basis for the purpose of determining whether such vehicle is safe and in acceptable condition to be operated as a taxicab or vehicle for hire as described in section 57 -87. The certificate holder shall submit such vehicle to the taxicab inspector for inspection at the time and place specified by the inspector. An inspection fee of $15 per vehicle will paid in advance. If the taxicab inspector finds such vehicle to be in a safe and acceptable condition, an inspection seal designed by the taxicab inspector shall be placed on the vehicle's windshield stating the date and that the vehicle was approved by the inspector. No taxicab shall be operated in the city without the seal of the taxicab inspector indicating current inspection. If the taxicab inspector finds that the taxicab is in a defective condition and is unsafe or unacceptable to be used as a taxicab, he shall remove the inspection seal and order such vehicle not to be used as a taxicab until the defect so discovered shall be remedied. After the owner of such vehicle has remedied the defect, he shall again offer the same for inspection, and if the taxicab inspector shall find such vehicle to be safe and acceptable for public use, he shall approve the same as hereinbefore provided. No additional fcc for the inspcction shall be chargcd. In the event a vehicle fails to pass this initial inspection, the certificate holder shall have ten (10) business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed an additional fifteen dollar ($15) inspection fee per vehicle to be licensed will be applied. Nothing contained herein, however, shall prevent the taxicab inspector from inspecting any taxicab at any reasonable time that he sees fit, and he is expressly given power so to do, and upon finding such taxicab to be in a defective, unsafe or unacceptable condition, he shall remove the inspection seal and order its use as a taxicab discontinued until the taxicab is approved and the inspection seal placed on the windshield. Sec. 57 -81. - Same —Right of appeal from decision of inspector. Should the taxicab inspector find any taxicab or vehicle for hire in a defective condition and order its use as a taxicab or vehicle for hire discontinued, the owner of such taxicab or vehicle for hire shall have the right to appeal to the city manager or his designee within ten (10) business days from the date of such finding and order, and the appeal shall be perfected by letter addressed to the city manager or his designee, stating that an appeal from the ruling and order of the taxicab inspector is desired. Upon receiving such appeal and notice thereof, the city manager or his designate shall within fivc (5) days fifteen (15) business days hear such appeal and shall either sustain, modify or reverse the decision of the taxicab inspector. If no appeal is taken from the decision of the taxicab inspector in the time as provided herein, the decision of the taxicab inspector shall be final. Sec. 57 -82. - Operation of taxicabs. No taxicab for which a license shall have been issued shall be operated by anyone except a driver properly permitted to operate a taxicab under this article, except for inspection and maintenance purposes as prescribed in section 57 -75. Sec. 57 -83. - Identification on taxicabs. Every taxicab shall have placed on the front door or panel on each side of the cab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. The number of the cab and the telephone number of the owner shall also be placed upon the rear of any such vehicle. All of the lettering mentioned in this section shall not be less than two and one -half (21/2) inches in height and not less than five - sixteenths stroke with such paint or decalcomania as will weather the elements. Such lettering and paint must be kept legible at all times. Sec. 57 -84. - Signal indicating occupancy of taxicab. There shall be affixed on the outside top and front portion of each taxicab an electric light that can be turned on or a flag, signal or other device that may easily be seen by people on the street or sidewalks in the vicinity of such taxicab, and when a passenger engages and enters such taxicab the light shall be turned on or the flag, signal or other device shall be placed in such position as to denote that such taxicab is employed. Sec. 57 -85. . Dispatch Communication System. (a) After June 31, 2013, each vehicle used as a taxicab shall be equipped with ap two -way radio dispatch communications system or a Mobile Data Terminal to enable the driver of the taxicab to receive requests for service from the public using the business telephone number of the taxicab service and to respond or communicate such circumstances which render the taxicab unable to respond to such requests for service. Cell phones are prohibited for the use of receiving request for service from the public. Taking or making cell phone calls or texting is prohibited with a passenger in the vehicle. (b) A certificate holder or driver shall not monitor the radio frequency of another holder for the purpose of responding to a call for taxicab service dispatched by the other holder's taxicab service. Sec. 57 -86. - Taxicab stands —Use relations. Taxicab stands shall be occupied only by taxicabs having licenses in good standing. Vehicles shall be in numbers in accordance with the number of spaces designated at the respective locations. It shall be the duty of the city to place signs bearing the number of spaces of each taxicab stand. No vehicle other than a licensed taxicab shall be permitted to stop, stand or park for any purpose in any designated and established taxicab stand. Sec. 57 -87. - Condition of taxicab and vehicles for hire vehicles. All taxicab or vehicle for hire vehicles shall be determined to be in a safe, acceptable condition by the taxicab inspector. The taxicab inspector shall pass a vehicle for inspection when the following minimum standards are met: (a) Operational condition: (1) Shall satisfy all minimum state safety standards including but not limited to a current state inspection sticker, and current fire extinguisher; (not applicable to horse drawn carriages and pedicabs) (2) Shall be free of excessive visible exhaust, excessive engine noise and readily identified mechanical defects including but not limited to the brake system, transmission system, ignition system, air - conditioning and heating systems. (not applicable to horse drawn carriages and pedicabs) (b) Exterior condition: (1) The body and trim shall be intact, not be dented have excessive dents or bent out of shape. In the event a vehicle is dented and waiting on an insurance claim the vehicle may be driven as long as the claim is pending and the damage does not impeded the safe operation of the vehicle. (2) The exterior paint shall be free of rust, flaked or scraped areas. (3) The windshield shall be free of cracked glass. (c) Interior condition: (1) The interior shall be free of dust, dirt, rubbish, and be otherwise clean and sanitary. (2) The interior paint shall be free of rust, flaked, or scraped areas. (3) The coverings of floors, overhead liner, seats, head and arm rests shall be repaired of all rips, tears, and worn areas on the cover material. (4) The interior trunk shall be clean, sanitary, and free of debris. Sec. 57 -88. - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) years old at the time it is placed into service, nor more than ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than ten (10) years old, as calculated above, may be used as taxicab vehicles. Secs. 57- 89- 57 -95. - Reserved. DIVISION 5. - DRIVERS Sec. 57 -96. - Taxicab or vehicle for hire driver's permit required; permit fee. (a) Every person desiring to drive a taxicab or vehicle for hire in the city shall apply for and obtain a taxicab or vehicle for hire driver's permit from the taxicab inspector. It shall be unlawful for any person holding a certificate for the operation of a taxicab service in the city to permit any person to drive a taxicab or vehicle for hire unless such person shall have a driver's permit in good standing duly issued by the taxicab inspector, with the exception of inspection purposes under section 57 -75. (b) The fee for an original, renewal or transfer taxicab or vehicle for hire driver's permit is a nonrefundable forty fifty dollars ($49 -90– $50.00) and shall be paid at the time the permit application is filed with the taxicab inspector. The fee for a replacement permit is tei twenty dollars ($10 -00 $20.00). Sec. 57 -97. - Application for taxicab or vehicle for hire driver's permit. (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is employed contracted with. (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3) months. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and three (3) prints of the four (4) current passport photos of applicant. Taxi Inspector shall have the authority to determine acceptable photographs. (5) Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony— or misdemeanor or traffic law violation and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the taxicab inspector to the prospective taxicab or vehicle for hire employer company. The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (7) A medical report dated not more than thirty (30) days prior to date of application, from a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. (8) The number and date of issuance of applicant's Texas Class A, B or C license. (9) The most recent date of completion of a certified defensive driving course, not to exceed two (2) years between completion date and application date. (b) An applicant may receive a temporary taxicab or vehicle for hire driver's permit that will expire thirty (30) calendar days after the date it is granted while pending satisfaction of subsections (a)(7) and (a)(9) above. A temporary permit will only be granted to those applicants whose criminal background checks comport with the requirements found at section 57 -98 of this Code. Sec. 57 -98. - Decision of taxicab inspector. (a) The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire consistent with the public safety and welfare. (b) The taxicab inspector shall determine that all provisions of this division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare. (c) The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab or vehicle for hire driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider: (1) The nature and seriousness of the crime; (2) The relationship of the crime to the purpose of requiring a taxicab or vehicle for hire driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts: a. Theft and other crimes of dishonesty, b. Assaultive crimes, c. Solicitation of prostitution, d. Sexual abuse crimes, e. Crimes of alcohol or drug abuse, f. Traffic offenses; (3) The extent to which the permit might offer an opportunity to engage in further criminal activity of the same type; (4) The extent and nature of the past criminal activity; (5) The age of the applicant when the crime was committed; (6) The amount of time elapsed since the applicant's last criminal activity; (7) The conduct and work activity of the person prior to and following the criminal activity; (8) Evidence of rehabilitation efforts; (9) Other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers. (10) Taxicab Inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of drivers permit and any arrests, charges or convictions of violations of the taxi cab code under section 57 of the municipal code or the supplemental regulations for taxicabs at the Corpus Christi International Airport for any applicant seeking new, renewal or transfer of permit. (d) Upon receipt of a release executed by the applicant, the police department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the department for licensing purposes. Said information shall be kept completely confidential by the taxicab inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab or vehicle for hire e company in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness. (e) It is the duty of every certificate holder to screen its drivers. While it is the intent of the city in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the city taxicab driver's permit to excuse it from said duty. The continued employment contracted driver relationship by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and police department records shows a lack of mental, emotional or temperamental capacity to be a safe and reliable driver will be taken into consideration by the city when requested to grant or renew a certificate. Sec. 57 -99. - City's geography test required. The taxicab inspector shall require a written geography test of each applicant for a taxicab driver's permit covering knowledge of city streets, buildings, etc., to be composed by and at the discretion of the taxicab inspector. Until such applicant is duly qualified in his knowledge of city geography, the taxicab inspector shall not grant a city taxicab driver's permit to such applicant. Sec. 57 -100. - Identification cards. After the applicant has complied with all requirements of the provisions of this article and a permit has been issued, he shall receive two (2) identification cards, one of which shall contain the full view photograph of the applicant, police identification number, and further, such card shall read: "TO THE PASSENGER OF THIS CAB: If the description of the driver of this cab does not conform to the photograph hereon, you will please leave the cab and notify the department of police immediately, giving the number of cab and the operating name of the company." The identification card will be posted in full view in the passenger compartment of the taxicab which the applicant may be operating, and each taxicab in operation within the city under the provisions of this article will be required to purchase a container to receive this card, which container will be permanently attached to each taxicab. In addition to the card required for the taxicab, a driver's permit in card size will be issued which shall contain the photograph, full description, resit c nce business name and address and police identification number of the applicant. Such card shall be carried or worn with a clip on the person of the applicant and presented for identification purposes on demand of any passenger, the taxicab inspector or any police officer of the city. Sec. 57 -101. - Appeal from issuance or denial of taxicab or vehicle for hire driver's permit. After the taxicab inspector has made his decision, either the applicant for the driver's permit or any citizen of the city shall have the right to appeal to the city manager or his designee within ten (10) business days, which appeal shall be perfected by delivering, in writing, a statement that an appeal from the decision of the taxicab inspector is desired. The city manager or his designate will then, within a period of not more than five (5) fifteen (15) business days after receiving such notice of appeal, grant a hearing thereon and after the hearing of the appeal the city manager or his designee shall, within a period of five (5) business days, sustain or reverse the decision of the taxicab inspector. If no appeal is taken from the findings made by the taxicab inspector within the time provided above, the decision of the taxicab inspector shall be final. Sec. 57 -102. - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder #er employment as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective employer certificate holder, the driver should be employed contracted to drive taxicabs or a vehicle for hire in the city. Sec. 57 -103. - Duration and renewal of driver's permit. The taxicabs or vehicle for hire driver's permit, when issued, shall not be transferable and same shall be valid for a period of twenty -four (24) months and shall expire automatically unless renewed. No renewal shall be issued thirty (30) days after a permit has expired. No renewal of any taxicab or vehicle for hire driver's permit shall be issued unless and until the applicant for renewal has completed a renewal application and met the requirements of section 57- 97(a)(1) —(6), (8) and (9); shall have shown proof of satisfactory completion of a certified defensive driving course within the two -year period immediately prior to the application for renewal; has provided a medical certificate dated within the past 48 months that meets the medical requirements of section 57- 97(a)(7); and provided further, that the applicant must have maintained a satisfactory driving record according to standards established by the taxicab inspector. All of the above requirements of Section 57 -103 and any violations of this article, article III or IIIA shall be taken into consideration before a approval of a renewal application is granted. Sec. 57 -104. - Suspension or revocation of taxicabs or vehicle for hire driver's permit. Any taxicab or vehicle for hire driver's permit may be either suspended for any period of time not to exceed thirty (30) days or revoked by the taxicab inspector if the holder of such permit violates any of the provisions of this division, division III or division IIIA. Material misrepresentations on the driver's application are grounds for revocation. Such permit may also be revoked or suspended if the holder of the permit is guilty of a crime or traffic offense directly related to the holder's fitness to continue as a taxicab driver. Every suspension or revocation of the permit shall be dated and in writing and state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such permit to the address shown on the identification card. Such order of suspension or revocation shall be effective as of the date of sending such notice; provided, however, that the person whose permit has been suspended or revoked may, within five (5) business days after the date of sending such notice, appeal to the city manager or his designee for reinstatement by a request in writing for such relief. The city manager or his designee shall set a date not later than five (5) fifteen (15) business days following receipt of the notice of appeal for a hearing and after such hearing shall either sustain, reverse, or modify the order of the taxicab inspector. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. Sec. 57 -105. - Neat and clean appearance of drivers. (a) It shall be the responsibility of every certificate holder to require and to ensure that his or her drivers are neat and clean in appearance while on duty. All certificate holders shall require a driver employed or under contractual agreement with said holder to comply with the following: (1) All male drivers shall wear full length pants or shorts commonly referred to as Bermuda shorts or cargo shorts, with a finished hem, shirts with sleeves and collars, socks and closed - toed shoes,. (2) All female drivers shall wear full length slacks,- or shorts commonly referred to as Bermuda shorts or cargo shorts, with a finished hem, regular length skirts, blouses, socks or stockings and closed -toed shoes, and stockings, except that during the months of April through h may be worn n w-vrrT. (3) All drivers shall wear clean, unsoiled and untorn clothing. (4) All drivers shall maintain proper personal hygiene, i.e., be shaven; or have facial hair neatly trimmed, be free of offensive body odor, and have clean, combed hair. (b) While on duty, all drivers are prohibited from wearing: (1) Tee shirts as an outer garment, except as allowed in 57 -105 (c). (2) Hoodies, gsweat shirts and sweat pants. (3) Halters or tube tops. (4) Shirts with tails worn outside pants. (c) Company issued uniform style tee shirts may be allowed as long as they meet the below requirements: (1) Meet the color scheme of the taxicab company. (2) Are professional in appearance. (3) Contain no language or images that could be offensive to others. (4) Each specific style of tee shirt has been approved by the taxi inspector, to insure professional appearance standards. Failure to comply may result in the suspension or revocation of a driver's permit. Sec. 57 -106. - Length of time driver may operate taxicab. It shall be unlawful for a driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be continuously on duty, as a driver, for a greater period than twelve (12) hours within any twenty - four -hour period. Sec. 57 -107. - Use of alcoholic beverages or controlled substances. It shall be unlawful for any taxicab driver to consume any alcoholic beverages or use any form of controlled substances while on duty as a taxicab driver. This is to include prescription drugs prescribed to the driver that may affect his ability to drive and those illegal smoking products and related paraphernalia outlined in Section 33 -124 of the city code. If a cab company request random druq/alcohol test of an contract driver or request druq/alcohol test due to a traffic accident or contract driver injury and driver refuses the test, the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of drivers permit. Sec. 57 -108. - Notification of change of address of drivers. Every person operating any taxicab shall keep the taxicab inspector informed by written notice of any change of address of such driver. Sec. 57 -109. - Most direct route to be used. Any driver of a taxicab em,Gyed- contracted to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Sec. 57 -110. - Delivery of articles left in taxicabs to police. All drivers of taxicabs shall promptly deliver to the police department taxi inspector's office or to authorized agents of their companies all property left in such vehicles by passengers. If delivered to the authorized agent of their company, the property shall be delivered to the taxi inspector's office with a report stating all the specifics and date abandoned of the property if not claimed by the 30th day after property is found in vehicle. Taxi Inspector shall obtain case number and incident report and deliver to CCPD Property Room. Sec. 57 -111. - Parking restrictions No taxicab shall be parked in a residential section of the city awaiting calls between 10:00 p.m. and 6:00 a.m. Sec. 57 -112. - Consent by passenger to carrying other passengers. It shall be unlawful for any taxicab driver to carry any person other than the passenger by whom he is engaged without the consent of such passenger. Sec. 57 -113. - Soliciting for passengers. No person shall solicit patronage or call attention to a taxicab in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. Sec. 57 -114. - Aiding prostitution. It shall be unlawful for any driver of a taxicab to knowingly transport any passenger to the abode of a prostitute or knowingly to transport any criminal, narcotic peddler, prostitution bootlegger in the commission of a crime or infraction of the law in any manner, or act in any manner as a panderer or pimp for prostitutes, or a contact for unlawful establishments of any character. Violations of this section shall be brought to the attention of the respective certificate holder that the taxicab is contracted with or employed by. Repeated occurrences, by the same or other drivers of the certificate holder s may be grounds for suspension or revocation of the certificate holder's certificate or the permitted drivers permit or both. Sec. 57 -115. - Off -duty status of taxicabs. Each taxicab vehicle is presumed to be on duty and ready to serve the general public for hire. If a driver is off duty and does not intend to provide taxicab service, he shall comply with the following requirements: (1) The driver shall place a sign, to be provided by the certificate holder, in the taxicab indicating the words "OFF DUTY" printed in letters not less than three (3) inches in height with a stroke width of not less than three - eighths inch. The letters shall be on a backing of sufficient thickness to not easily bend. (2) When a driver is off duty, he shall display the sign in an upright position in the front window on the right side of the taxicab so as to be easily seen and read from outside of the taxicab. DIVISION 6. - TAXIMETERS; FARES Sec. 57 -127. - Taximeters defined. For the purpose of this article the word "taximeter" shall be construed to mean a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated for distance, travel and waiting time, if any, under which such charges shall be indicated by clear, legible figures, which mechanism is placed in operation by throwing or switching from nonearning to earning position. Sec. 57 -128. - Taximeters required. It shall be unlawful for any owner operating any taxicab under the provisions of this article to operate any such taxicab and it shall be unlawful for any person to drive any taxicab unless such taxicab is equipped with a taximeter. Sec. 57 -129. - Taximeter flag— Equipment in connection therewith. Each taximeter must be furnished with a tamperproof switch and system of electrical distribution so that when the taximeter flag is in the "high" or nonearning position, the electrically - controlled advertising or company identification sign mounted on the top of the taxicab will be automatically lighted; and when the taximeter flag is on "mileage" or "time," both of which are earning positions, colored tell -tale lights on top of the cab or on the company sign will be automatically lighted and will be visible from all directions, the color of which lights shall differ from those used by any other company. Sec. 57 -130. - Same —False display. No driver of a taxicab equipped with a taximeter shall display the signal affixed to such taximeter in such a position as to denote that the taxicab is employed when such taxi is not employed. Sec. 57 -131. - Testing, inspection and approval of taximeter. No person shall drive or operate a taxicab to which is attached a taximeter which has not been duly tested, inspected and approved as required by this article, and it shall be unlawful to change the size of the wheels or tires of any taxicab or the gears operating the taximeter from one to another unless the taximeter is again tested, inspected and approved under the supervision of the taxicab inspector before using. Inspection of taximeters by the taxicab inspector shall be made as provided in section 57 -24. Sec. 57 -132. - Location and illumination of taximeters. All taximeters shall be placed in such a position in the taxicab so that the face thereof and the fare numerals may be easily seen and read by a passenger sitting in any part of the taxicab. Every taximeter used between sunset and sunrise shall have the face thereof illuminated by a light so arranged as to throw a continuous light thereon. Sec. 57 -133. - Defective taximeters prohibited. The operation of any taxicab with a taximeter which is defective or which does not properly and accurately compute and register on its face the charge for distance traveled or waiting time of a taxicab shall constitute a violation of this article. Sec. 57 -134. - Type and design of taximeter. No taximeter shall be used on any taxicab the type and design of which have not been approved by the taxicab inspector. Prior to the installation of a taximeter, the owner or operator of the taxicab shall submit the type and design of taximeter to the taxicab inspector. If the taximeter is capable of properly and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of the taxicab, the taxicab inspector shall approve the taximeter. Sec. 57 -135. - Fares — Amounts. There is hereby established as the rates of fare for taxicabs within the city limits of the City of Corpus Christi for one (1) or more persons, not exceeding fivc (5) seven (7) persons, of two dollars and fifty cents ($2.50) for the first one -fifth (1/5) mile or less, and an additional charge for each succeeding one -fifth (1/5) mile or fraction thereof, based upon the average retail price of one (1) gallon of regular gasoline sold within the City of Corpus Christi and in accordance with the following chart: Per gallon gasoline price Charge thereof per succeeding 1/5 mile or a fraction Under 3.50 $0-45 $0.50 3.50 --400 3.50 – 3.75 0.50 $0.55 '1.01 '1.50 3.76 – 4.00 0.55 $0.60 4.51 5.00 4.01 – 4.25 9,69 $0.65 5,01-5,50 4.26 —4.50 9,65 $0.70 Note: Sliding scale formula shall be applied, ad infinitum. The price of one (1) gallon of regular gasoline sold within the City of Corpus Christi shall be determined by the Oil Price Information Service, as reported by AAA at www.fuelgaugereport.com. Such price will be determined by the current Corpus Christi price given by AAA at 9:00 a.m. Central Standard Time (CST) on the tenth (10th) day of each month and will go into effect at 12:01 a.m. CST on the eleventh (11th) first (1st) day of the consccutivc current month. Howcvcr, if thc pricc on thc tenth (10th) day of thc month is twcnty fivc cents ($0.25) highcr or lowcr than thc pricc of thc prcccding month, thc adjustmcnt will go into cffcct immcdiatcly instcad of waiting until thc first (1st) day of thc consccutivc month. The taxicab inspector shall disseminate the gasoline price. For each one (1) hour of waiting time or traffic delay time, the maximum charge shall be twenty -four dollars ($24). :. o_II The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fares may include a fifty cent ($ 0.50) one dollar ($1.00) surcharge per fare collected from one (1) or more persons not to exceed five (5) seven (7) persons. For customers wishing to use a credit card a one dollar ($1.00) convenience fee may be added to the fare. Lower rates may be charged at the option of the taxicab certificate holder. While in the city limits a driver shall keep the taximeter in operation while the taxicab is employed regardless of whether a metered rate, a discounted rate or a out -of -town flat rate is charged, For taxi fares originating in the area east of the Intercostal Causeway Bridge on Interstate 358 or west of the Clarkwood Rd. and Interstate 37 intersection, there will be a ten dollar $10.00 minimum fare allowed. Sec. 57 -136. - Same — Charging or collecting excess fares. It shall be unlawful for any driver or operator to charge or demand payment of any fares in excess of the fares prescribed by the council. Sec. 57 -137. - Same— Refusal to convey; Refusal to transport passenger at specified rate. