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HomeMy WebLinkAboutAgenda Packet City Council - 07/14/2015Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, July 14, 2015 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., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree 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 Pastor Rick Milby, Abundant Life Fellowship. C. Pledge of Allegiance to the Flag of the United States to be led by Elizabeth Hardin, Executive Assistant - Mayor's Office. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1 15-0727 Proclamation declaring July 17, 2015, "David Music Awards Day" Proclamation declaring July 13-17, 2015, "Texas FFA Week" Proclamation declaring July 2015, "Parks and Recreation Month" Certificate of Commendation presented to the Top 3 Students from the 4th of July Essay Contest Certificate of Commendation to Representatives Todd Hunter & Abel Herrero, Senator Juan "Chuy" Hinojosa, CC Chamber of Commerce, Charlie Zahn and Greg Smith for their involvement with Senate Bill 900, Texas Windstorm Insurance (to be presented at 1:00 PM in conjunction with Agenda Item 12) Corpus Christi Page 1 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 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. 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. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. COMMENDATIONS FOR OUTSTANDING LITIGATION RESULTS b. OTHER H. EXECUTIVE SESSION: (ITEMS 2 - 5) 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. If 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 officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 2. 15-0736 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association and/or Corpus Christi Police Officers' Association. Corpus Christi Page 2 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 3. 15-0685 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation and other legal matters related to Municipal Court, including, but not limited to: Monica Lewis v. City of Corpus Christi, Nora Rodriguez v. City of Corpus Christi, Rene Mendiola, et al v. City of Corpus Christi, et al, Frances Rios v. City of Corpus Christi, et al, Patrick Gonzales v. City of Corpus Christi, et al, and Michael Cantu v. City of Corpus Christi. 4. 15-0686 Executive session pursuant to Section § 551.076 to deliberate the deployment or specific occasions for implementation of security devices, including descriptions of specialized surveillance equipment to be purchased pursuant to Homeland Security FEMA Port Grant. 5. 15-0687 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential claim against City by Groomer's Seafood. I. MINUTES: 6. 15-0730 Regular Meeting of June 23, 2015 Attachments: Minutes - June 23, 2015 J. BOARD & COMMITTEE APPOINTMENTS: 7. 15-0729 Clean City Advisory Committee Commission on Children and Youth Corpus Christi Business and Job Development Corporation (Type A) Mayor's Fitness Council Museum of Science and History Advisory Board Planning Commission Transportation Advisory Committee Attachments: Clean City Advisory Committee.pdf Commission on Children and Youth.pdf Corpus Christi Business and Job Development Corporation.pdf Mayor's Fitness Council.pdf Museum of Science and History Advisory Board.pdf Planning Commission.pdf Transportation Advisory Commission.pdf K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last Corpus Christi Page 3 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 8 - 11) 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. 8. 15-0607 Engineering Contract - Master Services Agreement for Salt Flats Levee Certification, Phase 2 Motion authorizing the City Manager or designee to execute Master Services Agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $650,000 for the Salt Flats Levee System Certification, Phase 2 for a range of professional services related to the Flood Insurance Rate Map. Attachments: Agenda Memo - Master Services Agreement w HDR Prosect Budget - Master Services Agreement w HDR Location Map - Master Services Agreement w HDR.pdf Agreement - Master Services Agreement w HDR Presentation - Master Services Agreement w HDR 9. 15-0546 Amendment No. 1 to Engineering Design Contract for upgrades and repairs to the fire suppression and alarm systems at the Police Department Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with NRG Engineering from Corpus Christi, Texas in the amount of $48,880, for a total restated fee of $55,080, for the Corpus Christi Police Department (CCPD) Building Repair/Replacement project for upgrades and repairs to the fire suppression and alarm systems. Attachments: Agenda Memo - CCPD Building Repair Replacement.docx Project Budget - CCPD Building Repair Replacement.xlsx Location Map - CCPD Building Repair Replacement.pdf Amendment No. 1 - CCPD Building Repair Replacement.pdf Presentation - CCPD Building Repair Replacement.pptx 10. 15-0567 Engineering Construction Contract for Choke Canyon Dam Corpus Christi Page 4 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Spillway Gate Rehabilitation Motion authorizing the City Manager or designee to execute a construction contract with Blastco Texas, Inc. of Houston, Texas in the amount of $2,655,800 for the Choke Canyon Dam Spillway Gate Rehabilitation for the Base Bid plus Additive Alternate No. 1. Attachments: Agenda Memo - Choke Canyon Prosect Budget - Choke Canyon Location Map - Choke Canyon Dam Presentation - Choke Canyon 11. 15-0574 Second Reading Ordinance - ratifying acceptance and appropriating grant funds for the Title XX Meals on Wheels Program Ordinance authorizing the City Manager or designee to execute all documents necessary to ratify acceptance of a $236,228 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the Senior Community Services, Title XX Meals on Wheels Program. Attachments: Agenda Memo - FY 13-14 Title XX Grant Appropriation Ordinance - Title XX Meals on Wheels Grant Appropriation Title XX Contract Title XX Budget Worksheet M. LEGISLATIVE UPDATE: (ITEM 12) This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 12. 15-0720 Legislative Wrap Up Report - 84th Regular Session of the Texas Legislature *This item will be discussed at approximately 1:00 PM* Attachments: Agenda Memo - End of Session Wrap Up 071415 Presentation - 84th Legislature Wrap Up 071415 84R City Legislative Priority Table - Endo of Session 84R TML Legislative Update 060515 N. PUBLIC HEARINGS: (ITEMS 13 - 17) 13. 15-0692 Public Hearing and First Reading Ordinance - Rezoning property located at 674 Flato Road Case No. 0615-02 Orion Drilling Company, LLC: A change of zoning Corpus Christi Page 5 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 from the "IL" Light Industrial District to the "IH" Heavy Indusrial District resulting in a change to the Future Land Use Plan from light industrial to heavy industrial uses. The property is described as being a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to six conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Orion Drilling Company, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Orion Drilling Company, LLC Ordinance - Orion Drilling Company, LLC2 SP Ordinance - Orion Drilling Company, LLC Zoning Report - Orion Drilling Company, LLC Aerial Map - Orion Drilling Company, LLC 14. 15-0693 Public Hearing and First Reading Ordinance - Rezoning property located at 4002 River Walk Drive Case No. 0615-03 Coastal Signature Homes, LLC: A change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal Signature Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 1, River Heights Corpus Christi Page 6 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Subdivision ("Property"), from the "ON" Office District to the "RS -4.5" Single Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Coastal Signature Homes, LLC Ordinance - Coastal Signature Homes, LLC Zoning Report - Coastal Signatures Homes, LLC Aerial Map - Coastal Signature Homes, LLC 15. 15-0694 Public Hearing and First Reading Ordinance - Rezoning property located at 450 Caribbean Drive and 3004 Jamaica Drive Case No. 0615-05 Michael Havelka: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential uses. The property is described as being 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive. Planning Commission and Staff Recommendation (June 17, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), by changing the UDC Zoning Map in reference to 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts ("Property"), from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Michael Havelka Ordinance - Michael Havelka Zoning Report - Michael Havelka Aerial Map - Michael Havelka 16. 15-0695 Public Hearing and First Reading Ordinance - Rezoning property located at 3410 Up River Road Case No. 0615-06 Roman Silguero: A change of zoning from the "RS -6" Corpus Christi Page 7 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial to medium density residential uses. The property is described as being the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive. Planning Commission and Staff Recommendation (June 17, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Roman Silguero ("Owner"), by changing the UDC Zoning Map in reference to the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts ("Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Roman Silquero Ordinance - Roman Silquero Zoning Report - Roman Silquero Aerial Map - Roman Silquero 17. 15-0696 Public Hearing and First Reading Ordinance - Rezoning property located at 3526 Holly Road Case No. 0615-01 N.P. Homes, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Plan from medium density residential uses to commercial uses. The property is described as Lot 8, Block 1, Carroll Place Unit 7, located along the north side of Holly Road and west of Carroll Lane. Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by N.P. Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 8, Block 1, Carroll Place Unit 7 ("Property"), from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and Corpus Christi Page 8 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 publication. Attachments: Agenda Memo - N.P. Homes, LLC Ordinance - N.P. Homes, LLC Zoning Report - N.P. Homes, LLC Aerial Map - N.P. Homes, LLC O. REGULAR AGENDA: (ITEMS 18 - 22) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 18. 15-0570 Second Reading Ordinance - Adopting the City of Corpus Christi's proposed FY2015-2016 Consolidated Annual Action Plan (1st Reading 6/23/15) Ordinance to adopt the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs. To authorize the City Manager or designee to submit the FY2015-2016 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2015-2016 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2015-2016 CAAP with organizations of approved projects. Attachments: Agenda Memo - CAAP 2015 Ordinance - CAAP FY2015 Presentation - Housing and Community Development City Council Amended CDBG Attachment D 2015-2016 Amended ESG Attachment D 2015-2016 Amended HOME Attachment D 2015-2016 19. 15-0595 Second Reading Ordinance - Amending Chapter 55 of the City Code of Ordinances and Drought Contingency Plan regarding extension of Stage 2 best management practices (1st Reading 6/23/15) Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, Water Resource Management, to revise drought contingency triggers for Stage 1 and Stage 2 and drought best management practices; and authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 to reflect changes to Sections 55-152 and 55-153. Corpus Christi Page 9 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Attachments: Agenda Memo - Water Resource Management Ordinance Presentation - Water Resource Management Ordinance 2nd Reading Amended Ordinance (Highlighted) - Water Resource Managermen 2nd Reading Amendment - Full Drought Contingency Plan 7-8-15 20. 15-0639 Appointment of Financial Advisor for Facility Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2015 in an amount not to exceed $2,000,000. Attachments: Agenda Memo - Financial Advisor for Facility CO's Exhibit A - Financial Advisor Fee Schedule 21. 15-0638 Authorization for Certificates of Obligation for Facility Improvements Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. Attachments: Agenda Memo - COs for Facilities Resolution - COs for Facilities NOI (2) 22. 15-0608 Refunding of Nueces River Authority (NRA) Water Supply Facilities Revenue Bonds Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Nueces River Authority Water Supply Facilities Revenue Refunding Bonds, Series 2015; and other matters in connection therewith. Attachments: Agenda Memo - NRA Refunding Bonds Resolution - NRA Refunding Bonds Exhibit A - Financial Advisor Fee Schedule P. FIRST READING ORDINANCES: (ITEMS 23 - 31) 23. 15-0666 First Reading Ordinance - Accepting and appropriating grant funds for the Operation Stonegarden Grant Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $285,951 from Nueces County for funding eligible under the FY2014 Department of Homeland Security Grant Program Operation Stonegarden to reimburse Corpus Christi Page 10 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 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 include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $285,951 in the No. 1061 Police Grants Fund. Attachments: Agenda memo - Operation Stonegarden 07.14.2015 Ordinance - Operation Stonegarden FY14 - 2015 Grant Award - Operation Stonegarden CCPD Allocation - Operation Stonegarden 24. 15-0671 First Reading Ordinance - Approving lease agreement for House of Rock 10 Year Anniversary Event Ordinance authorizing the City Manager or designee to execute a lease agreement with Entertainment Showcase Inc. for House of Rock 10 Year Anniversary event and related activities to be held on July 25, 2015 and allow use of City property including Starr Street between Mesquite Street and Lower Broadway Street. Attachments: Agenda Memo - House of Rock Ordinance - House of Rock Lease Agreeement - House of Rock Traffic Control Plan - House of Rock Map - House of Rock Temporary Street Closure Request - House of Rock 25. 15-0690 First Reading Ordinance - Accepting and appropriating grant funds for the Retired Senior Volunteer Program (RSVP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program. Attachments: Agenda Memo - RSVP FedAward 45434 Ordinance - RSVP FedAward 45434 Notice of Grant Award - RSVP FedAward 45434 26. 15-0691 First Reading Ordinance - Accepting and appropriating grant funds for the Senior Companion Program (SCP) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for Corpus Christi Page 11 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 National and Community Service in the amount of $264,007 for the Senior Companion Program; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. Attachments: Agenda Memo - SCP FedAward 2015 264007 Ordinance - SCP FedAward 2015 264007 Notice of Grant Award - SCP FedAward 2015 264007 27. 15-0667 First Reading Ordinance - Closing a utility easement located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way. Ordinance abandoning and vacating a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. Attachments: Agenda Memo - Brighton Park Ordinance - Brighton Park Aerial Map - Brighton 28. 15-0606 First Reading Ordinance - Appropriating funding and approving a construction contract for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements Ordinance appropriating $307,419.45 of anticipated revenues from the Corpus Christi Independent School District (CCISD) in Fund No. 3530 for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements project; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $307,419.45; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with CCISD for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and authorizing the City Manager or designee to execute a construction contract with Austin Traffic Signal Construction Company of Pflugerville, Texas in the amount of $292,780.43 for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements for the Base Bid only. Corpus Christi Page 12 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Attachments: Agenda Memo - Cimarron Lipes Traffic Signal Imps.docx Prosect Budget - Cimarron Lipes Traffic Signal Imps.xlsx Interlocal Cooperation Agreement - Cimarron Lipes Traffic Signal Imps.pdf Location Map - Cimarron Lipes Traffic Signal Imps Ordinance - Cimarron Lipes Traffic Signal Imps. Presentation - Cimarron Lipes Traffic Signal Imps.pptx 29. 15-0613 First Reading Ordinance - Appropriating funds, approving interlocal agreements and authorizing a construction contract for Community Park Development and Improvements at LaRetama Park Ordinance appropriating $70,000 of anticipated revenues from the Regional Transportation Authority (RTA); appropriating $20,000 of anticipated revenues from the Corpus Christi Downtown Management District (CCDMD) in Fund No. 3280 for the Community Park Development and Improvements at La Retama Park; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $90,000; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the RTA; execute an Interlocal Cooperation Agreement with CCDMD for the Improvements at La Retama Park; and authorizing the City Manager or designee to execute a construction contract with McNamee Landscapes and Nursery, LLC. of Taft, Texas in the amount of $173,590 for the Community Park Development and Improvements at La Retama Parkfor the Base Bid and Additive Alternate 1 (Bond 2012 and Bond 2014). Attachments: Agenda Memo - La Retama Park Construction Ordinance - La Retama Park Construction.docx Prosect Budget - La Retama Park Construction.xlsx Interlocal Agreement with CCRTA.pdf Interlocal Agreement with DMD.pdf Location Map - La Retama Park Construction.pdf Presentation - La Retama Park Construction.pptx 30. 15-0709 First Reading Ordinance - Appropriating funds, authorizing a construction contract, and approving an agreement for South Staples Street from Morgan Avenue to IH 37 (Bond 2012) Ordinance appropriating $771,036 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $6,557,836; authorizing the City Manager, or designee, to execute a construction contract with Berry Corpus Christi Page 13 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Contracting, LP - DBA Bay LTD of Corpus Christi, Texas in the amount of $13,414,114.10 for South Staples Street from Morgan Avenue to IH 37 for the total Base Bid plus deductive alternate 1 and to execute a construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $74,350 for South Staples Street from Morgan Avenue to IH 37 (Bond 2012) Attachments: Agenda Memo South Staples Street Ordinance - Staples Street Testing Agreement - Rock - South Staples Street Prosect Budget - South Staples Street from Morgan Avenue to IH 37 - with forme Location Map - South Staples from Morgan Avenue to IH 37 Interlocal Agreement - RTA - South Staples Street Presentation - South Staples Street 31. 15-0431 First Reading Ordinance - First Amendment Type A Agreement for HEB Grocery Company Located on McCampbell Road Ordinance approving the attached First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery Company, LP ("HEB") which provides an additional $250,000 for the improvement of McCampbell Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $250,000. Attachments: Agenda Memo - HEB Ordinance - HEB Amendement - HEB signed by HEB Q. FUTURE AGENDA ITEMS: (ITEMS 32 - 38) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 32. 15-0594 Purchase of Specialized Equipment Motion authorizing the purchase of specialized equipment for a total amount of $73,521.16 utilizing funds from the U.S. Homeland Security FEMA for the FY 2013 Port Security Grant Program (PSGP) awarded to the City of Corpus Christi and budgeted in the Police Grant Fund 1061. Attachments: Agenda Memo - Specialized Equipment .docx 33. 15-0680 Purchase of two Wide Area Mowers and two Utility Tractors Corpus Christi Page 14 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Motion approving the purchase of two Wide Area Mowers and two Utility Tractors from Deere and Company, Carey, North Carolina in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $194,008.10. Funds have been budgeted by the Parks and Recreation Department and Utilities Department in FY 2014- 2015. Attachments: Agenda Memo - Mowers and Tractors.docx Price Sheet - Mowers and Tractors.xlsx 34. 15-0681 Supply Agreement for Milk for the Elderly Nutrition Program (ENP) Motion authorizing the City Manager or designee to execute a supply agreement for milk with Hill Country Dairies, Inc., Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-15-3 for an estimated annual expenditure of $50,555.20, of which $8,425.86 is required for the remainder of FY 2014-2015. The terms of the contract shall be for twelve months with options to extend for up to two additional twelve-month period, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. Attachments: Agenda Memo - Milk.doc Bid Tabulation - Milk.xls 35. 15-0699 Resolution of support for the 2018 Texas Recreation and Park Society (TRAPS) Annual Institute Bid Resolution of the City of Corpus Christi, Texas dedicating resources to support the bid for the 2018 Texas Recreation and Park Society Institute and Expo. Attachments: Agenda Memo - TRAPS 2018 Bid Resolution - TRAPS 2018 Bid 36. 15-0712 Resolution to begin annexation of 4.08 acres of land into the territorial limits of the City of Corpus Christi in Industrial District No. 1 Resolution declaring the City's intent to begin annexation of approximately 4.08 acres of land into the territorial limits of the City of Corpus Christi, directing city staff to prepare a service plan for the extension of municipal services to the proposed annexation area, and setting two public hearings on annexation. Corpus Christi Page 15 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Attachments: Agenda Memo - Annexation Ind 1 Resolution -Annexation Ind 1 Annexation Schedule - Annexation Ind 1 Presentation - Annexation Ind 1 37. 15-0726 Interlocal Agreement for the County Road 52 Extension Phase 2 project Motion authorizing the City Manager, or designee, to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County in an amount up to $2,000,000 for the County Road 52 Extension Phase 2 project for project -related activities. (Bond 2012) Attachments: Agenda Memo - County Road 52 Interlocal Agreement - County Road 52 Location Map - County Road 52 Extension CR to FM 1889 Presentation - Interlocal County Road 52 38. 15-0437 Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) and authorizing an agreement with the CCCVB regarding the use of Convention Events Funds Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) pursuant to Texas Tax Code Section 351.101 and authorizing the City Manager or designee to execute an agreement with the Corpus Christi Convention & Visitors Bureau regarding the use of Convention Events Funds. Attachments: Agenda Memo - CCCVB Resolution - Convention Visitors Bureau.docx Agreement - Convention Visitors Bureau.docx Budget - Convention Visitors Bureau.pdf R. BRIEFINGS: (ITEMS 39 - 40) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 39. 15-0478 Funding Options (Part 2) for Residential/Local Street Reconstruction Plan Attachments: Agenda Memo - Update2on Funding Options for Residential Local Street REco Residential Reconstruction - Finance Resources 071415.pptx 40. 15-0749 Fire Station #18 - Operational Staffing Corpus Christi Page 16 Printed on 7/13/2015 City Council Meeting Agenda - Final July 14, 2015 Attachments: Agenda Memo - Staffing Fire Station 18 Presentation - Staffing Fire Station 18 Informal Staff Report - Staffing Fire Station 18 (2) Map - Station Responses 2014 S. ADJOURNMENT Corpus Christi Page 17 Printed on 7/13/2015 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, June 23, 2015 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Rabbi Emeritus, Kenneth D. Roseman, Congregation Beth Israel. Rabbi Emeritus Kenneth D. Roseman gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Constance Sanchez, Director of Finance. Director of Financial Services Constance Sanchez led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called to roll and verified that a quorum of the Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 1 - Council Member Colleen McIntyre E. Proclamations / Commendations 1. Proclamation declaring July 2-5, 2015, "38th Annual Mayor's Big Bang July 4th Weekend" Proclamation declaring "Casual, No Tie Zone in Corpus Christi" now through Labor Day, September 7, 2015 Certificate of Commendation Presented to Melvyn N. Klein Mayor Martinez presented the proclamations and a Certificate of Corpus Christi Page 1 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 Commendation to Melvyn N. Klein. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Olson reported on the following topics: a. OTHER 1) The City Employees' Annual Motorcycle Run will be held this Saturday, June 27th beginning at 8:00 a.m. in the City Hall parking lot. The motorcycle run will be escorted by the Corpus Christi Police Department and this year's event is in honor of late Police Chief Floyd Simpson. 2) Mr. Olson recognized Interim Director of Parks and Recreation Stacie Talbert Anaya as the City's "Fun Officer" and reported that Corpus Christi was recognized with a 2015 Playful City USA designation. 3) The Summer Reading Program is currently taking place at the libraries until July 18th. 4) The Public Information Office was recognized at the Texas Association of Municipal Information Officers annual meeting and received an "Award for Excellence" honor for promotional materials used in the "Leave It Better Than You Found It" campaign. I. MINUTES: 4. Regular Meeting of June 16, 2015 Mayor Martinez referred to approval of the minutes. Council Member Rudy Garza made a motion to approve the minutes, seconded by Council Member Chad Magill and passed unanimously. J. BOARD & COMMITTEE APPOINTMENTS: 5. Advisory Committee on Community Pride Civil Service Commission Civil Service Board Ethics Commission Human Relations Commission Mayor Martinez referred to board and committee appointments. The following appointments were made: Advisory Committee on Community Pride Mayor Martinez made a motion to recommend the new appointments of Debbie L. Brackett Grimaldi and Karla Dowden, seconded by Council Member Riojas and passed unanimously. Civil Service Commission Council Member Scott made a motion to confirm City Manager Olson's recommendation to appoint Tammy F. McDonald, seconded by Council Member Magill and passed unanimously. Civil Service Board Corpus Christi Page 2 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 Council Member Magill made a motion to appoint Tammy F. McDonald, seconded by Council Member Scott and passed unanimously. Ethics Commission Council Member Scott made a motion to appoint Drue Jones, seconded by Council Member Magill and passed unanimously. Human Relations Commission Mayor Martinez made a motion to reappoint William "Mickey" Kramer Jr. (Rental Dwellings) and Saherish Surani (Youth), seconded by Council Member Scott and passed unanimously. Mayor Martinez made a motion to recommend the new appointments of April Denine Bassett (Regular), Robert A. Bonilla (Youth), Melody T. Guerrero (Youth), Nora G. Mireles (Rental Dwellings), and Dr. Roy E. Stock (Regular), seconded by Council Member Garza and passed unanimously. Mayor Martinez made a motion to designate William "Mickey" Kramer Jr. as Chair of the Commission to a one-year term ending 6-14-16, seconded by Council Member Garza and passed unanimously. K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 6 - 15) Approval of the Consent Agenda 8. Mayor Martinez referred to the Consent Agenda. There were no comments from the public. City Secretary Huerta stated that staff is requesting to pull Items 6 and 7 for individual consideration. City Secretary Huerta announced that Council Member Scott would be abstaining from Items 11 and 14. Council Member Rubio voiced that she would be voting "No" on Item 14 and Mayor Martinez pulled Item 14 for individual consideration. Council Member Vaughn requested that Item 11 be pulled for individual consideration. Council Member Garza made a motion to approve the remaining consent agenda items, seconded by Council Member Magill. The motion was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Engineering Construction Contract for City -Wide Lift Station Repairs Section 4 and Lift Station Odor Control located at Whitecap Boulevard and Park Road 22 Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $196,000 for the City -Wide Lift Station Repairs Corpus Christi Page 3 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 Section 4 Lift Station Odor Control for the total Base Bid. This Motion was passed on the Consent Agenda. Enactment No: M2015-070 9. Second Reading Ordinance - Rezoning property located at 3602, 3606, 3610, and 3614 Laguna Shores Road (1st Reading 6/16/15) Case No. 0515-03 Kapavik Builders, Inc: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as Lots 1, 2, 17 and 18, Block 10, Laguna Vista Shores, located along the west side of Laguna Shores Road between Courtland Drive and Riviera Drive. Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Kapavik Builders, Inc. ("Owner"), by changing the UDC Zoning Map in reference to Lots 1, 2, 17 and 18, Block 10, Laguna Vista Shores, from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030536 10. Second Reading Ordinance - Rezoning property located at 14, 15, 16, and 17 Country Club Place (1st Reading 6/16/15) Case No. 0515-04 Magellan Terminals Holdings, L.P.: A change of zoning from the "RS -6" Single -Family 6 District to the "ON" Office District, resulting in a change to the Future Land Use Plan from low density residential uses to professional office uses. The property is described as Lots 14, 15, 16, and 17, Country Club Place, located on the north side of Interstate Highway 37 Access Road, south of Tribble Lane and west of Poth Lane. Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to "ON" Office District. Ordinance: Corpus Christi Page 4 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 Ordinance amending the Unified Development Code ("UDC"), upon application by Magellan Terminals Holdings, L.P. ("Owner"), by changing the UDC Zoning Map in reference to Lots 14, 15, 16, and 17, Country Club Place, from the "RS -6" Single -Family 6 District to the "ON" Office District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030537 12. Second Reading Ordinance - Appropriating funds for the Summer Food Service Program (1st Reading 6/16/15) Ordinance appropriating a $150,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants fund to operate a Summer Food Service Program for Summer Recreation participants ages one to eighteen. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030539 13. Second Reading Ordinance - Amending the Budget for the 1115 Waiver Program (1st Reading 6/16/15) 15. Ordinance amending the FY2014-2015 operating budget adopted by Ordinance No. 030294 by reducing revenues and expenditures by $1,291,492 for the 1115 Waiver Program in the General Fund No. 1020; and any remaining excess funds will be placed in a Special Revenue account created for the 1115 Waiver in FY 2015-2016. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030540 Second Reading Ordinance - Appropriating funds for six (6) hybrid sedans and one (1) Tight and air truck for the Fire Department (1st Reading 6/16/15) Ordinance appropriating $507,190 from the unreserved fund balance in the No. 1020 General Fund for the purchase of six Ford Fusion hybrid sedans and one light and air truck; amending the FY2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase expenditures by $507,190; approving the purchase of the six sedans from Caldwell Country Chevrolet, of Caldwell, Texas, and the purchase of the light and air truck from Siddons-Martin Emergency Group, of Denton, Texas, each purchase based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative, for a total amount of $507,190. Corpus Christi Page 5 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030542 11. Second Reading Ordinance - Rezoning property located at 309, 311 and 341 South Shoreline Boulevard (1st Reading 6/16/15) Case No. 0515-05 Bayfront Medical Plaza, L.P.: A change of zoning from the "CR -1" Resort Commercial to the "Cl" Intensive Commercial District, not resulting in a change to the Future Land Use Plan. The property to be rezoned is described as being a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, located along the west side of Shoreline Boulevard between Kinney Street and Born Street. Planning Commission and Staff Recommendation (May 20, 2015): Approval of the change of zoning from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Bayfront Medical Plaza, L.P. ("Owner"), by changing the UDC Zoning Map in reference to a 0.98 acre tract of land out of a portion of Lots 1 through 11, Jones Shoreline Business Lots, a portion of Share 7, Tract B, W.S. Harney Tract, a portion of lands reclaimed by the Bay Front Protection Work, and a portion of Lot 1, Water Block 3, Central Wharf & Warehouse Co.'s Subdivision, from the "CR -1" Resort Commercial District to the "Cl" Intensive Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to item 11. In response to Council Member Vaughn, Director of Development Services Dan Grimsbo stated that the the property was sold last week to Shoreline Hospitality L.P., for the development of a hotel. Council Member Scott abstained from the vote on this item. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on second reading and approved with the following vote: Aye: 7 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 1 - Council Member Scott Enactment No: 030538 Corpus Christi Page 6 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 14. Second Reading Ordinance - Appropriating Funds to Cover Cost for Early Completion of Area Development Plan (1st Reading 6/16/15) Ordinance appropriating a total of $293,472 from the unreserved fund balance in the No. 1020 General Fund for costs related to early completion of the Downtown Area Development Plan, which is currently ahead of original schedule; and changing the FY 2014-2015 operating budget adopted by Ordinance No. 030294 by increasing expenditures by $293,472. Mayor Martinez referred to Item 14. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Vaughn. Council Member Scott abstained from the vote on this item. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rosas and Council Member Vaughn Nay: 1 - Council Member Rubio Absent: 1 - Council Member McIntyre Abstained: 1 - Council Member Scott Enactment No: 030541 6. Service Agreements for Mowing of Parks, Rights-of-way, Medians, and Wastewater Treatment Plants Resolution finding the lowest responsible bidder for mowing services by grouped acreage in response to Bid Event No. 12; awarding a service agreement to the lowest responsible bidder for each acreage group; and authorizing the City Manager or designee to execute a service agreement with the lowest responsible bidder for each acreage group. Maldonado Nursery & Landscape, Inc. Tuff Cut Lawn & Landscape San Antonio, TX $77,854.09 Total: $166,024.08 Corpus Christi, TX $88,169.99 Mayor Martinez referred to Item 6. Senior Buyer Elisa Covington stated that staff requested this item be pulled for individual consideration to provide the City Council with a memo reflecting a correction to the financial impact statement. Council Member Magill made a motion to approve the correction, seconded by Council Member Garza and passed unanimously. Council Member Magill made a motion to approve the resolution, seconded by Council Member Riojas. This Resolution was passed with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 7 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 030534 7. Grant Application and Interlocal Agreement for the Edward Byrne Memorial Justice Grant (JAG) Program FY 2015 Local Solicitation Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $168,613 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2015 Local Solicitation with 50% of the funds to be distributed to Nueces County under the Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2015 Local Solicitation. Mayor Martinez referred to Item 7. Interim Police Chief Mike Markle requested that this item be amended to reduce the amount of the Justice Assistance Grant (JAG) from $168,613 to $149,112. Council Member Scott made a motion to amend the resolution as stated, seconded by Council Member Riojas. Council Member Riojas made a motion to approve the resolution as amended, seconded by Council Member Rosas. This Resolution was passed as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: 030535 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. Mayor Martinez deviated from the agenda and referred to comments from the public. Abel Alonzo, Nueces County I Believe in Me Foundation, spoke regarding donations made by the Foundation's Board of Trustees and members of the community to support Special Olympics. Shirley Thornton, spoke regarding the use of certificates of obligation to fund the Citizens Collection Center in Flour Bluff/Padre Island. M. PUBLIC HEARINGS: (ITEM 16) Corpus Christi Page 8 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 16. Public Hearing and First Reading Ordinance - Adopting the City of Corpus Christi's proposed FY2015-2016 Consolidated Annual Action Plan Ordinance to adopt the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs. To authorize the City Manager or designee to submit the FY2015-2016 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2015-2016 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2015-2016 CAAP with organizations of approved projects. Mayor Martinez referred to Item 16. Community Development Administrator Rudy Bentancourt stated that the purpose of this item is to hold the public hearing and first reading ordinance to adopt the 2015-2016 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Partnerships (HOME) Programs. Mr. Bentancourt provided an overview of staff's recommendations. Mayor Martinez called from comments from public. Mary E. Wambach thanked the City Council for the opportunity to speak and spoke in support of staff's recommendation. Ms. Wambach stated that the City works hard to make sure the needs of the community are addressed, however, there is never enough funding. Ms. Wambach suggested using routine revenues and excess funds to make the City more accessible. Linda Falwell Stover requested consideration to fund CDBG-Coastal Bend Center for Independent Living to provide wheelchair ramps and accessible home modifications to low income people with disabilities. Ms. Stover expressed concern with the disparity between recommendations to fund city programs versus non-profit organizations. Abel Alonzo spoke in support of staff's recommendations and the evaluation process used to determine those recommendations. Judy Telge said she was disappointed that staff was not recommending CDBG-Coastal Bend Center for Independent Living to receive funding. Ms. Telge spoke regarding: FY2013 CDBG funding currently held for the Engineering Department; that future funding shift from administration to non-profit organizations; funding administration programs through the General Fund; and the funding recommendation for CDBG-Land Acquisition and/or Homeless Facility Rehabilitation. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics: the guidelines for allocating funding for administration; consideration to reduce Housing and Community Development Administration Programs to fund the Coastal Bend Center for Independent Living; whether non-profit entities can provide cheaper services than in-house programs; how diminishing administration funds would impact City programs or impact the General Fund; how other cities address in-house programs; details regarding the Engineering Department currently holding $635,851.60 in FY2013 CDBG funding; plans for the land acquisition proposed funding; consideration to reduce land acquisition funding to fund Corpus Christi Page 9 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 the Coastal Bend Center for Independent Living; and a strategic look at administration costs. Council Member Scott made a motion to reduce the funding from CDBG-Land Acquisition and/or Homeless Facility Rehabilitation by $100,000 to fund CDBG-Coastal Bend Center of Independent Living in the amount of $100,000, seconded by Council Member Magill and passed unanimously. Council Member Scott made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 17 - 18) 17. First Reading Ordinance - Accepting and appropriating grant funds for the Title XX Meals on Wheels Program Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $236,228 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the Senior Community Services, Title XX Meals on Wheels Program. Mayor Martinez referred to Item 17. Interim Director of Parks and Recreation Stacie Talbert stated that the purpose of this item is to accept a grant for the Title XX Meals on Wheels Program. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 18. First Reading Ordinance - Sale of Seven Surplus City Properties Ordinance declaring seven properties listed in the attached "Exhibit A - List of Surplus Property to be Sold" as surplus property, all of which are small in acreage; authorizing the sale of each to the public by sealed bid with minimum bid requirements; and authorizing the City Manager or designee to execute the deeds and any related documents necessary to complete the sales and convey the properties. Corpus Christi Page 10 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 Mayor Martinez referred to Item 18. Director of Facilities & Property Maintenance Carlos Gonzalez stated that the purpose of this item is to declare seven (7) properties as surplus property and to approve their sale. Mr. Gonzalez provided details for each property including: location, legal description, zoning, dimensions, estimated market value and minimum bid. Mr. Gonzalez reported on additional surplus properties, that will be presented for future consideration, and the fifteen City parks that will be sold by the Parks and Recreation Department. Council Member Rubio called for comments from the public. John Kelley provided alternative options for divesting of City properties. Council members spoke on the following topics: the bidding process and timetable; a policy regarding the professional appraiser being restricted from bidding on properties; how the appraiser for the parks was selected; estimated total property value; properties earmarked for affordable housing; ways to incentivize affordable housing and infill development; development of an overlay district; what other communities are doing; the multifamily zoning on the smaller lots; proceeds from the sale of park properties to go back to the park system; how the minimum bids for the subject properties were determined; an upcoming meeting of a joint task force created by the Corpus Christi Association of Realtors to discuss viable options for the City to consider for City -owned lots; options for the properties that do not sell; and the revenues received from the sale of properties to be used to offset deferred maintenance projects. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Q. BRIEFINGS: (ITEM 26) 26. Golf Course Annual Update Mayor Martinez deviated from the agenda and referred to Item 26. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to provide the annual update on golf course operations. Ms. Anaya introduced the Foresight Golf LLC representatives: President Dan Pedrotti, Chief Operating Officer Ed Miller; Director of Golf Operations Michael Wyland; and Manager Peter Palacios. Ms. Anaya provided information on the lease agreement timeline; the totals for rounds of golf; a financial review; customer satisfaction ratings; facility improvements made at the Oso and Lozano Golf Courses; projected goals for 2015; and long-term goals. Council members spoke regarding the following topics: the decrease in rounds of golf; the weather challenges; working with the Convention and Visitors Bureau to increase rounds of golf; the green fees surcharge; and upgrades at the golf courses. H. EXECUTIVE SESSION: (ITEMS 2 - 3) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Corpus Christi Page 11 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 2. 3. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association and/or Corpus Christi Police Officers' Association. The E -Session Item was discussed in executive session. Executive session pursuant to Section 551.074 of the Texas Government Code, to deliberate the evaluation of the City Manager, with possible discussion and action in open session. Mayor Martinez referred to Item 3 and the following motion was considered: Motion to increase the City Manager's base salary by 2.5%, retroactive to the first pay period after his anniversary date in May. Council Member Scott made a motion to approve the motion, seconded by Council Member Magill. The Motion was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 Enactment No: M2015-069 O. FIRST READING ORDINANCES: (ITEM 19) 19. First Reading Ordinance - Amending Chapter 55 of the City Code of Ordinances and Drought Contingency Plan regarding extension of Stage 2 best management practices Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, Water Resource Management, to revise drought contingency triggers for Stage 1 and Stage 2 and drought best management practices; and authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 to reflect changes to Sections 55-152 and 55-153. Mayor Martinez referred to Item 19. Assistant Director of Environmental and Strategic Initiative Dan McGinn stated that the purpose of this item is to continue building on the success of water conservation efforts and amend the drought contingency triggers for Stages 1 and 2. The amendment also includes removing the following drought measures during Stages 1-3: car washing, pool filling/refilling, decorative fountains and power washing. Mr. McGinn said staff will be reviewing the Drought Contingency Plan in the fall once the Mary Rhodes Pipeline Phase 2 in on-line. Council members spoke regarding: changes to the trigger points and continued water conservation. Council Corpus Christi Page 12 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 Member Magill made a motion to amend the Drought Contingency Plan, Section 7, Definitions, to add a definition on reservior capacity, seconded by Council Member Garza and passed unanimously. Council Member Scott made a motion to approve the ordinance as amended, seconded by Council Member Garza. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 20 - 25) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had planned presentations on Items 21, 23, and 25. A council member requested information on Items 20, 21 and 27. 20. Appointment of Financial Advisor for Facility Certificates of Obligation Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2015 in an amount not to exceed $2,000,000. This Motion was recommended to the consent agenda. 21. Authorization for Certificates of Obligation for Facility Improvements Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. Director of Facilities Carlos Gonzales provided a briefing on facilities and property management during the discussion of this item. Council Member Magill made a motion directing the City Manager to include, in the Facilities and Property Services Improvement Plan, an emphasis that senior centers are a top priority, seconded by Council Member Vaughn and passed unanimously. This Resolution was recommended to the consent agenda. 22. Refunding of Nueces River Authority (NRA) Water Supply Facilities Revenue Bonds Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Nueces River Authority Water Supply Facilities Revenue Refunding Bonds, Series Corpus Christi Page 13 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 2015; and other matters in connection therewith. This Resolution was recommended to the consent agenda. 23. Engineering Contract - Master Services Agreement for Salt Flats Levee Certification, Phase 2 Motion authorizing the City Manager or designee to execute Master Services Agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $650,000 for the Certification, Phase 2 for a the Flood Insurance Rate Map. range Salt Flats Levee System of professional This Motion was recommended to the consent agenda. services related to 24. Amendment No. 1 to Engineering Design Contract for upgrades and repairs to the fire suppression and alarm systems at the Police Department Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with NRG Engineering from Corpus Christi, Texas in the amount of $48,880, for a total restated fee of $55,080, for the Corpus Christi Police Department (CCPD) Building Repair/Replacement project for upgrades and repairs to the fire suppression and alarm systems. This Motion was recommended to the consent agenda. 25. Engineering Construction Contract for Choke Canyon Dam Spillway Gate Rehabilitation Motion authorizing the City Manager or designee to execute a construction contract with Blastco Texas, Inc. of Houston, Texas in the amount of $2,655,800 for the Choke Canyon Dam Spillway Gate Rehabilitation for the Base Bid plus Additive Alternate No. 1. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (ITEMS 27 - 28) 27. Facilities and Property Management Update This Presentation was provided during the discussion on Future Agenda Item 21. 28. Solid Waste Operations Anti -Litter Education Program Mayor Martinez referred to Item 28. Director of Solid Waste Operations Lawrence Mikolajczyk stated that the purpose of this item is to provide an update on the Anti -Litter Education Program. Mr. Mikolajczyk presented: the timeline of the anti -litter program; the campaign costs breakdown; the Corpus Christi Page 14 Printed on 7/7/2015 City Council Meeting Minutes June 23, 2015 participating partners; campaign impacts on trash counts; post -awareness results; what was learned; and next steps. Council Members spoke regarding the following topics: the progress made through education; the funding allocated for education; inclusion of the retailer partners in this program; heavy brush pickup; the cost to residents to pick up construction materials, neighborhood cleanup; the maximum fines for littering; and plastic bags. R. LEGISLATIVE UPDATE: S. ADJOURNMENT None. The meeting was adjourned at 7:06 p.m. Corpus Christi Page 15 Printed on 7/7/2015 City Of Corpus Christi CLEAN CITY ADVISORY COMMITTEE BOARD DETAILS OVERVIEW As, SIZE 11 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years ip1 Celina Ybarbo Pulcher filba-Q (361) 826-1655 CONTACT celina@cctexas.com The Clean City Advisory Committee advises the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. �q DETAILS COMPOSITION The committee shall consist of eleven (11) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school w ithin the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid w aste hauler; one (1) member of the Beautify Corpus Christi Association; and seven (7) community at large representatives. Of the initial members, six (6) members shall serve a tw o -year term and five (5) members shall serve a one-year term, as determined by a draw ing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. The Director of Neighborhood Services or the director's designee and the Director of Environmental Services or the Director's designee shall serve as ex -officio members of the committee w ithout vote. CREATION / AUTHORITY Ordinance No. 027657, 4/15/08, 028599, 5/11/10. MEETS 1st Thursday of every month at 3:00 p.m., Solid Waste Office, 2525 Hygeia, Main Conference Room. TERM DETAILS Two-year staggered terms. DEPARTMENT Solid Waste Services Name MEMBER 83% 5/6 meetings (1 exc.) MEMBER MEMBER 50% 3/6 meetings (2 exc.) MEMBER Clean City Advisory Committee Members July 14, 2015 Five (5) vacancies with terms to 7-8-17 representing the following categories: 1- Beautify Corpus Christi Association member and 4 - Community at Large. Board name Status Cate o Attendance Rate CHELSEA CRAIG LORI GALANGARCIA MICAH DEBENEDETTO CAROLYN MOON CLEAN CITY ADVISORY COMMITTEE SEEKING REAPPOINTMENT DISTRICT 3 PARTIAL 7/8/2015 BEAUTIFY CORPUS CHRISTI ASSOCIATION MEMBER CLEAN CITY ADVISORY COMMITTEE EXCEEDED ABSENCES ALLOWED BY ORD. DISTRICT 5 1 7/8/2015 COMMUNITY AT LARGE CLEAN CITY ADVISORY COMMITTEE SEEKING REAPPOINTMENT DISTRICT4 1 7/8/2015 COMMUNITY AT LARGE CLEAN CITY ADVISORY COMMITTEE NOT SEEKING REAPPOINTMENT DISTRICT 2 1 7/8/2015 COMMUNITY AT LARGE SCOT BARKER CLEAN CITY ADVISORY COMMITTEE ACTIVE DISTRICT 4 3 7/8/2016 LOCAL CHAMBER OF COMMERCE MEMBER CHAIR BETH BECERRA CLEAN CITY ADVISORY COMMITTEE ACTIVE DISTRICT2 1 7/8/2016 COMMUNITY AT LARGE MEMBER SHANNON GABRIEL CLEAN CITY ADVISORY COMMITTEE ACTIVE DISTRICT5 1 7/8/2016 COMMUNITY AT LARGE MEMBER VIC MEDINA CLEAN CITY ADVISORY COMMITTEE ACTIVE DISTRICT 5 1 7/8/2016 COMMERCIAL SOLID WASTE HAULER MEMBER AMANDA STEPHENS CLEAN CITY ADVISORY COMMITTEE ACTIVE DISTRICT4 1 7/8/2016 COMMUNITY AT LARGE MEMBER MARIE ELISE KIMBROUGH CLEAN CITY ADVISORY COMMITTEE ACTIVE DISTRICT 2 1 7/8/2016 EDUCATOR - PRIMARY, SECONDARY OR HIGH SCHOOL WITHIN CITY MEMBER DIRECTOR OF NEIGHBORHOOD SERVICES CLEAN CITY ADVISORY COMMITTEE ACTIVE N/A EX -OFFICIO, NON-VOTING MEMBER DIRECTOR OF ENVIRONMENTAL SERVICES CLEAN CITY ADVISORY COMMITTEE ACTIVE N/A EX -OFFICIO, NON-VOTING MEMBER Clean City Advisory Committee Applicants July 14, 2015 District Address St. Work Phone MI In JEREMY L. COLEMAN DISTRICT 2 BROOKS CHAPEL DEVELOPMENT CENTER, INC. 361-225-2932 COMMUNITY AT LARGE CYNTHIA "CINDY" HINDMAN DISTRICT 3 BEHAVIORAL HEALTH CENTER OF NUECES COUNTY 1620 BROWNLEE CORPUS CHRISTI TX 361-886-1036 COMMUNITY AT LARGE DANIEL R. OWEN DISTRICT 5 GOODWILL INDUSTRIES OF SOUTH TEXAS, INC. 2961 S. PORT CORPUS CHRISTI TX 361-884-4068 COMMUNITY AT LARGE BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Dec 08, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Jeremy L. Prefix First Name Middle Initial Email Address Coleman Last Name Which Boards would you like to apply for? CLEAN CITYADVISORYCOMMITTEE, HOUSING AUTHORITY MAYOR'S FITNESS COUNCIL, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD, TREE ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111111111116 Primary Phone Alternate Phone BROOKS CHAPEL DEVELOPMENT CENTER, INC. CHAIRMAN/CEO Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No If yes, how many years? COLEMAN.