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger on a basis of race, color, religion, sex, national origin, age, or disability, including a driver's refusal to board and convey any service animal or medical equipment utilized in conjunction with a passenger's disability. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger at the rates authorized by this article. It is an affirmative defense to prosecution under this subsection that the driver advised the passenger of the fare or estimated fare to the passenger's destination, and the passenger advised that he did not have the means to pay the fare. Sec. 57 -138. - Same — Refusal to pay legal fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be guilty of a m isdemeanor. Sec. 57 -139. - Same — Display of rate schedule in taxicab. There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to the licensee required by this article, a card showing the rates charged. Sec. 57 -140. - Same — Receipts. It shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making such payment. Secs. 57- 141 -57 -149. - Reserved. SECTION 2. Chapter 57, Article III "LIMOUSINE AND SIGHTSEEING SERVICE" is revised to read as follows: ARTICLE IIIA. - LIMOUSINE AND SIGHTSEEING SERVICE Sec. 57 -164. - Definitions. For the purposes of this article: (a) Limousine service means the luxurious, prearranged transportation by chauffeur - driven vehicle of one (1) or more persons from or to a location within the city limits not upon a schedule or over a fixed route. It shall not include taxicab service, airport limousine service or transportation provided in relation to funeral services. Limousine means a vehicle that hias a manufacturcr's ratcd scating capacity of not morc than fiftccn (15) passcngcrs with an occupancy capacity of five or more, excluding the capacity of the driver compartment and that is used for the hired transportation of persons. (b) Sightseeing service means conveying any person or persons in any vehicle, including horse -drawn carriages, for predetermined periods of time or between fixed points for the purpose of displaying the various natural and manmade points of interest and the economic and cultural institutions of the Corpus Christi area within the city or from locations within the city to locations outside the city, and shall not include the basic provisions of taxicab service or airport limousine service or charter bus service. Sightseeing service defined herein shall refer to transportation provided in vehicles owned by the permit holder. Sec. 57 -165. - Operator permit— Required. It shall be unlawful for any person, as owner or agent, to be engaged in the business of providing limousine or sightseeing service within the city or from locations within the city to locations outside the city, unless the owner of the business holds a current limousine or sightseeing permit issued pursuant to this article. Sec. 57 -166. - Same — Application; fee. (a) Every person desiring to engage in the business of operating any limousine or sightseeing service shall make application, in writing, to the city manager or his designated representative on a form provided for that purpose for a permit to engage in the business specified. Such application shall contain the name, address and telephone number of the true owner of the business and the number, types and seating capacity of each vehicle to be operated; shall be sworn to by the applicant; and shall be accompanied by an application and permit fee of twcnty fivc dollars ($25.00) two hundred fifty dollars ($250) and a permit fcc of twcnty dollars ($20.00) for cach vchicic for which a permit is rcqucstcd. (b) The city manager or his designated representative shall issue a permit to all applicants complying with the provisions of this article and shall issue a permit for the operation of all vehicles complying with the requirements of this article. No permit shall be issued unless every vehicle proposed to be used complies with the following minimum requirements: (1) Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (2) The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent tax charges owing the city upon every such vehicle. (c) No limousine or sightseeing operator permit holder shall be issued, nor shall such permit be valid after issuance, unless the applicant or the holder of the permit is at all times insured by a comprehensive business auto policy to include collision, uninsured motorists and personal injury protection coverage for each vehicle with minimum limits of one hundred thousand dollars ($100,000.00) to any claimant for bodily injury arising out of a single occurrence, three hundred thousand dollars ($300,000.00) for any number of claims arising out of a single occurrence, and fifty thousand dollars ($50,000.00) to any claimant for any number of claims for damage to or destruction of property. Each insurance policy shall require that the insurer notify the city at least ten (10) days before any cancellation, material change, or intent not to renew by either the insurer or the insured. Cancellation of a certificate holders or owners insurance without an approved replacement policy in place at the time cancellation automatically suspends the operations of the vehicle for hire company. (d) The taxicab inspector may shall inspect every limousine or sightseeing vehicle to be operated as limousine or sightseeing service at least once every six (6) months a year for the purpose of determining whether such vehicle is in a safe condition to be operated as a limousine or sightseeing vehicle. The holder of a limousine or sightseeing service permit shall submit such limousine or sightseeing vehicle to the taxicab inspector for inspection at the time and place specified by the inspector in accordance with provisions and fees for the inspection of taxicabs in section 57 -80. The operator of a limousine or sightseeing service and limousine or sightseeing vehicle is responsible for the safe condition and operation of said vehicles and the city, by establishing this permit system, in no way assumes any duty or liability for the safety of said vehicle. (e) Every person driving a limousine or sightseeing vehicle in the city must have applied for and obtained a limousine or sightseeing driver's permit from the taxicab inspector. It shall be unlawful for any permitted limousine or sightseeing service operator in the city to permit any person to drive a limousine or sightseeing vehicle unless such person shall have a valid driver's permit duly issued by the taxicab inspector in accordance with this chapter. Sec. 57 -167. - Charge for regulation and use of streets; payments. (a) In addition to all other charges and payments, each person maintaining and operating a limousine or sightseeing service as described herein shall pay to the city each six (6) months the sum of two hundred dollars ($200.00) times the number of vehicles to be operated as identified in the permit application for the expense of regulating the activities of such service and as a street use fee. (b) The semiannual fee for the first six (6) calendar months of each year shall be paid on or before January 10 and for the second six (6) calendar months of each year shall be paid on or before July 10. A late fee of twenty percent (20 %) will be applied to late payments made after January 10th and July 10th (c) Such payments shall be in addition to all ad valorem taxes upon the value of the property of the person operating such vehicles, and in addition to all lawful occupation taxes imposed upon the occupation or calling of the entity operating such vehicle. Sec. 57 -168. - Service standards. The permit holder shall provide and maintain modern efficient service during the life of the permit and failure to provide and maintain such efficient service shall be grounds for forfeiture of the permit herein granted. Said permit is granted for a five -year period. No assignment of a permit shall become effective unless said assignment is approved by the city manager or his designated representative in writing. Sec. 57 -169. - Special regulations for horse -drawn carriages. Any sightseeing permit issued pursuant to this article involving the use of horse -drawn carriages as a means of conveyance shall include regulations promulgated by the city manager, or his designated representative, relating to the following: (a) Limitations on the specific streets which may be utilized by horse -drawn carriages and the hours of operations allowed. (b) Safety requirements pertaining to reflectors, warning devices and other safety equipment used on the vehicles, and the types and design of wheels and horse shoes which may be utilized. (c) Sanitation procedures to ensure the cleanliness of streets and public ways and the proper disposal of waste. (d) Health regulations safeguarding the care, feeding and watering of the horses or other draft animals employed by the operator. (e) Additional insurance requirements supplementing the minimum limits for automobile and general liability insurance required for limousine and sightseeing operations generally. (f) Any other rules, regulations or procedures which the city manager, or his designated representative, deems necessary to maintain adequate safeguards for the operation of horse - drawn carriages on the public streets not inconsistent with this section. SECTION 3. The effective date of this ordinance is the date of City Council final approval. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of December 11, 2012 First Reading Ordinance for the City Council Meeting of December 18, 2012 Second Reading Ordinance for the City Council Meeting of January 8, 2012 DATE: TO: November 20, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Amending Section 33 -75 to clarify area for discharge of firearms CAPTION: Ordinance amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. PURPOSE: The ordinance is being revised to make it companionable with local government code §229.002. Under 229.002, a city may completely regulate discharge of a firearm within an area annexed by the municipality before September 1, 1981 without any exceptions. The vast majority of Corpus Christi was annexed prior to September 1, 1981. Other clarifications to the ordinance include more distinct descriptions of the locations where it is unlawful to engage in waterfowl hunting. BACKGROUND AND FINDINGS: The ordinance is being revised in order to clarify issues associated with duck hunting in the Laguna Madre and the City's ability to enforce the existing ordinance. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approving the revisions to the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending section 33 -75 of the Corpus Christi Code by clarifying the area where discharge of firearm is prohibited, clarifying unlawful act, clarifying areas where waterfowl hunting is not allowed within 1,000 feet; providing an effective date; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section Sec. 33 -75 is revised to read as follows: Sec. 33 -75. - Discharging firearms; waterfowl hunting. (a) It shall be is unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any description within the city limits as they existed on August 31, 1981. , or from without the corporate limits of the city and permit any shot, projectile, B B's, slugs or ammunition to fall within the city. The unauthorized discharge of firearms of any description outside of the city and within four hundred ('100) feet of the city limits or the firing outside of the city and permitting the projectile to fall within the city is hereby declared a nuisance and is prohibited. (b) However, except as restricted by subsection (c) of this section, waterfowl hunting within the lawful seasons and during the times prescribed by any federal and state agencies with jurisdiction over the taking of waterfowl, subject to the rules and regulations of federal and state agencies of appropriate jurisdiction, and the discharge of firearms, subject to such state law, rules, and regulations, shall be permitted lawful within the city in the following described areas: Corpus Christi Bay, Nueces Bay, and the Upper Laguna Madre within the corporate limits. (For the purposes of this section, anyone on the waterside of the vegetation line is considered to be within Corpus Christi Bay or Upper Laguna Madre. (c) No waterfowl hunting is permitted It is unlawful to engage in waterfowl hunting as allowed in subsection (b) within one thousand (1,000) feet of a residence; business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation (but not including storage sheds, hunting /fishing camps, pump facilities); dock appurtenant to a residential or commercial structure (other than those associated with a hunting /fishing camp or oil /gas field production installation); trailer or recreational vehicle park; military installation; any public beach; any city, county, state, or federal park; the JFK Causeway, causeway between Flour Bluff and North Padre Island Park Road 22 /South Padre Island Drive from east of Laguna Shores Road to the eastern side of the bridge; the Nueces Bay Causeway, U.S. Highway 181 causeway between Corpus Christi and Portland from the Portland - Corpus Christi city limits on the north to North Beach on the south; the Laguna Shores shoreline adjacent to Laguna Shores Road; or the corporate limits of another municipality that prohibits the discharge of firearms within its city limits. SECTION 2. The effective date of this ordinance is the date of final City Council approval. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012 by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Ordinance Amending section 6 -103 (g) of the Corpus Christi Code by providing immediate ownership of impounded animals under four months old to the City; Providing an effective date; Providing for severance; and Providing for publication. WHEREAS, the Animal Control Advisory Committee recommends amending the Corpus Christi Code to allow City immediate ownership of impounded animals under the age of four months. WHEREAS, due to their immature immune system, animals under the age of four months are susceptible to disease and illness. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 6 -103 (g) is revised to read as follows: (g) Disposition of animals. (1) Except as provided in subsections (c) and (j) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3) working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17 -4 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten -day period at the county courthouse, city hall, and the city animal shelter upon the expiration of three (3) working days from the date of impoundment of the livestock. Upon the expiration of the ten -day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. (2) The expiration of the three (3) working days period upon impoundment and the notice of and expiration of the ten -day period with respect to livestock does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of the animal by the Animal Care Services manager. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. (3) In the case of a dog impounded under authority of Chapter 822, Health and Safety Code, as it may be amended, or other state law, the dog may be redeemed upon the court's finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully complied with all insurance and restraint requirements provided by state law, and meets all requirements of this chapter that pertain to the keeping of a dangerous dog. (4) Due to their immature immune system, any impounded animal under four months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the Animal Care Service Manager, Veterinarian, or their designee. SECTION 2. The effective date of this ordinance is the date of final City Council approval. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 18, 2012 Second Reading Ordinance for the City Council Meeting of January 8, 2013 DATE: TO: December 5, 2012 Ronald L. Olson, City Manager FROM: Floyd Simpson, Chief of Police flovdsCa�cctexas. com 886 -2604 Accepting a grant from the Target Corporation and appropriating funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department, and appropriating the $1,700 in the General Fund No. 1020; changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The Police Department has been awarded a law enforcement grant from Target in the amount of $1,700 for the purchase of a wireless camera, recorder, and supplies to assist the Repeat Offender Program. The program focuses on the small number of offenders who are committing the vast majority of property related crimes. The camera will be used for surveillance, recording crime scenes, documenting search warrants, and recording interviews /interrogations in locations outside the Police Department. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Finance OMB FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 1,700 1,700 BALANCE 1,700 1,700 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department; Appropriating the $1,700 in the General Fund No. 1020 and changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Target Corporation in the amount of $1,700 for the purchase of equipment to assist the Repeat Offender Program for the Police Department. SECTION 2. That $1,700 grant is appropriated in the No. 1020 General Fund, for the purchase of equipment to assist the Repeat Offender Program for the Police Department, changing the FY 2012 -2013 Operating Budget adopted by Ordinance No. 029577 by increasing revenue and expenditures in the General Fund No. 1020 by $1,700 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor From: application .notification @target.com Sent: Wednesday, November 21, 2012 3:02 PM To: Greg Shipley Subject: Your Target grant request Corpus Christi Police Department 2012 -2013 Program: 520 TVL 200 Ft. IR 36x Zoom outdoor PTZ camera and PTZ camera keyboard controller Amount: $1,700.00 Dear Mr. Shipley: Target is pleased to inform your organization that a grant has been approved specifically for the program and amount referenced above. Your grant check should arrive in the next few days. Please note that your grant check is void if it is not cashed within five months. If you choose to produce any announcements or articles in recognition of this grant, we ask that you identify us as "Target ". Resources to help you promote your partnership with Target are available at <http://www.target.com/marketingresources>. As always, Target grants are one -time gifts. By making annual commitments, we ensure we can remain flexible and respond to changing community and business needs. Since 1946, Target has given 5 percent of its profit - which today equals more than $4 million a week - to local communities. Our more than 1,700 Target stores carry on this tradition by making local grants and providing volunteer hours. We are proud to partner with organizations like yours to meet the needs of our communities. Whether it's inspiring young minds, offering unique cultural experiences or meeting your community's most basic needs; we thank you for your continued commitment to making a difference You will receive a second email directing you to your account and requesting you fill out and submit a "Charitable Contribution Receipt" as required by Internal Revenue Services guidelines. After you receive your grant check, please follow the directions from that email, and submit your "Charitable Contribution Receipt" electronically. If you have any questions, please email Community.Relations @Target.com. Sincerely, Target Community Relations AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Dec.18, 2012 Second Reading Ordinance for the City Council Meeting of Jan. 8, 2013 DATE: TO: November 29, 2012 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha @cctexas.com (361) 826-3932 Adoption of the 2009 International Fire Code with local amendments. CAPTION: Ordinance adopting the International Fire Code, 2009 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; providing for penalties; providing for severance; and providing for publication. PURPOSE: The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. BACKGROUND AND FINDINGS: On October 2003 the Fire Department adopted the 2003 International Fire Code. We are now proposing to adopt the 2009 International Fire Code with some local amendments. The 2012 International Fire Code has now been published and we will immediately proceed to adopt that version with some local amendments as soon as the 2009 International Fire Code is adopted. The codes have to be approved sequentially; therefore we will approve the 2009 code first. The main changes to the fire code are as follows: • Some sections in the current Fire Code have been moved to coincide with the 2009 International Fire Code. • The permit fee for "Open Burning" increased from $300.00 per day to $500.00 per day. • More stringent rules have been adopted for the placement and operation of "open -flame cooking devices" close to multi - family dwellings. • The preparation or serving of "flaming beverages" in places of assembly and drinking or dining establishments is prohibited. • Clarification on the requirements of property owners regarding the posting of "Fire Lane - No Parking" signs has been added to the fire code. • Fire hydrant proximity requirements have been clarified for multi - family dwellings. • Above - ground tanks storing hazardous liquids shall be inspected annually by the owner and inspected every three years by a professional engineer licensed in Texas. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 18 of the Code of Ordinances. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval to adopt the 2009 International Fire Code with local amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance adopting the International Fire Code, 2009 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; providing for penalties; providing for severance; and providing for publication. WHEREAS, the City published notice of the proposed action conspicuously on the City's Internet website on October 19, 2012 in compliance with Local Government Code §214.217. WHEREAS, the City has made reasonable effort to encourage public comment from persons affected by the proposed adoption of the International Fire Code, 2009 Edition, with local amendments in compliance with Local Government Code §214.217. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Section 18 -1, Code of Ordinances is revised to read as follows: "Sec. 18 -1. Fire prevention code. "(a) The International Fire Code,-2443 2009 Edition, a copy of which, authenticated by the signatures of the mayor and the city secretary, made public record by this section, and on file in the city secretary's office, is hereby adopted verbatim by reference, as if fully copied at length in this article as the fire prevention code in chapter 18, article I, section 18 -1 of the City of Corpus Christi Code of Ordinances. "(b) Additions, deletions, and changes are made to the International Fire Code, 2003 2009 Edition, and correlated to the appropriate paragraph numbers in the International Fire Code as follows; "(1) Section 101.1 of the International Fire Code is revised to read as follows: "101.1 Title. These regulations shall be known as the Fire Code of City of Corpus Christi, and may be referred to as "this code." "(2) Section 101.2.1 of the International Fire Code is revised to read as follows: "101.2.1 Appendices. Provisions in the appendices may not apply unless specifically adopted. The appendices included in this code and the appendices included in referenced standards are not intended for enforcement unless specifically referenced in the code text or specifically included in this ordinance or necessary to clarify technical issues." "(3) Sections 103.2 and 103.3 arc of the International Fire Code is revised to read as follows: "103.2 Fire Prevention Bureau. There is hereby established a division of the Fire Department to be called the Fire Prevention Bureau and the person in charge shall be known as the fire code official and /or fire marshal. "103.3 Liability. Thc codc official, officcr or employee chargcd with thc enforcement of this codc, while acting for thc jurisdiction, may property as a result of an act required or permittcd in thc discharge of official dutics. "103.3.1 Lcgal defense. Any suit institutcd against any officcr or in thc lawful discharge of dutics and undcr thc provisions of this jurisdiction until thc final termination of thc proceedings. Thc codc suit or procccding that is instituted in pursuance of thc provisions of acting in good faith and without malice, shall be free from liability for or omission in thc performance of official dutics in conncction with this code." "(4) Section 104.5 of the International Fire Code is revised to read as follows: "104.5 Written notices and citations. At such time as an inspection is conducted by a representative of the fire prevention bureau and minor fire code violations are found to exist written notice specifying the defects is to be given to the business owner or any person in charge of the premises. A reasonable amount of time must be given to abate the violation. If a violation of the fire prevention code is unabated after written notice and a reasonable amount of time, then the fire official or fire inspector may issue a citation to the business owner or to any person in charge of the premises. However, the following violations are considered to be of a serious nature and citations may be issued immediately without prior written notice. "104.5.1 Locked or blocked exits in assembly or educational occupancies. "104.5.2 Nonfunctional or disabled fire alarm system, where required. "104.5.3 Closed valves to sprinkler system. "104.5.4 Overcrowded conditions. "104.5.5 Illegal burning. "104.5.6 No smoke detectors where required. "104.5.7 No fire extinguisher where required. "104.5.8 Any other condition that in the opinion of the fire inspector, poses imminent danger." "(5) Section 104.10.2 is added to this code to read as follows: "104.10.2 Rewards. The mayor is authorized and directed to make public proclamation in the name of the city offering a reward of five hundred dollars ($500.00) for the arrest and conviction in a court of competent and final jurisdiction, of any person found guilty of the crime of arson, as defined in the statutes of the state, within the limits of the city and to have the proclamation printed upon placards eight (8) by twelve (12) inches in size and placed in wooden frames, under glass, and posted in at least 20 public buildings in the city." 64 Section 105.6.3 is revised to rcad as follows: aircraft fucl scrvicing vchicics. Additional permits rcquircd by othcr scctions of this codc includc, but arc not limitcd to, hot work, hazardous matcrials and flammablc or combustiblc liquids." "(8) Scctions 105.6.20.1 105.6.20.3 105.6.19.1 -- 105.6.19.3 are added to this code to read as follows: "105.6.20.1 105.6.19.1 Fumigators and thermal insecticidal foggers may pay an annual permit fee in the amount of three hundred fifteen fifty dollars ($315 -00- 350.00). "105.6.20.2 105.6.19.2 Annual permit holders must call at least twenty -four (24) hours before the fumigation is to begin. "105.6.20.3 105.6.19.3 The fire official is to be notified at least twenty -four (24) hours before any building or structure or ship is to be closed in connection with the use of any toxic or flammable fumigant and at the time the building or structure or ship is released for occupancy. "(9) L Section-1-05.6.35 105.6.34 of the International Fire Code is revised to read as follows: "4- 05.6.35- 105.6.34 Places of assembly. An operational permit is required to operate a place of assembly. The permit may not be issued unless all seats, stands and structures conform to the requirements of the Corpus Christi Building Code." "(10) (8) Sections 105.6.48 105.6.54 105.6.47 -- 105.6.53 are added to this code to read as follows: "105.6.48 105.6.47 Day care facilities. A permit shall be required to operate a day care facility. "105.6.49 105.6.48 Foster home /group homes. A permit shall be required to operate a foster home or a group home. "105.6.50- 105.6.49 High rise life safety systems. No person shall install, enlarge,_ or extend a high rise life safety system without a permit from the fire code official. "105.6.51 105.6.50 Hospitals and nursing homes. A permit shall be required to operate a hospital or nursing home. "105.6.52 105.6.51 Restaurants. A permit shall be required to operate a restaurant. "4- 05.6 -53- 105.6.52 Unvented and portable fuel burning heaters. No person shall sell, purchase or use an unvented portable fuel burning heater within the city limits without a permit. "105.6.54 105.6.53 Commercial vent -a -hood cleaning. An operational permit is required to clean commercial vent -a- hoods documentation must be provided indicating training from a nationally recognized agency complying with NFPA 96." " (11) (9) Section 105.7.5 105.7.7 of the International Fire Code is revised by adding a new subdivision 4 to this code to read as follows: "105.7.5 105.7.7 Flammable and combustible liquids. A construction permit is required: "4. The application for a permit to install an above ground flammable or combustible liquid tank shall be accompanied by the following: "1. Manufacturer's installation requirements. "2. Listing for tank. "3. Site plan showing address and proposed installation location." " (12) (10) Sections 105.8 -- 105.10 are added to this code to read as follows: "105.8 Fee Schedule. Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule, as follows: "Corpus Christi Fire Department "Fire Prevention Permit Fee Schedule Permit Fee Fee Fire /Arson reports $ 0.10 per page After hours overtime 50.00 per hour 13- hour minimuml annually pre -paid inspections surcharge prior to scheduling inspection Airports, heliports and helistops 100.00 annually Assembly 100.00 annually Automatic sprinklers, standpipes, and fire lines (testing) 100.00 per visit Churches (one :time fee -- no day care facility on prem ises) 100.00 Combustible fibers (storage and handling) 100.00 annually Commercial Vent -A -Hood cleaning 50.00 annually Compressed gas 100.00 annually Cryogenic fluids 100.00 annually Day care facilities (or similar short -term occupancies) 75.00 annually Demolition w/ explosives 250.00 per event Dry cleaning plants 100.00 annually Explosives, blasting agents and ammunition storage 150.00 annually Extinguishing systems 100.00 per inspection Fire alarm systems 75.00 per floor= per test visit Fire alarm systems (required 15,000 square foot zones) 75.00 per zone_ per test visit Fireworks display (aerial) 250.00 per display Fireworks display (non- aerial) 150.00 per display Flammable and combustible liquids 100.00 annually Flammable finishes 100.00 annually Foster homes and group homes 75.00 annually Fumigation and thermal insecticide fogging 350.00 annually Hazardous chemicals 100.00 annually High piled combustible stock 100.00 annually High rise life safety system (testing before issuance of C. of O.) 200.00 per test Hospitals and nursing homes 250.00 per facility plus 1.20 per bed Liquified Liquefied natural 100.00 annually gas Liquificd Liquefied 100.00 annually petroleum gas Lumber storage 100.00 annually Mechanical refrigeration 100.00 annually Open burning 300.00- 500.00 per day Organic coatings 100.00 annually Plans review 150.00 per review Pressure test (fuel storage tanks and /or product lines) 100.00 per visit Repair garages 100.00 annually Restaurants (facilities that accommodate 100 or less occupants) 100.00 annually Restaurants (facilities that accommodate more than 100 occupants) 100.00 annually Special events permits Exhibits /shows 100.00 Flame effects 150.00 Visual inspection 50.00 Special handling fee (less than 24- hours' notice) 100.00 per inspection Tank vehicles for flammable and combustible liquids 100.00 annually Tents and air supported structures 75.00 annually Tire rebuilding plant 100.00 annually Underground /aboveground fuel tanks (installation and removal) 100.00 per inspection Wrecking yard, junkyard or waste handling 100.00 annually "105.9 Applications and fees required for failure to pass inspections. If a site does not meet the standards for issuance of a permit after the first inspection, the applicant must submit a new application and pay a permit fee before any subsequent inspections will be conducted. "105.10 Burning permits. Burning permits will not be issued unless both fire prevention and environmental control division approve the material to be burned. "{3}(11) Section 108 of the International Fire Code is revised to read as follows: "SECTION 108 "MODIFICATION OF FIRE PREVENTION CODE "108.1 Appointment. The city manager, the fire chief, and the fire marshal, acting together, shall have the power to modify any provision of the fire prevention code, upon application in writing by the owner or lessee or their duly authorized agents, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured and substantial justice done. Such modification shall only be applicable upon the unanimous approval of the city manager, fire chief, and the fire marshal in writing. The particulars of such modification when granted or allowed by such unanimous approval shall be entered into the records of the fire marshal and a signed copy be furnished to the applicant. "108.2 Appeals. "108.2.1 General. Whenever it is claimed that the provisions of this code do not apply, or when it is claimed that the true intent and meaning of this code or any of the regulations of this code have been misconstrued or incorrectly interpreted, the owner of such building or structure, or the owner's duly authorized agent, may appeal the decision of the fire official to the city manager by filing notice of appeal with the fire chief. Notice of appeal shall be in writing and filed within 15 days after the decision is rendered by the fire official. "108.2.2 Unsafe or Dangerous Building. In case of a building, structure or operation which, in the opinion of the fire official, is unsafe or dangerous, the fire official may, in his or her order, limit the time for such appeal to a shorter period. "108.3 Decisions. "108.3.1 Variances. The city manager, fire chief, and fire marshal, collectively, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case, when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or public interest, or when, in its opinion, the interpretation of the fire official should be modified or reversed. "108.3.2 Action. In every case, reach a decision without unreasonable or unnecessary delay. Each decision shall also include the reasons for the decision. If a decision reverses or modified a refusal, order, or disallowance of the fire official, or varies the application of any provision of this code, the fire official shall immediately take action in accordance with such decision. "108.3.3 Decisions Are Final. Every decision of the city manager, fire chief, and fire marshal shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. "108.4 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. "108.5 Administration. "The code official shall take action in accordance with the decision of the board." "(l4)-(12) Section 109.3 of the International Fire Code is revised to read as follows: "109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor punishable by a fine of not less than fifty ($50) dollars and not more than two thousand ($2,000) dollars . Each day that a violation continues after due notice has been served shall be deemed a separate offense." "45*(13) Section 110.1 of the International Fire Code is revised to read as follows: "110.1 General. All buildings or structures which do not provide adequate egress, which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health are considered unsafe buildings. All such unsafe buildings are hereby declared illegal, and the fire official shall refer the building to the Zoning and Code Enforcement Administrator for abatement by repair and rehabilitation or by demolition." * * * "{6}(14) Section 111.4 of the International Fire Code is revised to read as follows: "111.4 Failure to comply. Any person who shall continue any work 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 to a fine of not less than fifty ($50.00) dollars or more than two thousand ($2,000) dollars." " (17) (15) Section 202 of the International Fire Code is revised by adding definitions for the terms "condominium" and "dwelling, multiple unit" and by adding the word "condominium" to the R -2 occupancy classification in this code, to read as follows: "Condominium. A single - dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. "Dwelling, multiple unit. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and /or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent. "Occupancy classification. For the purposes of this code, certain occupancies are defined as follows: * "R -2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: * * * "Condominiums" "(16) Section 308.1.4 of the International Fire Code is revised to read as follows: "308.1.4 Open -flame cooking devices. "No person shall install or operate a stove, oven, or barbecue pit, whether portable, temporary or permanent, on the premises of multi - family dwellings, apartments, condominiums, attached single family or hotels, when such stove, oven or barbecue pit is located less than ten (10) feet from any portion of a combustible building, including but not limited to decks, arches, balconies, walls or verandas. This section does not apply to one - family and two - family dwellings or to a stove, oven or barbecue pit installed inside multi- family dwellings, apartments, condominiums, attached single family or hotels in accordance with the city building codes." "(17) Sections 308.1.8 and 308.1.8.1 of the International Fire Code are revised to read as follows: "308.1.8 Flaming food and beverage preparation. The preparation or serving of flaming beverages is prohibited. The preparation of flaming foods in places of assembly and drinking or dining establishments shall be in accordance with Sections 308.1.8.1 through 308.1.8.5. "308.1.8.1 Dispensing. Flammable or combustible liquids used in the preparation of flaming foods shall be dispensed from one of the following: 1. A 1 -ounce (29.6m1) container; or 2. A container not exceeding 1 -quart (946.5m1) capacity with a controlled pouring device that will limit the flow to a 1 -ounce (29.6m1) serving." "(18) Sections 316 and 317 318 and 319 are added to this code to read as follows: "SECTIONS 318 "CONVALESCENT HOMES, HOMES FOR "THE AGED, AND NURSERIES "316.1 318.1 Heating. Buildings occupied for the purposes of convalescent homes, homes for the aged, and nurseries shall have central heating plants with installation so as to safeguard the inherent fire hazard. "316.2 318.2 Portable heaters. The use of portable heaters of any kind is prohibited. "33 -318.3 Lighting. Lighting shall be restricted to electricity. "SECTIONS 319 "COMMERCIAL LAUNDRIES "317.1 319.1 Vents and lint collectors. Vents and lint collectors shall be installed and maintained so that lint does not accumulate in the chase or area behind the dryers or the roof of the building." "(19) Section 503.1.1 of the International Fire Code is revised to read as follows: "503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall allow access to three (3) sides of buildings in excess of fifteen thousand (15,000) square feet and all sides for buildings in excess of thirty thousand (30,000) square feet. During construction, when combustibles are brought on to the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. "Exception: When conditions prevent the installation of an approved fire apparatus access road, the code official may permit the installation of a fire - protection system or systems in lieu of a road, provided the system or systems are not otherwise required by this or any other code. "(20) Section 503.3 of the International Fire Code is revised to read as follows: "503.3 Marking. Where required by the fire code official, approved signs or other approved notices that include the words NO PARKING — FIRE LANE shall be provided for fire apparatus access roads to identify such roads or identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated Signs or notices shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire department access roadways designated by the code official in accordance with the Fire Prevention Code shall be marked by the property owner along the perimeter with conspicuous signs which have the words, "Fire Lane - No Parking" in red four -inch high letters on a white background at fifty -foot intervals. Signs shall be a minimum of five (5) feet above the ground to the bottom of the sign and a maximum of eight (8) feet above the ground to the top of sign. In lieu of signs, fire lanes s-h-alf may also be marked along curbing with the wording, "Fire Lane - No Parking" in white four -inch high letters on a red background stripe at fifteen -foot intervals. Exception: Universal "No Parking" signs may be used in lieu of the above. "(21) Section 503.4.1 is added to this code to read as follows: "503.4.1 Authority for removal. The owner of premises at or upon which a fire lane is required, or the agent of the owner, may have any vehicle that is parked in the fire lane, except an authorized emergency vehicle, removed and stored at the expense of the owner or operator of the vehicle, and subject to removal by the fire official, his or her designated assistants, or a police officer. "(22) Sections 507.5.1 of the International Fire Code is revised to read as follows: "508.5.1 Water supply. 507.5.1 Where required. All premises, other than one - family and two - family detached dwellings, where buildings or portions of buildings are located more than one hundred fifty (150) feet from a fire hydrant shall be provided with approved on- site fire hydrants and water mains capable of supplying the fire flow required by the fire code official. The location and number of on- site hydrants shall be as designated by the fire code official, with the minimum arrangement being so as to have a hydrant available for distribution of hose to any portion of any building on the premises at distances not exceeding three hundred (300) feet but in no case shall hose lengths be greater than three hundred (300) feet. Public hydrants are recognized as meeting all or part of the above requirements. "(23) Section 508.5.7 Section 507.5.7 is added to this code to read as follows: "507.5.7 No parking near hydrant. No automobile, truck, or other vehicle shall be parked closer than fifteen (15) feet to any fire hydrant." "(24) Scction 603.'1 Section 603.10 is added to this code to read as follows: 603.10 Portable Liquid Fuel Burning Heaters. The sale or use of any type of portable liquid fuel burning heater is prohibited. Construction sites and commercial sites, where flammable or combustible vapors are not present are exempt from this requirement with approval of the fire code official. A permit shall be required for the use of portable liquid fuel burning heaters. The sale or use of unvented fuel heaters at construction sites and commercial sites is prohibited, except that unvented portable liquid fuel burning heaters having the following safeguards may be approved for use: "1. Automatic means of shutting off fuel when heater is upset. "2. Adequate guards to protect persons against contact with flame or combustion chamber. "3. Listed by nationally recognized testing agency. "(25) Section 907.1.1 of the International Fire Code is revised to read as follows: "907.1.1 Construction documents. 1. Construction documents for fire alarm systems 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, the International Building Code, and relevant laws, ordinances, rules and regulations, as determined by the fire code official. 2. Construction documents for fire alarm systems shall be submitted for review and approval prior to system installation. 3. Two (2) complete sets of plans shall be provided to the fire prevention bureau. 4. These plans shall bear the signature and license number of the licensed fire alarm planning superintendent, the date of proposed installation and the name, address, and certificate -of- registration number of the registered firm. 5. Any plans not drawn or submitted by a licensed planning superintendent will not be accepted. Othcr spccific the firc official. Construction documcnts shall includc, but "(26) Section 907.2.3 of the International Fire Code is revised to read as follows: "907.2.3 Group E. A manual fire alarm system shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. Smoke alarms shall be installed in al all educational occupancies including but not limited to day care centers, elementary and secondary schools, and all portable buildings. These devices shall be installed in accordance with the rules for "partial smoke detection systems ", except day care centers which will require additional protection in every room in which children sleep. Smoke alarms shall be listed and meet the installation requirements of NFPA 72. "(27) Section 907.2.24 is added to this code to read as follows: "907.2.24 Cooking operations. In the event the building has a fire protective signaling system, the fire suppression system for cooking operations shall be connected to the fire protective signaling system. "(28) Scction 907.10 is rcviscd to r ad as follows: shall be providcd and shall be listcd for thcir purposc. 1. Audiblc warning signals shall be accompanicd by simultancous visual signals for thc bcncfit of thosc with hcaring disabilitics. 2. Visual signals shall be accompanicd by simultancous audiblc signals for thc bcncfit of thc visually impaircd. 3. Visual signals shall consist of thc Icttcrs FIRE in a flashing manner when activated The lettering, size, color and location of Icgally rcquircd visual signal shall be subjcct to thc approval of thc firc official. "(28) Section 912.2.3 is added to this code to read as follows: "912.2.3 Proximity to hydrant. Fire department connections from each sprinkler or standpipe shall be located not more than 100 feet (30 mm) from the nearest fire hydrant connected to an approved water supply." "(29) Section 2206.2.3 of the International Fire Code is revised and amended by adding a new subdivision 5 to this code to read as follows: "2206.2.3 Above - ground tanks located outside, above - grade. "2. Above - ground tanks used for above -grade storage of Class 11 or IIIA liquids are allowed to be protected above- ground tanks or, when approved by the fire code official, other above - ground tanks that comply with Chapter 34. Tank locations shall be in accordance with Table 2206.2.3, but may only be located within a light and heavy industrial zoning districts. "3. Tanks containing fuels may not exceed-6T000 10,000 gallons in individual capacity or 18,000 30,000 gallons in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm). * * * "5. Above - ground tanks storing Class!, 11, or IIIA liquids shall be inspected annually by a company holding a Type A license issued by the Texas Commission on Environmental Quality. Any tank found to be damaged or not installed in accordance with its listing or this code shall be immediately reported to the fire code official." "(30) Section 3301.2.4 of the International Fire Code is revised to read as follows: "3301.2.4 Financial responsibility. Before a permit is issued, as required by Section 3301.2, the applicant shall file with the jurisdiction a corporate surety bond in an amount deemed adequate by the fire code official or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. "(31) Section 3308.5 of the International Fire Code is revised to read as follows: "3308.5 Storage of fireworks at display site. The storage of fireworks at the display site shall comply with the requirements of this section and NFPA 1123 or NFPA 1126 and shall be approved by the fire code official. At no time shall the amount of explosive compound exceed the amount necessary for one (1) show date consumption. " (32) Scction 3308.11 is rcviscd to rcad as follows: "3308.11 Rcstrictcd Usc. A person commits an offcnsc if thc person manufactures, asscmblcs, stores, transports, rcccivcs, dccp, sclls, offcrs, or has in thcir posscssion with intcnt to scll, dclivcry to any person or placc, usc, dischargc, causc to be dischargcd, ignitc, dctonatc, firc or othcrwisc sct in action or havc in thcir posscssion or on thcir person or undcr thcir control any firc official shall havc thc powcr to adopt rcasonablc rulcs and rcgulation -s for thc granting of permits for superviscd public displays other organizations or for the use of fireworks by artisans in pursuit of thcir tradc. Evcry such usc or display shall be handlcd by a •• •• within thc city or within fivc thousand (5,000) fcct of thc city limits, thc public hcalth, safcty and gcncral wclfarc and constitutcs a violation of this Codc. The firc official is dircctcd and rcquircd to scizc and causc to be safcly dcstroycd any fircworks found within thc city or in violation of thc othcr provisions of this firc prcvcntion officcr is cmpowcrcd to scizc any fircworks found within thc city or within fivc thousand (5,000) fcct of thc city limits in violation of this articic and causc thc fircworks to be safcly dcstroycd. "3308.13 Dcfinition. Fircworks' mcans and includcs any combination of substanccs, or dcvicc prcparcd for thc purposc of uscd, firccrackcrs, torpcdocs, pop pops (such as: pop tops, pow wow, fun snaps, or similar cxplosivc dcviccs which can bc projcctcd, tosscd, thrown, or droppcd), skyrockcts, roman candles, daygo bombs, sparklcrs, or othcr dcviccs of like construction and any dcviccs containing any cxplosivc or flammablc compound, or any tablet or othcr dcvicc containing an cxplosivc substancc, of cxplosivc contcnt or Icss per cap and arc uscd with toy pistols, similar dcviccs, thc sale and usc of which shall bc permitted at all times. thc arca within thc city and to all of that arca adjaccnt to thc city and within fivc thousand (5,000) fcct of thc city limits; providcd, however, that no changc in thc city limits occurring aftcr August /1, applies until thc 120th day following thc effective date of such changc in thc city limits. "3308.15 Dutics of City Attorncy. Notwithstanding any penal provisions of this article, thc City Attorncy is authorized to file suit on bchalf of thc city or thc firc marshal or both, for injunctivc relief as may bc ncccssary to prcvcnt unlawful storage, transportation, kccping or usc of fircworks within thc city and to aid thc firc marshal in thc dischargc of his or her duties and to prcvcnt any person from intcrfcring with thc seizure and dcstruction of such fircworks, but it may not bc ncccssary to obtain any such injunctive violation of this chaptcr, it may not be ncccssary for thc prosecution to ncgatc any proviso cxccption, but thc same may bc raised by the defendant by way of defence. The po:recn ion of a permit from thc firc official shall constitutc a dcfcnsc to thc persons namcd in such permit or in placc of thc persons namcd in such permit. "3308.17 Pcnalty. A person commits an offcnsc if thc person manufactures, asscmblcs, stores, transports rcccivcs, kccps, sells, offcrs, or has in thcir posscssion with intcnt to sell, deliver to any person or placc, usc, dischargc, causc to be discharged, ignitc, detonate, firc or othcrwisc set in action or has in thcir posscssion or dcscription cxccpt as providcd in this codc. Any person, upon chaptcr, shall bc fined not more than two thousand dollars any act required by this chapter involving cach separately wrapped that a violation of this chaptcr shall continuc with respect to any packagc of fireworks shall constitutc a separate offense. A person commits an offense if the person uses, discharges, causes to be discharged, ignitcs, detonates, fires or otherwise sets in action any fireworks and upon conviction shall be fined as above provided. "{4)(32) Section-gag-9 3310 is added to this code to read as follows: "SECTION-3309 3310 "INDOOR FIRE WORKS SPECIAL EFFECTS "3309.1 3310.1 Indoor Permit "3309.1.1 3310.1.1 No person shall discharge any fireworks inside any building without a permit. Such permit shall describe the explosive compounds to be used and the amount per show. "3309.1.2 3310.1.2 Prior to the issuance of a permit for indoor fireworks, the operator shall file an application with the fire official, stating the operator's qualifications and other information as deemed necessary by the fire official to certify that the operator for which application has been made is capable of safely discharging such fireworks as described to the satisfaction of the fire official. "3309.1.3 3310.1.3 No permit once issued may be transferred to another location nor another operator. Any change in the information listed on the permit will require a new permit. Any time the circumstances for which the permit was issued change, the permit is void. "3309.1.4 3310.1.4 No permit shall be issued until the show setup is approved by the fire official or his or her designee prior to the first show. "3309.1.5 3310.1.5 No permit shall be issued unless the building listed as the location of the display has had a current fire inspection and is in compliance with this code. "3309.2 3310.2 Location and Amount "3309.2.1 3310.2.1 The location of the fireworks display shall be specified as to street address, building designation and exact area within the building to allow the fire official to determine that the proposed display can safely be discharged as approved. "3309.2.2 3310.2.2 At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one (1) show date consumption. "3309.2.3 3310.2.3 The pyrotechnic operator shall be licensed by the State of Texas as required by the Fireworks Rules of the State of Texas. "3309.2.4 3310.2.4 A public display permit shall also be obtained as required by the Fireworks Rules of the State of Texas." "(33) Section 3311 is added to this code to read as follows: "SECTION 3311 CONSUMER FIREWORKS "3311.1 Restricted Use. A person commits an offense if the person manufactures, assembles, stores, transports, receives, keeps, sells, offers, or has in his possession with intent to sell, delivery to any person or place, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or have in his possession or on his person or under his control any consumer fireworks or any description except as herein provided. The fire official shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the fire official, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. "3311.2 Removal and Disposal. The presence of any consumer fireworks within the city or within five thousand (5,000) feet of the city limits, except fireworks for a public display authorized by the Fire Official, is declared to be a common and public nuisance and detrimental to the public health, safety and general welfare and constitutes a violation of this Code. The fire official is directed and required to seize and cause to be safely destroyed any consumer fireworks found within the city or in violation of the other provisions of this fire prevention code. Any member of the fire department of the city or any police officer is empowered to seize any consumer fireworks found within the city or within five thousand (5,000) feet of the city limits in violation of this article and cause the consumer fireworks to be safely destroyed. "3311.3 Definition. Consumer fireworks means and includes any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, pop pops (such as: pop tops, pow- wow, fun snaps, or similar explosive devices which can be projected, tossed, thrown, or dropped), skyrockets, roman candles, daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance that are not fireworks approved for use at an approved fireworks display under Section 3308 exce•t that the term "consumer fireworks" shall not include any auto flares, paper caps which contain twenty - five hundredths (0.25) of a grain of explosive content or less per cap and are used with toy pistols, toy canes, toy guns, model rocket propulsion motors, or other similar devices, the sale and use of which shall be permitted at all times. "3311.4 Applicability. The provisions of this section apply to all of the area within the city and to all of that area adjacent to the city and within five thousand (5,000) feet of the city limits; provided, however, that no change in the city limits occurring after August 4, 1976, shall affect an expansion of the area in which this chapter applies until the 120th day following the effective date of such change in the city limits. "3311.5 Duties of City Attorney. Notwithstanding any penal provisions of this article, the City Attorney is authorized to file suit on behalf of the city or the fire marshal or both, for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of consumer fireworks within the city and to aid the fire marshal in the discharge of his duties and to prevent any person from interfering with the seizure and destruction of such consumer fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure or destruction. "3311.6 Defense in prosecution. In any prosecution for any violation of this chapter, it shall not be necessary for the prosecution to negate any proviso exception, but the same may be raised by the defendant by way of defense. The possession of a permit from the fire official shall constitute a defense to the persons named in such permit or in place of the persons named in such permit. "3311.7 Penalty. A person commits an offense if the person manufactures, assembles, stores, transports receives, keeps, sells, offers, or has in his possession with intent to sell, deliver to any person or place, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or has in his possession or on his person or under his control any consumer fireworks of any description except as herein provided. Any person, upon conviction of an offense for violation of any provision of this chapter, shall be fined not more than two thousand dollars ($2,000.00). If any consumer fireworks are separately wrapped or packaged, any act required by this chapter involving each separately wrapped or packaged consumer fireworks constitutes a separate offense. Each day that a violation of this chapter shall continue with respect to any package of consumer fireworks shall constitute a separate offense." "(35) " Scction 3/103.2.2 is addcd to rcad as follows: "3403.2.2 Firc hydrants. Firc hydrants shall be providcd in accordancc with Chaptcr 5 of this ordinancc. "(36) (34) Section 3405.3.3 of the International Fire Code is revised to read as follows: "3405.3.3 Heating, lighting and cooking appliances. Heating, lighting and cooking appliances which utilize Class I liquids may not be operated within a building or structure. "Exccption: Operation in singlc family dwcllings." "(3-7-}(35) Section 3801.1 of the International Fire Code is revised to read as follows: "3801.1 Scope. Storage, handling and transportation of LP -gas and the installation of LP -gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA 58. Properties of LP -gases shall be determined in accordance with Appendix B of NFPA 58. The transportation, storage, handling and use of liquefied petroleum gas and the installation and maintenance of all pertinent equipment is subject to the approval of the fire official. "(x)-(36) Section 3803.1 of the International Fire Code is revised to read as follows: "3803.1 General. Liquefied petroleum gas equipment shall be installed in accordance with the International Fuel Gas Code and NFPA 58, except as otherwise provided in this chapter or in other laws or regulations legally in effect. "3803.1.1 Within the limits of the City of Corpus Christi no storage container shall be installed, erected or used for a capacity to hold more than one hundred fifty (150) water gallons, except as follows: "3803.1.1.1 Installations accessory to service stations as permitted by the zoning ordinance, when the aggregate capacity of any one (1) installation does not exceed two thousand (2,000) gallons of water capacity. "3803.1.1.2 Installations accessory to industrial uses permitted in areas zoned industrial, when the aggregate capacity of any one such installation does not exceed two thousand (2,000) gallons of water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Official to increase the maximum allowable capacity to not more than eight thousand (8,000) gallons of water capacity after consideration of special features such as topographical conditions, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire department. "3803.1.1.3 Installations in a heavy industry zoning district. "3803.1.1.4 The restrictions in Section 3803.1.1 to do not apply to containers used for transportation purposes. "3803.1.1.5 Containers larger than on one hundred fifty (150) water gallons capacity may be authorized and installed only after applicant has first obtained and presented to the Fire Official a written approval of such installation of the Director, Liquefied Petroleum Gas Division, Railroad Commission of Texas. "(3-9}(37) Section 3804.4 of the International Fire Code is revised to read as follows: "3804.4 Multiple container installation. Multiple container installations in an aroa zoncd 1 3 "hcavy industrial" a heavy industry zoning district with a total storage water capacity of more than 180,000 gallons (681 300 L) [150,000 - gallon (567 750 L) LP -gas capacity] shall be subdivided into groups containing not more than 180,000 gallons (681 300 L) in each group. No individual container may exceed thirty thousand (30,000) gallons water capacity. Such groups shall be separated by a distance of not Tess than 50 feet (15 240 mm), unless the containers are protected in accordance with all of the following one (1) through four (4) or five (5): "(c) Appendices: Appendix A, Board of Appeals; Appendix B, Fire -Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; Appendix D, Fire Apparatus Access Roads; Appendix E, Hazard Categories; Appendix F, Hazard Ranking; Appendix G, Cryogenic Fluids - Weight and Volume Equivalents of the International Fire Code are solely for the purpose of providing information, recommended practices, and to clarify technical issues and may not have the force and effect of law. "(d) Violation of this code: Any person, firm, or corporation who violates a provision of this code is guilty of a misdemeanor and is liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00). Each person, firm, or corporation is guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued. The owner or owners of any building or structure failing to comply with any of the provisions of this code, and the owner or owners of any premises where a violation of the provisions of this code occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed therewith and who has assisted in the commission of any such violation, is guilty of a separate offense. Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 18 -1(d), Code of Ordinances. Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of December 18, 2012 Second Reading for the City Council Meeting of January 8, 2012 DATE: TO: Ronald L. Olson, City Manager November 19, 2012 FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Great Western Soccer League License Agreement for Use of Equistar Park CAPTION: Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program. PURPOSE: The license agreement will give the Great Western Soccer League ability to operate youth sports program /league at Equistar Park in Northwest Corpus Christi. The initial term of each agreement is two years with the option of two 2 -year extensions. Each league will be responsible for the maintenance of their respective fields and coordination of leagues and programs. BACKGROUND AND FINDINGS: Nueces County and the City have partnered to ensure the development and use of Lyondell Basel) Park and Equistar Park on Haven Drive in Northwest Corpus Christi for residents and visitors. An Interlocal Agreement between the County and City has allowed both entities to leverage County grant and City bond funds ($150,000 from Bond 2008) to include the construction of soccer fields and improvements to existing football fields at the park. The construction of new soccer fields will make it possible for the Great Western Soccer League to move its operations from Labonte Park to Equistar Park once complete. The existing football fields will be improved. The Nueces County Youth Football League will be a new tenant to the park as well. The Nueces County Inland Parks Department will manage the agreements ensuring compliance with maintenance and program /league operational standards. ALTERNATIVES: Do not approve the license agreements and require County /City Parks Departments to provide direct programs /leagues. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all license agreements EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE $ 0.00 Fund(s): Comments: none RECOMMENDATION: Staff recommends the approval of each license agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance License Agreement with Great Western Soccer League Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program with a two - year term and options to extend for additional two -year terms. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for Great Western Soccer League use of Equistar Park for youth soccer program with a two -year term with options to extend for additional two -year terms. A copy of the agreement is attached and a fully executed copy shall be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor /1060 3, 3- LICENSE AGREEMENT 1 This license agreement (hereinafter referred to as "Agreement ") is entered by and between Nueces County ("County"), acting through its duly authorized agent whose business address is 901 Leopard, Room 303, Corpus Christi, TX 78401 and City of Corpus Christi ( "City "), a Texas Honie Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business address is (hereinafter City and County is referred to as "Licensor "), and Great Western Soccer League} acting through its authorized agent whose business address is , Corpus Christi, Texas ( "Licensee "). For and in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use a specified area of property located at Equistar Park, Haven Drive in Northwest Corpus Christi (the "Venue ") located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sport program, specifically soccer program and for no other purpose. Venue is identified by diagram (Exhibit "A "). The "Term" of this Agreement shall be for a two (2) year term with extensions of two (2) -year increments unless this License Agreement is terminated as defined in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Term. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term shall be limited as detailed herein. It is agreed that Licensee shall be the occupant of Venue August 1., through July 31. unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4. Licensor shall reserve the right to allow the public's use of venue during Times of Occupancy when Licensee is not using the Venue pursuant to Article 4. CONTACT PERSON /ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of inland barks or his designee ( "Director"). 2 LICENSE FEE/CONSIDERATION Article 3, As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the venue as a Youth Sports program, specifically soccer and for no other purpose. Licensee agrees to maintain the venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules promulgated in the future, specifically specified in Article 13 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4. Licensor retains joint use of the venue and improvements during the term of this Agreement, subject to Licensee's right to exclusive control of the Venue during its Time for Occupancy for Youth Program Sports purposes. Licensee must not deny access to nor use of the Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director. REPRESENTATIONS, WARRANTIES 84 COVENANTS Article S. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and /or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terns hereof, Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensee agrees that this Agreement• is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof, Licensee shall keep the Venue in an orderly condition while in use. .3 COMPLIANCE WITH LAWS Article 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations of all federal, state, county, or municipal authorities and with all notices, reasonable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, .INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY.CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND VIIHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES 60TH ACTUAL AND EXEMPLARY, INCLUDING AEI. EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASSIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUEiCES COUNTY, TEXAS AND THEIR RESPECTIVE EMPOLYEES: IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECITON IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FFROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPONCTIVE EMPLOYEES' AND CONTRACTORS OWN .NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCQNDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHTTHIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 4 INSURANCE REQUIREMENTS Article R. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Exhibit "13" entitled "INSURANCE REQUIREMENTS ", INTEGRATION CLAUSE Article 9.. This contract supersedes any and all other agreements, either oral or in wiring, between the parties with respect to the subject matter of this agreement, and contains all of the covenants and agreements between Licensor and Licensee with respect to the subject rrratter. Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party, or anyone acting on behalf of any party that are not set forth in this Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MAJEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts of terrorism, epidemic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. In the event of a cancellation of the Event due to a "Force Majeure Occurrence ", each party shall be relieved of its obligations hereunder with respect to the performance so prevented. ORDINANCES, LAWS AND REGULATIONS Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of the Event contemplated herein. It shall be the obligation of the Licensee to apply for, pay for, and obtain all permits and licenses as required by the various agencies of federal, state, and local governments and agencies. UTILITIES Article 12. Licensee must pay for all utilities used by it or for any activity sponsored by Licensee an the Venue prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Agreement. Licensee must adhere to applicable water conservation standards. In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of Parks and Recreation each calendar year Licensee is responsible to arrange and pay for trash removal service. MAINTENANCE/REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of fitter on a daily basis whenever the Venue is being used and weekly during the rest of the year. City and County will provide the trash cans. (B) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but not limited to the fields, bleachers, concession stand, lighting, and fencing: Unless otherwise agreed upon, Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas. However, unless otherwise agreed upon,Licensors have no responsibility to repair or place any damages to Venue or improvements at the Venue caused by vandalism, or caused by any other reason. (0) Licensee must keep safe and in good repair the bleachers, if any; Licensee must repair the bleachers immediately upon discovery of damages.; (E) Licensee shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches. Licensee must mow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing, weeding and feeding, and providing iron on the practice and playing fields in accordance with the industry standard months as required to properly bringing the fields back to playing condition. Failure 6 to keep the grass on the sports fields at or below three (3) inches in height or to properly bring the field back to playing condition will be grounds for termination of the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches, (G) if restroom facilities are not available, Licensee, at Licensee's sole expense, must provide portable toilets for public use whenever Venue is being used for league activity: The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances required as determined by the Director or his designee. (I-1) Licensee shall ensure that no parking is allowed on grass area of any playing or practice fields. (I) If Licensee use goal posts on the Venue, Licensee shall maintain a secure anchoring system on all goal posts used on the fields at the Venue: Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty -eight (48) hours after the need for repair it or should have been discovered. Licensee shall not allow use of the Venue until the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at Premises. (K) Licensee must maintain a First Aid kit at Venue, (L) Licensee must complete and submit the attached Exhibit C, Standard of Maintenance Sports Field Checklist, to the City Director of Parks and Recreation no later than March 1 and August 1 of each year. During the months of May and December, City employees will perform inspection to confirm .compliance with standard of maintenance, Inspection of Venue. Licensor has the right to inspect the Venue and/or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each year, under the Term of the Agreement, a walk through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue, If an inspection reveals that maintenance is not being properly carried out, Director may provide written notice to Licensee demanding compliance. if Licensee has not complied within five (5) days after receipt of the demand, the County may undertake the work and Licensee shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds 7 for termination of this license. Alternatively, the Licensor may elect to terminate this Agreement after (10) days written notice to Licensee. Repairs. Licensee shall be responsible for repairing any portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14. Licensee agrees that it will not make any permanent alteration or physical additions ( "Improvements ") to Venue without the Director's prior written consent. No alterations or improvement to the Venue are required for Licensee's use All approved improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE Article 15, Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to improvements, to maintain satisfactory financial accounting documents and records and shall make there available for examination and audit by the Licensor on a quarterly basis and upon request, Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit Licensor (and its agents) to inspect any and ail pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other, Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, licensee shall promptly pay or bond such liens to l icensor's reasonable satisfaction or otherwise obtain the release or discharge thereof. ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to take place at the Venue shall be the responsibility of the. Licensee to indemnify and insure in accordance with this Agreement. APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto. This Agreement will not be amended or changed except by written agreement signed by both parties thereto, NO WAIVER OF RIGHTS Article 20, If either party fails to enforce any of the provisions of this Agreement or any rights or fads to exercise any election provided in the Agreement, it will not considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement, The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21. If any term, provision, covenant Or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected, impaired, or invalidated. 9 NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified mail or equivalent, if available, return receipt requested (which shall be confirmed by a writing sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: , President of Great Western Soccer League, at , Corpus Christi, TX 78426; Nueces County, County Judge, 901 Leopard Room. 303, Corpus Christi, TX 78441; and City of Corpus Christi, at Corpus. Christi City Hail, 1201 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401.. SURRENDER OF VENUE AT END OF TERM %HOLDOVER Article 23. Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement, Any property remaining at the Venue shall be deemed abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensor after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County, Further, in the event Licensee shall hold over beyond: any date for surrender of Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest on such expenses at maximum interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License or afford Licensee any right to possession of the Venue beyond any date through which such rent has, been paid by Licensee and accepted by the Licensor. Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be ,and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. 10 TITLES FOR CONVENIENCE ONLY Article 24, The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Article 25 Licensee expressly agrees to provide security as determined by Licensee, for Events at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, game dock operators, public address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge that these are not. Licensee's employees. In addition, Licensee, in connection with each Event to which this License applies shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2, All applicable licenses, if applicable for the Event. TERMINATION WITHOUT AULT /TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any aS manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder Or existing breaches hereof. Licensor does not waive its rights to . pursue all applicable legal remedies, including but not limited to breach of contract claims based upon non - performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right of the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT /WAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this License, Without limiting the generality of the preceding sentence, no course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, . provisions or conditions of this License or to exercise any covenant, agreement, terra, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, term, provision or condition of this License shall be deemed to have been made unless expressed in writing and . signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. 12 CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. This License will not be construed against drafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its . sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and board members complete a state or nationally recognized, or Director approved, sportsmanship program. Licensee shall encourage parents and /or legal guardians of the youth participants to attend the sportsmanship program. Licensee is required to turn in an outline of the components of the sportsmanship program. This must include course outline, and dates of the meetings. Licensee must also provide a list of all coaches, hoard members, and parents /legal guardian signatures of attendance at the sportsmanship program. COMPLAINT NOTICE AND OTHER REQUIRED SIGNS. Article 33. Licensee must post and maintain a sign with sportsmanship policies and possible consequences for non- compliance with policies. Licensee must post and maintain signs to indicate restricted parking areas and also that no parking on grass is permitted, Licensee must post Health permits at the concession areas. Licensee roust store food handler cards on file at the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Directors (List) to the Director as defined in Article 2 of this Agreement by each January 31 of each year of this Agreement. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Licensee must notify Director in . writing immediately if there are any changes in the Officers or Board of Directors. Licensee must provide Director of with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. 13 REPORTING Article 35. All reports must be submitted to the Director within two weeks after the start of Licensee's season. Licensee must provide Director with schedules of each division prior to each session. Licensee must provide Director with list of league tournaments scheduled at the Premises. Any tournaments not on schedule for league purposes must be approved in advance by Director, Licensee is responsible to ensure that each tournament at the Premises is covered by the same insurance as required for Licensee's activities under this Agreement. SIGNATURES: EXECUTED ON LICENSORS: NUECES COUNTY BY; Samuel Loyd Neal, Jr. Nueces County Judge ATTESTED By: c6 Diana T. I3arrera, County Clerk 2012, Nueces County, Texas. CITY OE CORPUS CHRISTI By: Ronald L. Olson City Manager LICENSEE: EXECUTED ON 0 e- 2012, Nueces County, Texas � y )1 c.t�_ ._u11 1 __, President Great Western Soccer League x 0 0 0 0. •-• 0 ij,. in z 4) 4) 0 15 EXHIBITEI INSURANCE REQUIR IIENTS 1 LICENSEE'S LIABILITY INSURANCE A. Licensee must not commence work under this agreement .until insurance required herein has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B I..icensee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with applicable policy endorsements naming the City and Nueces County named as additional insureds' for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager, TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability including: 1. Commercial Broad Forrn 2. Premises- Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability Independent Contractors 6. Personal Injury $1,000,000 COMBINED? SINGLE LIMIT C, In the event of accidents of any kind, related to this agreement the Licensee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. 16 11. ADDITIONAL REQUIREIV ENTS A. Certificate of Insurance: The City of Corpus Christi and Nueces County must be named as additional insureds on the liability coverage, and a blanket waiver of subrogation on all applicable policies. The naive of the facility being Leased mist be listed under "Description of Operations ", At a minimum, a 30-day written notice of termination, non renewal, material change or cancellation is required. 5 -3 -12 op Risk Management END SITE: ADDRESS: EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March 1 and August 1 each year of the Agreement INSPECTOR: Date of Inspection: 17 League President .Signature __ Print All Leagues will be expected to complete this self-Inspection checklist form semi annually. Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection during the months of May and December. Each league is responsible for their self inspection. If the inspection is not submitted to the City•of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of Leases the League will be assessed a fee of $250.00 per site Check "NO" If repairs are not necessary; "YES" if repairs are necessary. A comment is required for any "YES" answer. PLAYING SURFACE Yes No 1 [ 1 1.. The soli is too loose to provide good running traction. (1 f 1 2, The soil is too compacted to provide good drainage. — _---- - -__ -_ f 1 [ 1 3..The playing area has low spots, holes, or is not level and should be dragged /re- graded. (1 I 1 4. There is a hazardous soil buildup (lip) between the playing area and the turf. [ 1 [1 5. The playing area has unsafe wet spots and /or puddles. C 1 [1 6. Maintenance equipment such as rakes, hoses, etc. have been left on the field. [ 1 [ 1 7. Litter and unsafe debris is scattered around the playing area and player /spectator areas. [1 11 8. The supply and location of waste cans is inadequate, I 1 C 1 9. If avai €able.at Venue, sprinklerheads, drainage grates, valve boxes, etc. in the field are above grade or have sharp edges or unsafe protrusions. ,. [ ] [ 1 10. There have been recurring accidents from players running into surrounding objects such as fencing; light posts, bleachers, etc..---- - - - - -_ [ 1 [ 1 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking €ot, car restroonas. 11 [ ] 12 There are unsafe bare spots in turf with a hard soil surface exposed. C ] [ ] 13. The surface is uneven because of soil grade. [ 1 [ 1 14. Soil is too wet or drains poorly making an unsafe running stirface.._ [ 11 ] 15. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ 1 (1 16. Turf irrigation cornes on during games. [ 1 [ ] 17, Turf is not stable and "blow -outs" frequently occur. [ 1 [ 1 18.Weeds are present with thorns, bristles, or burrs. 11 11 19 Moles, gophers or• other animals have caused mounds or holes. [ 1 [ 1 20. Hazardous ruts occur on the field from mowing equipment or trenching, COMMt.NTS FENCING Of available at Venue) Yes No [ 1 [ 1 1. Fence posts are loose or improperly set in the ground. [ 1 1 ] 2. Fence posts are on the inside of the playing area fence. 