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. African American Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to CLEAN CITYADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Primary, Secondary or High School Educator in City ❑ Local Chamber of Commerce Member ❑ Commercial Solid Waste Hauler ❑ Beautify Corpus Christi Association Member Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Youth Initiatives Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Higher Education Question applies to TREE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Landscape Architect ❑ Certified Arborist or Urban Forester ❑ Electric Utility Provider AEP, Texas Representative Mr. Jeremy Lane Coleman OBJECTIVE: To become employed with your company as an administrative assistant or office manager. HIGHLIGHTS OF QUALIFICATIONS: • Eight years office management experience • Three years classroom experience working with elementary population • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Well organized; strong in planning and implementing programs • Able to set and achieve goals • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Excellent communication skills — verbal and written • Skill in dealing with sensitive populations in a professional and concerned manner • Able to handle a multitude of details at once, meeting deadlines under pressure • A decision maker; resourceful, and works well independently or as a cooperative team worker • Self -motivated; able to learn anything on own initiative • Exceptional organizational skills PROFESSIONAL EXPERIENCE: • Manage and maintain executives' schedules • Prepare invoices, reports, memos, letters, financial statements and other documents using word processing, spreadsheet, database and presentation software • Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution • Open, sort, and distribute incoming correspondence, including faxes and email • File and retrieve corporate documents, records, and reports • Prepare responses to correspondence containing routine inquiries • Perform general office duties such as ordering supplies, maintaining records, management systems and performing basic bookkeeping work • Prepare agendas and make arrangements for committee, board, and other meetings • Served as liaison to company executives on employee relations and job performance for call center • Provide assistance to students with special needs, such as those with physical and mental disabilities • Tutor and assist children individually or in small groups in order to help them master assignments and to reinforce learning concepts presented by teachers • Organize and Iabel materials and display students' work in a manner appropriate for their eye levels and perceptual skills • Enforce administration policies and rules governing students • Present subject matter to students under the direction and guidance of teachers, using lectures, discussions, or supervised role-player methods TECHNICAL SKILLS Computer literate Word, Excel, Access, PowerPoint, internet, QuickBooks, P.D.S., Quicken, Grassroots, data entry programs, 10 -key by touch, most office equipment including fax machine and copiers EMPLOYMENT HISTORY 5 years Instructional Assistant;'Substitute 2 years Senior Sales Representative I year 1 year 7 years Office Administrator Administrative Assistant Church Secretary EDUCATION (carra* prrrsurned B.A.,Business Administration Graduate Richard King High School Certification QuickBooks Pro2008 Certification TOPS Certification ESC2 West Oso ISD APAC N.A.A.C.P., Inc. Brooks Chapel E.C.D.,Inc. St. John Baptist Church Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Del Mar College Corpus Christi, TX Corpus Christi, TX Del Mar College Corpus Christi, TX E.S.C.2 Corpus Christi, TX PROFESSIONAL AND COMMUNITY ASSOCIATIONS • Chairman— Brooks Chapel Early Childhood Center,Inc. • President of Ignite Political Action Committee • Past Board Member- Sister City Council of Corpus Christi • Past County Board Member Nueces County Community Action Agency • Former Chairman and President Youth Council & Foundation of Corpus Christi • Former Board Member Mayor's Advisory Council • National Board Member— Camp Fire U.S.A, • Former Chairman of Health Committee -- N.A.A.C.P. • Member State of Texas Student Council Association • Past Secretary — N.A.A.C.P. Executive Committee • Past President — City -Wide Youth Council of Corpus Christi • Past G.S.A. Coordinator • Former Member of Student Government Association/Del Mar College • Past President and Founder — Barclay Grove Resident Association • Past Vice President — C.A.T.C.H. Youth, Inc. • Former Board Member of Sister Cities of Corpus Christi • Past President of Coastal Bend Young Democrats BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 20, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Cynthia "Cindy' Email Address Middle Initial Hindman Last Name Which Boards would you like to apply for? ADVISORY COMMITTEE ON COMMUNITY PRIDE, CITIZENS ADVISORY HEALTH BOARD, CLEAN CITY ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1111111111.1.111111111 Primary Phone Alternate Phone BEHAVIORAL HEALTH CENTER OF NUECES COUNTY RN IV -CASE MANAGER Employer Job Title 1620 BROWNLEE WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78404 WorkAddress - Zip Code 361-886-1036 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) CHAIR OF THE SWEETHEARTS OF THE RODEO FOR THE BUC DAYS PRCA PRO RODEO REGISTERED NURSE ATTENDED DEL MAR COLLEGE AND TEXAS A&M UNIVERSITY -CORPUS CHRISTI TAKING ONLINE COLLEGE COURSES - UNIVERSITY OF TEXAS ATARLINGTON RODEO COMMITTEE MEMBER - BUCCANEER COMMISSION Registered Voter? QQ Yes No Current resident of the city? QQYes No 27 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CLEAN CITYADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Primary, Secondary or High School Educator in City ❑ Local Chamber of Commerce Member ❑ Commercial Solid Waste Hauler ❑ Beautify Corpus Christi Association Member BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 17, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Daniel R Prefix First Name Middle Initial Email Address Owen Which Boards would you like to apply for? CLEAN CITYADVISORYCOMMITTEE Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111.1111.11111111 41111110MMIlli Primary Phone Alternate Phone Goodwill Industries of South Texas, Inc. Employer 2961 S. Port WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 7805 Chief Operating Officer Job Title State Postal Code WorkAddress - Zip Code (361) 884-4068 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Resume Attached Registered Voter? QYes No Current resident of the city? DYes No 26 If yes, how many years? Resume.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to CLEAN CITYADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Primary, Secondary or High School Educator in City ❑ Local Chamber of Commerce Member ❑ Commercial Solid Waste Hauler ❑ Beautify Corpus Christi Association Member Daniel R. Owen Executive Management Strategic Planning • Operations Management • Community Involvement Accomplished executive with significant experience in achieving operational objectives, motivating and leading multi -divisional teams, recruiting highly capable and talented personnel, and diversifying revenues through the development of new product lines. Decisive, results oriented leader with proven success in marketing and brand development. Strong track record of increasing the bottom line by driving best practices. Excel in dynamic environments while remaining pragmatic and focused. Selected Career Achievements: • Developed Substantial Year -over -Year Growth — As COO, lead a team of professional executives that have consistently ranked among the fastest growing Goodwill organizations in America. • Expanded Donation Base — Created and executed donor acquisition strategies that grew donations over 1000% over the last ten years. Said strategy has been used as a template for many other Goodwill's throughout the enterprise. • Enhanced the Community — Worked collectively with multiple community and federal partners to create a free income tax return program for the low-income households that has served in excess of 5,000 individuals annually, and created an economic impact of over $100 million to the local e conomy. Professional Experience Goodwill Industries of South Texas, Inc., Corpus Christi, TX Chief Operating Officer 2007 -Present Provided senior executive leadership to a multi -divisional organization that is the market and industry leader in several of its varied business lines. Lead operations and strategic direction with full responsibilities for bottom line factors, including long range planning, product/store development, and community partnering initiatives. Provided cross functional management to; six executives, dozens of managers, and general oversight to 750+ employees. Directed all operations including the negotiation of multiple revenue and profit stimulating contracts. Reported directly to President and CEO. ✓ Revenue Growth ✓ Business Unit Development ✓ Team Development • Increased operational revenues by approximately 1200%. • Have been ranked among the top 10 fast growing Goodwill organizations in America each of the last four years. • Successfully negotiated over 40 government and commercial contracts. • Developed new Mission Service program which serves over 5,000 individuals in the "Coastal Bend" Region of Texas. • Created both Manager -In -Training (MIT) program and Leadership Development Program (LDP) to develop a pipeline of trained/talented leaders within the organization. Goodwill Industries of South Texas, Inc., Corpus Christi, TX 2005-2007 Vice President of Retail Operations Oversaw Retail/Donated Goods Operations and ensured all organizational and operational objectives were met, including logistics and byproduct markets. Spearheaded vision, strategy, and execution of retail operations. Accountable for staffing, strategic directives, and training of Retail/Donated Goods team. Established operational objectives, implemented strategic plans, and prepared operational budget and financial forecasts. Participated and directed several special project teams with due -diligence, prioritization, and development. Reported directly to President and CEO. ✓ Donation Acquisition ✓ Operations Re- engineering ✓ Market Penetration • Developed donation acquisition strategy that grew our donation base by 200% in a two year period. • Restructured Retail/Donated Goods Operations' and increased profitability by 29%. • Used Lean philosophies and Kaizen events to increase productivity and reduce Logistics' cost ratio from 16.1% to 11.2%. • Grew used goods market share to 53% of all used goods sold in the Corpus Christi market. This includes used cars, pawn shops, flea markets, antique/boutique shops, and thrift stores. Goodwill Industries of South Texas, Inc., Corpus Christi, TX 2003-2005 Director of Marketing & Communication Directed the Marketing, Financial Development, and Public Relations Division as well as the Donation Solicitation department. Responsible for the development and implementation of all marketing material for organization. Effectively assisted the company in navigating a large re -branding campaign aimed at attracting new customer demographics. Provided extensive free publicity to organization and its mission through frequent speaking events and media relations. ✓ Financial Performance ✓ Creative Problem Solving ✓ Customer Service • Implemented sale promotional for retail stores resulting in 300% increases in daily revenues. • Grew financial development revenues by 450% in two years with goal oriented management and creative problem solving. • Developed a comprehensive advertisement campaign that spanned ad development/placement as well as integration in multiple business lines. • Created a culture of strong customer service with an extensive program that involves collaboration with a gold standard mystery shop firm, customer feedback program, and customer loyalty program. Educations and Credentials Bachelors of Art, Political Science & Economics (BA) • TEXAS A&M UNIVERSITY — CORPUS CHRISTI, Corpus Christi, Texas Goodwill Industries International (GII) Executive Development Program — 2008 Cohort Past Corpus Christi Chamber of Commerce's 40 Under 40 Award Recipient Professional Associations Current Affiliations: Past Chairman of the South Texas Lighthouse for the Blind Board Member of the South Texas Lighthouse for the Blind Foundation Board Member of Texas Association of Goodwill's (TAG's) Member of National Industries for the Severely Handicap (NISH) Member of National Industries for the Blind (NIB) Member of Texas Industries for the Blind and Handicap (TIBH) Past Affiliations: Former Officer of the Galilean Lutheran Church Council Former Officer of the Texas A&M Corpus Christi Regional Alumni Chapter Former Member of the Texas A&M Corpus Christi National Alumni Board Former Officer of the American Red Cross -Costal Bend Chapter Board Former Officer of the West Corpus Christi Rotary Club Board Former Ambassador for the Corpus Christi Chamber of Commerce Former Ambassador for the Corpus Christi Hispanic Chamber of Commerce Former Member of the Corpus Christi Westside Business Association (WBA) Former Member of the Corpus Christi Northwest Business Association (NWBA) City Of Corpus Christi COMMISSION ON CHILDREN & YOUTH BOARD DETAILS OVERVIEW As, SIZE 10 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years CONTACT 1 Hope Herrera (361) 826-3464 hopeh@cctexas.com The Commission on Children &Youth supports a comprehensive system of services and advances policies to meet the needs of Corpus Christi's children, youth and their families including gathering information from people and entities to act as a source of information and referral on issues concerning children, developing an annual communityaction plan for children, youth and their families, advising the City Council on acquiring and allocating children and youth's resources and services, strengthening communications and encouraging partnerships between public and private entities working with children and youth, and serving as an advocate for local, state and federal policy benefitting children, youth and their families to the City Council, and to others as authorized bythe Council. �q DETAILS COMPOSITION The commission shall consist of nine (9) members appointed by the City Council. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association w ith community-based organizations. Members shall be representative of each of the following fields: (1) - Health and Human Services, (1) - Law Enforcement, (1) - Education, (1) - Youth and Family Services, (1) - Nueces County District Attorney's Office, and (3) -At Large members. One (1) member shall be a youth representative from 16 to 21 years of age at time of appointment. Any member w ho ceases substantial activity in the field or office represented, automatically resigns from the commission. (On 10-10-95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) CREATION / AUTHORITY Sec. 2-217; Ord. 021927, 4/26/94; Ord. 022728, 10-15-96, Ord. 023452, 9-29-98, Ord. 029813, 4-30-13. MEETS 3rd Monday at 5:30 p.m., City Hall, Staff Conference Room. TERM DETAILS Three-year staggered terms. DEPARTMENT Parks and Recreation Department Commission on Children and Youth Members July 14, 2015 One (1) vacancy with term to 5/1/2016 representing the following category: 1 - Youth Representative from 16 to 21 years of age at time of appointment. Name X45 Denise Etheridge COMMISSION ON CHILDREN & YOUTH Resigned District 1 1 5/1/2016 Youth Representative Member Joseph N. Miller COMMISSION ON CHILDREN & YOUTH Active District 2 1 5/1/2018 Youth & Family Services Member Donine Schwartz COMMISSION ON CHILDREN & YOUTH Active District 2 1 5/13/2018 At Large Member Clarissa Silva COMMISSION ON CHILDREN & YOUTH Active District 2 2 5/2/2018 District Attorney's Office Rep. Member Warren Andrich COMMISSION ON CHILDREN & YOUTH Active District 2 1 5/1/2017 At Large Member Heather Butscher COMMISSION ON CHILDREN & YOUTH Active District 5 1 5/1/2016 Health & Human Services Member David Dow COMMISSION ON CHILDREN & YOUTH Active District 4 1 5/1/2017 Law Enforcement Member Dr. Ridge Hammons COMMISSION ON CHILDREN & YOUTH Active District 5 2 5/1/2016 Education Chair Danny Kollaja COMMISSION ON CHILDREN & YOUTH Active District 2 2 5/1/2017 At Large Member Tim Wilson COMMISSION ON CHILDREN & YOUTH Active N/A Police Officer Advisory Commission on Children and Youth Applicants July 14, 2015 *a r Brendan J. Hoover District 5 Youth Representative, 16 - 21 years of age at time of appointment Cassandra R. Huff District 4 Youth Representative, 16 - 21 years of age at time of appointment Madeleine Patterson District 2 Youth Representative, 16 - 21 years of age at time of appointment BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 01, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Brendan J Prefix First Name Middle Initial Email Address Hoover Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, HUMAN RELATIONS COMMISSION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111111•11 411111.11malle Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Included in Resume Registered Voter? QYes No Current resident of the city? DYes No 14 If yes, how many years? Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth Representative (not more than 20 years of age at time of appointment) Resume Brendan Joseph Hoover Objective To obtain a position with a local organization with an excellent reputation in our community Education Activities Honors Experience Special Skills Hobbies W.B. Ray High School • 1002 Texan Trail • Corpus Christi, TX 78411 • Will graduate, June, 2017 • Grade Point Average: 93.25 • W.B. Ray Debate Club (2013—present) • St. Patrick's Catholic Church Youth Group (2012 -present) • W.B. Ray Student Council (2013-2014) • 1' Place, UIL Lincoln Douglas Debate (2014) • 4th Place, UIL Persuasive Extemporaneous Speaking (2014) • 15t Place UIL Lincoln Douglas Debate (2015) • Driscoll's Children Hospital Summer Volunteen (2014) • Guest Services Ortho/Neuro Clinic helper • Cookie shop cashier • Food Handler Permit • Certified in Microsoft Office Word, Excel, and PowerPoint • Trained in Microsoft Office Access and Publisher • Reading • Listening to music References Provided separately BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Cassandra R Prefix First Name Middle Initial Email Address Huff Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, HUMAN RELATIONS COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINN=M Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Junior in Highschool Registered Voter? QYes 0 N Current resident of the city? D Yes 0 N 16 If yes, how many years? Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth Representative (not more than 20 years of age at time of appointment) Cassandra Huff Volunteer Experience • Mission Fit Possible (community organization that spreads awareness about health to elementary school students) • TLJT James Ragan Memorial Tournament • Athenafest Volunteer • Assistant dance teacher at Kinetic Movement Center • Volunteer at Rockport Art Festival Interests and Activities • Member and participant in the Texas Gulf Surfing Association • Sponsored by The Board House Surf Shop • Part-time job at The Board House • 2015-2016 TGSA All Star Surf Team Member • Junior Council member • Co -Founder and President of the WB Ray Classic Literature Club • Parliamentarian Chair for the National Honor Society • Ray Tex -Ann Drill Team (1 year) • Dancer at Kinetic Movement Center (11 years) • Senior Sibling Awards Received • 2nd place Girls 2013- 2014 TGSA Corpus Christi Open • 2' place Girls and 2nd place Junior Women 2013- 2014 TGSA Galveston Open • 2nd place Girls and 2nd place Junior Women 2013- 2014 TGSA Matagorda Open • 2" place Girls 2013- 2014 TGSA State Surfing Championships • 1' place in Team Points in 2013- 2014 TGSA State Surfing Championship (I am sponsored by The Board House and assisted our team in receiving this honor) • 2' place Women's PAPHA Old Town Festival Expression Session • 2" place in Women's division at the 2014 Los Suenos Memorial Surf Contest • 3rd place girls in Volcom Let the Kids Ride Free Surf Contest (invited to attend nationals in Newport Beach California) • 2nd place Women's and 3rd place Junior Women's 2014- 2015 TGSA Galveston Open • 3rd place Junior Women's 2014- 2015 TGSA Port Aransas Open • Top 4 highest scoring group dance award at Starbound Dance Competition • Top 3 highest scoring group dance award at Starbound Dance Competition • Highest scoring duet at Revolution Talent Competition • Highest scoring group dance at Revolution Talent Competition • 2ad Highest Scoring group dance at Dupree • Top scoring duet at Dupree • Tap Scholarship winner at Dupree (2013) • 3rd overall tap group dance at Tremaine Dance Competition • Was a member of the All American Dance/Drill Team • 1st place duet at MA competition • 1st place duet at ShowTime International • Distinguished Scholar (3 years) Hobbies • Surfing • Dancing • Visual Arts • Reading Licenses and Certificates • Microsoft Word Certified • International Baccalaureate Diploma Candidate BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 01, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Madeleine Patterson Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CITY COUNCIL'S YOUTH ADVISORY COMMITTEE, COMMISSION ON CHILDREN & YOUTH, HUMAN RELATIONS COMMISSION Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111011111111111111111 Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) STUDENTAT W.B. RAY HIGH SCHOOL - CURRENTLYA SOPHOMORE WILL BEA JUNIOR FOR 2015- 2016 SCHOOL YEAR. VOLUNTEERS TO FEED THE HOMELESS AND AT MOTHER THERESA'S SHELTER IMPACT YOUTH GROUP, LEAD VOCALIST IN CHURCH BAND, AND TEACH SUNDAY SCHOOLAT CATHEDRAL OF THE PALMS Registered Voter? QYes No Current resident of the city? QQYes No 15 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Youth Representative (not more than 20 years of age at time of appointment) City Of Corpus Christi CORPUS CHRISTI BUSINESS AND JOB DEVELOPM ENT CORPORATION BOARD DETAILS SIZE 5 Seats TTERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Esther Velazquez 0 (361) 826-3093 esthery@cctexas.com The Corpus Christi Business and Job Development Corporation is organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. -q DETAILS COMPOSITION The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council. The terms of the directors shall be two years, expiring on July 31st of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. CREATION / AUTHORITY Res. No. 024207, 9-12-00; Res. No. 024233, 9-25-00. MEETS 3rd Monday of every month at 3:00 p.m., City Hall - Council Chambers. Meet a minimum of once a quarter. TERM DETAILS All terms for two years. DEPARTMENT City Manager's Office Corpus Christi Business and Job Development Corporation Members July 14, 2015 Two (2) vacancies with terms to 7-31-17. Name Board name Status District End date Position Attendance Rate Gabriel Guerra CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Seeking Reappointment District 5 1 7/31/2015 Member 100% 12/12 meetings R. Bryan Gulley CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Seeking Reappointment District 4 2 7/31/2015 Vice -President 100% 12/12 meetings Bart Braselton CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 2 7/31/2016 President Chris Hamilton CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 1 7/31/2016 Member Debbie Lindsey -Opel CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 4 2 7/31/2016 Secretary Name District Corpus Christi Business and Job Development Corporation Applicants July 14, 2015 1 Work Address City MEN!!! Kamlesh Bhikha District 1 RODEWAY INN 5224 IH 37 AT NAVIGATION CORPUS CHRISTI TX 361-883-6161 Richard Burns District 5 ALINEAR SOLUTIONS -MANAGEMENT SOLUTIONS OF SOUTH TEXAS Sonia Castillo District 5 3RD COAST RESEARCH ASSOCIATES 6000 S. STAPLES, STE. 404 CORPUS CHRISTI TX 361-288-4668 Scott Kemp District 2 VALUEBANK TEXAS 7110 S. STAPLES CORPUS CHRISTI TX 361-866-7732 Tom Niskala District 4 RETIRED Diana Summers District 4 HOGAN HOMES 400 MANN ST. CORPUS CHRISTI 512-994-8786 Tanner Twomey District 4 HOUSTON ASTROS/CORPUS CHRISTI HOOKS BASEBALL CLUB 734 EAST PORT AVE. CORPUS CHRISTI TX 361-561-4718 Lindsay Walker District 2 CORPUS CHRISTI METRO MINISTRIES 1919 LEOPARD CORPUS CHRISTI TX 361-887-0151 X226 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 24, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Kamlesh Bhikha Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, MAYOR'S FITNESS COUNCIL, NUECES COUNTY TAX APPRAISAL DISTRICT, PARKS AND RECREATION ADVISORY COMMITTEE, PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX Street Address Suite orApt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone RODEWAY INN OWNER Employer Job Title 5224 IH 37 AT NAVIGATION WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City State Postal Code TX WorkAddress - State 78407 WorkAddress - Zip Code 361-883-6161 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELOR OF COMMERCE, MAJOR ACCOUNTING MULTIPLE HOTEL OWNER (RODEWAY INN) YMCA -DOWNTOWN BOARD MEMBER YOGA INSTRUCTOR Registered Voter? D Yes No Current resident of the city? Q Yes No 22 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Asian or Pacific Islander Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Hotel Industry Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness ❑ Disability Networks ❑ Senior Initiatives ❑ Youth Initiatives ❑ Community Outreach Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? QQYes No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? O Yes No Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? QQ Yes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? QQYes No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 03, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Richard Burns Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone HLINLHK JULU 1 IVINJ- MANAGEMENT SOLUTIONS OF SOUTH TEXAS Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone CEO Job Title WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) MBA, AUBURN UNIVERSITY ALABAMA BA, UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL, NC COMMUNITYACTIVITY: LIFE TEEN VOLUNTEER, CHURCH PREVIOUS: GREATER AUSTIN AT WORK TASK FORCE; PRESIDENT, CENTRAL TEXAS DIVERSITY COUNCIL SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 3 If yes, how many years? BURNS2.pdf Upload a Resume BURNS.pdf Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. March 3, 2015 Ms. Rebecca Huerta City Secretary City of Corpus Christi, Texas Dear Ms. Huerta, Richard Burns Please accept my application for membership on City of Corpus Christi's boards, commissions, and committees. I have been residing in Corpus Christi since July, 2012 with my wife Penny, however, my association and with Corpus and the Coastal Bend goes back quite a bit longer. I met my wife while I was a Navy flight instructor at NAS Chase Field, Beeville after which we transferred Chief of Naval Air Training (1980), NAS Corpus Christi. Our son and grandson were both born in Corpus Christi. 1 am a graduate of the University of North Carolina, Chapel Hill and received a Masters in Business Administration from Auburn University, Alabama. As a former Navy Pilot, l served as Squadron Commander, Deputy Air Wing Commander and then Base Commander of Naval Air Station Pensacola, Florida—with its large, deep water port and high volume air field. After the Navy, I joined Blue Cross and Blue Shield of Florida in Jacksonville, Florida, where I served as Director of Human Resources Information Systems; and then became project leader for the purchase and implementation of PeopleSoft human resources management system, a $9M project, managing a team that consisted of 30 staff. In 2000 we returned to Texas and 1 began employment with the University of Texas at Austin (19,000 employees). I served as Associate Athletics Director for the NCAA Division 1 Athletics Department human resources function. The Longhorns Athletics Department had 400 permanent and 700 employees, with a budget of $160M. I left the University last month, January of 2015. I have a strong background in leadership roles in both the private and public sectors. 1 am anxious to serve in the community in areas where my experience will help. Please do not hesitate to contact me if you have any questions. I am attaching my application and resume. Sincerely, Rich Burns PERSONAL INFORMATION RICHARD J. BURNS (71CH") EDUCATIONAL BACKGROUND Auburn University MBA University of North Carolina, Chapel Hill BA Summary: Accomplished Human Resources Professional (15 years' experience) with highly developed HR technical skills (HRIS, MS Office, data reporting systems).. Highly experienced in employee skills assessments, job analysis, compensation structures. "Voices" (360 assessment) certified. Former Naval Aviator with extensive leadership experience of high performing teams. Served on the staffs of Chief of Naval Air Training and Commander Naval Air Forces Pacific Fleet in training standardization and manpower analysis capacity. Served as Commanding Officer NAS Pensacola and managed Civil Service function in that capacity. Excellent interpersonal skills --collaborative. Accomplished presenter and trainer. Extensive experience providing consultation and creative solutions to leaders and decision makers on HR issues, policies and laws. Currently manage an HR shop of 4 professionals. PROFESSIONAL EXPERIENCE THE UNIVERSITY OF TEXAS AT AUSTIN 2000 to January 2015 Austin, Texas The University of Texas at Austin is the Flagship of the University of Texas System. The University is a highly complex organization with approximately 50,000 students and 23,000 employees. In addition to the main campus, there are other research and satellite facilities in Austin as well as the MacDonald Observatory in Fort Davis, Texas and the Marine Science Institute in Aransas Pass. The University is one of the largest institutions of higher education in the country. ASSOCIATE ATHLETICS DIRECTOR FOR HUMAN RESOURCES Lead and Manage all HR functions for the NCAA Division! Athletics Department—a staffof400 permanent employees and 700 part time and temporary employees (state employees). Major departments include finance, facilities operations and maintenance, sports administration, event operations, communications, marketing and the Longhorn Foundation (fund raising), the Erwin Center entertainment facility. HR team supports ail human resources functions including recruiting, compensation, compliance, time and attendance, employee relations, training and development, benefits and salary administration, workers compensation. Works closely with risk management. DIRECTOR, STAFFING AND CAREER MANAGEMENT SERVICES Manage a team of human resource professionals providing services to campus clients in the areas of managing talent— recruitment, retention, compensation, job analysis, job design, compliance, diversity and compliance. Provide consultation to campus leaders and managers on recruitment and retention strategies, long range human resource strategic planning and organizational design. Use state of the art tools for developing salary structures, compensation analysis, and organizational analysis. Design and develop electronic solutions to automate processes. Serve as member of the Human Resource Services Management Team. Currently serve as consultant in human resource generalist role. Presented at numerous meetings and conferences including Texas Workforce Commission, Greater Austin At Work, WorkSource and the Texas Diversity Council state-wide conference. BLUE CROSS AND BLUE SHIELD OF FLORIDA 1995-2000 Jacksonville, Florida Blue Cross and Blue Shield is the largest health insurer in Florida -9000 employees—home based in Jacksonville with offices in Miami, Tampa, Orlando and Pensacola. It is rich in technology and human systems required to service the health insurance needs of its millions of members DIRECTOR, HUMAN RESOURCES (HRIS & PROJECTS) Had hands on leadership accountability for the implementation of PeopleSoft HR and Payroll (HRMS) plus eLabor Time and Attendance Management System (TAMS). SIOM project encompassed employee administration, benefits, compensation and payroll. Project (Phase 1) was completed on time and under budget. 30 project team members reported to me through a project management office (PMO). Cross functional team consisted of HR and Payroll professional staff, IT technical and systems integration partner --KPMG. Recognized for leadership and results. UNITED STATES NAVY Numerous leadership assignments and achievements as a successful career Navy Pilot flying advanced fighter jets aboard aircraft carriers. Experience included 5000 flight hours and flying operational missions during hostilities. Served as Squadron Commander, and Deputy Carrier Air Wing Commander and large base commander (Pensacola Naval Air Station). During career, consistently rose to positions of increased accountability and leadership in an organization that is complex and mission oriented in a global perspective. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 18, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Sonia Castillo Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, MAYOR'S FITNESS COUNCIL, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, REGIONAL HEALTH AWARENESS BOARD, TRANSPORTATION ADVISORY COMMISSION Street Address City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41101•11.1•10 1111111101.1111111 Primary Phone Alternate Phone 3RD COAST RESEARCH ASSOCIATES COORDINATOR Employer Job Title 6000 S. STAPLES, STE. 404 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX Suis: State Postal Code WorkAddress - State 78413 WorkAddress - Zip Code 361-288-4668 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELOR OF ARTS - NATURAL SCIENCE MASTER OF SCIENCE - ENVIRONMENTAL SCIENCE CLINICAL RESEARCH INDUSTRY/MEDICAL RESEARCH INDUSTRY- 16 YEARS COMMUNITY OUTREACH REGARDING CLINICAL RESEARCH AWARENESS Registered Voter? QQ Yes No Current resident of the city? QQYes No 5 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health and Human Services ❑ Law Enforcement ❑ Education ❑ Youth and Family Services ❑ Nueces County District Attorney's Office ❑ Youth Representative, 16 - 21 years of age at time of appointment Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness ❑ Disability Networks ❑ Senior Initiatives ❑ Youth Initiatives ❑ Community Outreach Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ K - 12 Education ❑ Higher Education ❑ Business Community ❑ Friends of the Museum Nominee Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Oil and Gas Well Industry Nominee ❑ Not Connected with Oil and Gas Well Industry Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? QYes No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 11, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Scott Kemp Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone VALUEBANK TEXAS SR. VICE PRESIDENT/SR. LOAN OFFICER Employer Job Title 7110 S. STAPLES WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78415 WorkAddress - Zip Code 361-866-7732 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQ Yes No Current resident of the city? QQYes No 1 If yes, how many years? KEMP.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Financial Institutions Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. SCOTT KEMP SKILL SUMMARY • A career banking professional with 29 years of commercial and consumer lending experience in small business and middle market banking environments • Extensive experience underwriting and approving all types of business credit, commercial real estate loan requests, and consumer credit • Business development expertise calling on companies with revenues of up to $50 million • A self -motivated team player who leads by example and consistently meets or exceeds company goals and objectives • Equally proficient and experienced in both credit and sales roles; responsibilities have included relationship management, credit administration, and regional management over multi -county geographical territories • Attended and completed formal credit training from one of the top commercial lending training programs on the West Coast • Excellent interpersonal and organizational skills; adept at multi -tasking and equally capable of working independently or as part of a team PROFESSIONAL EXPERIENCE VALUEBANK TEXAS 2013 — Present Senior Vice President / Senior Lending Officer • Responsible for commercial lending team's business development activities and loan production • Created formal performance objectives, job responsibilities, and created an incentive plan for the commercial lending staff to align their goals and activities with the bank's overall goals and strategy • Provided sales, underwriting, and credit training to new lending personnel • Approval or concurrence on all commercial loan requests prior to presentation at Senior Loan Committee • Responsible for the bank's overall commercial loan production and net portfolio growth. In the first six months of 2014, increased the bank's commercial loan outstandings from 5100 million to $116.2 million, a 32.4% increase (annualized) and 162% of the prorated annual goal of $20 million CORE BUSINESS SOLUTIONS 2009 — 2013 Owner/Consultant • Business lending -related consulting activities within the financial services industry. • Restructured the business lending functions for two different credit unions • Chief Credit Officer responsibilities; approving all commercial and consumer loan requests, with responsibility for loan portfolio credit quality, collections, and regulatory compliance • Revised existing loan policies and procedures to align the organization's risk appetite with the economic climate • Created a Loan Documentation and Boarding Department; spearheaded changes to systems that allowed the Institution to begin funding & servicing commercial loans internally, saving the organization $400,000-$500,000 annually • Provided business credit and sales training to existing and new personnel, allowing them to grow loan outstandings by $13 million (87%) and increase core business deposits by 52.6 million (61%) (Mar. '09 — Dec. '09) • Created protocols for boarding, funding, post -boarding loan review, and tickler systems • Received "satisfactory" NCUA commercial loan examination ratings (Dec. '09 & Nov. '11) WASHINGTON MUTUAL BANK, F.A. (now CHASE BANK) 2007 — 2008 Regional Vice President / Area Manager • Introduction of Business Banking to the San Diego market, with ongoing responsibility for driving sales results and production of 14 Small Business Relationship Managers (SBRMs) relative to San Diego area goals • Provided credit and sales training to branch personnel throughout San Diego County to facilitate WaMu's intended transition from a retail savings bank focused on residential lending into one that emphasized and embraced small business banking • Led all regions within the SW Division (Ariz., CA, Nevada) in lending production (3rd and 4th quarters, 2007) • Led all regions within the SW Division in deposit growth (1st quarter, 2008) • Consistently ranked among the top one third in the SW Division in all stack -ranked categories SCOTT KEMP PAGE 2 WELLS FARGO BANK, N.A. 2006 —2007 Senior Vice President / Business Banking Area Manager • Direct responsibility for the Small Business Relationship Manager segment within North San Diego County, Murrieta, and Temecula • Accountable for the region's loan portfolio and deposit growth, as well as maintenance of the portfolio's overall credit quality • Management of 14-16 Business Relationship Managers/Lenders; provided coaching and mentoring to Improve business development skills and maximize sales and production results • Responsibility for commercial loan pricing and profitability within region; approval of credit requests within Individual lending authority UNION BANK OF CALIFORN IA, N.A. 1990 — 2006 Regional Vice President / Area Manager — San Diego Business Banking • Management and administration of the commercial lending function in San Diego County • Provided support to direct reports In negotiation with Credit Administration for all credits recommended for approval • One of only two Area Managers statewide with individual credit approval authority ($500,000 secured/$100,000 unsecured and $2,000,000 secured/$200,000 unsecured approval authority with one other co -approval signature) • Creation of annual regional marketing plan, resource deployment, and assisted with annual division operating budget • Consistently ranked among the top regions in California in annual commercial loan production (2004 - 2008) • Top-ranked region in Califomio in quarterly loan production for 4 quarters (2004 — 2006); ranked among the regions with the lowest delinquencies and fewest "criticized" credits over the same time frame • Consistently ranked among the top one third statewide in loon portfolio growth (2001 - 2006) EDUCATION • Indiana University—Bloomington, Indiana (1984) Bachelor of Science, Marketing & Advertising (2.93 GPA) • Pacific Coast Banking School - Seattle, Washington (2005) Senior bank management curriculum COMMUNITY INVOLVEMENT • Sheriff's Association of San Diego County (Member) • Torrey Pines Gliderport Advisory Board (Board Member) • Torrey Pines Paraglider Pilots Association (Officer/Board Member) • Big Brothers/Big Sisters of Indiana University (Co-founder) • North Dallas Economic Development Council (Business Advisor) • Corpus Christi Builder's Association (Member) REFERENCES • Furnished upon request BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Feb 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Tom Niskala Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111011111111111111111 Primary Phone RETIRED Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 34 If yes, how many years? NISKALA.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQ Yes Q No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Biographic Overview of Tom Niskala • Bom and raised in Cleveland, Ohio; • Graduated from Cleveland State University with a Bachelor of Business and Master of Urban Studies; • Worked with a nationally recognized transportation consulting company and subsequently in the Marketing and Planning Division of the Cleveland Transit System; • Went to Washington, D.C. with a national transportation trade association as the Director of Statistics; • Came to Texas as Director of Planning and Marketing with a public transit management company in Houston and subsequently became the Assistant to the Executive Director of the Houston Metropolitan Transit Authority; • Came to Corpus Christi in 1981 as the General Manager of the City Transit System and was instrumental in forming the Regional Transportation Authority known as the "B" in 1986 and was the first General Manager until 1996; • Left the RTA to become an independent consultant in 1996 and took on the role as President / CEO of the Corpus Christi Chamber of Commerce in 2000; • Took the opportunity to return to transportation as the Transportation Planning Director of the Corpus Christi Metropolitan Planning Organization in February, 2004 and retired in January 2015; • Served on numerous Boards and Commissions including the City Planning Commission, Leadership Class XIII and Steering Committee Chair XVI. Served as President of the Southwest Transit Association and on the Executive Committee of the Texas Transit Association and TEMPO (Texas Association of MPO's). BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 22, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Diana Summers Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone HOGAN HOMES ASSISTANT TO THE PRESIDENT Employer Job Title 400 MANN ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City WorkAddress - State 78401 WorkAddress - Zip Code 512-994-8786 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDITASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? QQ Yes No Current resident of the city? QQYes No 2 If yes, how many years? BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Z !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Diana Brown Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $crounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 17, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Tanner Twomey Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, PARKS AND RECREATION ADVISORY COMMITTEE, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone hUUJ 1 UN HJ 1 KUJ/UUKF'UJ CHRISTI HOOKS BASEBALL CLUB Employer 734 EAST PORT AVE. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State Alternate Phone ACCOUNT EXECUTIVE Job Title 78401 WorkAddress - Zip Code 361-561-4718 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) Registered Voter? D Yes Q No Current resident of the city? DYes No 1 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? OQYes No Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? OQ Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? OQYes No Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ❑ Scientist i.e.,Marine Biologist) ❑ Engineer ❑ Environmentalist ❑ Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island ❑ Corpus Christi Convention and Visitors Bureau Member BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 12, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Lindsay Walker Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, OILAND GAS ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111.1.1110111 VIMMIE11.11 Primary Phone Alternate Phone CORPUS CHRISTI METRO SUSTAINABLE FUNDING MINISTRIES ASSISTANT Employer Job Title 1919 LEOPARD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78408 WorkAddress - Zip Code 361-887-0151 X226 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) YOUNG BUSINESS PROFESSIONALS, MASTER'S GRADUATE OF ORGANIZATIONAL PSYCHOLOGY FROM ALLIANT UNIVERSITY, SAN DIEGO AND BS GRADUATE OF PSYCHOLOGY FROM TEXAS A&M UNIVERSITY, COLLEGE STATION Registered Voter? Q Yes QQ No Current resident of the city? QQ Yes Q No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQ Yes Q No Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. City Of Corpus Christi MAYOR'S FITNESS COUNCIL BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 2 Years TERM LIMIT 6 Years CONTACT 1 Hope Herrera (361) 826-3476 hopeh@cctexas.com The Mayor's Fitness Council advises the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. In addition, to collaborate with community leaders in all sectors to develop and implement policy and environmental improvement strategies that will help combat chronic disease such as diabetes, cardio pulmonary disease, and cancer. �q DETAILS COMPOSITION The committee shall consist of nine (9) members appointed by the Mayor w ith approval of the City Council. The committee shall consist of individuals representing the follow ing categories: 1 - Health Care/Medical Professionals, 1 - Worksite Wellness, 1 - Disability Networks, 1 - Senior Initiatives, 1 - Youth Initiatives, 1 - Community Outreach and 3 - At Large members. Staggered terms are as follows: Five terms shall end in even numbered years: Health Care/Medical Professionals, Senior Initiatives, Youth Initiatives, Community Outreach and one (1) At Large member. Four terms shall end in odd numbered years: Worksite Wellness, Disability Networks, and two (2) At Large members. Thereafter, all terms shall be two (2) years. Ex -officio members will include Director of Parks and Recreation and the Director of the City County Public Health District. CREATION / AUTHORITY Ordinance No. 028525, 3/23/10; Ord. 028598, 5/11/10; Ord. 029780, 3/26/13. MEETS Second Thursday of every month, 12:00 p.m., City Hall, Staff Conference Room. TERM DETAILS Two-year staggered terms. DEPARTMENT Parks and Recreation Department Mayor's Fitness Council Members July 14, 2015 One (1) vacancy with term to 5-11-16 representing the following category: 1 - Senior Initiatives. (Appointed by the Mayor with approval of the City Council.) Name David Keith Rodney Brown Kimberly Cook Dr. Misty Kesterson Victor M Betancourt Angelina Garcia Dr. Ana Maria Paez Dr. Roland Hernandez Rick Hayley Board name MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL MAYOR'S FITNESS COUNCIL Status Resigned Active Active Active Active Active Active Active Active District District 5 District 1 District 5 District 4 District 1 District 1 District 1 1 District 5 1 Other / Non -Resident 3 Term 1 1 2 1 1 Partial End date 5/11/16 5/11/17 5/11/17 5/11/17 5/11/17 5/11/16 5/11/16 5/11/16 5/11/16 Senior Initiatives At Large Disability Networks Worksite Wellness At Large Community Outreach Health/Medical Profession Youth Initiatives At Large Position Member Member Member Member Member Member Member Member Vice -Chair Mayor's Fitness Council Applicant July 14, 2015 Name District Employer Dr. Jacqueline Hamilton District 4 YWCA Work Address City St. Work Phone Category 4601 Corona Drive Corpus Christi TX (361) 857-5661 Senior Initiatives BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Jacqueline Hamilton Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111011111. 4111111011Malle Primary Phone Alternate Phone YWCA Employer 4601 Corona Drive WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78411 Associate Director Job Title State Postal Code WorkAddress - Zip Code (361) 857-5661 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not currently. Education, Professional and/or Community Activity (Present) Doctorate in Education, MS in Kinesiology. Professional involvement with NIRSA: Leaders in Collegiate Recreation, retiring from TAMUCC as Recreational Sports Director Registered Voter? C) Yes No Current resident of the city? 0Yes QNo 13 If yes, how many years? JHamiltonResume 4815.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Other Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Worksite Wellness ® Senior Initiatives ® Youth Initiatives Jac ueline R. Hamilton Mm EDUCATION Doctorate in Educational Leadership, Texas A&M University—Corpus Christi, Corpus Christi, Texas, 2009. Research Area: Employee Wellness Master of Science, Kinesiology, University of Michigan, Ann Arbor, Michigan, 1987 Bachelor of Science, Psychology, University of Michigan, Ann Arbor, Michigan, 1985 PROFESSIONAL EXPERIENCE Director, Recreational Sports - Texas A&M University -Corpus Christi (2002-2015, retired) • Provide vision, leadership and strategic direction for comprehensive Recreational Sports Department • Supervise, develop, and evaluate full time professional and support staff including planning and implementing organizational change for growth • Oversight of student employment and development for approximately 200 students annually • Enhance recreation and wellness programs to meet the evolving needs of the campus community including Intramural Sports, Club Sports, Outdoor Recreation, Fitness and Wellness, Informal Recreation, and Special Events • Fiscal management including development, preparation, and monitoring of self -generated and student fee based operating budgets, and grant writing • Facility development in collaboration with other university units, including referenda, design, construction, furnishing, and occupancy — Dugan Wellness Center 2009, Island Hall academic building 2010, and multipurpose sport fields • Oversight of scheduling of facilities managed by Recreational Sports for use by the department, Intercollegiate Athletics, and the Department of Kinesiology • Develop, implement, and monitor risk management strategies for the department including facility, equipment, and personnel components in coordination with university and Texas A&M System requirements • Participate on departmental, divisional, and university committees and work teams including Student Engagement & Success Council, Intercollegiate Athletics Council, Wellness Committee, Momentum 2020 University Strategic Planning, Recreational Sports Committee, and Staff Council • Lead employee wellness initiatives including a targeted employee wellness program for lifestyle change, implementation of a Chancellor's Wellness Initiative grant, and chairing campus wellness committee J. Hamilton Adjunct Instructor, College of Education — Texas A&M University—Corpus Christi (2003- 2015) • Provide instruction for graduate education (Introduction to Research) and upper division undergraduate Kinesiology classes (Managing Leisure Services, Facility Design for Sports and Recreation, Creative Lifestyles for Wellness) • Guide students to successful completion of learning outcomes for the assigned courses • Certificate of Professional Development in Best Practices for Online Course Design Events Coordinator/Assistant Director — Texas A&M University -Corpus Christi (2001-2002) • Review and assign space requests from student groups, departments, and external groups for the University Center • Consult with event planners to identify appropriate venues and set ups to ensure institutional needs are met while achieving revenue objectives • Maintain space scheduling software system to ensure accuracy and timeliness of data. • Conduct regular meetings with operations staff and food services management to ensure coordinated event management; involve Physical Plant, Campus Police, and other facility managers to meet customer expectations and effectively allocate institutional resources • Manage Information Center services and supervise student staff in addressing walk-up customer service, data entry, and phone inquiries • Produce invoices and collect/deposit fees for space use rent, setup, technical support, and labor • Participate on departmental, divisional and university committees Membership Director — North Shore Country Club, Portland, Texas (1993-1994) • Oversee membership sales and services to golf, tennis, pool and social areas • Plan events for members and guests including coordination with food & beverage department (weddings, banquets, birthday parties, golf tournaments) • Process landowner dues collection • Assist General Manager as needed, oversee front office staff Assistant Director —The University of Texas at Austin, Division of Recreational Sports (1988- 1993 and 1995-2001) • Provide daily management of recreation facilities — 250,000 square feet of indoor space and 40 acres of outdoor space • Hire, train, supervise and evaluate part time and full time staff • Research, purchase, inventory, and distribute extensive equipment, supplies and services, including writing bid specification packages • Develop and coordinate capital improvement projects with architects, vendors and contractors • Manage income and expense budget for equipment, supplies, wages and memberships — approximately $1 million in income and $1 million in expenses annually • Participate in planning, goal setting and future directions • Administer Membership Services area, address member concerns and oversee office operations 2 J. Hamilton • Monitor risk management strategies through inspection forms, maintenance routing, and policy signage • Oversee retail operations for two recreation pro shops CERTIFICATIONS American Council on Exercise — Certified Personal Trainer since 2000 American Council on Education — Certified Health Coach since 2015 NIRSA (National Intramural Recreational Sports Association): Leaders in Collegiate Recreation Certified Recreational Sports Specialist and Registered Collegiate