18 [ 1 [ 1 3. Concrete footings are exposed aboveground. [ 1 [ 1 4. fencing is not securely attached to the fence posts with loose or broken ties. [ I [) 5. There are unsafe gaps under fencing. [ 1 ( 1 6. There is no bottom tension wire or railing to secure the bottom of the fence. [ 1 [ 1 7. There is not top railing to secure fence at the top, [ 1 [1 8. Wire ends of chain link fencing are exposed along the top. [ 1 [ 1 9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. - [ 1 [ 1 10. Gates are left open during games. COMMENTS SIGNS Yes No [ 1 [ 1 1. Signs are in good condition. [ 1 [ 1 2. Sign with Parks and Recreation phone number for.. complaints or concerns. 11[1 3.No parking In grass . [ 1 [ 1 4. Sp ortsiiianship suns with league rules, guidelines, and possible consegriences. [ 111 5..ADA Handicap parking spots. (1 [ 1 6. Adequate traffic markings..�__�____ [ 1 [ 1 7. Maintenance area "keep out ". COMMENTS 19 CONCESSION STAND / RESTROOMS (f available at Venue) Yes No [ 1 [ 1 1. Health permits posted. [ 1 [ ] 2, Food handlers cards on file. [ ] [ 1 3. Appropriate signs for doorways. [ 1 [ ] 4. Cleanliness of restrooms and concession area. 11 [ ] 5. Condition of buildings. _ COMMENTS LIGHTING (if available at Venue) Yes No [ 1 1 1 L. The lighting was not designed, installed, or inspected by properly trained engineers or technicians, [ 1 [ 1 2. There are burned out lights. 11 1 1 3. The beam direction of the lights are out of adjustment. _,_ -_ -------- - -_, -- _ [ ] [ 1 4. The lighting grid pattern on the field is uneven or irregular. 11 [ 1 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No [111 I. The nuts and bolts on the bleachers -are loose, inissinf;, or protruding._ [ 1 [ 1 2. The guard rails are loose or missing, C [ H 3. The plank or railing end caps are loose or missing. 20 [ j [ 1 4, Wooden planks are worn out or splintered.. [ 1 [ 1 5. There are hazardous protrusions or sharp edges. COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ 1 { j 1. The chalking material used is irritating to the eyes. [ 1 [ 1 2. There are no wanting signs posted informing players or spectators of use rules or hazardous conditions. [ j [ 1 3. There are no public telephones available for emergency situations. [ 1 [ 1 4. Area that are hazardous or under repair have not been blocked off or identified. [ ] [ 1 5. There is currently no communication between the maintenance staff and the facility users. COMMENTS 21 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 18, 2012 Second Reading for the City Council Meeting of January 8, 2012 DATE: TO: Ronald L. Olson, City Manager November 19, 2012 FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Interlocal Agreement with Nueces County for Sports Field Improvements CAPTION: Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. PURPOSE: This Interlocal Agreement will give Nueces County and the City of Corpus Christi the ability to leverage development and capital improvement funds to increase the scope of development either entity could not accomplish alone. The 2008 Bond Program included $300,000 in the Parks Proposition for improvements to the youth sports fields at this park. BACKGROUND AND FINDINGS: Oxy Petrochemicals Inc. donated property that included 31 acres to the City of Corpus Christi and Nueces County as tenants in common on April 28, 1997. Once known as Oxy Chem Park this property is now known as Equistar Park and is located near the intersection of McKinzie Road and Haven Drive. The deed requires that this property be used as a youth sports facility. The Nueces County Parks Department and County Commissioner Mike Pusley have plans for enhancing Equistar Park and the adjacent property to improve the recreation and athletic facilities available to residents in Northwest Corpus Christi. ALTERNATIVES: Do not approve the Interlocal Agreement and redirect usage of the bond funds to other youth sports field projects. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all interlocal agreements which include the reimbursement of city funds. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $300,000 $300,000 Encumbered / Expended Amount This item BALANCE $300,000 $300,000 Fund(s): Parks CIP — 2008 Bond Comments: Funding has already been appropriated as part of the 2008 Bond program. RECOMMENDATION: Staff recommends the approval of the Interlocal Agreement with Nueces County LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement with Nueces County Ordinance Ordinance authorizing the City Manager, or designee, to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park, and Oxychem Park. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute an Interlocal Agreement with Nueces County for use of Bond 2008 funds for reimbursement up to $300,000 for improvements to Lyondell Park, Equistar Park and Oxychem Park. A copy of the Interlocal Agreement is attached and a fully executed copy shall be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor STATE OF TEXAS COUNTY OF NUECES § AO ap ),11 INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY FOR SPORTS FIELD IMPROVEMENTS WHEREAS, in 2008, City of Corpus Christi, Texas (the "City ") voters approved Proposition 6 which authorized the issuance of limited ad valorem tax - supported public securities to finance City -wide park and recreational improvements including sports field lighting and other improvements ( "Bond Funds "); WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes contracts between local governmental entities, such as the City and Nueees County, Texas the "County ") to perform governmental functions and services, including parks and recreation; WHEREAS, the City desires to partner with the County to make improvements to sports fields on Nueees County property located within the City, specifically on LyondellBasell Park, Equistar Park ,and on City /County jointly owned Oxychem Park; NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by City and County, upon and for the mutual consideration stated herein. 1. County skull construct sports field improvements described in general on Exhibit A (the "Improvements") at LyondellBasell Park , ( "Lyondell Park "), at Equistar Park, and Oxychem Park on or before December 31, 2013. 2. City shall reimburse County up to three hundred thousand dollars ($300,000,00) of Bond Funds for the construction of the Improvements within thirty (30) days of presentation of invoice by the County, after completion of the Improvements. 3. As consideration for providing this funding, County agrees that any lease or license agreement between the County and third party concerning the use of the sports fields at LyondellBasell Park, Equistar Park and Oxychem Park constructed in whole or part with the Bond Funds provided herein shall be limited to youth, non - profit sports leagues, with membership open to all City residents. In addition, the County must have prior written approval of the City to the proposed agreement to ensure that the City has use of LyondellBassell Park Itields, Equistar Park fields, and Oxychem Park at such times that the fields are not in use by the third party. The agreement between the City, County, and third party shall address responsibility for repair, maintenance, and upkeep of the Improvements. 4. The City's interest in the Improvements represents a license therein, being an interest in real property recognized under Texas law and the parties hereto. The license acquired by the City hereunder shall not expire prior to the final maturity of the public securities from which the Bond Funds are derived. For so long as the license is in effect but no later than December 31, 2030 or the last maturity of the public securities from which the Bond Funds are derived, unless City 2 provides County with written notice of extended date, the County may not resell, transfer or dispose of the Improvements, except with prior written approval of the City's Parks Director and the City Director of Financial Services. S. The parties hereto agree that all expenditures under this Agreement shall be paid with current revenues of the paying party. 6. County shall hire a contractor to construct the Improvements. County shall ensure that Contractor complies with all applicable Federal, State and Local laws and regulations, and obtains proper permits. County shall ensure that its contractor obtains the insurance as described on the attached Exhibit B prior to Contractor beginning work. County shall ensure that its contract with its contractor includes an indemnity provision whereby the contractor shall indemnify the City from any and all liability which arises out of Contractor's construction of the Improvements. County's contract with its contractor shall include the following provision: "[COUNTY CONTRACTOR] SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI, TEXAS AND ITS RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THE REMOVAL, INSTALLATION, AND USE OF THE EQUIPMENT (IMPROVEMENTS) DESCRIBED IN THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. [COUNTY CONTRACTOR] MUST, AT I "I "S OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTION. THE. INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT." 7, This Agreement takes effect upon date of last signature and shall be in effect until the later of December 31, 2030, the last :maturity of the public securities from which the Bond Funds are derived. 8. If the Improvements are not completed by December 31, 2013, then this agreement is null and void, and the City has no payment obligations to the County and County has no obligations to the City. However, the City Manager may approve extensions to the completion deadline, 3 9. The County assume all risks and liability for the construction, use, operation, and maintenance of the Improvements on the County -owned parks (LyondellBasell Park and Equistar Park). 11. This Agreement has been duly executed and delivered by all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement represents and warrants that they have full right and authority to enter into this Agreement, 12. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. 13. APPLICABLE LAW. This Agreement shall he governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either the City or County shall be in Nueces County, Texas. 14. SBV'ERAI3ILITY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 15. NOTIFICATION. Any and all notices which may be required under the terms of the Agreement shall be delivercd by registered or certified United States mail or by a recognized commercial carrier or delivery service as follows: NUECES COUNTY: Nueces County Judge 901 Leopard, Room 303 Corpus Christi, Texas 78401 COPY CITY OF CORPUS CHRISTI Director of Financial Services 1201 Leopard Street Corpus Christi, Texas 78401 Executed in duplicate originals, this the by its duly authorized officer: CITY 01? CORPUS CHRISTI Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78401 U day of t , 2012 by Nueces County 4 Nueces County By: Sam ue . Neal, r. County Judge Atteste• 13y. Lt A) .J By: Diana I3arrera Nueces County Clerk Approved as to form: NI. /2 , 2012 BY: /L 1I Lau a arza Jimenez, N e es Coun f Attorney For Nueees county 6 Executed in duplicate originals, this the day of , 2012 by City of Corpus Christi by its duly authorized City Manager: By: Ronald L. Olson City Manager Attest: By: Armando Chapa City Secretary Approved as to form: , 2012 By: Lisa Aguilar, Assistant City Attorney For the City Attorney 6 EXHIBIT "A" �nlvt;onaToday wltlr nl VlFlnarTamnnvw engineer/3 1 architects 1 contractors TBPE Firm No: F -300 Frolect: l yondelleosoll Nuecos County Sports Complex Improvements Project Project No:110344,000 Date: June 0, 2012 Wetimat% OSA 2012 Dollars PRELIMINARY ESTIMATE OF PROBABLE CONSTRUCTION COST LYONDELLBASELL NUECES COUNTY SPORTS COMPLEX IMPROVEMENTS ��II��ss '�f �A�(- (Y�F:. 1' ; z�,'i3� ' °�y;;r�; - YA ` : P a -.`j i s ',:e�,u47a�C�'� t. � °'�':g..;i,��.'� �ti. {9,� q--�.;•,� }ss� + {rt.� IM. .�f 4 �`' y 5 1 a l 1 4 { d b �. M s 7fx ' 1 Y ,� ���Y "�'~ -� j4 tr3- $ 42 400.00 A. 13, Q. MGM 0, FOOTBALL FIELD SOCCER FIELD (ALLOWANCE FOR PURCHASING SOCCER EQUIPMEN PARKING AREA 1 ONLY 0" OF FLEXIBLE BASE 1 $ 42 400.00 $ 30, 000.00 35 100.00 PORTABLE RESTROOMS /SEPTIC SYSTEMS SIDEWALK IMPROVEMENTS ELECTRICAL IMPROVEMENTS WATER IMPROVEMENTS �� ���' �'. '�?+= 'Y�`.�h -s'�d' '�l£ }X' ]`�� iy �j4..i �7' isil (�I fl �F. fey pl'i 4 dyY�T 4 { �1e! 11 Q �u,Ets ;• i':' E�_ F ri;41.: t 4 ' : 4. ~ j:� i � « .��! '-Y _h.01 ,r, f , 88 000.00 $ 0,402.50 $ 38 500.00 22 900.00 $ 30,000,00 $ 35 100.00 $ 88 000.00 $ 6 462.50 $ 38 500.00 $ 22 900.00 ENGINEERING SERVICES 26 300.00 SURVEYING 2 600,00 CONSTRUCTION 7 000.00 ENGINEERING SUB TOTA $ 39 400.00 eptit.1" t 12&'x3 2 L3.`7 X22 tit : /idAV,11.§ :i'a.'aS-,3 .10 '',1•Adi�..44A 116? k;d •t�.H? +aaxi; �I,kS ..i t -Sey I �- yid S & YS t !i� I .yitd a 4:: -i :.�F •'?'' '1& : ran'. S NOTES; 1. This prollminary estimate of probabio cost Is in 2012 dollars and should be escalated to the midpoint of construction If delayed. 'CATS eecum :NT IS 1 OR INTERIM REVIEW AND 1S NOT INTENDED ECM CONNTIit1CITON, MOOING, VERNMIT OR OTIIER UNAUTHORIZED I'11 WOS1F.S. THESE DOCUMENTSIPIANS WERE AUTHORIZED TO BE REILEAsEA, 131(1 OIJAN A, nylptV'I`E ,T LICENSE NO; os47 DATES G19m41Z LyondellBaseli Nueces County Sports 6/812012 Complex Impravernents Project Page 1 of 1 fliff at, )1flII 1{ E 0 0 0 0 0 (D X 0 IA Lyo z'ase a Scale: NTS 7 EXHIBIT 8 INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all Insurance required herein has been obtained and such insurance has been approved by the City. The Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City and must be named as additional insureds for the General liability policy. A blanket waiver of subrogation in favor of the City Is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation is required on all certificates or by policy endorsement. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations • 3. Explosion and Collapse Hazard 4. Underground Hazard 5, Products/ Completed Operations Hazard 5. Contractual Liability 7. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1. Owned vehicles 2. Hired & Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH Il OF THIS EXHIBIT $500,0001$500,0001$500,000 C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. 8 11. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 - 4555 - Fax # D. Contractor agrees that with respect to the above required Insurance, all Insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named Insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 9 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non renewal of coverage, Contractor to provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until fi Contractor demonstrates compliance with the requirements hereof, C. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non - contributory with respect to any insurance or self Insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the Insurance required is in addition to and separate from any other obligation contained in this contract. AGENDA MEMORANDUM First Reading for the City Council Meeting of December 18, 2012 Second Reading for the City Council Meeting of January 8, 2012 DATE: TO: Ronald L. Olson, City Manager November 19, 2012 FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Nueces County Youth Football League License Agreement for Use of Equistar Park CAPTION: Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program. PURPOSE: The license agreement will give Nueces County Youth Football League ability to operate youth sports program /league at Equistar Park in Northwest Corpus Christi. The initial term is two years with the option of two 2 -year extensions. The league will be responsible for the maintenance of their respective fields and coordination of leagues and programs. BACKGROUND AND FINDINGS: Nueces County and the City have partnered to ensure the development and use of LyondellBasell Park and Equistar Park on Haven Drive in Northwest Corpus Christi for residents and visitors. A Interlocal Agreement between the County and City has allowed both entities to leverage County grant and City bond funds ($150,000 from Bond 2008) to include the construction of soccer fields and improvements to existing football fields at the park. The existing football fields will be improved. The Nueces County Youth Football League will be a new tenant to the park as well. The Nueces County Inland Parks Department will manage the agreements ensuring compliance with maintenance and program /league operational standards. ALTERNATIVES: Do not approve the license agreements and require County /City Parks Departments to provide direct programs /leagues. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve all license agreements EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE $ 0.00 Fund(s): Comments: none RECOMMENDATION: Staff recommends the approval of license agreement. LIST OF SUPPORTING DOCUMENTS: License Agreement with Nueces County Youth Football League Ordinance Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program with a two year term and option to extend for additional two -year terms. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or City Manager's designee, is authorized to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program with a two -year term and options to extend for additional two -year terms. A copy of the agreement is attached and a fully executed copy shall be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor c Oi 'O [_ LICENSE AGREEMENT This License agreement (hereinafter referred to as "Agreement ") is entered by and between Nueces County ( "County "), acting through its duly authorized agent whose business address is 901 Leopard, Room 303, Corpus. Christi, TX 78401 and City of Corpus Christi ( "City "), a Texas Horne Rule Municipal Corporation, acting through its duly authorized City Manager or designee whose business address is . (hereinafter City and County is referred to as "Licensor"), and Nueces County Youth Football League acting through its authorized agent whose business address is , Corpus Christi, Texas ( "Licensee "). For and in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: PURPOSE.. AND TERM Article 1. Licensor hereby grants to Licensee the privilege and license to use .a specified area of Licensor co -owned property located at Equistar.Park, Haven Drive in Northwest Corpus Christi (the "Venue ") located in Nueces County, Texas during the Term of this Agreement for the purpose of operation of a youth sport program, specifically football program and for no other purpose. Venue is identified by diagram (Exhibit "Al. The "Term" of this Agreement shall he for a two (2) year term with extensions of two (2) year increments unless this License Agreement is terminated as defined. in Article 26. For an Extension, Licensee shall provide thirty (30) days written notice of its intent to extend the term prior to the expiration of the Term. Said notice is to be provided pursuant to Article 22. Licensee's "Times of Occupancy" of Venue during Term . shall be limited as detailed herein. it is agreed that Licensee shall be the occupant of Venue August 1, through July 31 unless terminated as defined in Article 26. Licensor and Licensee shall use the Venue pursuant to Article 4. Licensor shall reserve the right to allow the public's use of venue during Times of Occupancy when Licensee is not using the Venue pursuant to Article 4. CONTACT PERSON /ADMINISTRATOR OF LICENSE AGREEMENT Article 2. For this License Agreement, the contact person and License Administrator for the Licensor (County and City) is the Nueces County Director of Inland parks or his designee ( "Director "). 2 LICENSE FEE /CONSIDERATION Article 3. As consideration for the grant of the license herein and for the use of the Venue as identified herein Licensee agrees as follows. Licensee agrees to use the venue as a Youth Sports program, specifically football and for no other purpose. Licensee agrees to maintain the venue and any improvements in a year round basis in accordance with all maintenance rules prescribed by Licensor and any rules Promulgated in the future, specifically specified in Article 13 of this Agreement. Failure to maintain the Venue and all improvements in accordance with these rules constitutes grounds for termination of this Agreement. JOINT USE Article 4 Licensor retains joint use of the venue and improvements during the term of this Agreement, subject to Licensee's right to exclusive control of the Venue during its Time for Occupancy for Youth Program Sports purposes. Licensee must not deny access to nor use of the Venue to the general public for unorganized activities when the Venue is not being used by Licensee during Times of Occupancy. Requests for scheduled organized activities by other organizations or public use will be reviewed for approval or denial by the Director, REPRESENTATIONS, WARRANTIES & COVENANTS. Article S. Licensor hereby represents and warrants to Licensee that Licensor can enter into this Agreement and /or operates the Venue and has full power and authority to enter into this Agreement and to engage in the transaction contemplated hereby. Licensor agrees that this Agreement is a valid obligation of Licensor and is binding upon Licensor in accordance with the terms hereof. Licensee hereby represents and warrants to Licensor that it has full power and authority to enter into this Agreement and to engage in the transaction . contemplated hereby, Licensee agrees that this Agreement is a valid obligation of Licensee and is binding upon Licensee in accordance with the terms hereof. Licensee shall keep the Venue in an orderly condition while in use. 3 COMPLIANCE WITH LAWS Article 6. During the Term, Licensee shall obey and comply with all laws, ordinances, and regulations of all federal, state, county, or municipal authorities and with all notices, reasonable requirements and reasonable recommendations of any insurance organizations, associations, or companies with respect to Venue. THE LICENSEE HEREBY AGREES TO INDEMNIFY LICENSOR FROM ALL LOSS OR DAMAGE WHATSOEVER, INCLUDING REASONABLE ATTORNEYS' FEES, FROM LICENSEE'S FAILURE TO ABIDE BY ANY SUCH LAW, ORDINANCES, NOTICES, REQUIREMENTS, ORDERS AND REGULATIONS OF ALL FEDERAL, STATE, LICENSOR, OR MUNICIPAL AUTHORITIES. INDEMNIFICATION Article 7. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS LICENSOR AND THEIR RESPECTIVE EMPLOYEES, FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LOSSES, DAMAGES, CLAIMS OR LIABILITY OF ANY CHARACTER, TYPE OR DESCRIPTION WHETHER FIXED OR CONTINGENT, LIQUATED OR UNLIQUIDATED, ARISING IN TORT OR PURSUANT TO STATUTE, AND WHETHER ARISING UNDER COMMON LAW, OR UNDER ANY STATE, FEDERAL, OR LOCAL RULE OR REGULATIONS FOR ALL DAMAGES. BOTH ACTUAL AND EXEMPLARY, . INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEY'S FEES, FOR ANY INJURY OR DEATH TO ANY PERSON OR PERSONS OR PROPERTY, ARISING OUT OF, OR OCCASSIONED BY, DIRECTLY OR INDIRECTLY, THE ACTS, WHETHER NEGLIGENT OR INTENTIONAL OF LICENSEE OR ITS AGENTS OR EMPLOYEES UNDER THIS AGREEMENT, INCLUDING CLAIMS AND DAMAGES ARISING IN PART FROM THE NEGLIGENCE OF LICENSOR AND NUECES COUNTY, TEXAS AND THEIR RESPECTIVE EMPOLYEES. IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT THAT THE INDEMNITY PROVIDED FOR IN THIS SECITON IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEIVMNIFY AND PROTECT LICENSOR AND THEIR RESPECTIVE EMPLOYEES FEROM THE CONSEQUENCES OF LICENSOR'S AND THEIR RESPONCTIVE EMPLOYEES' AND CONTRACTORS OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY AND DEFENSE PROVIDED HEREIN SHALL NOT EXTEND TO THE SOLE NEGLIGENCE OF WILLFUL MISCONDUCT OF LICENSOR, OR THEIR RESPECTIVE EMPLOYEES OR CONTRACTORS. THE INDEMNIFICATION PROVISIONS CONTAINED THROUGHT THIS AGREEMENT SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 4 INSURANCE REQUIREMENTS Article 8. Licensee shall maintain and pay all premium costs and deductibles, if any, for the following insurance coverages in amounts not less than specified through the duration of the Term as required by Exhibit "B" entitled "INSURANCE REQUIREMENTS ". INTEGRATION CLAUSE Article 9. This contract supersedes any and all other agreements, either oral or in wiring, between the parties with respect to the subject matter of this agreement, and . contains all of the covenants and agreements between Licensor and Licensee with respect to the subject matter, Both Licensor and Licensee acknowledge that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any party, . or anyone acting on behalf of any party that are not set forth in this Agreement, and that no agreement, statement, or promise not contained this Agreement shall be valid or binding. FORCE MAJEURE Article 10. The failure of any party hereto to comply with the terms and conditions hereof because of a "Force Majeure Occurrence" shall not be deemed a breach of this Agreement. "Force Majeure Occurrence" shall be defined to include, without limitation, Act of God, strike, labor disputes, war, fire, earthquake, actions of public enemies, acts of terrorism, epidemic, action of federal, state, or local governmental authorities or an event or reason beyond the reasonable control of a party. In the event of a cancellation of the Event due to a "Force Majeure Occurrence ", each party shall be relieved of its obligations hereunder with respect to the performance so prevented. ORDINANCES, LAWS AND REGULATIONS. Article 11. The Licensee shall comply with all federal, state, and local ordinances, laws and regulations pertaining to the operation of the Event contemplated herein. It shall be the obligation of the Licensee to apply for, pay for, and obtain ail permits and licenses as required by the various agencies of federal, state, and local governments and agencies. 5 UTILITIES Article 12. Licensee must pay for all utilities used by it or for any activity sponsored by Licensee on the Venue prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Agreement. Licensee must adhere to applicable water conservation standards: In an effort to ensure that fields are maintained in accordance with Licensor standards, the City shall not charge Licensee for water used by Licensee to maintain the fields at the Venue, up to maximum number of gallons set by City Director of Parks and Recreation each calendar year. Licensee is responsible to arrange and pay for trash removal service. MAINTENANCE/REPAIRS Article 13. At a minimum, maintenance includes: (A) Licensee shall pickup and properly dispose of litter on a .daily basis whenever the Venue is being used and weekly during the rest of the year. City and County will provide the trash cans; (B) Licensee shall keep fully operational and in good repair any improvements at the Venue, including but not limited to the fields, bleachers, concession stand, lighting, and fencing.. Unless otherwise agreed upon,: Licensor has no responsibility for maintenance or repair to the Venue or any improvements at the Venue. (C) Licensee must immediately report any vandalism to the. Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas.. However, unless otherwise agreed upon, Licensors have no responsibility to repair or place any damages to Venue or improvements at the Venue caused by vandalism, or caused by any other reason. (D) Licensee must keep safe and in good repair the bleachers, if any; Licensee must repair the bleachers immediately upon discovery of damages.; (E) Licensee shall maintain the sports fields within the Venue boundary lines. Grass on the sports fields must not exceed three (3) inches, Licensee must mow the sports fields within one (1) week after the grass reaches three (3) inches in height. At least one month prior to the start of any season or preseason practice, the fields must be gradually cut shorter and brought into playing condition. Licensee shall be responsible, at their sole cost, for winterizing, . weeding and feeding, and providing iron on the practice and playing fields in accordance with the industry standard months as required to properly bringing the fields back to playing condition. ['allure 6 to keep the grass on the sports fields at or below three (3) inches in height or to properly bring the field back to playing condition will be grounds for termination of the Agreement. (F) Licensee will provide normal scheduled mowing of the Venue. Licensee will be responsible for maintaining the sports fields as set out herein. Furthermore, Licensee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches. (G) If restroo.m facilities are not available, Licensee, at Licensee's sole expense, must provide portable . toilets for public use whenever Venue is being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances required as determined by the Director or his designee. (H) Licensee shall ensure that no parking is allowed on grass area of any playing or practice fields. (I) If Licensee use goal posts on the Venue, Licensee shall maintain a secure anchoring system on all •goal posts used on the fields at the Venue. Licensee must repair any deficiency found in the anchoring system that impairs the safe use within forty -eight (48) hours after the need for repair it or should have been discovered. Licensee shall not allow use of the Venue until the anchoring system is repaired. (J) Licensee is responsible for proper installation and use of all equipment and improvements at Premises. (K) Licensee must maintain a First Aid kit at Venue. (1) Licensee must complete and submit the attached Exhibit C, Standard of Maintenance Sports Field Checklist, to the City Director of Parks and. Recreation no later than March 1 and August 1 of each year . During the months of May and December, City employees will perform inspection to confirm compliance with standard of maintenance. Inspection of Venue. licensor has the right to inspect the Venue and /or improvements at any time during the term of this Agreement. Specifically, prior to and at the conclusion of each year, under the Term of the Agreement, a walk through of the Venue will be conducted by Licensor and Licensee to note the condition of Venue. If an inspection reveals that . maintenance is not being properly carried out, Director may provide written notice to Licensee demanding compliance. If Licensee has not complied within five (5) days after receipt of the demand, the County may undertake the work and Licensee shall pay the County's cost plus ten (10) percent overhead within thirty (30) days of receipt of the Director's invoice. Failure to pay the County's maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this License. Alternatively, the Licensor may elect to terminate this Agreement after (10) days written notice to Licensee. Repairs. Licensee shall be responsible for repairing any portion of Venue damaged by Licensee, participants, event attendees, or invitees of Licensee. ALTERATIONS TO VENUE Article 14. Licensee agrees that it will not make any permanent alteration or physical additions ( "Improvements ") to Venue without Director's prior written consent. No alterations or improvement to the Venue are required for Licensee's use. All approved improvements will be property of Licensor at the expiration of Termination of the Agreement. AUDIT OF LICENSEE Article 15: Licensor shall be allowed access to Licensee's financial books and records for auditing purposes. Licensee shall maintain and cause any contractors and subcontractors, relating to improvements, to maintain satisfactory financial accounting documents and records and shall make therm available for examination and audit by the Licensor on a quarterly basis and upon request. Licensor reserves the right to audit any of the Licensee's accounts related to this Agreement. Licensee will permit Licensor (and its agents) to inspect any and all pertinent records, file, information, and other written materials pertaining to this Agreement. Records shall be available upon Licensor's request. RELATIONSHIP OF THE, PARTIES Article 16. Nothing contained in this Agreement will be deemed to constitute Licensor and Licensee as partners or joint ventures with each other. Each party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other party in any way. Licensee agrees that it will be solely responsible for the payment of all costs as specified in this Agreement. Licensee shall have no right, authority, or power to bind Licensor under this License for any claim for labor or material or for any other charge or expense incurred by neither Licensee nor subject Licensor to any lien or right of lien for any labor or material or other charge or expense. If any involuntary liens for labor and materials supplied or claimed to have been supplied to the Venue shall be filed, Licensee shall promptly pay or bond such liens to Licensor's reasonable satisfaction or otherwise obtain the release or discharge thereof. 8 ASSIGNMENT Article 17. Neither this Agreement nor any part hereof shall be transferred, conveyed or assigned by Licensee without prior written consent of Licensor, such as professional or sanctioned tournaments. Any activity or tournament allowed to take place at the Venue shall be the responsibility of the Licensee to indemnify and insure in accordance with this Agreement APPLICABLE LAW Article 18. The validity of this Agreement, the terms, provisions, or articles, and the rights and duties of the parties hereto, shall be interpreted and construed pursuant to, and in accordance with, the laws of the State of Texas. MODIFICATION Article 19. No prior or contemporaneous oral or written promises or representation will be binding on the parties hereto, This Agreement will not be amended or changed except by written agreement signed by both parties thereto. NO WAIVER OF RIGHTS Article 20. If either party fails to enforce any of the provisions of this Agreement or any rights or fails to exercise any election provided in the Agreement, it will not considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either party to exercise any of these provisions, rights or elections will not preclude or prejudice such party from later enforcing or exercising the same or any other provision, right or election which it may have under this Agreement. SEVERABILITY Article 21. If any term, provision, covenant or condition of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement will remain in full force and effect and will in no way be affected; impaired, or invalidated. NOTICES Article 22. All notices given hereunder shall be in writing and shall be deemed to have been duly given if delivered personally with receipt acknowledged or sent by registered or certified 9 mail or equivalent, if available, return receipt requested (which shall be confirmed by a writing sent by registered or certified mail or equivalent on the same day that such notification is sent), or by nationally recognized overnight courier for next day delivery, addressed or sent to the parties at the addresses set forth: , President of Nueces County Youth Football League, at , Corpus Christi, TX 78426; Nueces County, County Judge, 901 Leopard Room 303, Corpus Christi, TX 78401; and City of Corpus Christi, at Corpus Christi City Hall, 1201 Leopard Street, Attn: Director of Parks and Recreation, Corpus Christi, Texas 78401, SURRENDER OF VENUE AT END OF TERM /HOLDOVER Article 23, Upon the expiration or termination of Term of this Agreement, Licensee shall vacate and surrender to Licensor, the Venue, and Licensee shall at Licensee's sole expense, remove all property of Licensee, other than Improvements, and pay for all damages to the Venue including all damages cause by removal of Licensee's property, and restore the Venue to the condition in which it was prior to the Agreement. Any property remaining at the Venue shall be deemed . abandoned by Licensee and may be retained or disposed of by Licensor in any manner that Licensor may see fit, without prejudice to Licensor's rights against Licensee for failure to remove such property, and Licensor shall not be required to pay or account to Licensee for the value of proceeds derived from any sale of such property remaining at the conclusion of the Term. In the case of any holding over or possession by Licensor after expiration of Term or earlier termination of this License, Licensee shall pay Licensor a monthly fee to be determined by the County. Further, in the event Licensee shall hold over beyond any date for surrender of Venue set forth in Licensor's written demand for possession thereof, Licensee shall reimburse Licensor for all actual expenses and losses incurred by Licensor by reason Licensor's inability to deliver possession of Venue to another, together with interest an such expenses at maximum~ interest rate allowed by law from the date such expenses are incurred until reimbursed by Licensee, together with Licensee's reasonable attorney's fees, charges and costs. The acceptance of the monthly payment by the Licensor, as provided in this paragraph, shall not constitute an extension of the Term of this License or afford .Licensee any right to possession of the Venue beyond any date through which such rent has been paid by Licensee and accepted by the Licensor, Such monthly fee shall be due to the Licensor for the period of such holding over, whether or not the Licensor is seeking to evict Licensee; and, unless the Licensor otherwise agrees in writing, such holding over shall be ,and shall be deemed and construed to be, without the consent of the Licensor, whether or not the Licensor has accepted any sum due pursuant to this paragraph. 10 TITLES FOR CONVENIENCE ONLY Article 24. The titles appearing in connection with the various Articles of this Agreement are for convenience only. They are not intended to indicate all of the subject matter in the text and they are not to be used in interpreting this Agreement or for any other purpose in the event of any controversy. SECURITY, STAFFING AND OTHER ITEMS Article 25. Licensee expressly agrees to provide security as determined by Licensee, for Events at Venue during Times of Occupancy during Term and any and all staffing for Events. Licensee shall provide at its sole cost adequate qualified personnel for Event day traffic control. Licensee is responsible for providing its own coaches, assistant coaches, trainers, referees or other necessary officials for the Events, timekeepers, game clock operators, public address announcers, and any medical personnel for the players. This is not an exhaustive list. Licensor is not responsible for any payment due to these staffers and parties expressly acknowledge . that these are not Licensee's employees. In addition, Licensee, in connection with each. Event to which this License applies shall furnish or arrange to furnish at its own expense: 1. Equipment and uniforms for players 2. All applicable licenses, if applicable for the Event. TERMINATION WITHOUT FAULT /TERMINATION FOR DEFAULT Article 26. Termination without fault. Licensor and Licensee have the right to terminate this Agreement without fault by providing thirty (30) days written notice to the other party. Termination for default. If Licensee defaults in the performance of this Agreement or materially breaches any of its provisions and does not cure such default or material breach within fifteen (15) days, Licensor shall have the right to terminate this Agreement by written notification of termination. Licensor may terminate Licensee's right to possession to the Venue, the enjoyment of the issues and profits there from reenter and take possession of the Venue and remove all persons and property there from with or without process of law, without being deemed guilty of any manner of trespass and without prejudice to any remedies for arrears in payment or costs incurred due hereunder or existing breaches hereof. 11 Licensor does not waive its rights to pursue all applicable legal remedies, including but not limited to breach of contract claims based upon non - performance by Licensee. NO WAIVER OF GOVERNMENTAL FUNCTION Article 27. No provision or covenant of this License shall constitute a limitation or waiver of the right of the Licensor to perform its governmental functions and the performance of such functions shall not constitute a default hereunder. AMENDMENT /WAIVER Article 28. No alteration, amendment or modification hereof (including this Section) shall be valid unless executed by an instrument in writing by the Licensor and Licensee with the same formality as this License. Without limiting the generality of the preceding sentence, no course of conduct among the parties shall constitute an alteration, amendment or modification of this License. The failure of the Licensor or the Licensee to insist in any one or more instances upon the strict performance of any of covenants, agreements, terms, provisions or conditions of this License or to exercise any covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by the Licensor or Licensee of any covenant, agreement, terry, provision or condition of this License shall be deemed to have been made unless expressed in writing and signed by an appropriate official on behalf of the Licensor or the Licensee. CHOICE OF LAW Article 29. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. CHOICE OF FORUM Article 30. Any disputes between the parties to this Agreement concerning the subject matter of this Agreement shall be submitted for resolution to a court of competent jurisdiction in Nueces County, Texas. 12 CONSTRUCTION Article 31. The language used in this License will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. This License will not be construed against drafter. BACKGROUND CHECKS Article 32. Licensee shall require satisfactory criminal background checks on each of its Board members and coaches associated with its sports program. SPORTSMANSHIP PROGRAM Article 33. Licensee shall require that all of its coaches and board members complete a state or nationally recognized,. or Director approved, sportsmanship program. Licensee shall encourage parents and/or legal guardians of the youth participants to attend a sportsmanship program.. Licensee is required to turn in an outline of the components of the sportsmanship program; This must include course outline, and dates of the meetings. Licensee must also provide a list of all coaches, board members and parents /legal guardian signatures of attendance at the sportsmanship program. COMPLAINT NOTICE AND OTHER REQUIRED SIGNS Article 33.. Licensee must post and maintain a sign with sportsmanship policies and possible consequences for non - compliance with policies. . Licensee must post and maintain signs to indicate restricted parking areas and also that no parking on grass is permitted. Licensee must post Health permits at the concession areas. Licensee must store food handler cards on file at. the Premises. Licensee must promptly replace or repair any damaged or missing signage. LIST OF CURRENT OFFICERS AND BOARD OF DIRECTORS; BYLAWS Article 34. Licensee must submit its current List of Officers and Board of Directors (List) to the Director as defined in Article 2 of this Agreement by each January 31 of each year of this Agreement. The List must contain each person's title, name, address, home phone, and office or fax phone, and email address. Licensee must notify Director in writing immediately if there are any changes in the Officers or Board of Directors. Licensee must provide Director of with copy of the current Bylaws, and immediately provide Director with any amendments to the Bylaws. 1.3 REPORTING Article 35. All reports must be submitted to the Director within two weeks after the start of Licensee's season. Licensee must provide Director with schedules of each division prior to each session. Licensee must provide Director with list of league tournaments scheduled at the Premises. Any tournaments not on schedule for league purposes must be approved in advance by Director. Licensee is responsible to ensure that each tournament at the Premises is covered by the same insurance as required for Licensee's activities under this Agreement. SIGNATURES: EXECUTED ON e 4e70 / 0 2012, Nueces County, Texas. LICENSORS: NUECES COUNTY BY: CITY OF CORPUS CHRISTI By: Samuel Loyd Neal, Jr.. Nueces County Judge ATTESTED: By: Ronald L. Olson City Manager Diana T. Barrera, County Clerk LICENSEE EXECUTED ON �,. President Nueces County Youth Football League 2012, Nueces County, Texas 15 EXHIBIT B INSURANCE REQUIRERIIENTS 1 LICENSEE'S LIABILITY INSURANCE A, Licensee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Licensee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. 13. Licensee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with applicable policy endorsements naming the City and Nueces County named as additional insureds' for all liability policies, and a blanket waiver of subrogation on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager, TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Written Notice of Cancellation is required on Bodily Injury and Property Damage all certificates Per occurrence / aggregate Commercial General Liability including: $1,O00,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal injury C. In the event of accidents of any kind, related to this agreement the Licensee must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. 16 ll. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi and Nueces County Must be named as additional insureds on the liability coverage, and a blanket waiver of subrogation on all applicable policies. The name of the facility being leased must be listed under "Description of Operations " - At a minimum, a 30-day written notice of termination, non renewal, material change or cancellation is required. 2012 City /county License agreement with Nunes county Youth Football League insurance requirements 5 -3 -12 op Risk Management END 17 SITE: ADDRESS: EXHIBIT C STANDARD OF MAINTENANCE SPORT FIELD CHECKLIST Due each March L and August leach year of the Agreement INSPECTOR: Date of inspection; League President Signature Print All Leagues will be expected to conplete this self - inspection checklist form semi annually, Due date (March 1 and August 1) each year of the Lease. The City of Corpus Christi will do an inspection d.tiring the months of May and December. Each league is responsible for their self inspection. If the inspection is not submitted to the City of Corpus Christi Parks and Recreation Department, 1201 Leopard, Corpus Christi, Texas 78401 by the deadline of (March 1 & August 1) each year of Leases the League will be assessed a fee of $250.00 per site Check "NO" if repairs are not necessary; "YES" if repairs are necessary, A comment is required for any "YES" answer. PLAYING SURFACE Yes No 11 [ 1 1. The soil is too loose to provide good running traction. ___ [ 1 11 2. The soil is too compacted to provide good drainage.. [ 1 [ 1 3. The playing area has low spots, holes, or is not level and should be dragged /re- graded. [ 111 4. There is a hazardous soil buildup (lip) between the playing area and the turf. [ 1 [) S. The playing area has unsafe wet spots and /or huddles. ..__ [ 1 ( 1 G. Maintenance equipment such as rakes, hoses, etc. have been left on the field. 18 [ 1 [ 1 7. Litter and unsafe debris is scattered around the playing area and player /spectator areas. [ 111 8. The supply and location of waste cans is Inadequate, [1 [ 1 9. If available at Venue, sprinkler heads, drainage grates, valve boxes, etc. In the field are above grade or hav sharp edges or unsafe protrusions.__._______._ [ 1 [ 1 10. There have been recurring accidents from players running into surrounding objects such as fencing, light posts, bleachers, etc. 11 [ 1 11. Are there any protrusions or potential hazards along fence lines, posts, bleachers, parking lot, or restrooms. [ 1 [ 1 12 There are unsafe bare spots in turf with a hard soil surface exposed. 1 1 1 1 13. The surface is uneven because of soil grade. 11 [.1 14. Soil is too wet or drains poorly making an unsafe running surface. 11 [ ] 15. Turf is not uniform in texture, density, or height making an unsafe playing surface. [ 1 (1 16. Turf irrigation comes on during games. [ 1 [ 1 17: Turf is not stable and "blow -outs" frequently occur, [ 1 [ 1 1 8.Weeds are present with thorns, bristles, or burrs. [ 1 [ 1 19 Moles, gophers or other animals have caused mounds or holes. [ 1 [ 1 20, Hazardous ruts occur on the field from mowing equipment or trenching. COMMI»NTS FENCING (If available at Venue) Yes No [ 1 [ 1 1. Fence posts are loose or improperly set in the ground. [ 1 [ 1 2. Fence posts are on the inside of the playing area fence. f ] [ ] 3. Concrete footings are exposed above ground. [ ] f ] 4. Fencing is not securely attached to the fence posts with loose or broken ties.. [ ] [ 5, There are unsafe gaps under fencing. [ } [ J 6. There is no bottom tension wire or railing to secure the bottom of the fence. ] ] [ ] 7. There is not top railing to secure fence at the top. [111 8. Wire ends of chain link fencing are exposed along the top. [ ] [ )9. There are damaged portions of fencing that are loose, sharp, protruding, or unsafe. [ 1 ] 10.. Gates are left open during games. COMMENTS 19 SIGNS Yes No [ ] f ] 1. Signs are in good condition. [ ] [ ] 2. Sign with Parks and Recreation phone number for complaints or concerns. [ ] [ ] 3. No parking in grass . [) [ ] 4. Sportsmanship signs with league rules, guidelines, and passible consequences. [1 f } 5. ACA Handicap parking spots. [ ] [ } 6. Adequate traffic markings. [ ] [ ] 7. Maintenance area "keep out ". COMMENTS 20 CONCESSION STAND / RESTROOMS (if available at Venue) Yes No [ 1 [ 1 1, Health permit s posted. [ 1 [ 1 2. Food handlers cards on file. [ 1 [ ] 3. Appropriate signs for doorways. [ ] [ j 4. Cleanliness of restrooms and concession area. [ 1 [ 1 5. Condition of buildings. COMMENTS LIGHTING (if available at Venue) Yes No [ 1 [ 1 1. The lighting was not designed, installed, or inspected by properly . trained . engineers or technicians. [ 1 [ 1 2. There are burned out lights. [ ] [ ] 3. The beam direction of the lights are out of adjustment. [ ] [ ] 4. The lighting grid pattern on the field is uneven or irregular.. [ ] [ 1 5. The lighting foot - candles do not meet industry recommended specifications. COMMENTS BLEACHERS Yes No 11 [ 1 1. The nuts and bolts on the bleachers are loose, missing, or protruding. [ 1 [ 1 2. The guard rails are loose or missing....__ ... [ 1 [ 1 3, The plank or railing end caps are loose or missing... [ ] [ ] 4. Wooden planks are worn out or splintered. [ ] [ ] 5. There are hazardous protrusions or sharp edges, COMMENTS GENERAL SAFETY CONSIDERATIONS Yes No [ ] [ ] 1. The chalking material used is irritating to the eyes. —_ [ ] [ ] 2. There are no warning signs posted informing players or spectators of use rules or hazardous conditions. 1 ] [ ] 3. There are no public telephones: available for emergency situations. 1 ] [ ] 4. Areas that are hazardous or under repair have not been blocked off or identified. 11 [ 1 5. There is currently no communication between the maintenance staff and the facility users. COMMENTS 21 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: January 8, 2012 Agenda Item: Ordinance authorizing the City Manager, or designee, to execute a License Agreement with Nueces County for Nueces County Youth Football League use of Equistar Park for youth football program. Amount Required: $ 0.00 Fund Name Account No. Fund No. Org. No. Project No. Amount 0.00 Total 0.00 X Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 18, 2012 Second Reading Ordinance for the City Council Meeting of January 8, 2013 DATE: TO: December 7, 2012 Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.com 361- 826 -3494 Latchkey Afterschool Snack program CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. PURPOSE: To provide after school supplements (snacks) for the after school enrichment programs at the Latchkey sites. This program requires no city matching funds for qualifying sites. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and /or enrichment activities. The Parks and Recreation Department has a total of 23 Latchkey sites that qualify for meal service based on eligibility. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. The Latchkey program subsidizes the snacks for these sites. Latchkey sites in the Calallen and Flour Bluff Independent School Districts are provided snacks through similar grants awarded to those districts. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again has entered enter into a contract with CCISD to prepare and deliver snacks at a rate of $.68 per snack for the school year beginning October 1, 2012 - June 7, 2013 (based on Federal funding year). CCISD has approved the food service agreement. ALTERNATIVES: Do not offer afterschool snacks to designated Latchkey sites. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council required to accept and appropriate grant funding. EMERGENCY / NON-EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 203,608 203,608 BALANCE 203,608 203,608 Fund(s): Parks and Recreation Grant Fund 1067 Comments: This is a reimbursement program. There is no required City cash match. $191,120 was awarded during FY2011 -2012. RECOMMENDATION: Staff recommends the City Council appropriate the Child and Adult Care Food Program grant for FY 2012 -2013. LIST OF SUPPORTING DOCUMENTS: Notice of Funding, Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $203,608 from the Texas Department of Agriculture and appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept the grant in the amount of $203,608 from the Texas Department of Agriculture for the Latchkey After School Snack Program. SECTION 2. That the $203,608 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. SECTION 3. This Ordinance shall take effect and be in full force immediately after its adoption by the City Council. Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor Texas Unified Nutrition Programs System 1 Application Packet Sponsor of Affiliated Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 101507 Status: Active :CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DBA: 1201 LEOPARD CORPUS CHRISTI, TX 78469 -9277 County District Code: 178 TDA Region: 5 Packet Submitted Date: 10/10/2012 Packet Approved Date: 10/27/2012 Packet Original Approval Date: 10/27/2012 Packet Status: Approved Action Form Name Latest Version Status :View 1 Revise !Revise 1 Details View 1 Revise Details • Contracting Entity Application • Board of Directors Contracting Entity Budget Detail V Checklist (8) - Original Approved Original Approved Original Approved Approved Pending Return for Denied Withdrawn/ Total Correction- Closed Error Applications Site Application(s) 22 0 1 0 0 0 23 Next Base Year Renewal: 2014 - 2015 Show Packet History https ://txunp s 1. texasagriculture .gov /TXUNPS /Cacf/ AppPacket .aspx ?enc= acnVachPt9rjd... 11 /12/2012 AGENDA MEMORANDUM First Reading at the City Council Meeting of December 18, 2012 Second Reading at the City Council Meeting of January 8, 2013 DATE: January 8, 2013 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP ©cctexas.com (361) 826 -3227 Approval for the resale of fifteen (15) foreclosed properties CAPTION: Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 for partial payment of City paving and demolition liens. PURPOSE: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces, County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will nail a For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of fifteen (15) properties at the bid prices listed in Exhibit A. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The list of resale properties received from the law firm contained fifteen (15) properties. Each of the fifteen (15) properties was reviewed by Neighborhood Services, Engineering Services, Planning, and Parks and Recreation for potential City use. No properties were identified. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON - EMERGENCY: This item is not an emergency and is scheduled for approval in two readings. DEPARTMENTAL CLEARANCES: • Legal Department • Neighborhood Services • Engineering Services • Planning • Parks and Recreation FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered /Expended amount of (date) - - - This item - $ 15,903.42 - $ 15,903.42 BALANCE - $ 15,903.42 - $ 15,903.42 FUND(S): General Fund and Debt Service Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Ordinance Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91, plus $9,524.51 for partial payment of City paving and demolition liens. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of fifteen (15) properties listed on the attached and incorporated Exhibit A for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor City's Portion l� ,--I N l� N 1,043.83 1 \O l� M ,--I ,--I O N . r- kn v') M O ,--I v) l� 01 M N 322.83 124.83 11 \O 00 Vl . Cr) l� v') M M ,--I v) �--� M l- �--� V') 00 v') l� Vl N M N o Cr) ids,r r r� yam° Amount of Bid O O O O N 01 I 6,800.00 I O O O O O R O O O O O (T O O O O O N 1 OO.00s'z 1 OO.00s'z 1 OO.00s'z 1 OO.00s'z O O O O O M O O 0 0 00 -- O O O O 0 --i 0—i O( N --i O O O Orr' O N �rF,r Legal Description 16820-0022-0020; Lot2, Block 22, Point Tesoro Unit 4 6129 - 0236 -0190; Lot 19, Block 236, Padre Island 17856-0010-0190; Lot 19, Block 10, Sea Pines Unit 1 10427-0713-0010; Lot 1, Block 13, Barataria Bay Unit 3 5804- 0001 -0070; Lot 7 -A and a portion of Lot 7 -B, Block 1, Nueces Acres No. 2 Addition 2476 - 0056 -0719; Lot 15, Block 4, Flour Bluff Heights 12476-0056-0720; Lot 16, Block 4, Flour Bluff Heights 12476-0056-0722; Lot 17, Block 4, Flour Bluff Heights 2127 - 0008 -0400; Lot 40, Block 'H', Don Patricio Subdivision 12523-0005-0080; Lot 8, Block 5, Flour Bluff Heights 12277-0005-0120; Lot 12, Block 5, El Rey Addition 13443-0002-0090; Lots 9 and 10, Block 2, Hillcrest Addition I 7615- 0002 -0110; Lot 11, Block 2, San Kiego Addition Unit 2 7007 - 0005 -0040; Lot 4, Block 5, Prescott Park Unit 4 5260- 0001 -1030; Lot 103, Block 1, Mobile Estates Addition Property Location 115306 Barataria Drive 115533 Cutty Sark 114222 Allamanda 115101 Dasmarinas Drive' 11813 Haven Drive 1309 Skipper Lane 1305 Skipper Lane 1301 Skipper Lane 11949 Sandy Way 1417 Valerie 12929 Greenwood Drive 11317 Van Loan Avenue I 2201 Bolivar Street 2107 Shirley Drive 6097 Airstream Drive Suit Number ¢wQw ,--� �--� \O o O7 O 00 O N N N OA 01 01 01 O O O O w Vl O 01 O OA O xxx M M M oo 0o 00 \O \O \O O O O O O O 10- 3474 -C L) ' L) Q O O N 07- 2213 -B O o 00 00 O 08- 5840 -B 10- 1800 -G 08- 5963 -E Total It 5 y r.., 1—I 1732 1769 1770 1792 00 O., r- - ---- N M O O O co co co - - - 1804 I 1805 N 00 - I 1816 I 1819 1822 1838 ,--, N M v') VO l� 00 0■ 0 ,--I N M v') City's Portion of City Paving and Demo I ien% 01 \O 01 Vl ,-I CD1 00 \O 01 00 M 00 00 912.21 11 01 01 l"-- 871.22 11 494.28 l"-- 00 Cr) ,- 204.63 11 01 ,--I O V') ,-I Cr) --I N O Vl t VD O ,--I f?? ° AF =y'', CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: January 8, 2013 Agenda Item: Ordinance authorizing the resale of fifteen (15) properties for $56,211.