Recreational Sports Professional American Red Cross CPR/First Aid/AED Mental Health First Aid Certified 2014 Food Handler Permit MEMBERSHIPS AND COMMITTEES TAMU-CC Staff Council, 2005-2006 and 2008-2009, 2013-2015 NIRSA Education Task Force Chair 2013-2015 NIRSA Board of Directors, Annual Director 2012-2013, 2013-2014 NIRSA Annual Conference Program Co -Chair, 2013 NIRSA Education Content Review Work Team Co-chair, 2011-2013 NIRSA Assembly (Think Tank) Member, 2010-2011 NIRSA Research and Assessment Committee Member, 2010-2011, Chair, 2011-2013 NIRSA Wellness Committee Chair, 2006-2009 NIRSA Health and Wellness Knowledge Community Chair, 2007 TAMU-CC Doctoral Inspiration Group, student organization member, 2006 — 2009 NIRSA Exhibit Hall Committee 2004-2006 NIRSA Research Committee, 2002-2004 NIRSA Facilities Symposium, Coordinator/Host, October 2000 NIRSA Facilities Committee Chair, 1999/2000, 2000/2001 NIRSA Aquatics Committee Member, 1991-1993 NIRSA Health and Wellbeing Commission Member 2015 National Aquatics School Lifeguard Instructor/CPR Instructor (University of Texas), 1991-1992 NIRSA Life Member, member since 1987 TACUSPA (Texas Association of College and University Student Personnel Administrators) Member since 2009 NASPA (National Association of Student Personnel Administrators) Member since 2009 ACHA (American College Health Association) Member since 2013 PRESENTATIONS AND PUBLICATIONS (recent) Hamilton, J. (2013). Assessment in Campus Recreational Sports. In NIRSA, Campus Recreational Sports: Managing Employees, Programs, Facilities, and Services. Human Kinetics, 2013 3 J. Hamilton Dissertation: Effects of an employee wellness program on physiological risk factors, job satisfaction, and monetary savings in a South Texas University, 2009 Return on Investment for Wellness, NIRSA 2015 You Can't Be a Leader without Followers, NIRSA 2015 By the Numbers: How Changing Demographics Impact University Recreation, NIRSA 2015 Sleep: Promoting Its Value in Wellness and Mental Performance, NIRSA, 2014 Lifelong Learning: Taking Control of Your Professional Development, NIRSA, 2014 Be Well So We Can All Excel (invited), Women's Leadership Institute, 2013 Healthy Campus 2020, NIRSA, 2012 Fusion Facilities (panelist), NIRSA, 2012 TAMU-CC Employee Development Day — Be Well To Excel, 2014; Sleep, 2013; Play, 2012 Research and Assessment, a How -To Workshop for Campus Recreation (coordinated presentation team), NIRSA, 2011 Effects of an Employee Wellness Program on Physiological Risk Factors, Job Satisfaction, and Monetary Savings in a South Texas University (poster presentation), American Psychological Association, 2010 Effective Measurement, NIRSA, 2010 Designing Places to Play: Changing Trends in Student Life Buildings (co -presenter), Texas College and University Facilities, 2009 The Wellness Wheel, Texas Association of Collegiate Registrars and Admissions Officers, 2008 Wellness Committee Survey Results, NIRSA, 2007 American College Health Association Healthy Campus 2020 Writing Team Member, 2008-2011 External Reviewer, Campus Recreation, University of Texas at Arlington, March 2011 Strategic Planning Consultant, Stanford Recreation, March 2015 AWARDS NIRSA National Service Award, 2001 TAMU-CC Women's Center Board 2003-2005, Unsung Hero Award, 2005 Awarded $60,000 grant from Texas General Land Office Coastal Management Program, 2005 VOLUNTEER ACTIVITIES Texas General Land Office Beach Clean Up Texas A&M University -Corpus Christi Commencement volunteer NIRSA Foundation quilt -maker for scholarship auction Tutoring for graduate students in statistics Habitat for Humanity 4 City Of Corpus Christi MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD BOARD DETAILS SIZE 8 Seats TTERM LENGTH 3 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Arlene Medrano 0 (361) 826-3355 arlenem@cctexas.com The Museum of Science and History Advisory Board serves as an advisor to the Museum Department and to the City Council in matters of support and development of the museum. The Board may adopt comprehensive policies relating to the following: (1) Management of collections; (2) Acquisitions for the collections; (3) Disposition and the de - acquisition of objects in and for the collection; (4) Use of museum facilities. �q DETAILS COMPOSITION Six (6) members appointed by the Mayor, with advice and consent of the Council, to be selected as follows: Two (2) nominated by Friends of the Museum; Four (4) nominated by the Mayor w ho shall seek at least one member from each of the following fields: K-12 Education, Higher Education and the Business Community. Ex -officio members shall include the City Manager and Superintendent of CCISD, or their designated representatives. The Mayor may also choose other advisory members he/she deems serves the best interest of the museum. The term of each advisory member shall be three (3) years. CREATION / AUTHORITY Section 2-90, Code of Ordinances. Ord. No. 11090; 19350 - 6/10/86; 20294 - 5/3/88, 029642 10/09/12. MEETS At least once quarterly at noon at the Museum of Science and History Conference Room at 1900 N Shoreline Blvd. TERM DETAILS Three-year terms. DEPARTMENT General Government & Operations Support Museum of Science and History Advisory Committee July 14, 2015 One (1) vacancy with term to 12/11/15 representing the following category: 1 - Business Community, Higher Education or K-12 Education Representative. (Appointed by the Mayor with advice and consent of the Council.) Name Board name Status District Term End date Category Position O.K. Smith Shannon Madden Scott Sutherland Steve Arnold Dr. Jonda Halcomb Cary Pereles Anita Eisenhauer Amanda Leal MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Resigned Active Active Active Active Active Active Active District 5 District 3 District 4 District 5 District 4 District 2 District 1 District 1 Partial 1 1 Partial 1 Partial Partial Partial 12/11/15 12/11/15 12/11/15 12/11/15 12/11/15 12/11/15 12/11/15 12/11/15 Business Community Advisory, non-voting Business Community Friends of the Museum Higher Education K-12 Education Advisory, non-voting Friends of the Museum Member Member Member Member Chair Member Member Member Museum of Science and History Advisory Committee July 14, 2015 Name District George Brown District 4 SELF-EMPLOYED Sonia Castillo District 5 3RD COAST RESEARCH ASSOCIATES Prasant Chhotu District 5 US ARMY-AMRDEC Robert T. Trevino District 5 CORPUS CHRISTI ARMY DEPOT Jeremy L. Coleman District 2 BROOKS CHAPEL DEVELOPMENT CENTER, INC. Kathryn M. Wemer District 4 CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT i_ ® Work Phone 6000 S. STAPLES, STE. 404 Corpus Christi 10221 Ave E, Bldg 1770, Mail Stop 55 Corpus Christi Corpus Christi Business Community TX 361-288-4668 Business Community TX 361-961-2023 Business Community TX 361-961-4296 Business Community Business Community or K-12 Education K-12 Education BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 24, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile George Brown Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? FOOD SERVICE ADVISORY COMMITTEE, MARINAADVISORY COMMITTEE, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111011111111111111111 Primary Phone Alternate Phone SELF-EMPLOYED Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State INSTRUCTOR FOR SERVSAFE Job Title WorkAddress - Zip Code Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) ROY MILLER HIGH SCHOOL DEL MAR COLLEGE USMC ELECTRONIC'S TECH REAL ESTATE AGENT- CENTURY21 RESTAURANT KITCHEN MANAGER AT KNUCKLEHEADS TECHNICAL MANAGER - CHUCK E CHEESE Registered Voter? Yes Q No Current resident of the city? DYes No 73 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to FOOD SERVICE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Local Food Manager from Food Service or Food Processing Industry Question applies to MARINAADVISORY COMMITTEE . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Engineer ❑ Environmentalist ❑ Restaurant Representative (located within boundaries of marina) ❑ Scientist, i.e. Marine Biologist Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Business Community BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 18, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Sonia Castillo Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, MAYOR'S FITNESS COUNCIL, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, REGIONAL HEALTH AWARENESS BOARD, TRANSPORTATION ADVISORY COMMISSION Street Address City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41101•11.1•10 1111111101.1111111 Primary Phone Alternate Phone 3RD COAST RESEARCH ASSOCIATES COORDINATOR Employer Job Title 6000 S. STAPLES, STE. 404 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX Suis: State Postal Code WorkAddress - State 78413 WorkAddress - Zip Code 361-288-4668 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELOR OF ARTS - NATURAL SCIENCE MASTER OF SCIENCE - ENVIRONMENTAL SCIENCE CLINICAL RESEARCH INDUSTRY/MEDICAL RESEARCH INDUSTRY- 16 YEARS COMMUNITY OUTREACH REGARDING CLINICAL RESEARCH AWARENESS Registered Voter? QQ Yes No Current resident of the city? QQYes No 5 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health and Human Services ❑ Law Enforcement ❑ Education ❑ Youth and Family Services ❑ Nueces County District Attorney's Office ❑ Youth Representative, 16 - 21 years of age at time of appointment Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness ❑ Disability Networks ❑ Senior Initiatives ❑ Youth Initiatives ❑ Community Outreach Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ K - 12 Education ❑ Higher Education ❑ Business Community ❑ Friends of the Museum Nominee Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Oil and Gas Well Industry Nominee ❑ Not Connected with Oil and Gas Well Industry Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? QYes No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Prasant Chhotu Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11.000.11. Primary Phone Alternate Phone US ARMY-AMRDEC Employer 10221 Ave E, Bldg 1770, Mail Stop 55 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78419 Aerospace Engineer WorkAddress - Zip Code 361-961-2023 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: HOA Prairie Estates, Secretary Education, Professional and/or Community Activity (Present) M.S. Industrial Engineering Registered Voter? QQYes No Current resident of the city? QQYes No 15 If yes, how many years? Prasant Chhotu Resume 2015.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Asian or Pacific Islander Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Friends of the Museum Nominee OBJECTIVE: EDUCATION: RELATED COURSE WORK: PRASANT CHHOTU I am seeking a senior engineering position in the manufacturing industry focusing on operational management and process improvement. Texas A&M University -Kingsville Kingsville, TX 78363 Masters of Science in Industrial Engineering May, 2003 GPA: 3.70/4.00 Thesis Topic: Forecasting Fatigue Allowances Using Artificial Neural Networks Bachelors of Science in Industrial Engineering, Dec, 1999 GPA: 2.92/4.00 Member of Foundation Coalition (Sponsored by National Science Foundation) • This program teaches all disciplines of engineers to work in- groups by changing the classroom environment and integrating the course curriculum. Senior Design Project • Designed and tested a vehicle which can pick up rocks using a radio control for the 1999 ASME Student Design Contest Statistics, Statics and Dynamics, Thermodynamics I, Material Science, C Programming, Numerical Analysis, Electrical Engineering, Computer Design (Cad Key), Physics I-II, Calculus I -III, Differential Equations, Operations Research, Motion and Time Study, Facility Design, Quality Control, Manufacturing Processes, Human Factors/Ergonomics, Reliability, Simulation, Quality Management, Biomechanics, Feature -Based CAD/CAM, Factory Physics EMPLOYMENT HISTORY: Research Development Engineering Command, Aviation Engineering Directorate, Maintenance Engineering Division (AEM) ((07/21/2008 - Present) - Aerospace Engineer Corpus Christi, Texas United States Supervisor: Humberto Hernandez - 361-961-2771 Pay Grade: DB - 0861 — 03 Hours per week: 40 Maintenance, Acquisition and Projects Branch (August 2013 — Present) Duties: Managed engineering service contract for the division. Refined the Performance Work Statement (PWS) and coordinated with AMCOM Contracting Office and AMCOM Legal office Chhotu, Prasant to ensure the PWS meets the Federal Acquisition Regulation and started the process for contract award as a Contractor Officer's Representative (COR). As a COR, I managed the contract to ensure contractor met or exceeded contract requirements to support the Division and Aviation Customers' needs. I also ensured contractor stayed within budgeted labor hours for each project and reviewed all reports of work completed. Additionally, my other primary functions were to support Conditional Based Maintenance projects and ensure the projects were executed within the allotted schedule and budget by coordinating with other AED Divisions and personnel within AEM. I also supported M&O [Organic (NMP) & Commercial (ICAPP)1 programs to ensure the Maintenance Division executed maintenance plan reviews within the allotted time. Developed and implemented Division maintenance policies and Standard Operating Procedures for Shot Peening, Aircraft Bearing inspection and Conditional Based Maintenance (CBM) Teardown Analysis. Lead Integrated Process Review for developing a standard policy for using Plastic Media for stripping coatings from airframes and various airframe components and secondary components. Other duties included securing Army Work Capital Funds from the AMCOM Logistics Center (ALC) for supporting Cost Wise Readiness Projects. I received funding for re-evaluating RECAP standards of secondary component items and lead a team to implement changes to technical manuals for implementation. I also submitted several funding proposals for various engineering projects in support of ALC's Coat Wise Readiness Program. I also participated in teams which promoted insertion and implementation of new technologies towards aerospace maintenance and repair development. Such technologies were Isotropic Super Finish, Cold Spray Technology, Laser Additive Manufacturing and Tri -Chrome Application. Several of these efforts were in efforts to develop new repairs for components to reduce overall maintenance cost and in some cases reduce the negative environmental impact current repair methods may attribute to. I worked with several U.S. Army agencies to develop the repairs and implementation plan for these new technologies. Drive System Team, Propulsion Branch (July 2008 — August 2012) Duties: Served as a Maintenance Engineering Division (MED) Subject Matter Expert for Maintenance and Overhaul (M&O) related issues for UH60 Drive systems. I provided engineering support to ensure airworthiness and improved reliability and longevity of rotary drive systems (e.g., Main Transmissions, Gearbox and Rotor Head components). I resolved technical issues and ensured the technical accuracy of Depot Maintenance Work Requirements, Technical Manuals and data packages to ensure optimal maintenance standards for rotary aircraft systems. I also evaluated individual parts which did not meet repair requirements and performed engineering analysis to develop repairs to ensure part can regain airworthy status. Reviewed Maintenance and Overhaul Plans for organic (NMP) and commercial (ICAPP) aerospace repair facilities to ensure the plans meat all repair requirements to meet airworthiness standards. Performed acting team lead duties during team lead/designated team lead absences, i.e. managed and delegated incoming workloads, attended weekly staff meetings, addressed production issues Page 2 of 6 Chhotu, Prasant with depot shop supervisors, etc... During acting team lead role, always promoted teamwork, maintained a professional attitude, and treat team members and division personnel with politeness and respect. Developed and briefed my management and customers on various maintenance issues. Provide guidance and advice to my peers to ensure continuity and completion Continue to improve customer relation by providing expeditious responses to meet suspense dates and maintaining professional communications/dialogues. Corpus Christi Army Depot (04/05/2004 — 07/18/2008) - Industrial Engineer Corpus Christi, Texas United States Supervisor: Kelly Jackson - 361-961-5767 Pay Grade: GS - 0896 - 12 Hours per week: 40 Duties: I perform production process design for priority workload by serving as a project engineer, performing and initiating production design and improvements in support of production. Facilitating the depot's modernization plans, modernization planning and research and development of state-of-the-art production technology relating to facilities, process, and information, were also part of my job duties. I am responsible for the planning, coordination and direction of a process operations and functions through supervisors of individual work centers. I provided technical and organizational guidance to shop personnel related to meeting the process improvement for repair/overhauled of aircraft components. Lean and Six Sigma concepts are implemented to plan, schedule and improve production through researching man-hour allotments and tool requirements in order to reduce cost variances. Purchased and coordinated installation of shop floor equipment to reduce cycle time, improve quality, increase efficiency and reduce injury of illness of shop floor workers. I have the ability to develop and define measurement criteria, procedures, and processes/methods to meet the needs of CCAD production functions. My duties also include the ability to research and analyze information, develop new information about the project topic by collecting, reviewing, evaluating, and interpreting data using the best practices. I also have the ability to present findings, options, and recommendations via briefings and technical reports. As an Industrial Engineer, I have provided advice and recommendations on research techniques process changes, and new equipment acquisition to other engineers and analysts. Communicate with Aviation Missile Command (AMCOM) and Assistant Secretary of the Army for Acquisition, Logistics, and Technology (ASA(ALT)) to procure funds for equipment support for modernization and improvement. PROJECTS/TEMORARY DUTY (TDY): Transmission Shop Support Transmission Re -map (February 2005 — July 2008) I guide the Transmission Shop in improving production for UH -60, AH -64, CH -47, UH -1N, OH - 58 and AH -1W transmission and gearbox programs. Performed analysis to optimize production through introducing new/updated equipment, reorganize processes to better control and manage production to meet customer demand. Performed program management functions on contract in support to aid in collection of data and analysis to design ideal production layout. Also, coordinated and participated in Lean events such as 6S, 3P, Value Stream Analysis and Rapid Improvement Events. Estimated increase in production throughput by twenty percent. Developed optimal layout to improve throughput for UH -60, AH -64, CH -47 transmission and Page 3 of 6 Chhotu, Prasant gearbox programs. Established new work centers using Theory of Constraint concepts to manage the variability in repair cycle workload. Reduced in -shop inventory and created new work processes to support current customer demand. Created new process concepts to support long- term business plans for new workload. This included analyzing resource and personnel management coordinated with CCAD TELS partners, Boeing and Sikorsky, and determined cost - benefit analysis for the implementation plan. I served as a contracting officer representative (COR) and technical representative (COTR) to coordinate and direct contractors to coordinate installation of equipment and provide engineering studie s. Depot Throughput and Capacity Model (February 2005 — July 2008) Determined best approach to develop a throughput and capacity model for the CCAD using Theory of Constraints and Drum -Buffer -Rope to optimize production scheduling. Performed market research on depot operations to identify the validity of developing a model as well as looking at additional requirements needed to develop a throughput and capacity model. Developed a plan to support the Army directive for the Logistics Modernization Program (LMP) to implement a Manufacturing Execution System (MES) to support shop floor execution processes to control and measure production. Continually provided feedback to support implementation plan for MES to support Depot's business plan. Worked with the CAD LMP Office, Quality Engineering and IT office, Lead AMC Integration Support Office (LAISO) to help determine best approach for selecting the best MES system and integrate it into Corpus Christi Army Depots Business process. Army Materiel Command Southwest Asia Logistic Support Element (AMC LSE SWA) Deputy G1 (September 27, 2004 — February 15, 2005) I served in Kuwait as a Deputy G-1 Civilian Personnel Specialist. I tracked personnel accountability in theater, maintained databases used for force protection and personnel recovery. I prepared and maintained Battle Update briefing charts. I coordinated security for off -post missions of DA civilians supporting Operation Iraqi Freedom and Operation Enduring Freedom. I maintained the Table of Distribution & Allowances (TDA), and I assisted AMC personnel with personnel and pay issues. Optimizing parameters for the FlashJet System using Design of Experiments (May 2004 — September 2004) In an effort to optimize strip parameters using the FlashJet System, I helped develop several program and process variations using `Design of Experiments Surface Design Response Testing'. By interpreting statistical data and feedback from FlashJet technicians and their supervisor, I created a measurement control process that would predict changes in the process which optimized strip rates for removing paint on UH -60 aircraft. Cell Concept Layout for CH -47 Transmission Shop (June 2004 — September 2004) Page 4 of 6 Chhotu, Prasant Working in conjunction with CCAD Lean Office, I collected data on CH -47 transmissions (Forward, Aft and Combiner) to map out assembly process and create work cells to help reduce waste and non -value added steps to help reduce turn -around time and increase the quality of the product. Worked closely with shop personnel and supervisor as well as the Lean Office. Texas Engineering Experiment Station (10/01/2000 - 04/02/2004) - Engineering Research Associate III Corpus Christi , Texas United States Supervisor: Dr. John Ayala - 210-885-6552; Contact: Yes Hours per week: 40 Duties: As on-site manager I supervised up to twenty-six engineers in performing engineered time standards on various repairs for rotary aircraft components at Corpus Christi Army Depot (CCAD). Duties included generating progress reports, tracking labor hours and budget, auditing engineered standards, coordinating with CCAD personnel to schedule time studies, performing feasibility studies, developed proper billing structure for various shops, suggest and prepared briefings of ergonomic, safety, method and Lean improvements for shops with a return on investment analysis. Evaluate and advise CCAD Methods and Standards team on improving current processes of work and gathering data. Duties also included solving day-to-day issues with employees and supporting all employees to meet their job goals and expectations Knowledgeable of Lean Thinking and Lean Manufacturing. Participated in several Lean Events as support for the Lean/Transition office at CCAD. Additional duties also included writing contract proposals for engineering support, assisting in creating budget reports, recruiting, interviewing, and hiring employees for contacts. Velcon Filters (05/11/1998 - 03/01/2000) - Industrial Engineer Harlingen , Texas United States Supervisor: Tomas Gutierrez Hours per week: 25 Duties: Helped implement standards for manufacturing of pressure vessel fabrication for ISO 9000 registration and certification. Responsibilities included performing time studies and determining and standardizing weld rates and assembly rates for production and organize bill of materials and bill of operations. PERSONAL ATTRIBUTES: Accustomed to accepting responsibility, and doing the job right the first time. A team leader and capable of facing problems straight on with confidence. Honest, hard working, fair, ethical, quick learner are some of my best attributes. Always open to constructive criticism, new ideas and change. Page 5 of 6 Chhotu, Prasant HONORS AND ACTIVITIES: °Leadership Corpus Christi Class XLIII (4/2014-5/2015) • COR Certification (04/20/2012): Meridian KSI Knowledge Center On-line course teaches individuals the duties and responsibilities of becoming a Contract Officer's Representative. °DoD CORE Acquisition Member 2010 • Systems Planning, Research, Development and Engineering (SPRDE) — Program Systems Engineer Level III • Superior Civilian Service Award (02/12/2005) Serving as the AMC LSE SWA Deputy G-1 between October 2004 thru February 2005. °March 2004 — Applied Ergonomics Conference Ergo -Cup Runner up Topic: Education and Training °August 2003 — Presented Briefing at Force Health Protection Conference in Albuquerque, NM: Methods and Standards a Success Story °December 2003 — Skillpath Management Seminar: Managing and °Eliminating Unacceptable Behavior and Other Employee .95-96 - Engineering Student Council Representative for Industrial Engineering Department .95- Present - Member of Institute of Industrial Engineers .96- 99 - President of Engineering Student Council .96- 99 - Vice President Institute of Industrial Engineers SPECIAL SKILLS: Microsoft Office, Microsoft Excel, Microsoft Power Point, MS Windows 95, Statistica, Visual Slam, AweSim, Process Control Systems, Enterprise Resource Planning Systems, C programming, minor computer repair, worked with digital cameras, graphics software, lathe, milling machine and CNC machine, knowledgeable of laser and water machining technology, familiar with welding processes and speak Gujaratii. Page 6 of 6 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Dec 08, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Jeremy L. Prefix First Name Middle Initial Email Address Coleman Last Name Which Boards would you like to apply for? CLEAN CITYADVISORYCOMMITTEE, HOUSING AUTHORITY MAYOR'S FITNESS COUNCIL, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD, TREE ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111111111116 Primary Phone Alternate Phone BROOKS CHAPEL DEVELOPMENT CENTER, INC. CHAIRMAN/CEO Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No If yes, how many years? COLEMAN.