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $6,378.91 plus $9,524.51 for partial payment of City paving and demolition liens. Amount Required: Fund Name Account No. Fund No. Org. No. Project No. Amount Total ® Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of 12/18/12 Action Item for the City Council Meeting of 1/8/13 DATE: TO: December 7, 2012 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Resolution to establish policy regarding a Street User Fee. CAPTION: Resolution approving design concepts for a street user fee; and establishing policy relative to a street user fee PURPOSE: The Resolution addresses additional policy questions necessary for the development and implementation of a Street User Fee. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street User Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street User Fee and direction regarding specific aspects of the Street User Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street User Fee as well as the addition of other items not directly related to the Street User Fee, but associated with the Street Plan. The revised Resolution was approved on September 18, 2012. The attached Resolution further defines key components of the rate design and application of a fee in order to finalize development of the Street User Fee. ALTERNATIVES: Council may choose not to move forward with the Street User Fee at this time. OTHER CONSIDERATIONS: Having guidance on the street user fee billing basis, rate design, and other aspects of developing a new street user fee at an early date allows staff to move forward on a timely basis in order to meet the desired implementation date. Delay in resolving some of these questions or in providing the necessary guidance to develop the fee components may result in an inability to implement within the requested timeframe. CONFORMITY TO CITY POLICY: The Resolution follows all appropriate policy. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Staff recommends passage of the Resolution in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. Resolution approving design concepts for a street user fee; and establishing policy relative to a street user fee. WHEREAS, City Council has created a Strategic Goal for a Street Improvement Plan which includes creating a dedicated funding source; and WHEREAS, on November 16, 2010 City Council passed Resolution No. 028862 creating a Street Maintenance Finance Ad Hoc Advisory Committee (Committee) to evaluate funding options for street repair and maintenance and to develop a street maintenance funding plan; and WHEREAS, the Committee proposed certain funding options and staff developed a street maintenance funding plan; and WHEREAS, City Council must approve a schedule of street user fees; and WHEREAS, various street user fee policies will affect the calculation of street user fee revenues and use rates; and WHEREAS, City staff sought preliminary guidance on policies to develop a budget framework; design changes to the City's billing software ( "HTE ") system; and calculate the estimates of street user fee revenues and rates; and WHEREAS, on September 18, 2012 City Council passed Resolution No. 029634, which resolved and determined the following regarding design policy of the street user fee: A. The rate design for street user fee charges will be based on the Equivalent Residential Unit (ERU) approach. B. A principle basis of service measurement will be to use Trip Factors derived from trip generation rates published by the Institute of Traffic Engineers. C. Land use designations used to determine the appropriate Trip Factor to be applied will be based on the Texas Land Use Code classification as recorded by the Nueces County Appraisal District tax records. D. Land use designations will be consolidated into Trip Factor classifications which then will be applied against the ERU. E. The City Council finds it reasonable and equitable for the City to assume that each non - irrigation water meter in the service area serves a user of a benefitted property. Therefore, a street user fee will be charged to active non - irrigation water meters; and WHEREAS, City staff seeks further guidance on policies in order to continue development of the street user fee, 0036_2_Resolution - Street User Fee Page 1 of 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A principle basis of service measurement will be to use building square footage as recorded by the Nueces County Appraisal District tax records, Trip Factors derived from trip generation rates published by the Institute of Traffic Engineers, and Land use designations used to determine the appropriate Trip Factor, applied based on the Texas Land Use Code classification as recorded by the Nueces County Appraisal District tax records. SECTION 2. Where more than one meter exists for a property, building square footage will be apportioned (i) equally where a single building exists; or (ii) proportionately where multiple buildings exist. SECTION 3. Accounts will be tiered based on building square footage. SECTION 4. Non - residential land use designations will be consolidated into five categories with their associated Trip Factors. SECTION 5. Residential accounts will be assigned to one of three tiers. Non - residential accounts will be assigned to one of four tiers, the fourth of which will constitute a cap. SECTION 6. If a property is inside city limits but does not receive billable services from the City, a "street fee only" account will be established. SECTION 7. In cases where the Nueces County Appraisal District records show no square footage (for example, mobile homes, manufactured homes, portable buildings, travel trailers, and recreational vehicles that serve as businesses or residences) square footage will be determined based on the best data reasonably available to the City. SECTION 8. This resolution takes effect immediately upon its passage. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor 0036_2_Resolution - Street User Fee Page 2 of 3 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 0036_2_Resolution - Street User Fee Page 3 of 3 r 0) N CO CO d CD CO CO 0 i i 0) >- >- >- -O 0) 0) } } } C.0 N Om 0 N • 0 0 m tation � i i [HI ,11,1 ors LL C N J 0 o E Q 2 2 C N LL co ._ „, -o s 2 LL C N 0 01 m ro 0 O e e N O] U e eO] e 1 STREET MAINTENANCE - 5 YEAR PLAN - $15M OVERLAY AND SEAL COAT SQUARE YARD QUANTITIES q 2 2 li0 ( o L 0 o. b E 2 m 2 2 g 2 ® ƒ 20 �2 \ Q. 2 § G 2 2 7 ,q , 2 U ¢ 0 2 « \ 6 2 4 § m o . 2 o � 2§ Q) L nL Q.P .8 7 • % 2 2 2 2 7 + q m 0 \ \ 0) L. 2 2 0 73 0 1D ® 2 2 o - '� E \ I� (/) 3 oo (/) ® % ® ® @ .� o 2 % e \ o q o 2 g 0 e E q e e . m @ e q e q k 2 L a� 2 m m o Cr ® q E q e -Z ■ U m e Q) 0 0 2 0) 43 0 Q) L m W m m c 0 -o 0 a) CO 0) 0 a) 0) 0) co 'J co 0 0 0) a) 0 W -0 v) 0 w 0J O 0 0C +-+ X W 0 CO 0 u p Li— CO z Q IL U W z 0 b.° 1 cy o . o . a3 C s- aA ro 'v) 1 ▪ ro cS -0 s— bA cn C = ro co -0 w - LW \> CC LU w• C!� co cr Lu 0 P1 0) O ttO 0) 4--+ 1 O U U z E 0 CO CO O z rawt w E 0 ro CAA 0 •0) L) +-+ L W 73 CL W N 0 L CL v) C) Q V -3 E 2 •- CU a CU W 4) ca 4— +' tto 0 co >. E c0 O = co o u � 0 N O �. a) CO N ' v) t 4) + L 4 J to a N O +-• c m -0'� a) 0 .— ±� a) i L = = }, O cu - E `n - O 0 c U � > v ._ m E Q v; W . ? Lil 0 s- CO cnO U W (^^%j,, . W c2 }• W L/�� CO D- E o cu 4_• a_• CU 0 C W _ U N CO CD Q 8 On 0 0 ro E°4 L. rJ c4 Aft 14,994,222 *Based on unvetted data base of 144,000 records per meter per month Street User Fee = (Rate x ERU) x Trip Factor AGENDA MEMORANDUM Future Item for the City Council Meeting of 12/18/12 Action Item for the City Council Meeting of 1/8/13 DATE: TO: December 7, 2012 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Director of Storm Water and Street Operations ValerieG@cctexas.com 361.826.1875 Ordinance creating a Street User Fee. CAPTION: Ordinance establishing a street user fee to be implemented by policies, rates, and methodologies established by separate ordinance. PURPOSE: The purpose of this item is to establish a Street User Fee consistent with policy and law. A second ordinance setting the Street user Fee rate will be presented to Council at a later date. BACKGROUND AND FINDINGS: On July 7, 2012 City staff presented their recommendation regarding a Street Improvement Plan and funding. Part of this recommendation included the implementation of a Street User Fee which would fund maintenance (seals and overlays) of streets in Fair or Good condition. On August 28, 2012, staff presented a Resolution seeking a confirmation of City Council's intent to move forward with the implementation of a Street User Fee and direction regarding specific aspects of the Street User Fee policies. During the presentation, Council Members requested slight modifications to elements regarding the Street User Fee as well as the addition of other items not directly related to the Street User Fee, but associated with the Street Plan. The revised Resolution was approved on September 18, 2012. Additional policy and rate design elements will be brought before Council on January 8, 2013 in order to further refine both the application and design of the proposed Street User Fee. The attached Ordinance establishes a Street User Fee. ALTERNATIVES: Council may choose not to move forward with the Street User Fee at this time. OTHER CONSIDERATIONS: An Ordinance establishing a Street User Fee must be passed prior to the Ordinance which sets the rate for the Fee. Doing so significantly before the rate is set clearly denotes City Council's commitment to the implementation of such a Fee. This will allow staff to move forward more concretely on the development of the rate itself as well as the other aspects of implementation of a Street User Fee. CONFORMITY TO CITY POLICY: The Ordinance follows all appropriate policy. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None This item" — Enter amount obligated by the item in future years (if applicable). RECOMMENDATION: Staff recommends passage of the Ordinance in all of its parts. LIST OF SUPPORTING DOCUMENTS: None. Ordinance establishing a street user fee to be implemented by policies, rates, and methodologies established by separate ordinance. WHEREAS, City Council desires to establish a street user fee; and WHEREAS, by subsequent ordinance the City Council will adopt the policies, rates, and methodologies to be used to implement the street user fee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. AUTHORITY. The City of Corpus Christi, a Home Rule City, is authorized to establish this street user fee pursuant to the authority granted by the Texas Constitution, the City Charter, and Texas Local Government Code § 51.001, as amended. SECTION 2. FEE ESTABLISHED. A street user fee is established to be implemented by policies, rates, and methodologies established by separate ordinance. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor 0037_2_Ordinance - Establishing a Street User Fee Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 0037_2_Ordinance - Establishing a Street User Fee Page 2 of 2 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his /her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: January 8, 2013 Agenda Item: Ordinance establishing a street user fee to be implemented by policies, rates, and methodologies established by separate ordinance Amount Required: $ N/A Fund Name Account No. Fund No. Org. No. Project No. Amount $ Total $ ® Certification Not Required Director of Financial Services Date: Print on Green Pape AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: November 19, 2012 TO: FROM: Ron L. Olson, City Manager Pete Anaya, P.E., Director of Planning and Environmental Services 826 -3781 petea n(a� cctexas. com Resolution Requesting Nueces County Appraisal District provide a web link to Navy Flight Zone Information CAPTION: Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. PURPOSE: The City is currently undertaking a Joint Land Use Study to create land use compatibility surrounding Navy airports facilities. A major goal for the study is to raise public awareness on where Navy flight zones (Air Installation Compatible Use Zones) are located. A web link on the Nueces County Appraisal District website is proposed to help inform the public on flight zone locations and Navy information about the zones. BACKGROUND AND FINDINGS: Over 50 Joint Land Use Studies have been completed around the country and in many cases the cities or counties with completed Joint Land Use Studies are well on their way to implementing study recommendations. Corpus Christi is in the process of catching up with some of the other cities or counties and taking action to request a notice on the Appraisal District website would be a positive step toward greater land use compatibility through public information. Staff has met on several occasions with the Nueces County appraisal district staff to discuss the best manner in which to get information out on Navy flight zones. The Appraisal District has indicated that an informational link on the Appraisal District website could be made at the City of Corpus Christi. On July 18th, the Planning Commission requested that staff obtain input from the Corpus Christi Board of Realtors concerning the proposal to request the Nueces County Appraisal District provide information to property owners on Navy flight zones through the District website. On September 10th staff and a Joint Land Use Study Consultant met with the Executive Director of the Corpus Christi Board of Realtors and then on September 201h, met with the Corpus Christi Board of Realtors Governmental Affairs Subcommittee. Both the Executive Director and Subcommittee agreed that a web notice on the Nueces County Appraisal District website would be helpful to buyers and sellers of property and the professional Realtors that represent them. ALTERNATIVES: Other alternatives include letters to property owners, public service announcements and notes on subdivision plats for property being subdivided under a Navy flight zone. OTHER CONSIDERATIONS: The military is constantly evaluating military facilities all over the world for land use compatibility within local jurisdictions. Actions to create land use compatibility are within local control and could play an important role in determining if a facility can expand existing missions or accept new missions, thereby benefiting the local economy. CONFORMITY TO CITY POLICY: Corpus Christi Policy Statements AREAS SURROUNDING EXISTING PRIVATE, PUBLIC, AND MILITARY AIRPORTS SHOULD BE DEVELOPED IN A MANNER THAT IS COMPATIBLE WITH THE OPERATION OF THE AIRPORTS. Airports are characterized by high levels of noise and the potential for accidents under the major flight patterns. Properties in the immediate vicinity of the airports should be required to develop in a manner that is sensitive to expected levels of noise and which will not subject residents to unreasonable risk due to possible accidents. Adopted Flour Bluff Area Development Plan - Goals Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: The Development Services Department and the Planning and Environmental Services Department recommend adoption of the attached resolution. Planning Commission recommended approval on November 7, 2012. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ CIP X Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: NA RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Air Installation Compatible Use Zone Map Excerpt from Planning Commission Draft Minutes Resolution Resolution to request that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local Navy flight zones referred to as Air Installation Compatible Use Zones. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council requests that the Nueces County Appraisal District ( "NCAD ") include a link on the NCAD website relating to information on local U. S. Navy flight zones referred to as Air Installation Compatible Use Zones (AICUZs). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Nelda Martinez Mayor Page 1 of 2 Corpus Christi, Texas day of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott Page 2 of 2 MINUTES REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers November 7, 2012 5:30 P.M. COMMISSIONERS: A. Javier Huerta, Chairman Govind Nadkarni, Vice Chairman Mark Adame Fred Braselton Absent* Marco Castillo Gabriel Guerra* Chris Hamilton Mike Lippincott Absent* Philip Ramirez *Arrived at 5:40 p.m. I. CALL TO ORDER STAFF: Mark Van Vleck, P.E., Interim Director, Development Services Robert Payne, AICP, Senior City Planner Annika Gunning, Project Manager Elizabeth Hundley, Assistant City Attorney Linda Williams, Recording Secretary The meeting was called to order by Chairman Huerta at 5:3 p.m. and a quorum was declared. IV. PUBLIC HEARING AGENDA ITEMS — Discussion and Possible Action the Following Items: PRESENTATION AND POSSIBLE ACTION TO RECOMMEND CITY COUNCIL, RQUEST THE NUECES COUNTY APPRAISAL DISRICT TO PLACE A LINK ON THEIR WEBSITE TO INFORMATION AND MAPS ON NAVY FLIGHT ZONES (AIR INSTALLATION COMPATIBLE USE ZONES) Mr. Payne stated that at the Planning Commission meeting of July 18th, Staff presented a proposal to request that the City ask the Nueces County Appraisal District to place Navy flight zone information on their website to inform the public of the risks associated with overly flying aircraft. Mr. Payne stated the City was undertaking" a Joint Land Use Study (JLUS) to create land use compatibility surrounding Navy airport facilities. A major goal for the study is to raise public awareness on where the flight zones are located. Mr. Payne continued that through an ongoing discussions between staff, the Navy, and the Appraisal District that placing a web link on the Nueces County Appraisal District website was a logical location for placing an informational link on Navy flight zones. The purpose of the link would be to inform the public on flight zone locations and Navy information use guidelines. Planning Commission Regular Meeting November 7, 2012 Page 2 Mr. Payne continued that over fifty (50) Joint Land Use Studies had been completed around the country and, in many of the cities or counties that completed the studies are well on their way to implementing some of the study's recommendations. Mr. Payne stated the City was trying to catch up by taking action in requesting the Appraisal District to place notice on their website which could be a positive first step toward greater land use compatibility. Mr. Payne stated that at the July 18, 2012 Planning Commission meeting, staff was requested to meet with the Corpus Christi Board of Realtors to get their input on the proposal for the Appraisal District to p rovide information to property owners through their website on the Navy flight zones. As a result of that directive, on September 10, 2012, Staff and a Consultant for the JLUS met with the Executive Director of the Board of Realtors and then on September 20, 2012, we met with the Board of Realtors Governmental Affairs Subcommittee. Both the Executive Director and the Subcommittee agreed that placement of a notice on the Appraisal District's website would be helpful to buyers and sellers of property and the realtors that represent them. Staff met on several occasions with the Nueces County Chief Appraiser and Assistant Chief Appraiser to formulate the best method of what information should be included in the website Zink. After Staff's presentation concluded, Mr. Payne stated that Staff was requesting the commission to approve the recommendation that City Council pass a resolution requesting the Nueces County Appraisal District (NCAD) include an informational link on their website to inform the public on Navy flight zones. Mr. Payne stated Mr. Robert Cenci, Assistant Chief Appraiser with the Appraisal District, was present at tonight's meeting to answer any questions the commissioners may have, The floor was opened for discussion and comments by commissioners. After a brief discussion and comments concluded, the public hearing was opened with no one coming forward and the public hearing was closed. Chairman Huerta called for a motion. A motion to approve a recommendation to City Council to pass a resolution requesting the Nueces County Appraisal District include an informational link on the District website to inform the public on Navy flight zones was made by Commissioner Hamilton and seconded by Vice Chairman Nadkarni. Motion passed with Commissioners Braselton and Lippincott absent. (K: DEVSVCS\ SHARED \1. PC2012\2012PCMI N UT ES \110712PCMI N UTES) DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 12/18/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a)cctexas. com 361- 826 -3169 Jim Davis, Director of General Services i im d(c�cctexas. com 361- 857 -1909 Police Package Sedans CAPTION: Motion approving the purchase of twelve (12) Police Package Sedans from Griffith Ford, Seguin, Texas for a total amount of $308,522.88, based on lowest responsible bid, in accordance with Bid Invitation No. BI- 0065 -13. Funding is available in the Capital Outlay Budget of the Fleet Maintenance Fund and the Crime Control District Budget. PURPOSE: These twelve (12) vehicles will be used by the Police Department for day -to -day police work. BACKGROUND AND FINDINGS: The City has approximately 150 marked police patrol units in the fleet. Annually, units are 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. All units are replacement units to the fleet. The sedans are equipped with a police package, which includes a higher horsepower engine, heavy -duty brakes, radiator and heavy duty battery charger system. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The Police Department is currently reconfiguring the make -up of vehicles that comprise the fleet and will eventually build the fleet to include a mix of approximately 50/50 of sedans and Tahoes. This purchase will allow us to continue towards that goal. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: General Services Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $5,021,953.00 $5,021,953.00 Encumbered / Expended Amount $1,529,529.00 $1,529,529.00 This item $308,522.88 $308,522.88 BALANCE $3,183,901.12 $3,183,901.12 Fund(s): Maintenance Service and Crime Control Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. z 0 H co Q 7 D m O Q O m O CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 18, 2012 Access Ford Corpus Christi, Texas Unit Price Extended Price Caldwell Country Ford Caldwell, Texas Unit Price Extended Price Griffith Ford Seguin, LLC Seguin, Texas Unit Price Extended Price Champion Ford Corpus Christi, Texas Extended Price Unit Price ITEM DESCRIPTION QTY. UNIT L 0 CO W N N U O o_ O) (6 0 (6 0_ O C D co 4) co N U m 'O OU U as L C N O U O E O O i 4) • O 4) (6 0 Q O O L U)ZO X00 co co O O M Efl J H 0 1— NOTE: A bid was received from Champion Ford, Corpus Christi, Texas. However, their bid was deemed non - responsive due to engine size not meeting specifications. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: TO: December 18, 2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb(a�cctexas.com (361) 826 -3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm (a�cctexas. com (361) 826 -1972 Track Excavator CAPTION: Motion approving the lease- purchase of one (1) track excavator from Waukesha- Pearce Industries, Inc., Corpus Christi, Texas for a total amount of $181,675.34. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funding is available from the City's lease- purchase financing contractor. PURPOSE: To be used by Solid Waste Operations to load refuse onto trailers at the Transfer Station. BACKGROUND AND FINDINGS: This unit is an addition to the fleet and will become the main line operating unit. The unit currently in use will become the operating spare. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Financing for the lease- purchase of the track excavator is based on a sixty -month term with an estimated interest rate of 2.75% for an annual payment of $38,931.84. The total estimated cost over the five -year period, including principal of $181,675.34 and interest of $12,984.09, is $194,659.43. Funding is available through the General Fund. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON - EMERGENCY: Non - emergency. DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2012- 2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $289,669.30 $184,926.47 $474,595.77 Encumbered / Expended Amount $18,565.00 $0 $18,565.00 This item $9,732.96 $184,926.47 $194,659.43 BALANCE $261,371.34 $261,371.34 Fund(s): General Fund Comments: The $9,732.96 financial impact shown above represents three (3) months of payments that will be encumbered through the end of this fiscal year. The remaining $184,926.47 for the last fifty -seven (57) months of the lease- purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM 1. 2. 3. DESCRIPTION TLGPC CONTRACT NO. 345 -10 PRICE SHEET TRACK EXCAVATOR Komatsu PC138USLC -8 Track Excavator Extended Warranty - Full Machine -5 yrs. /7,500 hrs. Maintenance Contract - 5 yrs. /7,500 hrs. QTY. 1 1 1 Waukesha- Pearce Industries, Inc. Corpus Christ, Texas UNIT Each Each Each UNIT PRICE $153,809.34 $8,276.00 $19,590.00 EXTENDED PRICE $153,809.34 $8,276.00 $19,590.00 TOTAL: $181,675.34 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 12/18/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(a�cctexas. cam 361- 826 -3169 Robert Rocha, Fire Chief rrocha(ccctexas. com 361- 826 -3932 Rescue Pumper CAPTION: Motion approving the lease purchase of one (1) rescue pumper from Siddons- Martin Emergency Group, of Denton, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $425,000. The rescue pumper will be used by the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. PURPOSE: The rescue pumper is used to fight fires and is required to maintain the existing level of emergency response service within the community. BACKGROUND AND FINDINGS: The rescue pumper will be used by the Fire Rescue Division of the Fire Department for emergency response services. This unit is a replacement to the fleet. Currently, the City operates 27 fire fighting units in the fleet with 22 operating as front line units and 5 units placed in reserve status. The existing rescue pumper will replace one of the front line units which will likely be placed in reserve status. The existing reserve unit will be taken out of service and sold at public auction or transferred to another public agency. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The rescue pumper will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The annual interest rate will be determined after the acceptance of the rescue pumper. The estimated annual payment for the Fire Department is $91,074.84. Total estimated cost over the sixty - month period, including principal of $425,000 and interest of $30,374.20, is $455,374.20. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON- EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Fire Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $710,413.00 $440,195.06 $1,150,608.06 Encumbered / Expended Amount $79,264.91 $79,264.91 This item $15,179.14 $440,195.06 $455,374.20 BALANCE $615,968.95 $615,968.95 Fund(s): Fire Department Comments: The $15,179.14 financial impact shown above represents two months of payments that will be encumbered through the end of this fiscal year. The remaining $440,195.06 for the fifty eight months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: DECEMBER 18, 2012 HGAC CONTRACT NO. - FS12 -11 PRICE SHEET RESCUE PUMPER Siddons - Martin Emergency Group Denton, TX Item Description Qty. Unit Unit Extended Price Price 1 Pierce Saber, SLT, Rescue Pumper, 1500 GPM TOTAL: 1 each $ 425,000.00 $425,000.00 $425,000.00 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 12/18/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(ccctexas. com 361- 826 -3169 Foster Crowell, Director of Wastewater Operations fosterc(a cctexas.com 361- 826 -1801 Sodium Bisulfite Solution CAPTION: Motion approving a supply agreement with Univar USA, Corpus Christi, Texas for approximately 868,000 pounds of sodium bisulfite solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0044 -13, based on lowest local bid for an estimated twelve month expenditure of $291,648 of which $170,128 is required for the remainder of FY 2012 -2013. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds are available in the Wastewater Operations Budget in FY2012 -2013. PURPOSE: This chemical will be used for dechlorination at the Wastewaster Treatment Plants. BACKGROUND AND FINDINGS: The dechlorination is required by the Wastewater Discharge Permits. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The recommended award is based on Section 26 of the Council Policies of the City of Corpus Christi Code of Ordinance. The ordnance provides for local preference when the local bidder is within 3% of a non local bidder. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON - EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,430,371.06 $121,520.00 $1,551,891.06 Encumbered / Expended Amount $460,995.54 $460,995.54 This item $170,128.00 $121,520.00 $291,648.00 BALANCE $799,247.52 $799,247.52 Fund(s): Wastewater Department Comments: The $170,128 financial impact shown above represents seven months of expenditures that will be encumbered through the end of this fiscal year. The remaining $121,520 will be requested during the normal FY 2013 -2014 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation. BID TABULATION CITY OF CORPUS CHRISTI BI-0044-13 PURCHASING DIVISION O 0 Z • N O o 0 N Q � J N W_ LL W co < < 0 0 _ • U W Z D O CO U D O 0 (6 U E t c 0 To 0 E E O U In H Extended Price N U 0_ c U c vi N D c U 0 0 Extended Price N U 0_ c 10 0) CO CO 0 C D 0 D c N X W N U 0 U 0 c c O o cB X ;2- O o U H 03 c D 0 03 0) m .c U Y D N D c a) X W U 0_ U 0_ c 10 CO CO O c vi 0 Sodium Bisulfite Solution 0 291.648.00 Award Total: preference when the local bidder is within 3% of a non local bidder. DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 12/18/2012 FROM: Michael Barrera, Assistant Director of Financial Services m ikeb(c�cctexas. com 361- 826 -3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(a�cctexas.com 361- 826 -1972 Five Yard Wheel Loader CAPTION: Motion approving the lease purchase of one (1) five yard wheel loader from Nueces Power Equipment, of Corpus Christi, Texas based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC), in the amount of $239,427.14. The five yard wheel loader will be used by the Solid Waste Department. This unit is an addition to the fleet. Funds for the lease purchase of the wheel loader will be provided through the City's lease /financing program. PURPOSE: The wheel loader will be used to fill the transfer trailers at the J.C. Elliott Transfer Station. BACKGROUND AND FINDINGS: This unit is priced with a five -year full coverage extended warranty and five -year maintenance contract. The local Nueces Power Equipment dealership in Corpus Christi will provide for delivery, maintenance and warranty work on this unit. This unit is an addition to the fleet. ALTERNATIVES: Not Applicable. OTHER CONSIDERATIONS: The wheel loader will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the wheel loader. The estimated annual payment is $51,307.68. Total estimated cost over the sixty -month period, including principal of $239,427.14 and the interest of $17,111.26, is $256,538.40. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON-EMERGENCY: Non - Emergency. DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $289,669.30 $239,435.84 $529,105.14 Encumbered / Expended Amount $18,565.00 $18,565.00 This item $17,102.56 $239,435.84 $256,538.40 BALANCE $254,001.74 $254,001.74 Fund(s): Solid Waste Department Comments: The $17,102.56 financial impact shown above represents two months of payments that will be encumbered through the end of this fiscal year. The remaining $239,435.84 for the fifty eight months of payments will be requested in future years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. HGAC CONTRACT NO. EM06 -11 I— w w w < = 0 W W 0 w E d O N D 0 z N 5 0 0 J z2o QJ Li D D O CL m O HOLT CAT DALLAS, TEXAS Extended Price O O co O co -l- el 63 O O co O co -l- el 63 Unit Price Waukesha- Pearce Industries, Inc. CORPUS CHRISTI, TEXAS Extended Price U') O lf) 00 (-g- oo N ER U') (.6 lf) 00 (-g- oo N ER Unit Price DOGGETT MACHINERY CORPUS CHRISTI, TEXAS Extended Price O 00 O lf) O) lf) N ER O op O 0) N ER Unit Price H &V EQUIPMENT CORPUS CHRISTI, TEXAS Extended Price O O V O V V N ER O O V O V V N ER Unit Price NUECES POWER EQUIPMENT CORPUS CHRISTI, TEXAS Extended Price V N V O) co N ER V N V O) co N ER Unit Price L U (6 W `O v a w w c s ° a) m a, H `in N 'cis c > i O) U • 0 N U -O C a) C O LL > Q J CJ N 0 t E U 00 $259,150.80 Award Total AGENDA MEMORANDUM Future Item for the City Council Meeting of December 18, 2012 Action Item for the City Council Meeting of January 8, 2013 DATE: November 28, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Planning and Environmental Services petean(a�cctexas. com (361) 826 -3781 CAPTION: Gustavo Gonzalez, P. E., Director of Water Operations gustavogo@cctexas.com (361) 826 -1874 Daniel Biles, P. E., Director of Engineering Services danb @cctexas.com (361) 826 -3729 Contract for Monitoring Services Rincon Bayou Diversion Nueces Bay and River Salinity and Freshwater Inflow Monitoring 2012 -2013 Motion authorizing the City Manager, or designee, to execute Contract for Monitoring Services with Conrad Blucher Institute at Texas A & M University — Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. PURPOSE: The purpose of this Agenda Item is to execute the Contract for Monitoring Services with the Conrad Blucher Institute at Texas A & M University — Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. BACKGROUND AND FINDINGS: The Contract for Monitoring Services provides resources necessary to perform monitoring and data collection required by the Texas Commission on Environmental Quality (TCEQ) as part of the amendment of the City's reservoir operating plan which allows reduced mandatory water releases. The salinity monitoring is an annual requirement of the amended operating plan which originated in 1991. C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \PACKET \1012 CITY COUNCIL 12 18 2012 \0044 1 AGENDA MEMO - RINCON BAYOU.DOCX Elimination of the required monitoring requires reconsideration of the permit by TCEQ. TCEQ permit hearings are not limited to individual topics. A permit hearing could result in the imposition of requirements not desirable for optimal water conservation. ALTERNATIVES: 1. Execute the Contract for Monitoring Services as recommended. 2. Do not execute the Contract for Monitoring Services as recommended. CONFORMITY TO CITY POLICY: The contract and selection process complies with the Professional Procurement Act and City Policy. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Department of Engineering Services Department of Water Services FINANCIAL IMPACT: Operating Expense Fiscal Year 2012 -2013 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $544,541.39 $0.00 $544,541.39 Encumbered / Expended Amount 279,052.83 279,052.83 This item 93,062.00 93,062.00 BALANCE $172,426.56 $172,426.56 Fund(s): Water Fund Comments: Not applicable. RECOMMENDATION: City staff recommends that the Contract for Monitoring Services be executed with Conrad Blucher Institute at Texas A & M University — Corpus Christi in an amount not to exceed $93,062 for Salinity and Freshwater Inflow Monitoring 2012 -2013 associated with the Rincon Bayou Diversion Project. LIST OF SUPPORTING DOCUMENTS: Contract Summary Location Map C: \PROGRAM FILES \GRANICUS \LEGISTAR5 \PACKET \1012 CITY COUNCIL 12 18 2012 \0044 1 AGENDA MEMO - RINCON BAYOU.DOCX File : \Mproject \councilexhibits \exh8443c.dwg NUECES OVERFLOW CHANNEL LaBONTE PARK RIVER F.M. 624 IH 37 CD CITY PROJECT #8443 CALLICOATTE RINCON BAYOU . ■ NiSio op.-4114k /' - RINCON BAYOU NORTH LAKE NUECES N Z W Y 0 LOCATION MAP NOT TO SCALE PROJECT LOCATION (TYP. MONITORING STATIONS) 0 RIVER /Viii Ces RAND MORGAN srf O O Y rY Q J U NUECES BAY RINCON BAYOU DIVERSION PROJECT NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORING 2012 -2013 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 ■ ■ ■ CITY OF CORPUS CHRISTI RINCON BAYOU DIVERSION NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORING 2012 -2013 (City Project No. 8443) CONTRACT FOR MONITORING SERVICES The City of Corpus Christi, Texas, hereinafter called "City ", and the Conrad Blucher Institute (CBI) at Texas A &M University - Corpus Christi, hereinafter called "CBI ", hereby agree as follows: I. SERVICES TO BE PERFORMED — CBI hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of three salinity monitoring stations in the Nueces River and Bay. II. SCOPE OF SERVICES — CBI's services will be those necessary to provide the required monitoring corresponding to station service including the following: • Station service includes exchange of Hydrolab instruments with a freshly calibrated unit; • Station service frequency will be based on observed marine growth (every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler); • All salinity monitoring stations will report salinity and water temperature; • Stations SALT01 and SALT03 will also report dissolved oxygen, pH, and water depth; and • All data will be available in graphical and tabular format on the CBI website (http: / /lighthouse. tamucc.edu /salinity) within one hour of the time data were collected. A. TASKS — CBI will complete the tasks set forth in the research proposal attached as Exhibit "A ". CBI will complete the following tasks: Nueces Bav Salinity Monitoring — Freshwater Inflow — CBI will conduct Nueces Bay salinity monitoring two (2) monitoring platforms in the bay, one near Whites Point (SALT03) and the other mid bay, near the CPL (AEP) power lines (SALT01), plus one station in the Nueces River (SALT05); and will continue to maintain a station at the mouth of the Rincon Delta (SALT08) which is no longer sponsored by the City. Parameters measured by CBI will include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. Station Salt05 parameters will include salinity, water temperature and water depth only. This is an ongoing project originating in the fall of 1991. The stations are placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report ( http: //lighthouse.tamucc.edu /salrel) produced by DNR and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow — CBI will monitor the salinity and water levels of five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay. City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. The University of Texas Marine Science Institute at Port Aransas (UTMSI), Harte Research Institute for Gulf of Mexico Studies (HRI), and the Center for Coastal Studies (CCS) are presently conducting long -term ecological studies of the effects of this diversion. Page 1 of 4 KtEnWnoenrg DataExthangeIVELMAPIWATERI1443 RINCON BAYOU DIVERSION1201 2 -201 3 NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORINGICONTRACT FOR SERVICES ccnrad blucher institute doe Nueces Bay Tidal and Meteorological Station — The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal /meteorological station (011) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with a new tidal monitoring platform (185) just across the bay, near the mouth of the Nueces River. CBI will use precise water level measurements from this station as a reference for work by the others in the various projects in the bay, river, and delta. Station Service And Maintenance — CBI will exchange freshly calibrated Hydrolab units with units on the station as required every two to three weeks. CBI will provide post - calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality datasonde, a radio, modem, and 12 volt solar power system. CBI may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab datasondes. The maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards. Data Collection — CBI will program a computer to poll each station every six minutes. Five measurements will be obtained from each instrument, which are then averaged. CBI will place the hourly averages into the database and be reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http: //www.nueces- ra.org /CP /CITY /passthru/index.php). Monthly salinity levels in relation to the Upper and Lower Salinity bounds is found at http: / /lighthouse.tamucc.edu /salrel, which is used to determine if the City may take credit from freshwater release from the storage facilities. Instrument Calibration — CBI will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company. CBI will use calibration and post - calibration methods established by the manufacturer of Hydrolab. All calibration and post- calibration records are available on the DNR website, http : / /lighthouse.tamucc.edu /calib. CBI will maintain an instrument maintenance agreement with a qualified instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of the instrument will be covered under the warranty agreement and replaced as needed. Collaborative Monitoring — CBI will provide data to support those research efforts currently being done by others. The continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by the Center for Coastal Studies (CCS), University of Texas Marine Science Institute at Port Aransas (UTMSI), Harte Research Institute (HRI), Corps of Engineers (COE), Coastal Bend Bays and Estuaries Program (CBBEP), United States Geological Survey (USGS) and the City. B. RESEARCH PLAN AND METHODS — The specific research plan and methods are set forth in the Research Contract Proposal incorporated as Exhibit "A" of this contract. C. ORDER OF SERVICES — The monitoring period will be for 12 months, from October 1, 2012 through September 30, 2013. III. FEES AUTHORIZED — The City will pay CBI a fixed fee not to exceed $93,062 for providing all services for 2012 -2013. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered. All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the budget attached as Exhibit "B ". Invoices will be sequentially numbered for each project, state the project name (Rincon Bayou Diversion Proiect— Nueces Bay and River Salinity and Freshwater Inflow Monitoring 2012 -2013? and City project number (8443). The letter shall state the number of the current invoice, the total authorized fee, the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of $3.500 will be retained until delivery of the final report. Page 2 of 4 K Engineenng DataExchangeWELMAPIWATER%3443 RINCON BAYOU DIVERS ON12012 -2013 NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORINGICONTRACT FOR SERVICES conrad blucher instituto.doc Exhibit "A" contains a detailed breakdown of the project budget for 2012 -2013. Budget Summary FEES 2012 -2013 Salaries & Benefits $49,376.00 Equipment/Maintenance 16,850.00 Travel Pool 5,424.00 Computer Supplies 2,800.00 18.612.00 Indirect Total $93,062.00 IV. TERMINATION OF CONTRACT — The City may, at any time, with or without cause, terminate this contract upon 30 days written notice to CBI at the addresses specified below. If termination occurs prior to the final completion of all work contemplated by this contract, DNR shall be paid for all reasonable costs incurred or contractually committed to be expended as of the effective termination date, including salaries of appointees for the remainder of their appointment. The foregoing shall not be construed to require the City to compensate CBI for any services not performed in a proper, professional manner. V. NOTICE ADDRESS - Correspondence conceming this contract shall be sent to the City and CBI as follows: City: Daniel Biles, P. E., Director of Engineering Services City of Corpus Christi Department of Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 (361) 826 -3500 office (361) 826 -3501 fax CBI: Larry Lloyd, Research Specialist II Conrad Blucher Institute for Surveying and Science Texas A & M University — Corpus Christi NRC, Suite 3406 6300 Ocean Drive Corpus Christi, TX 78412 (361) 438 -6594 mobile (361) 825 -5759 office Iarry.Iloyd @tamucc.edu VI. 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. VII. ASSIGNABILITY — CBI will not assign, transfer or delegate any of its obligations or duties under this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of CBI. No part of CBI's fee may be assigned in advance of receipt by CBI without written consent of the City. The City shall 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. VIII. DISCLOSURE OF INTEREST — In compliance with City of Corpus Christi Ordinance No. 17112, CBI agrees to complete the City of Corpus Christi Disclosure of Interests form attached. Page 3 of 4 K'Enwnoonng DataExdtangeWELMAPIWATERI8443 RINCON BAYOU DIVERSION12012.2013 NUECES BAY AND RIVER SALINITY AND FRESHWATER INFLOW MONITORINGtCONTRACT FOR SERVICES Conrad blucher in$ tutu doc CITY OF CORPUS CHRISTI Oscar Martinez Assistant City Manager RECOMMENDED /0"-- Daniel Fei, P. E. Dir ctor of Services Gus avo onzalez, P zmo Director of Water R-z- ources APPROVED AS TO FORM Date Date Date Assistant City Attorney Date Office of Management and Budget Date ATTEST City Secretary Date TEXAS A&M UNIVERSITY-CORPUS CHRISTI Project No. 8443 Fund Source No. 530000-4010-30220 Water Operating (4) 43 13c 1.1 4 Lloyd, rch Specialist 11 Date Principal nvestigator Conrad Blucher Institute for Surveying and Science Texas A & M University - Corpus Christi NRC, Suite 3406 6300 Ocean Drive Corpus Christi, TX 78412 (361) 825-5759 Office larry.11oyd amucc.edu // /-/2 is CifuenteS Date ociate Vp Research & Dean of Graduate Studies KIEngineering DataExchangalVELMAPIWATERZ443 RINCON BAYOU DIVERSIONI2G12-2013 NUECES BAY AND RIVER SALIN SERVICES =mad blucher institute (lac Page 4 of 4 AND FRESHWATER INFLOW MONITORING1CONTRACT FOR Mr. Daniel Biles, P. E., Director of Engineering Services City of Corpus Christi Department of Engineering Services 1201 Leopard Street, 3`d Floor Corpus Christi, TX 78401 Dear Mr. Biles: 14 August, 2012 The statements of work covered herein are submitted to the City of Corpus Christi for consideration. These statements will constitute a fee for services rendered by the Conrad Blucher Institute for Surveying and Science at Texas A &M University - Corpus Christi (TAMUCC). Included is an outline of our scope of work and budget to continue the ongoing salinity monitoring efforts in the Nueces Estuary. PROPOSED SCOPE OF WORK FOR NUECES BAY and RIVER SALINITY AND FRESHWATER INFLOW MONITORING: 2012 -2013 Summary Three salinity monitoring stations in the Nueces River and Bay will be covered under this agreement. Station service includes exchange of Hydrolab® instruments with a freshly calibrated unit. In order to reduce costs, station service frequency will be based on observed marine growth fouling the instruments; for example, every 2 weeks when warmer bay waters foster excessive marine growth and every 3 weeks when water temperatures are cooler. All salinity monitoring stations will report salinity and water temperature. Stations SALT01 and SALT03 will also report dissolved oxygen, pH, and water depth. All data will be available in graphical and tabular format on the Conrad Blucher Institute website ( http: // lighthouse.tamucc.edu /Salinity) within one hour of the time data were collected. This proposal covers a period of 1 year. Research Objectives The Conrad Blucher Institute for Surveying and Science (CBI) at TAMUCC has been operating and maintaining salinity monitoring equipment in the Nueces Estuary for the City of Corpus Christi since November 1991, trying to help understand the effects of freshwater inflows on salinity into the Nueces system. Additional funding from the Coastal Bend Bays and Estuaries Program (CBBEP) will ensure that comprehensive spatial coverage of the Nueces Estuary continues. This proposal is for a continuation of the current monitoring effort in support of salinity conditions in Nueces Bay and river. The data collected will be used to help the City of Corpus Christi water supply managers determine quantities of fresh water required by the amended Agreed Order between the City and the State of Texas. Other benefits of the data collection include collaboration with other researchers in the delta, namely, The Center for EXHIBIT "A" Page 1 of 4 Coastal Studies (CCS) and Harte Research Institute for Gulf of Mexico Studies (HRI) at TAMUCC, the University of Texas Marine Science Institute at Port Aransas (UTMSI), and the U.S. Army Corps of Engineers (COE; Fort Worth District). Nueces Bay Salinity Monitoring — Freshwater Inflow This is an ongoing project originating in the fall of 1991. Nueces Bay salinity monitoring by CBI consists of 2 monitoring platforms in the bay: one near Whites Point (SALT03) and the other mid bay, near the CPL power lines (SALT01); plus one station in the Nueces River (SALT05). In addition, with support from CBBEP, CBI will continue to maintain SALT08, at the mouth of the Rincon Bayou, which was, until recently, sponsored by the City. Parameters measured at stations SALT01 and SALT03 include salinity, conductivity, dissolved oxygen, water temperature, water depth, and pH. The SALTO5 station will include salinity, water temperature, and water depth only. The stations are located in such a manner to track fresh water inflows into Nueces Bay using salinity levels as the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report ( http: / /lighthouse.tamucc.edu/salrel) produced by DNR and the Nueces River Authority (NRA) shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow The City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. UTMSI, HRI, and CCS are presently conducting long -term ecological studies of the effects of this diversion. Five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay have been established to determine the fate of freshwater diversions from the pipeline. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operated a tidal/meteorological station (011) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of 2010 with a new tidal monitoring platform (185) just across the bay, near the mouth of the Nueces River. Although not an official TCOON station, all maintenance and operation of the tidal station will follow TCOON protocols. Precise water level measurements from this station are used as a reference for work by the others in the various projects in the bay, river, and delta. The initial installation and maintenance was funded by the CBBEP. Funding for continuing maintenance of this station is currently being sought. EXHIBIT "A" Page 2 of 4 Station Service and Maintenance All salinity and dissolved oxygen stations consist of a Hydrolab(' water quality sonde, a radio, modem, and 12 volt solar power system. Freshly calibrated units are exchanged with units on the station every 2 to 3 weeks, depending on the degree of observed marine fouling on the instruments. The Hydrolabs') are taken back to CBI for post calibration and preparation for future service. An annual maintenance agreement with HydrotechZS of Austin, Texas, ensures the reliability of the Hydrolab© units. Covered under this agreement are all components of the Hydrolab®, ensuring that the instruments deployed are as good as, or better, than factory standards. The factory warranty for all Hydrolab® datasondes have expired; therefore, all datasondes will be placed under the annual service agreement to ensure continual data collection at all stations. Data Collection A computer program, written by staff at CBI, polls each station every six minutes. Five measurements are requested from each instrument, these five are then averaged. The hourly averages are then placed into the database and reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http: / /www.nueces- ra.org/CP /CITY /passthru/index.php). Monthly salinity levels in relation to the Upper and Lower Salinity bounds are found at http: / /lighthouse.tamucc.edu/salrel, and are used to help determine if the City may take credits to offset scheduled freshwater releases from the storage impounds. Instrument Calibration All calibration standards used are NIST traceable, and purchased from HydrotechZS. Calibration and post - calibration methods used are those established by the manufacturer of Hydrolab °. All calibration and post - calibration records are available on the DNR website, http : //lighthouse.tamucc.edu/calib. An instrument maintenance agreement with HydrotechZS is used with each Hydrolab °. Each unit is sent to the manufacturer annually for inspection and refurbishment. All components of the instrument are covered under the warranty agreement and they are replaced as needed. Collaborative Monitoring This proposed continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by CCS, UTMSI, HRI, COE, CBBEP, USGS and the City. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. EXHIBIT "A" Page 3 of 4 Schedule of Work and Fee for Service The Conrad Blucher Institute for Surveying and Science at Texas A &M University — Corpus Christi hereby agrees for the duration of one year (1 October, 2012 through 30 September, 2013) to perform all services necessary to provide water quality monitoring, as described in this proposal. The budget for 1 October, 2012 through 30 September, 2013 is $93,062 and is enclosed with this proposal. EXHIBIT "A" Page 4 of 4 ESTIMATED COSTS FOR OPERATION AND MAINTENANCE OF THREE SALINITY MONITORING STATIONS IN THE NUECES ESTUARY 2012 - 2013 20 August, 2012 A. PERSONNEL Principal Investigator 12,165 Database Management 2,306 Software Engineer / Database Management 1,455 Systems Programmer 1,902 Data Analyst 1,320 Technical Support 10,560 Undergraduate, Field Technician I 2,600 Undergraduate, Field Technician II 2,080 Staff Field Technician 4.782 Subtotal 39,170 Benefits 10,206 TOTAL PERSONNEL S49.376 B. GAUGE SUPPLIES AND MAINTENANCE 6 Hydrolab Units, Maintenance Contract 5,850 Calibration and Lab Supplies 6,000 Miscellaneous Supplies 5.000 TOTAL FIELD SUPPLIES $16,850 C. TRANSPORTATION Boat Truck TOTAL TRANSPORTATION 55,424 D. COMPUTER SUPPLIES Repair Allowance 1,000 IP modem charge 1.800 TOTAL COMPUTER SUPPLIES 52,800 E. INDIRECT (25% MTDC) $18.612 TOTAL 2012 -2013 $93.062 EXHIBIT "B" Page 1 of 1 CiCartyof Chri ti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. Texas A & M University — Corpus Christi COMPANY NAME: Conrad Blucher Institute for Survey and Science P. O. BOX: NRC, Suite 3406 STREET ADDRESS: 6300 Ocean Drive FIRM IS: 1. Corporation 4. Association B CITY: Corpus Christi ZIP: 78412 2. Partnership 5. Other B 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A AGENDA MEMORANDUM for the City Council Meeting of December 18, 2012 DATE: TO: November 27, 2012 Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Director of Engineering Services DanB @cctexas.com (361) 826-3729 Foster Crowell, Director of Wastewater Services FosterC @cctexas.com (361) 826 -1801 UPDATE TO CITY COUNCIL City Wide Effluent Re -Use Master Plan Presentation STAFF PRESENTER(S): Name 1. Daniel Biles, P.E. 2. Foster Crowell OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND : Title /Position Director Director Department Engineering Services Wastewater Title /Position Organization This presentation provides the current status of the City Effluent Reuse Master Plan. A synopsis of the program background, current status, future measures and policy considerations will be given Staff will return early next year with a Resolution seeking Council guidance on policy considerations LIST OF SUPPORTING DOCUMENTS: PowerPoint Council Presentation et ___, 1.t •, 0.4 Gn ;-1 r, 4 Uo p. ci) ;•., : % 00 ;-1 oP?) U- N ad O ,-{ N •r+ U pp O U E V •. 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E sal g-1 ct c • • • • • • AGENDA MEMORANDUM for the City Council Meeting of December 18, 2012 DATE: TO: FROM: December 12, 2012 Ronald L. Olson, City Manager Oscar Martinez, ACM Oscarm(a�cctexas.com 361- 826 -3235 UPDATE TO CITY COUNCIL Briefing on Municipal Management District STAFF PRESENTER(S): Name 1. Oscar Martinez 2. 3. OUTSIDE PRESENTER(S): Title /Position Department Assistant City Manager Public Works and Utilities Name Title /Position Organization 1. 2. 3. BACKGROUND: LIST OF SUPPORTING DOCUMENTS: Kings Crossing MMD Presentation 1. c '2 cTi O o E -0 r_ c O t!) 1 0_ rn cti a) 0 0 i U a) co cu E 44- _C O U 0 > •= -0 O O O C u) a 2 E CU 0 8' .0 0 O > O O O •— o_ _c -0 5 ll- 4 Cii D U O (7) .L> o_ a) .= .5 a) u) — -0 E cn • — Z5- co 92 4-s -a cu O V a) O (T co on CU 8 0 0 .s — c,! • i-1 O � N 0 O O O as O Z ›, fi e . 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