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. African American Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to CLEAN CITYADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Primary, Secondary or High School Educator in City ❑ Local Chamber of Commerce Member ❑ Commercial Solid Waste Hauler ❑ Beautify Corpus Christi Association Member Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Youth Initiatives Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Higher Education Question applies to TREE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Landscape Architect ❑ Certified Arborist or Urban Forester ❑ Electric Utility Provider AEP, Texas Representative Mr. Jeremy Lane Coleman OBJECTIVE: To become employed with your company as an administrative assistant or office manager. HIGHLIGHTS OF QUALIFICATIONS: • Eight years office management experience • Three years classroom experience working with elementary population • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Well organized; strong in planning and implementing programs • Able to set and achieve goals • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Excellent communication skills — verbal and written • Skill in dealing with sensitive populations in a professional and concerned manner • Able to handle a multitude of details at once, meeting deadlines under pressure • A decision maker; resourceful, and works well independently or as a cooperative team worker • Self -motivated; able to learn anything on own initiative • Exceptional organizational skills PROFESSIONAL EXPERIENCE: • Manage and maintain executives' schedules • Prepare invoices, reports, memos, letters, financial statements and other documents using word processing, spreadsheet, database and presentation software • Read and analyze incoming memos, submissions, and reports to determine their significance and plan their distribution • Open, sort, and distribute incoming correspondence, including faxes and email • File and retrieve corporate documents, records, and reports • Prepare responses to correspondence containing routine inquiries • Perform general office duties such as ordering supplies, maintaining records, management systems and performing basic bookkeeping work • Prepare agendas and make arrangements for committee, board, and other meetings • Served as liaison to company executives on employee relations and job performance for call center • Provide assistance to students with special needs, such as those with physical and mental disabilities • Tutor and assist children individually or in small groups in order to help them master assignments and to reinforce learning concepts presented by teachers • Organize and Iabel materials and display students' work in a manner appropriate for their eye levels and perceptual skills • Enforce administration policies and rules governing students • Present subject matter to students under the direction and guidance of teachers, using lectures, discussions, or supervised role-player methods TECHNICAL SKILLS Computer literate Word, Excel, Access, PowerPoint, internet, QuickBooks, P.D.S., Quicken, Grassroots, data entry programs, 10 -key by touch, most office equipment including fax machine and copiers EMPLOYMENT HISTORY 5 years Instructional Assistant;'Substitute 2 years Senior Sales Representative I year 1 year 7 years Office Administrator Administrative Assistant Church Secretary EDUCATION (carra* prrrsurned B.A.,Business Administration Graduate Richard King High School Certification QuickBooks Pro2008 Certification TOPS Certification ESC2 West Oso ISD APAC N.A.A.C.P., Inc. Brooks Chapel E.C.D.,Inc. St. John Baptist Church Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Del Mar College Corpus Christi, TX Corpus Christi, TX Del Mar College Corpus Christi, TX E.S.C.2 Corpus Christi, TX PROFESSIONAL AND COMMUNITY ASSOCIATIONS • Chairman— Brooks Chapel Early Childhood Center,Inc. • President of Ignite Political Action Committee • Past Board Member- Sister City Council of Corpus Christi • Past County Board Member Nueces County Community Action Agency • Former Chairman and President Youth Council & Foundation of Corpus Christi • Former Board Member Mayor's Advisory Council • National Board Member— Camp Fire U.S.A, • Former Chairman of Health Committee -- N.A.A.C.P. • Member State of Texas Student Council Association • Past Secretary — N.A.A.C.P. Executive Committee • Past President — City -Wide Youth Council of Corpus Christi • Past G.S.A. Coordinator • Former Member of Student Government Association/Del Mar College • Past President and Founder — Barclay Grove Resident Association • Past Vice President — C.A.T.C.H. Youth, Inc. • Former Board Member of Sister Cities of Corpus Christi • Past President of Coastal Bend Young Democrats BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 06, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Robert T. Prefix First Name Middle Initial Email Address Trevino Which Boards would you like to apply for? AIRPORT BOARD, COMMITTEE FOR PERSONS WITH DISABILITIES, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111.1.1110111 VIMMIE11.11 Primary Phone Alternate Phone CORPUS CHRISTI ARMY DEPOT Employer WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State SUPERVISOR/DIRECTORATE OF MFG./PROC. PRODUCTION 78419 WorkAddress - Zip Code 361-961-4296 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE OF INCARNATE WORD ACADEMY. B.S. IN PROFESSIONALAERONAUTICS (EMBRY RIDDLE AERONAUTICAL UNIVERSITY). RETIRED UNITED STATES ARMY (AIR TRAFFIC CONTROLLER). Registered Voter? QQ Yes No Current resident of the city? QQYes No 9 If yes, how many years? TREVINO.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ K - 12 Education ❑ Higher Education ❑ Business Community ❑ Friends of the Museum Nominee 05/05/2014 20:26 3619614444 Rakers Ted Trevino Availability: Job Type: Permanent, Term. Internships Work Schedule: FuII.Timc_ Shin Work Work Experience: Corpus Christi Army Depot Serie; IA'}fr Pay Phut: WS Crntic; n 300 Crecy Street Corpus Christi, TX 75419 United bin:c. 01/2007. Present Hours per week. 40 Supervisor (This is n fulcra! Job) Dulles. Accamplinhmmrs and Related Skill': Serves as a Supervisor of fourteen emptayees in the repo and rcfurhushi ng of aimrnRcnmpnncatcontainers Plug, use rifsutterddmileworkers equipment fncililics. rind matcrstn on 11 week tenweck or mnnth-to-month both. establisher d:'d'in's, primroses. and work sequences, and plans work assignments based an gtnerni wnrk schedules, methods and policies Act by higher level matsagcmcnt. ns fettered, ennrdinncs work with $upporting or mimed work functions contmised by nldter wpervirorr Assigns wnrk In employees Observes work 'n progress, Investigates wok rehired proh'ents (e.g. low productivity, workload imbslanee, ;we rearrangement. and ncquisirron or developmcsm of apeetnliced ionic de ), sed dextrines causes. implements corrective action' within the authority to resolve work probems. rcoolvcs stnrllnn, engineering requirements. ons: work operations problems Recommend solurronr to ennrdinatrnn problems between work operation and other production find support organindlont to Include requcar for suppnrt servsees from line and/or staff opernttona (e g Praduc on Control). PIan and establish overall leave schedules. Counsel employees rm performeNee, Promote n positive wnrk environment for all employees. Supervinor Ned Mehnry (361.540) Okay CO conics Ibis Cnperv{.nr Vet U. S. Army Armed Forces Pncilic Korea. Republic of Cp Humphreys, South Karen 04/2004 - 0S/2005 Salary: 42,00000 USD Per Year flnura per week: 40 Air Traffic 1 insan/Plntnnn Sergeant Doric% Accomplishments And Related Skalds: Supervised over an orgnnizntiunnl segment of the ;it t And was respnnsiblc In planning and directing work operatic -is and exercised nominisuativt authority Regarded u the top sublcct mttlwr ripen for the irides And occupations in the nrgaili7.ntional unit under life incumbents supervision. perform safety dirtier and functions in support attic Army Safety Program. and rhic gni nn arid' management iron the Army processes Planned use ofsubordinnte workers' equipment, DeWitt, and materials on a week to wcck or month to month basis C anblished deedhaes, prmrit'es, and wnrk sequcnccn. and plans work aosignmenu bussed on genera work s.hC Iiik , methods. and policies set by hr;hcr Iced management Corned out rano: content dunes it ensure the safe conduct gumming in se cordon= with Bth Army rellutai.nns, pnheies, and pmeedures. S upervisor Cps, Kevin C. Mcrh,lh 1753.675') Okay la contact this Supervisors Yes U . S. Army Ft Campbell, KY United States 10/21101 - 0712004 Salary: 40,000 00 USD Per Year Noun per week: 40 9nhreTnwer Facility Chief Dories, AeenmplishmenIt nod 'tended Skills: Served as a d'nc lit, Chief/Air fniclk Cunftal Specialist (Tcrminril)nt Sabre Army 14cli,n Tnwcr Reepnntihte r0, the tore. Ardefiy Ord ewped'nnn:t now of al revert nper:uing in Sabre 'tower Areh or refptrnf ihidity, U Iiliscd tower radar And trisrint (lieu ride. insuurnene dight roles, special and corer VFR to effect Reparation between arriving, deporting and enroine air uafiie. Checked proposed route of dight for crossing dangerous or restricted arc's And for ATC infnrmnupn requires: fins proper entry int*the cortcct contro;hng agenc, Received and i nsmitmd '11 wrnlher and safety worniogs Alerted crash crew in rhe event of n,rern0 emergencies. Mnintnincd files on flying haps://my.usajobs.gov/Applicant/Resume/ListResumes PAGE 03 Pagel of3 ECE MAY 062014 Ida l l sEcRE r/ ~ 5/5/2014 05/05/2014 20:26 3619614444 regulations. informnuen publications. nisi naviptionol air information Miimlamedboth Individual Plight Record: Felder and Individenl Aireeew 7rninien Folder IAW FM 1-300 and AR 95-1 Pa?red and updated the NOTAM file daily Relayed weather information as received from NAS Weather Office. etc, that could affect the flight. to include weather warnings. nJvlsnnes. AbAcrvntinets, and forcenala Provided OIT instruction end puidenet in trainee controllers involved in gtinlineauna tra nmg fat their FAA Cl'r7 cent0cnte Counseled soldiers on pemferrrrnnce, set performance stnnderda and made Formol appraisal+ of subordinates' werh performnnee Recommended soldiers for premotlen and or ronsRtgnment. Reviewed job description for euneney and nccurncy and made nccesanry changes Counseled soldiers on problems and aJlucted informal compliants through discussion with the soldier initialed 'unease. for formal disciplinary actin as needed Supervlaor 2onalhwn R Hillock (435-2725) Okay to vintner This Supervisor: Yes U. S. Army Fort Rucker. AL 36362 United Stares 11511999 . 09f2001 5alory 3R.000 00 USD Pcr Yenr Hours per week! 40 lettruclor/W'nrer Dulirs. Aecompliehmenl+ and Related Skil: Conducted college level instruction for U 5. Army Aviation Conry insaruetm+earning developers in ilia rnslruecerTra.nmp Course .nd the Syiletns Appmash to Training (SAT) Cnurse and using the SAT process to thy to day 'mayflies Graduated from the Middle Managers Course Fncililaled small group .n lVuctron for 5-6 student trnvided Instruction to bods Mi Mery and Crvd an personnel, as well as, foreign surdents at. gned to he instructors nt the Army Avtaken War fighter Center and nbmitd. Fvaluatcd 1) S Army Aviation rnstniciors for Ili tnnnletnr recognition proven Cnndueted resenrch, edueriiiennl studies and developed training materieI ns required Developed and adjusted quuliry e04001 and inspection requirement+. mrtrucnons. methods techniques and procedure+ Researched new .nfnrnalien about subjects studied to elnrify and validate results Collected. reviewed, evaluated, and interpreted dein Presented findings. optrons. and recommitndli.tn+. via brcfines, srsff reports. projects, papers. etc Frowned reports of disrrapnneies, fnitnwed up and implemented enrreciwe action Reviewed. analyzed, and interpratad regulations. publications and directives penmen' to quality systema nnil technical work requirements Performs duties nue a lead Trainer to preparing lesson pians, upon; and cumin:in quaky Audio Skill in developing and prescntinp wt+nen And ern) moment And non.reehnical Information Supervisor Craig A Aliened (255.27711) Okay to correct thin Supervisor Yes U.S. Army F1 Wninwright, AK United Smits 04 1956 - OS/1990 5nlaryt 36,000 00 USD PC! Yen"' Hours per -Ceti' 40 Air Traffic Control Sprcinlint Shift Lender Met. Aerompliohmenrn and Related Skills: Served as Air Traffic Control Specrahat for n Viiuol Flight Rule (VFRl tower and a Neuquen Approach Cnntrnl Radar Approach Alternately performed mar entre. and tower re+rtnnsihthucs Way a+cigned 10/1111/00 amts of necretinn as requited to include shift supervisor and tratn.ng summer. Cnntmlled nlrtrnfl tieing molar, trimming preel is nlienment etIvith senich end precision mine Fcrccns Pslnttl+shed nml mninteined riesdive ender tdent liens on ol'nirerdfl, isium0 turns end altitude se as to ctlnblish rind maintain nppropnate sepnrMbona Vectored nircrnfl to the final approach 1001110 by issuing glide path and nzunut1 rformaton On final auutoac°,, ensured dial a.rersfl'ming vcctercd remind wrth•n the Alrfrelds delepmed Airspace Considered railer equipment cepnbi. ries, nitcmfls position, speed and nhitude in respect to terrain efeornnce. control towers traffic density. priorities emergencies. wenther and wind. lost communication and toss radar procedures. how approach will terminate. and airfield cnrtditinm. Made decisions involving dtc order of departure+ sad arrival;. dcspstial+ nfsetive runway and possible simultaneous ice of runway and ether landing nems issued mnntctions and elm:mnces to aircraft opeating in the tower's wren rf responsibility Considered the position. type. spccd, dircGuon, number end capabilities to aircraft wishing to depart from m 'and at this sirpnri Considered the pattern daemon. condition of runways, nppronches .n progress- none nbatement requirements, wake lurltulenee and trtrne information. Mode deem 021 involving the cam and direction nt dcpanures. arrivnh. lensed Instrument Flight Rules I I FR) clearances received PAGE 04 Page2of3 https://my.usajobs.gov/Applicant/Rcsumc/ListResumes 5/5/2014 05/05/2614 20:24 3619614444 Frnm FA] Approach Control rn pr vide Inih3I rcpat on between IFR aelval.Jdopan1u ruceeuive virval flight note wrlvdddcparturre U. S. Army Fed Recker, Al. 363d2 Unimd not= 0617 919 - 031177 Salary' 32,000,00 USD Per Yeu Nauru per 'mkt 10 PAGE 02 Page 3 of 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 10, 2013 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Kathryn M. Prefix First Name Middle Initial Email Address Wemer Which Boards would you like to apply for? MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111.111111111111 411111.114.111. Primary Phone Alternate Phone UUKF'UJ l,l—IKI , 11 INDEPENDENT SCHOOL DISTRICT SUBSTITUTE Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) RETIRED TEACHER BS IN EDUCATION FROM TEXAS A&I UNIVERSITY IN KINGSVILLE, TEXAS 4TH VICE -PRESIDENT -CORPUS CHRISTI ARE HERITAGE SOCIETY RETIRED TEACHER'S ASSOCIATION NUECES COUNTY HISTORICAL SOCIETYAND COMMISSION TEXAS TROPICAL TRAILS Registered Voter? QQYes No Current resident of the city? QQYes No 63 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ K - 12 Education ❑ Higher Education ❑ Business Community ❑ Friends of the Museum Nominee City Of Corpus Christi PLANNING COMMISSION BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years 1 Ratna Pottumuthu (361) 826-3585 CONTACT ratnap@cctexas.com The Planning Commission makes and amendsa master plan for the physical development of the City; to recommend to the City Council approval or disapproval of proposed changes in the zoning plan; to exercise control over platting or subdividing land within the corporate limits of the city and within an area extending five miles beyond the City limits; to submit annually to the City Manager not lessthan 90 days prior to the beginning of the budget year a list of recommended capital improvementswhich in the opinion of the commission are necessary or desirable during the forthcoming five-year period; to require information from other departments of the City government in relation to itsworIS to be responsible to and act as an advisory body to the City Council and to perform such additional duties and exercise such additional powers as may be prescribed by ordinance of the City Council. In addition, membersappointed to the Planning Commission are concurrently appointed to the concurrent Beach/Dune Committee (§10-17). This committee reviewsapplicationsfor master planned development ordinancesfrom applicants seeking beachfront construction, and submitstheir recommendationsto City Council. They also review the location of the dune protection line and beachfront construction line at least once every five years or within 90 days after a tropical storm or hurricane affecting the portion of the coast lying within the City'sjurisdiction. COMPOSITION Nine (9) members which shall consist of nine registered voters of the City ■ r appointed by the City Council for three-year staggered terms. Members elect a Chair from among its membership at the first regular meeting in August of each ■ year. DETAILS CREATION / AUTHORITY City Charter Art. 5, Sec. 1-6. The first Planning Commission ordinance w as adopted in 1937 and has been amended several times, the latest amendment being adopted 7-13-68. Sec. 10-17, Code of Ordinances; Ord. 022164, 2-28-95. MEETS Every other Wednesday, City Hall, Council Chambers, 5:30 p.m. TERM DETAILS Three-year staggered terms. DEPARTMENT Development Services Three (3) vacancies with terms to 7-31-18. Planning Commission Members July 14, 2015 lElmill Board name District Term End date Position Attendance Rate Jonas Chupe Mike Lippincott Philip Ramirez PLANNING COMMISSION PLANNING COMMISSION PLANNING COMMISSION Seeking reappointment Seeking reappointment Seeking reappointment District 4 District 4 District 4 Partial 7/31/15 Member 1 7/31/15 Member 1 7/31/15 Chair 77% 17/22 meetings 86% 19/22 meetings 91% 20/22 meetings Fred Braselton PLANNING COMMISSION Active District 5 1 7/31/16 Member Eric Villarreal PLANNING COMMISSION Active District 2 1 7/31/16 Member Jeremy Baugh Carl Crull Marsha Williams PLANNING COMMISSION PLANNING COMMISSION PLANNING COMMISSION Active Active Active District 1 District 5 District 3 Partial 1 1 7/31/16 7/31/17 7/31/17 Member Member Member Heidi Hovda PLANNING COMMISSION Active District 2 1 7/31/17 Member Gilbert "Gil" Hernandez District 5 COCA-COLA NORTH AMERICA Armando Mendez District 3 GATES CORPORATION OIL & GAS , District MEOW Gloria C. Aguilar Richard Burns District 1 RETIRED District 5 ALINEAR SOLUTIONS -MANAGEMENT SOLUTIONS OF SOUTH TEXAS Mr. William (Bill) L. Givens District 4 ISLA CUSTOM HOMES, INC. Eugene C. Guernsey District 4 GENE GUERNSEY& ASSOCIATES INC. REALTORS 15109 TESORO CORPUS CHRISTI TX 361-903-5901 446 ROBERT DR. CORPUS CHRISTI TX 361-993-8018 Frank Hastings District 5 PLAIN'S CAPITAL BANK 9517 SOUTH PADRE ISLAND DR. CORPUS CHRISTI TX 361-939-5602 Planning Commission Applicants July 14, 2015 5126 GREENWOOD DR. 134 44TH ST. CORPUS CHRISTI TX CORPUS CHRISTI TX 361-693-4217 361-885-3500 Tom Niskala Morgan Spear Diana Summers District 4 RETIRED District 4 MORGAN SPEAR ASSOCIATES District 4 HOGAN HOMES 225 S. CARANCAHUA 400 MANN ST. CORPUS CHRISTI TX CORPUS CHRISTI 361-883-5588 512-994-8786 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: May 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Gloria C. Aguilar Prefix First Name Middle Initial Email Address Which Boards would you like to apply for? NUECES COUNTYTAX APPRAISAL DISTRICT, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111111•11 411111.11malle Primary Phone RETIRED Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) DEL MAR COLLEGE - 2 YEARS DEPT OF TREASUREY- 10 YEARS TAXPAYER SERVICE REPRESENTATIVE TAX CONSULTANT -PERSONAL BUSINESS- 30 YEARS Registered Voter? QQYes No Current resident of the city? QQYes No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? QQYes No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 03, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Richard Burns Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone HLINLHK JULU 1 IVINJ- MANAGEMENT SOLUTIONS OF SOUTH TEXAS Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone CEO Job Title WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) MBA, AUBURN UNIVERSITY ALABAMA BA, UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL, NC COMMUNITYACTIVITY: LIFE TEEN VOLUNTEER, CHURCH PREVIOUS: GREATER AUSTIN AT WORK TASK FORCE; PRESIDENT, CENTRAL TEXAS DIVERSITY COUNCIL SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 3 If yes, how many years? BURNS2.pdf Upload a Resume BURNS.pdf Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. PERSONAL INFORMATION RICHARD J. BURNS ("RICH") EDUCATIONAL BACKGROUND Auburn University MBA University of North Carolina, Chapel Hill BA Summary: Accomplished Human Resources Professional (15 years' experience) with highly developed HR technical skills (HMS, MS Office, data reporting systems).. Highly experienced in employee skills assessments, job analysis, compensation structures. "Voices" (360 assessment) certified. Former Naval Aviator with extensive leadership experience of high performing teams. Served on the staffs of Chief of Naval Air Training and Commander Naval Air Forces Pacific Fleet in training standardization and manpower analysis capacity. Served as Commanding Officer NAS Pensacola and managed Civil Service function in that capacity. Excellent interpersonal skills --collaborative. Accomplished presenter and trainer. Extensive experience providing consultation and creative solutions to leaders and decision makers on HR issues, policies and laws. Currently manage an HR shop of 4 professionals. PROFESSIONAL EXPERIENCE THE UNIVERSITY OF TEXAS AT AUSTIN 2000 to January 2015 Austin, Texas The University of Texas at Austin is the Flagship of the University of Texas System. The University is a highly complex organization with approximately 50,000 students and 23,000 employees. In addition to the main campus, there are other research and satellite facilities in Austin as well as the MacDonald Observatory in Fort Davis, Texas and the Marine Science Institute in Aransas Pass. The University is one of the largest institutions of higher education in the country. ASSOCIATE ATHLETICS DIRECTOR FOR HUMAN RESOURCES Lead and Manage all HR functions for the NCAA Division! Athletics Department—a staffof400 permanent employees and 700 part time and temporary employees (state employees). Major departments include finance, facilities operations and maintenance, sports administration, event operations, communications, marketing and the Longhorn Foundation (fund raising), the Erwin Center entertainment facility. HR team supports ail human resources functions including recruiting, compensation, compliance, time and attendance, employee relations, training and development, benefits and salary administration, workers compensation. Works closely with risk management. DIRECTOR, STAFFING AND CAREER MANAGEMENT SERVICES Manage a team of human resource professionals providing services to campus clients in the areas of managing talent— recruitment, retention, compensation, job analysis, job design, compliance, diversity and compliance. Provide consultation to campus leaders and managers on recruitment and retention strategies, long range human resource strategic planning and organizational design. Use state of the art tools for developing salary structures, compensation analysis, and organizational analysis. Design and develop electronic solutions to automate processes. Serve as member of the Human Resource Services Management Team. Currently serve as consultant in human resource generalist role. Presented at numerous meetings and conferences including Texas Workforce Commission, Greater Austin At Work, WorkSource and the Texas Diversity Council state-wide conference. BLUE CROSS AND BLUE SHIELD OF FLORIDA 1995-2000 Jacksonville, Florida Blue Cross and Blue Shield is the largest health insurer in Florida -9000 employees—home based in Jacksonville with offices in Miami, Tampa, Orlando and Pensacola. It is rich in technology and human systems required to service the health insurance needs of its millions of members DIRECTOR, HUMAN RESOURCES (HRIS & PROJECTS) Had hands on leadership accountability for the implementation of PeopleSoft HR and Payroll (HRMS) plus eLabor Time and Attendance Management System (TAMS). SIOM project encompassed employee administration, benefits, compensation and payroll. Project (Phase 1) was completed on time and under budget. 30 project team members reported to me through a project management office (PMO). Cross functional team consisted of HR and Payroll professional staff, IT technical and systems integration partner --KPMG. Recognized for leadership and results. UNITED STATES NAVY Numerous leadership assignments and achievements as a successful career Navy Pilot flying advanced fighter jets aboard aircraft carriers. Experience included 5000 flight hours and flying operational missions during hostilities. Served as Squadron Commander, and Deputy Carrier Air Wing Commander and large base commander (Pensacola Naval Air Station). During career, consistently rose to positions of increased accountability and leadership in an organization that is complex and mission oriented in a global perspective. March 3, 2015 Ms. Rebecca Huerta City Secretary City of Corpus Christi, Texas Dear Ms. Huerta, Richard Burns Please accept my application for membership on City of Corpus Christi's boards, commissions, and committees. I have been residing in Corpus Christi since July, 2012 with my wife Penny, however, my association and with Corpus and the Coastal Bend goes back quite a bit longer. I met my wife while I was a Navy flight instructor at NAS Chase Field, Beeville after which we transferred Chief of Naval Air Training (1980), NAS Corpus Christi. Our son and grandson were both born in Corpus Christi. 1 am a graduate of the University of North Carolina, Chapel Hill and received a Masters in Business Administration from Auburn University, Alabama. As a former Navy Pilot, l served as Squadron Commander, Deputy Air Wing Commander and then Base Commander of Naval Air Station Pensacola, Florida—with its large, deep water port and high volume air field. After the Navy, I joined Blue Cross and Blue Shield of Florida in Jacksonville, Florida, where I served as Director of Human Resources Information Systems; and then became project leader for the purchase and implementation of PeopleSoft human resources management system, a $9M project, managing a team that consisted of 30 staff. In 2000 we returned to Texas and 1 began employment with the University of Texas at Austin (19,000 employees). I served as Associate Athletics Director for the NCAA Division 1 Athletics Department human resources function. The Longhorns Athletics Department had 400 permanent and 700 employees, with a budget of $160M. I left the University last month, January of 2015. I have a strong background in leadership roles in both the private and public sectors. 1 am anxious to serve in the community in areas where my experience will help. Please do not hesitate to contact me if you have any questions. I am attaching my application and resume. Sincerely, Rich Burns BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 29, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Mr William (Bill) Email Address L. Middle Initial Givens Last Name Which Boards would you like to apply for? PLANNING COMMISSION, SISTER CITY COMMITTEE Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41111111111111.111111111111 11111111111.1.1. Primary Phone Alternate Phone Isla Custom Homes, LLC Co -Owner and CFO Employer Job Tit 15109 Tesoro WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78418 WorkAddress - Zip Code (361)903-5901 Work Phone islahomesllc©yahoo.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, but I have contacted my city council member about a nomination for the Planning Commission and the Sister City Committee also. Education, Professional and/or Community Activity (Present) Dual Master's degree in Management & Leadership and Human Resource Development. Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College. Registered Voter? QQYes No Current resident of the city? QQYes No 37 years (30 while in the USAF) If yes, how many years? William L. Givens _Resume _Summer 15.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QQYes No William L. Givens Comprehensive leadership and resource management experience. Proven at leading/assessing both people and mission -focused cross -functional teams at operational and strategic levels. Experienced motivator and problem solver committed to short and long-term organizational success. Develops/implements policy, emergency response, safety programs and training development Strong Work Ethic/ Program Management/ Aviation Technical Advisor/ Organizational Change/ Resource Development/ Process Analysis/ Lean Thinking/ Effective Communicator/ Technical Writer/ Employee Relations/ Complex Problem Solving/Root Cause Analysis/ Policy Development/ Team Building/ MS Office Suite PROFESSIONAL EXPERIENCE Isla Custom Homes, LLC Corpus Christi, TX Co -Owner and CFO Jan 2015 to Present Responsible for planning, implementing, managing and controlling all business and financial - related activities. Paul Braly Framing (Construction) Corpus Christi, TX Site Operations Manager Nov 2014 to Present Plans, directs and coordinates residential and commercial construction projects. Responsible for resource management and safety. Preferred framing company for Caleb Custom Homes INC, Newport Custom Homes and Isla Custom Homes, LLC. Headquarters United States Air Force Pentagon, Washington DC Senior Program & Human Resources Manager May 2012 to Nov 2014 Responsible for manpower, organization and training policy for 104,000 world-wide full/part time aircraft maintenance workforce. Directly influenced AF's annual $10 billion formal training budget ensuring efficient use of funds and priorities. Routinely briefed/advised senior logistics leaders and senior corporate partners on mission and cross -functional employee matters. 30 -year United States Air Force Veteran Nov 1984 to Nov 2014 EDUCATION Dual Masters of Arts in Management & Leadership and Human Resource Development Webster University, St Louis, MO Bachelor of Science, Professional Aeronautics; minor in Business Administration & Safety Embry -Riddle Aeronautical University, Daytona Beach, FL Associates of Arts, Aircraft Maintenance Technology Community College of the Air Force Pursuing Project Management Professional Certification Syracuse University, NY CERTIFICATIONS/ SPECIALIZED TRAINING Adjunct Instructor (Aircraft Maintenance Technology) Del Mar College, Corpus Christi, TX FAAAirframe and Powerplant License Safety Program Management Certificate (Embry -Riddle) Numerous Mid and Senior Level USAF Leadership courses Active Top Secret/SCI Clearance (Expires Feb '19) PROFESSIONAL AFFILIATIONS • Member, Builder's Association of Corpus Christi • Member, Association for Talent Development (formerlyASTD) Metro DC Chapter • Member, Aircraft Maintenance Technology (AMT) Society • Member, Texas Aviation Association References and additional information provided upon request BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 10, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Eugene C. Prefix First Name Middle Initial Email Address Guernsey Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone GENE GUERNSEY& ASSOCIATES INC. REALTORS PRESIDENT/BROKER Employer 446 ROBERT DR. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78412 WorkAddress - Zip Code 361-993-8018 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? QYes No Current resident of the city? DYes No 52 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. El !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Hotel Industry ❑ Attraction Industry ❑ Restaurant Industry Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 08, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Frank Hastings Prefix Fir Name Middle Initial Email Address Last Name Which Boards would you like to apply for? PLANNING COMMISSION Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111.1111110 41111110000.111. Primary Phone Alternate Phone PLAIN'S CAPITAL BANK Employer 9517 SOUTH PADRE ISLAND DR. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78418 PRESIDENT Job Tit State Postal Code WorkAddress - Zip Code 361-939-5602 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BOARD MEMBER -DRISCOLL CHILDREN'S HOSPITAL FOUNDATION BOARD MEMBER - CORPUS CHRISTI HISPANIC CHAMBER OF COMMERCE BOARD MEMBER - FOOD BANK OF CORPUS CHRISTI BOARD MEMBER - RISE SCHOOL OF CORPUS CHRISTI BOARD MEMBER - PADRE LITTLE LEAGE Registered Voter? QQYes No Current resident of the city? QQYes No 27 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? DYes No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 27, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Gilbert "Gil' Hernandez Prefix Fir Name Middle Initial Email Address Last Name Which Boards would you like to apply for? PLANNING COMMISSION Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 11111111111.1111110 Primary Phone Alternate Phone Coca-Cola North America National Sales Manager Employer Job Tit 5126 Greenwood Drive WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State 78417 State Postal Code WorkAddress - Zip Code (361) 693-4217 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BBA Texas Tech University US Naval Officer with Service in Asia and the Persian Gulf Regional Transportation Authority Board (RTA) President, Coastal Bend Allstars Registered Voter? QQYes No Current resident of the city? QQYes No 12 If yes, how many years? Gil Hernandez Biol.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? DYes No Gil Hernandez, National Sales Manager Gil Hernandez has 14 years of foodservice, leadership, and sales experience with The Coca-Cola Company. Joining our National Foodservice & On -Premise Division in 2000, Gil has successfully managed the beverage business in various channels, including Convenience Retail, Cinema, QSR, and FSR. Gil is a veteran of the US Navy where he served as a Commissioned Officer specializing in Surface and Amphibious Warfare. Gil held various shipboard divisional and departmental leadership positions in Asia and in the Persian Gulf. He earned the Navy Achievement Medal for performance during the deployment to the Persian Gulf. He also served as the Director of Mine Warfare (MW) Training, ATG Ingleside where he was the deployment certifying authority for all MW ships. Gil holds a Bachelor of Business Administration — Management and Marketing with a minor in Naval Science from Texas Tech University. Gil and his wife Anissa are both natives of Texas, where they currently reside. They have three sons, (Marcus 15 / Adan 13/ Ian 4) and one daughter (Carissa 8). Gil is also involved in his local community, recently serving as a member of the Board of Directors for the Corpus Christi Regional Transportation Authority — a governmental taxing entity providing public transportation to the City of Corpus Christi and surrounding communities. While a board member, Gil spearheaded the organization into converting from Diesel to Natural Gas as a primary fuel source which led to the saving of $1.5M a year in fuel expenses. In addition, Gil served as a member of a Coca-Cola delegation that lobbied the Texas State House of Representatives on multiple occasions against sugar beverage taxes. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 09, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Armando Mendez Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY LANDMARK COMMISSION, OILAND GAS ADVISORY COMMITTEE, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone GATES CORPORATION OIL & GAS RESOURCE PLANNER Employer Job Title 134 44TH ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78405 WorkAddress - Zip Code 361-885-3500 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELORS BUSINESS ADMINISTRATION AND ECONOMICS/TAMUCC CLASS OF 2008 FORMER LANDMARK COMMISSION BOARD MEMBER/CITY OF CORPUS CHRISTI 2012-2013 TEXAS CHI SIGMA PHI EPSILON ALUMNIASSOCIATION MEMBER TEXAS A&M UNIVERSITY -CORPUS CHRISTI ALUMNI MEMBER Registered Voter? QQYes No Current resident of the city? QQYes No 25 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQYes No Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Historian ❑ Licensed Real Estate Salesperson ❑ Registered Architect ❑ Structural or Civil Engineer ❑ Title Search and/or Property Surveyor Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Oil and Gas Well Industry Nominee Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Feb 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Tom Niskala Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111011111111111111111 Primary Phone RETIRED Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 34 If yes, how many years? NISKALA.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQ Yes Q No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Biographic Overview of Tom Niskala • Bom and raised in Cleveland, Ohio; • Graduated from Cleveland State University with a Bachelor of Business and Master of Urban Studies; • Worked with a nationally recognized transportation consulting company and subsequently in the Marketing and Planning Division of the Cleveland Transit System; • Went to Washington, D.C. with a national transportation trade association as the Director of Statistics; • Came to Texas as Director of Planning and Marketing with a public transit management company in Houston and subsequently became the Assistant to the Executive Director of the Houston Metropolitan Transit Authority; • Came to Corpus Christi in 1981 as the General Manager of the City Transit System and was instrumental in forming the Regional Transportation Authority known as the "B" in 1986 and was the first General Manager until 1996; • Left the RTA to become an independent consultant in 1996 and took on the role as President / CEO of the Corpus Christi Chamber of Commerce in 2000; • Took the opportunity to return to transportation as the Transportation Planning Director of the Corpus Christi Metropolitan Planning Organization in February, 2004 and retired in January 2015; • Served on numerous Boards and Commissions including the City Planning Commission, Leadership Class XIII and Steering Committee Chair XVI. Served as President of the Southwest Transit Association and on the Executive Committee of the Texas Transit Association and TEMPO (Texas Association of MPO's). BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 05, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Morgan Email Address Spear Middle Last Name Initial Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION, PORT OF CORPUS CHRISTIAUTHORITYOF NUECES COUNTY TX Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone MORGAN SPEAR ASSOCIATES PRESIDENT Employer Job Title 225 S. CARANCAHUA WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78401 WorkAddress - Zip Code 361-883-5588 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) FORMERLY SERVED ON THE BOARD OF ADJUSTMENT BACHELOR OF ARCHITECTURE DEGREE FROM UNIVERSITY OF TEXAS IN AUSTIN 1957 LICENSED TO PRACTICE ARCHITECTURE IN THE STATE OF TEXAS JANUARY 1962 MEMBER OF NATIONAL COUNCIL OF ARCHITECTURE REGISTERED BOARDS 1984 MEMBER OF THE AMERICAN INSTITUTE OF ARCHITECTS MEMBER OF TEXAS SOCIETY OF ARCHITECTS BOARD MEMBER OF HOUSE COMMITTEE AT CORPUS CHRISTI COUNTRY CLUB BOARD MEMBER OF CENTENNIAL HERITAGE HOUSE BOARD MEMBER OF HARBOR PLAY HOUSE LITTLE THEATER CHAIRMAN OF THE BOARD OF PALMER DRUG ABUSE PROGRAM (PDAP) Registered Voter? Q Yes No Current resident of the city? QYes No 56 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? Q Yes Q No Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? QQ Yes Q No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? QQ Yes Q No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 22, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Diana Summers Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone HOGAN HOMES ASSISTANT TO THE PRESIDENT Employer Job Title 400 MANN ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City WorkAddress - State 78401 WorkAddress - Zip Code 512-994-8786 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDITASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? QQ Yes No Current resident of the city? QQYes No 2 If yes, how many years? BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Z !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Diana Brown Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $crounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) City Of Corpus Christi TRANSPORTATION ADVISORY COM M ISSION BOARD DETAILS OVERVIEW As, SIZE 9 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years CONTACT 1 Guadalupe Salas (361) 826-3547 guadalupes@cctexas.com The Transportation Advisory Committee is responsible for providing a public forum for the discussion of propod ordinancesoractions relating to traffic operations and transportation planning matters; advise the City Council and City Manager or designee on traffic regulations and Chapter 53 — TRAFFIC of the Corpus Christi Municipal Code; conduct any required public hearing for the purposes of obtaining federal and state financial assistance for proposed transportation improvement projects (the substance of any comments and review by the Transportation Advisory Commission will be summarized for City Council); independently review grant applicationsfor transportation improvement projects; promote public knowledge of traffic enforcement and understanding of City transportation issues; promote public acceptance of transportation programsthat are propod or initiated by the City and provide advice on regional transportation issues; provide recommendations on mobility, access management, and traffic safety issues for the City's multi -modal transportation system, provide recommendations on transportation aspects of the City's Capital Improvements Program; monitor the implementation and evaluate the City's mobility related master plans; submit annual reports to the Planning Commission and City Council; independently review traffic safety reports for City streets and provide recommendationsfor traffic safety- related improvements; research, develop, analyze, evaluate, and implement coordinated traffic safety and transportation programs which meet local needs; independently review the decision, orders, and warrants of the City Traffic Engineer concerning installation of traffic control devices, establishment of traffic regulations and hear citizen comments concerning the matters; act on access management issues in the City's Unified Development Code and make recommendations on traffic impact analysis as per Unified Development Code to the Planning Commission and City Council. �q DETAILS COMPOSITION Nine (9) residents of the City appointed by the City Council for three-year terms. At least one (1) member shall be a representative of the bicycling community. The terms of three (3) members shall expire on May 1st of each year. The Commission elects a Chairman and Vice -Chairman annually at the first regular meeting following the annual appointments in May. The City Manager or designee may recommend for appointment ex -officio members. The Commission is authorized to appoint, as ex -officio members w ithout voting privileges, any additional members. CREATION / AUTHORITY Section 2-120, Code of Ordinances. Ordinance No. 3679, 3-3-54; amended by Ord. Nos. 6577, 10079, 10912, 11841, 17526, 20294 - 5-3-88; amended by Ordinance No. 30474, 4/14/15. MEETS 4th Monday of every month, 2:30 p.m., City Hall, Council Chambers TERM DETAILS Three-year terms. DEPARTMENT Street Department Transportation Advisory Commission Members July 14, 2015 One (1) vacancy with term to 5-1-16. Christina Cisneros -Guzman Leo Rios Dennis Miller Scott Harris Edd Price Robert M. Saldana Wilfredo Rivera Jr. Gretchen Arnold Anthony Gavlik TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION TRANSPORTATION ADVISORY COMMISSION Exceeded absences allowed by Ordinance Active Active Active Active Active Active Active Active District 5 Partial 5/1/16 District 4 Partial 5/1/17 District 5 1 5/1/17 District 1 1 5/1/16 District 2 2 5/1/17 District 5 Partial 5/1/16 District 2 1 5/1/18 District 2 2 5/1/18 District 4 1 5/1/18 Member Member Member Chair Member Member Member Bicycle Community Rep. Member Member Transportation Advisory Commission Applicants July 14, 2015 Name District Employer Work Address City St. Work Phone Elena J. Buentello District 3 CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION Sonia Castillo District 5 3RD COAST RESEARCH ASSOCIATES John Garcia District 1 COMFORT SUITES Thomas L. Knight District 4 RETIRED Rosemary Knippa District 1 VALDEZ FLEET SALES WHOLESALE VEHICLES William Bryan Menard Jr. District 2 MENARD ELECTRONICS, INC. Mark R. Steck District4 SELECTRANSPORTATION RESOURCES 5151 FLYNN PARKWAY CORPUS CHRISTI TX 6000 S. STAPLES, STE. 404 CORPUS CHRISTI TX 1814 ENNIS JOSLIN ROAD CORPUS CHRISTI TX 361-884-0687 361-288-4668 361-991-7100 361-815-2008 8001 I.H.37 CORPUS CHRISTI TX 361-694-8411 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 12, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Elena J. Prefix First Name Middle Initial Email Address B ue me llo Last Name Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 3 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 4111111111111111111111111111 111111XMON1114 Primary Phone Alternate Phone UUKF'UJ l,l—IKI , 1 1 METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION PLANNER Employer Job Title 5151 FLYNN PARKWAY WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 WorkAddress - Zip Code 361-884-0687 Work Phone Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BS KINESIOLOGY; GRADUATE WORK IN HEALTH EDUCATION, CREDENTIALED WITH THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS; EXPERIENCE WITH CITY TRANSPORTATION PLANNING AND ENGINEERING; EXPERIENCE WITH SUSTAINABILITY MOBILITY PLANNING; ACTIVE INVOLVEMENT WITH: LOCAL LEAGUE OF WOMEN VOTERS, PARENT TEACHER ORGANIZATION; MEMBER OF : LATINOS AND PLANNING; AMERICAN PLANNING ASSOCIATION, BAYAREA SMART GROWTH INITIATIVE. SEE ATTACHED RESUME. Registered Voter? QQ Yes No Current resident of the city? QQYes No If yes, how many years? Buentello.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. Z !Agree Board -specific questions (if applicable) Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes Q No 4'li) Elena J. Buentello, AICP COMMUNITY PLANNING / PROJECT MANAGEMENT/ BUSINESS COMMUNITY PLANNING PROJECT OPERATIONS Personal Info Professional Profile Core Competencies Creative and highly effective worker with experience in liaising and maintaining relationships for project success. Reliable project support, data analysis, and recommendation development. Proven ability to develop and lead an interdisciplinary team, providing proactive solutions and leadership skills with an eye for detail. Exhibits aptitude for overcoming challenges and motivating others in a politically sensitive environment with excellent verbal/written communications. Urban Planning & implementation: Land Use, Mobility, Infill Development, Zoning, Platting, Grant Writing Public/Business Relations. Workshops, Public Meetings, Community/Stakeholder Presentations, Customer Service, Advisory Boards, Elected Officials, Government Agencies Research: Data Acquisition, Compilation, and Analysis Project Management: Leadership, Time Management, Team Planning, Risk Identification Operations/Office Management: Budget Preparation, Performance Measures, Business Plan, Payroll, AP/AR, Budget Report, Training/Development Education Career Path Projects/Publications/ Presentations A.A., Kinesiology 1996 Del Mar College, Corpus Christi, TX; GPA: 2.5 B.S., Kinesiology zoos Texas A & M Corpus Christi; GPA: 3.4; Major GPA: 3.7; Concentration: Exercise Science;lHigh academic standing Texas A&M University, College Station, TX Relevant graduate coursework in: Health Education, Statistics, Exercise Physiology, Epidemiology Engineering, Assistant, City of Corpus Christi Engineering Services Planning Technician, C ty of Corpus Christi -Planning & Environmental Services Administrative Assistant, City of Corpus Christi -Development Services Graphic Designer, Bad Boy Graphix, Corpus Christi, TX Asst Manager, Central Texas Medical Center,Risk Management, San Marcos, TX Graduate Assistant, Texas A&M University, College Station, TX Research/Teaching Assistant, Texas A&M University Corpus Christi Office Manager, 1-A.r HVA:7, Corpus Christi, Tx MobilityCC : Plan -Design -Operate -Maintain. Strategic Framework for Mobility in the City of Corpus Christi "Descriptive Statistics of Division I Baseball Players." Poster presentation. TAMU Pathways to the Doctorate Research Symposium, November 2004. Symposium is hosted to provide opportunities for students to meet their peers and learn about research activities and community outreach. "Comparison of Field Methods in the Assessment of Obesity in Youth Participating in Summer Sport Camps." Poster Presentation. TAMU Pathways to the Doctorate Research Symposium, November zoos "Hand Hygiene Practices Among College Students." Oral Presentation. American Association of Public Health, November 2006. The annual APHA meeting is a premiere platform to share successes and failures and learn from expert colleagues and the latest research in the field. Anderson, J., Warren, C., Perez, E., Louis, R., Phillips, S., Wheeler, J., Cole, M., Misra, R., (2008) Gender and ethnic differences in hand hygiene practices among college student. Am. J. Infect. Control VoI.36 No.5 Elena J. Buentello, AICP BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Aug 18, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Sonia Castillo Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, MAYOR'S FITNESS COUNCIL, MUSEUM OF SCIENCE AND HISTORYADVISORY BOARD, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, REGIONAL HEALTH AWARENESS BOARD, TRANSPORTATION ADVISORY COMMISSION Street Address City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41101•11.1•10 1111111101.1111111 Primary Phone Alternate Phone 3RD COAST RESEARCH ASSOCIATES COORDINATOR Employer Job Title 6000 S. STAPLES, STE. 404 WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX Suis: State Postal Code WorkAddress - State 78413 WorkAddress - Zip Code 361-288-4668 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELOR OF ARTS - NATURAL SCIENCE MASTER OF SCIENCE - ENVIRONMENTAL SCIENCE CLINICAL RESEARCH INDUSTRY/MEDICAL RESEARCH INDUSTRY- 16 YEARS COMMUNITY OUTREACH REGARDING CLINICAL RESEARCH AWARENESS Registered Voter? QQ Yes No Current resident of the city? QQYes No 5 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health and Human Services ❑ Law Enforcement ❑ Education ❑ Youth and Family Services ❑ Nueces County District Attorney's Office ❑ Youth Representative, 16 - 21 years of age at time of appointment Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness ❑ Disability Networks ❑ Senior Initiatives ❑ Youth Initiatives ❑ Community Outreach Question applies to MUSEUM OF SCIENCEAND HISTORYADVISORY BOARD . Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ K - 12 Education ❑ Higher Education ❑ Business Community ❑ Friends of the Museum Nominee Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Oil and Gas Well Industry Nominee ❑ Not Connected with Oil and Gas Well Industry Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? QYes No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jan 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile John Garcia Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone COMFORT SUITES DIRECTOR OF SALES Employer Job Title 1814 ENNIS JOSLIN ROAD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78412 WorkAddress - Zip Code 361-991-7100 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 38 If yes, how many years? GARCIA.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Hotel Industry ❑ Attraction Industry ❑ Restaurant Industry Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY. Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) QQ Yes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes No JAN -06-2015 06:44 From: To :8263113 John Garcia John Garcia has been active in the hospitality industry for 19 years. 13o Christi, Garcia's first opportunity arose when he started at the Rama Conference Center in 1997. This experience adds supplemental fatnilia sales, hospitality, and strong community involvement. During his first 6 y he became a member of numerous organizations: Corpus Christi Ch (Ambassador), Corpus Christi Hispanic Chamber (Embajador). Hospi Association (Vice President, 2004) (HSMA Member of the Year 2004 Festival (Committee member) Dress for Success Volunteer; Transportatio Board member; NAACP Banquet Committee member. Corpus Christ Association member, Crirl Scouts of South Texas, Westside Business As the Corpus Christi Transportation Advisory Board. John also accomplished a graduate, certification course from the Carnegie. Garcia's experience as Sales Manager gave him an opportunity industry. In June 2003. he became Director of Sales & Marketing at the R Hotel on McBride Lane and Interstate 37. In April 2005 an opportunity Christi Convention Visitor Bureau as Destination Sales Manager for the s for the city. Is currently Director of Sales for a couple hotels in the great • John holds a great appreciation for the power of community, and his cont support is evident in his work performance Page:2'6 and raised in Corpus a Inn Bayfront & ity with conventions ars at the Ramada Inn. ber of Commerce lity Sales Marketing . and Harbor Lights Advisory Committee Greater Hospitality ociation member and estigious Dale o advance in the hotel ada Limited Airport arose at the Corpus oris & Mexico market r Corpus Christi area. need involvement and BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 19, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Thomas L. Prefix First Name Middle Initial Email Address Knight Last Name Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINN=M Primary Phone Alternate Phone Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) RETIRED BUSINESS OWNER AND TEACHER- DELIVERY ORIENTED BUSINESS THOROUGH KNOWLEDGE OF CORPUS CHRISTI STREETS REGULARLYATTEND TXDOT PUBLIC MEETINGS WANT CORPUS CHRISTI TO BE A TRANSIT -FRIENDLY CITY THAT CAN ATTRACT BUSINESSES AND RETIREES BA IN PUBLIC ADMINISTRATION BA IN EDUCATION AND SPECIAL EDUCATION Registered Voter? QYes No Current resident of the city? DYes No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes Q No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 26, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Rosemary Knippa Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? COMMISSION ON CHILDREN & YOUTH, MAYOR'S FITNESS COUNCIL, NUECES COUNTY TAX APPRAISAL DISTRICT, TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111.1.1110111 VIMMIE11.11 Primary Phone Alternate Phone VALDEZ FLEET SALES WHOLESALE VEHICLES OWNER Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State WorkAddress - Zip Code 361-815-2008 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SERVED ON APPRAISAL REVIEW BOARD 6 YEARS RETIRED FROM TELEPHONE CO. - MANAGER OF SALES, TRAINING ON SALES, SAFETY SETTING UP NEW OFFICES THROUGH OUT SOUTH TEXAS AND TRAINING STAFF EDUCATION - 2 YEARS BUSINESS COLLEGE- DEL MAR 2 YEARS Registered Voter? Yes Q No Current resident of the city? DYes No 60 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to COMMISSION ON CHILDREN & YOUTH. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health and Human Services ❑ Law Enforcement ❑ Education ❑ Youth and Family Services ❑ Nueces County District Attorney's Office ❑ Youth Representative, 16 - 21 years of age at time of appointment Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness ❑ Disability Networks ❑ Senior Initiatives ❑ Youth Initiatives ❑ Community Outreach Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? OQYes No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? OQYes ONo Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes Q No BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile William Bryan Menard Jr. Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? AIRPORT BOARD, ANIMAL CARE ADVISORY COMMITTEE, BOARD OF ADJUSTMENT, CIVIL SERVICE BOARD, CIVIL SERVICE COMMISSION, ETHICS COMMISSION, HUMAN RELATIONS COMMISSION, LIBRARY BOARD, MAYOR'S FITNESS COUNCIL, OIL AND GAS ADVISORY COMMITTEE, PARKS AND RECREATION ADVISORY COMMITTEE, TRANSPORTATION ADVISORY COMMISSION Street Address City District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 41101•11.1•10 1111111101.1111111 Primary Phone Alternate Phone MENARD ELECTRONICS, INC. Employer WorkAddress- Street Address and Suite Number WorkAddress - City PURCHASING MANAGER Job Title Suis: State WorkAddress - State WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BRAZOSWOOD HIGH SCHOOL, CLUTE, TX 1999; TEXAS A&M UNIVERSITY -CORPUS CHRISTI, B.A. IN POLITICAL SCIENCE -GRADUATING AUGUST, 2014. Registered Voter? QQ Yes No Current resident of the city? QQYes No 6 If yes, how many years? Bryan_Menard 2015 resume 2 .pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Local Animal Welfare Organization ❑ Veterinarian ❑ Animal Shelter Operator Question applies to CIVIL SERVICE COMMISSION, CML SERVICE BOARD. Have you resided in the City for at least 3 years? QQ Yes No Question applies to CIVIL SERVICE COMMISSION, CML SERVICE BOARD. Have you held public office during the past 3 years? Q Yes No Question applies to CIVIL SERVICE COMMISSION, CML SERVICE BOARD. Are you over 25 years of age? QQYes No Question applies to HUMAN RELATIONS COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Selling of Dwellings ❑ Renting of Dwellings ❑ Legal Aid Society Staff Member ❑ Youth Representative (not more than 20 years of age at time of appointment) Question applies to LIBRARY BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Friends of Corpus Christi Libraries Nominee ❑ La Retama Club Nominee Question applies to MAYOR'S FITNESS COUNCIL. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ❑ Health Care / Medical Professionals ❑ Worksite Wellness ❑ Disability Networks ❑ Senior Initiatives ❑ Youth Initiatives ❑ Community Outreach Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? O Yes QNo Bryan Menard Jr. Experience Menard Electronics, Inc. Houston, TX/Baton Rouge, LA/Corpus Christi, TX Special Projects Manager August 2012 - Present • Managed operations of multi -branch electrical and electronics distribution business • Analyze distribution operations and formulate strategies for improvements in productivity and reduce costs • Coordinate with management on recommended changes, collaborate via presentations, meetings, and regular on-site visits • Manage relationships with third -party vendors and suppliers • Decommissioned on-site servers; Implemented and continue to manage Office -in -the -Cloud functionality • Streamlined operations, moving toward paperless system slowly and methodically in order not to disrupt ongoing operations and continuity with existing staff members • Oversaw relocation of front-office functions from Louisiana to Texas • Managed and oversaw renovation of Louisiana facility from corporate headquarters to branch location • Rewrote and continue to manage operations and procedures manuals for accounting, sales, and warehouse operations • Built team of four accounting staff to manage new operation in Texas • Administer Prophet 21 Distribution System & Wireless Warehouse • Regular travel between Corpus Christi, Houston, and Baton Rouge • Extensive use of Webex/Teleconferencing for coordination between management of multiple branches, reducing travel & related expenses Purchasing/IT Manager November 2004 -August 2012 • Managed purchasing department of a multi -branch distribution firm • Expedited orders, updated required dates • Oversaw IT -related issues, including two major server installations/upgrades as well as day-to-day operations • Manage inventory valued at more than $ 500,000 • Converted warehouses to bar-code binning • Oversaw conversion from dot matrix to laser printing • Manage relationships with numerous major vendors • Correspond daily with manufacturers and suppliers • Implemented/Maintained Site -to -Site Secure VPN • Administered Prophet 21 Distribution System Inside Sales Representative June 2000 - November 2004 • Managed assigned accounts in the Baton Rouge, LA area • Provided sales support for assigned clients • Provided technical support to all clients of the Baton Rouge branch • Established new client relationships Education: Texas A&M University - Corpus Christi Corpus Christi, TX 110 hours toward BA - Political Science (part time) 2008 -Present Estimated Graduation: May 2016 Research Emphasis: Regulatory Politics Brazoswood High School Clute, Texas Graduation - May 1999 Additional Skills: • Class B Commercial Driver License • Experienced in Windows and Mac OS environments • Proficient in Microsoft Office • Excellent penmanship • 75 wpm typing rate References: Available upon request BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 18, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Mark R. Prefix Fir Name Middle Initial Email Address Steck Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111•11111•1111 41111.114.11111 Primary Phone Alternate Phone SelecTransportation Resources Account Manager Employer Job Tit €s 8001 I.H.37 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX. WorkAddress - State 78409 WorkAddress - Zip Code 361-694-8411 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No City Board or Committee activity currently. Actively involved in the transportation industry since 1972. 32 yrs. in the trucking industry owning and operating trucks specializing in the transportation of liquid and dry bulk hazardous materials. 10 years as a manager and sales professional in the trucking industry specializing in custom built vehicles targeted at heavy machinery and liquid and dry bulk hazardous materials. Over the last 4 years I have developed a passion for contributing to the betterment of Corpus Christi and a position on the Transportation Advisory Committee would be an ideal place to apply my expertise ,with the guidance of my fellow members , to help in the continuing growth of our community. Education, Professional and/or Community Activity (Present) Chamber of Commerce Infra Structure Committee Wednesday Morning Group Registered Voter? QQ Yes No Current resident of the city? QQYes No 4 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ❑ !Agree Board -specific questions (if applicable) Question applies to TRANSPORTATION ADVISORY COMMISSION. Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? Q Yes Q No AGENDA MEMORANDUM Future Item for the City Council Meeting of June 23, 2015 Action Item for the City Council Meeting of July 14, 2015 DATE: June 17, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey Edmonds, P.E., Director, Capital Programs JEdmonds@cctexas.com (361) 826-3851 Engineering Contract Master Services Agreement for Salt Flats Levee Certification, Phase 2 CAPTION: Motion authorizing the City Manager or designee to execute Master Services Agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $650,000 for the Salt Flats Levee System Certification, Phase 2 for a range of professional services related to the Flood Insurance Rate Map. PURPOSE: The purpose of this agenda item is to obtain authority to execute a Master Services Agreement with HDR Engineering for the Salt Flats Levee System Certification, Phase 2. The contract provides professional engineering support in order to identify and correct deficiencies in the Downtown flood protection system and to engage with FEMA in order to minimize the impacts from the new flood insurance rate maps (FIRMs). BACKGROUND AND FINDINGS: Downtown Corpus Christi is protected by a flood protection system consisting of eight elements: the Salt Flats Levee, Port Authority Wharf, the Promenade, Museum Floodwall, U.S. Army Corps of Engineers (USACE) Bulkhead, South Art Museum, Barge Dock and City Seawall, as well as two storm water pump stations located at Kinney Street and Power Street. According to 1985 Flood Insurance Rate Maps (FIRMs) issued by the Federal Emergency Management Agency (FEMA), the City's downtown area is shown as largely protected by the flood protection system and the Flood Zone was categorized as a Zone B in which flood insurance and substantial finished floor elevation above grade is not mandatory. In April 2012, the FEMA released draft FIRMs for Nueces County. The draft FIRMs showed that the City's Flood Protection System was de-accredited and the downtown area was regarded as a Zone AO with flood depths 2 to 3 feet. The draft FIRM has not been formally in effect; however, the updated downtown area of Zone AO would make the flood insurance mandatory for federally backed mortgages and require additional finished floor elevation for new development. The City signed a Provisionally Accredited Levee (PAL) agreement with FEMA in May 2012 which was a temporary solution intended to allow levee owners 24 months to collect certification documents ensuring the functionality of levee system. In order to more precisely reflect the level of flood hazard reduction that levee systems can provide, FEMA developed a new Levee Analysis Mapping Procedure (LAMP) approach in 2013. Nueces County was selected as one of 25 pilot projects across the U.S. to demonstrate the LAMP approach which superseded the PAL agreement. In November of 2013, the City administratively awarded a small AE contract to HDR Engineering, Inc. to provide the analysis of the existing flood protection system, design of improvements to correct deficiencies and provide certification documents necessary to meet regulatory requirements; however, there are many unknowns since the regulatory framework was rapidly evolving. As a result of the unknowns, Capital Programs has not been able to finalize a distinct scope of work for the City's AE contract with HDR Engineering to support the FEMA LAMP process. In response to this situation, Capital Programs proposes a Master Service Agreement with HDR Engineering to provide the professional engineering services required to support the FEMA LAMP Process. A Master Services Agreement (MSA) is a contract that details the most agreed terms and conditions that will govern future specific agreement. The MSA allows the City to individually award Task Orders for discrete scopes of work. The total AE contract fee will be limited to the not to exceed amount of the MSA contract. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: On Monday, June 15, 2015, this contract was presented to the Corpus Christi Business and Job Development Corporation (Type A Board) for their review and approval. The board unanimously approved the item and recommended City Council approval. Funds for this project have been previously appropriated through the FY 2015 Public Health & Safety Capital Improvement Program Budget. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $4,000,000 $3,000,000 $7,000,000 Encumbered / Expended Amount This Item (HDR) 650,000 650,000 Future Anticipated Expenditures This Project 16,000 BALANCE $3,334,000 3,000,000 $6,334,000 Fund(s): Public Health and Safety Comments: The agreement will result in the expenditure of an amount not to exceed $650,000.00 for HDR Engineering, Inc. RECOMMENDATION: City Staff recommends approval of a Master Services Agreement with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $650,000 for the Master Services Agreement for Salt Flats Levee System Certification, Phase 2. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Master Services Agreement for Salt Flats Levee Certification, Phase 2 FUNDS AVAILABLE: Public Health and Safety CIP Funds $ 7,000,000 FUNDS REQUIRED: Engineer Fees: Master Service Agreement (This Contract) Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) Engineering Services (Project Mgmt) Misc $ 650,000 6,500 8,500 TOTAL $ 665,000 * PROJECT BUDGET BALANCE $6,335,000 * These funds will be used for construction, and other related expenses, for necessary repairs discovered through this contract. LOCATION MAP NOT TO SCALE r Museum Floodwall E. Port Ave. Power Street Pump Station A r 1 t r r44 17( 4 r*. Kinney Street Pump Station B PROJECT: E12170 Master Services Agreement for Salt Flats Levee Certification Phase II CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 ("City") acting through its duly authorized City Manager or Designee (Director of Capital Programs) and HDR Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces, Texas, 78401, ("Architect/Engineer — AIE"), hereby agree as follows: 1. SCOPE OF PROJECT Salt Flats Levee System, Phase 2 (Proiect No. E12070) — Under this Agreement, NE will provide services on a Task Order basis (reference Exhibit A) for a range of services related to the Flood Insurance Rate Map (FIRM) update in the portion of downtown Corpus Christi protected by the downtown flood protection system. Work will be subject to authorization from CITY. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. Potential Task Orders include: FEMA LAMP Pilot Coordination, Interior Drainage Analysis, Ranking Suspected Flood Protection Deficiencies, Geotechnical Investigations, Deficiency Correction Plans, Corrective Measure Planning, Corrective Measure Design, Coastal Structure Evaluations, Floodwall Evaluations and other services as required. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. Contract for Engineering (NE) Services K1Engineering DataExchangelClarissaJlPublic Health & Salety1E12070 - Prelim FEMA Bayfront FIRM AssessmentlMultiple Project Agreement w HDRN CONTRACT PROFESSIONAL SERVICES.docx 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE NE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the NE a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $650,000.00, (in Numbers), Six Hundred Fifty Thousand (in Words). Monthly invoices will be submitted in accordance with Exhibit 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION Qualifications (RFQ) 2012-03. Waived for this project, Request For Contract for Engineering (NE) Services ICtEngineerrng DataExehangetClarissaftPuOlic Health & Safety1E12070 - Prelim FEMA am/front FIRM Assessment%Master Services Agreement w HDR11 CONTRACT PROFESSIONAL SERVICES.docx 8. ASSIGNABILITY The ANE will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the AIE staff. If the AIE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the NE fee may be assigned in advance of receipt by the AIE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractors field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J.H. Edmonds, P.E Date Arthur B. Colwell Director Capital Programs Vice President 555 N. Carancahua, Suite 1600 (361) 696-3300 Office RECOMMENDED Operating Department Date Date Contract for Engineenng (NE) Services KVEngineenng CaleExchengelClanssaJlPubIic Health 8 SafelyVE12070 - Prelim FEMA Sayfronl FIRM AssessrnentMultipfe Proiect Agreement w HORif CONTRACT PROFESSIONAL. SERVICES.docx APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary alt Flats Levee System. Phase 2 [Proiect No E12070 Fund Name Accounting Unit Account No. Activity No Account Category Amount Seawall System 3272-707 550950 E12070013272EXP 50950 $650,000.00 Total $650,000.00 Encumbrance No. Contract for Engineering (AfE) Services K.IEngineenng DataExchangelCiurissaJlPublic Healitl & SafetylE12070 - Prelim FEMA Bayfront FIRM AssessmenttiMultiple Project Agreement w HOR11 CONTRACT PROF ESSEONAL SERVICES.docx H�2 hdrinc.com May 29, 2015 Mr. Jeff Edmonds, P.E. Director, Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 220658 T AGREEEMENT FOR PROFESSIONAL SERVICES FOR SALT FLATS LEVEE SYSTEM, PHASE 2 — PROJECT NO. M2ti`- S IZo-7 Dear Mr. Edmonds, Thank you again for the opportunity to provide professional engineering, consulting, and related services to the City of Corpus Christi for the Salt Flats Levee System, Phase 2 Project. Enclosed are two copies of our proposed Multiple Project Agreement (MPA) for your review. If you are in agreement with the proposed MPA and Terms and Conditions, please execute both copies of the MPA and return one copy to us. We look forward to supporting your efforts on the Salt Flats Levee and related flood protection elements. Please call meat 361-696-3344 if you would like to discuss this in more detail. Sincerely, HDR ENGINEERING, INC. Daniel J. Heilman, P.E. Coastal Program Technical Leader DJHIj cm CC: Daniel Deng, P.E., Major Projects Engineer, Capital Programs Julio Dimas, CFM, Assistant Director, Development Services Cart Crull, P.E„ Vice President, FIDR Engineering, Inc. Curtis Beitel, P.E., CFM, HDR Engineering, Inc. Enclosures: (1) Multiple Project Agreement (2) Exhibit A — Task Order No. 1 (Sample) (3) Exhibit 13 — Terms & Conditions for Floodplain, Dams & Levee Professional Services (4) Exhibit C — HDR Schedule of Rates (No. 1-15) 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 T 361.696.3300 F 361-696.3385 Mas444- Serdic.CS T AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this day of 2015, between the City of Corpus Christi, hereinafter referred to as "OWNER," and HDR Engineering, Inc., hereinafter referred to as "ENGINEER," for engineering services as described in this Agreement. WHEREAS, OWNER desires to retain ENGINEER, a professional engineering firm, to provide professional engineering, consulting and related services ("Services") on one or more tasks under Project No. 3428 (Engineering Project No. E12070 in the Public Health and Safety category of the CIP 2014-15), "Salt Flats Levee System, Phase 2," in which the OWNER is involved; and WHEREAS, ENGINEER desires to provide such services on such tasks as may be agreed, from time to time, by the parties; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: SECTION I. PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as OWNER and ENGINEER agree will be performed under the terms and conditions of this Agreement. Each task ENGINEER performs for OWNER hereunder shall be designated by a "Task Order." A sample Task Order is attached to this Agreement and marked as Exhibit "A." No Task Order shall be binding or enforceable unless and until it has been properly executed by both OWNER and ENGINEER. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 In resolving potential conflicts between this Agreement and the Task Order pertaining to a specific project, the terms of the Task Order shall control. 1.3 ENGINEER will provide the Scope of Services as set forth in Part 2 of each Task Order. 1.4 Under this Agreement, ENGINEER will provide services on a Task Order basis (reference Exhibit A) for a range of services related to the Flood Insurance Rate Map (FIRM) update in the portion of downtown Corpus Christi protected by the downtown flood protection system. Work will be subject to authorization from OWNER. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. Potential Task Orders include: FEMA LAMP Pilot Coordination, Interior Drainage Analysis, Ranking Suspected Flood Protection Deficiencies, Geotechnical Investigations, Deficiency Correction Plans, Corrective Measure Planning, Corrective Measure Design, Coastal Structure Evaluations, Floodwall Evaluations and other services as required. Contracts Manual SMOEA - 1 EXHIBIT "A" Page 2 of 10 1.5 The actual schedule and duration for each task is subject to the detailed scope of work negotiated between OWNER and ENGINEER for desired tasks, the sequencing of the tasks, and the timing of OWNER's task authorizations. The actual schedule for each task will be established under Part 4.0, "Periods of Service," in each Task Order. SECTION II. RESPONSIBILITIES OF OWNER In addition to the responsibilities described in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Floodplain, Dams and Levee Professional Services" (file date May 2013), marked as Exhibit "B," OWNER shall have the responsibilities described in Part 3 of each Task Order. Contracts Manual SMOEA - 2 7-2000 EXHIBIT "A" Page 3 of 10 SECTION III. COMPENSATION Compensation for ENGINEER's Services shall be in accordance with Part 5 of each Task Order, and in accordance with paragraph 11 of the "HDR Engineering, Inc. Terms and Conditions for Floodplain, Dams and Levee Professional Services" (file date May 2013). The anticipated fee structure under this agreement is shown below. ENGINEER's fee for each Task Order will be established as a negotiated lump -sum amount, or on a time and materials (T&M) basis with a negotiated not -to -exceed amount. The fee for Task Orders that are authorized on a T&M basis will be determined using ENGINEER's current rate schedule. ENGINEER's 2015 rates are attached as Exhibit C. These rates are subject to revision in January each year. FEE STRUCTURE DESCRIPTION ENGINEER FEE Maximum Contract Amount112 $650,000 (max) Task 1 — FEMA LAMP Pilot Coordination TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task6—TBD TBD Task 7 — TBD TBD Task 8— TBD TBD Task9—TBD TBD Task 10 — TBD TBD Notes: exceed the maximum on a per -task basis prior that not all of the tasks fee of $650,000, 1. Total contract amount (i.e., the sum of the fees for all tasks) may not fee shown without an amendment to this agreement. 2. The detailed scope and fee amounts for each Task will be negotiated to execution of each Task Order (see Exhibit A). OWNER understands listed above can necessarily be performed within the maximum overall Contracts Manual SMOEA - 3 7-2OO( EXHIBIT "A" Page 4 of 10 SECTION IV. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc, Terms and Conditions for Floodplain, Dams and Levee Professional Services" (file date May 2013), which are attached hereto and marked as Exhibit "B," are incorporated into this Agreement by this reference. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF CORPUS CHRISTI "OWNER" BY: NAME: TITLE: ADDRESS: HDR ENGINEER ENGINEERING, -INC. "ENGINEER" BY: 713 a411 -U&/ - NAME: Arthur B. Colwell, P.E. TITLE: Vice President/Managing Principal ADDRESS: 1600 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 Contracts Manual SMOEA - 4 EXHIBIT "A" Pa•e 5 of 10 EXHIBIT A TASK ORDER This Task Order pertains to an Agreement by and between , ("OWNER"), and ENGINEER Engineering, Inc. ("ENGINEER"), dated , 20_, ("the Agreement"). Engineer shall perform services on the project described below as provided herein and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NUMBER: PROJECT NAME: PART 1.0 PROJECT DESCRIPTION: PART 2.0 SCOPE OF SERVICES TO BE PERFORMED BY ENGINEER ON THE PROJECT: PART 3.0 OWNER'S RESPONSIBILITIES: PART 4.0 PERIODS OF SERVICE: PART 5.0 PAYMENTS TO ENGINEER: PART 6.0 OTHER: Contracts Manual SMOEA - 1 7-2000 EXHIBIT "A" Page 6 of 10 This Task Order is executed this day of , 20 ENGINEER ENGINEERING, INC. "OWNER" "ENGINEER" BY: BY: NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: Contracts Manual SMOEA - 2 7-2000 EXHIBIT "A" Page 7 of 10 EXHIBIT B HDR ENGINEERING, INC. TERMS AND CONDITIONS FOR FLOODPLAIN, DAMS AND LEVEE PROFESSIONAL SERVICES Parties: HDR ENGINEERING. INC. ('ENGINEER' or'HDR'1 and the CITY OF CORPUS CHRISTI ('CLIENT or *CITY, 1. STANDARD OF PERFORMANCE Notwithstanding any other provision of any contract term between the ENGINEER and the CLIENT, the standard of care for all professional engineering. consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties. express or implied. under this Agreomcut or otherwise. in connocton with ENGINEER'S services. ENGINEER and CLIENT agree that no other party is an Intended or unintended third -party beneficiary of this contract. and that ENGINEER's duties run solely to CLIENT. 2. INSURANCEIINDEMNITY ENGINEER agrees to procure and maintain. at its expense. Workers' Compensation insurance as required by statute; Employer's Liability of 5250.000: Automobile Liability insurance of $1.000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles. owned and non.owned vehicles: Commercial General Liability insurance of S1.000.000 cornbined single limit for personal injury and properly damage: and Professional Liability Insurance of 51,000.000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors. or omissions for which ENGINEER is legally Gable. Upon request. OWNER CLIENT.ehall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER CLIENT. ENGINEER agrees to Indemnify OWNER CLIENT for claims to the extent caused by ENGINEER'S negligent acts. errors or omissions. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of Information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor. materials, equipment or services furnished by others, or over the contractor(e) methods of determining prices. or over competitive bidding or market conditions. ENGINEER does not guarantee that proposals. bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER'S observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work In accordance with applicable contract documents. ENGINEER shag not control or have charge of, and shall not be responsible for. construction means. methods, techniques, sequences. procedures of construction. health or safety programs or precautions connected with the work and shall not manage. supervise. control or have charge of construction. ENGINEER shall not be responsible for the acts ar omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those sot forth In this Agreement. OWNER CLIENT agrees to include ENGINEER es an indemnified party in CSAWNER CLIENTS construction contracts for the work. which shall protect ENGINEER to the same degree as OWNER CLIENT. Further, OWNER CLIENT agrees that ENGINEER shall be listed as an additional insured under the construction contractor's liability insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the where ENGINEER'S services are IQ ju performed. Venue Iles exclusively In maces County. Texas. Terms & Conditions for Floodplain. Dams And Levee Professional Services 0. CLIENT -PROVIDED SERVICES AND INFORMATION CLIENT will provide ail criteria and information pertaining to the project in CUENTs possession, and any requirements or budgetary limitations. The CLIENT agrees 4e -beer -WI FNGtNEFR shall bear no responsibility for the technical accuracy and content of CLIENT fumished documents, information and services. In perfonrdng services hereunder, it is understood by CLIENT that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further. it is the CLIENT'S sole responsibility to obtain the advice of an attorney, insurance counselor ar accountant to protect the CUENTs legal and financial interests. 7. SUCCESSORS AND ASSIGNS OWNER CLIENT and ENGINEER, respectively. bind themselves. their partners. successors. assigns. and legal representatives to the covenants of this Agreement. Neither OWNER CLIENT nor ENGINEER will assign. sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. B. RE -USE OF DOCUMENTS All documents, including alt reports. drawings, specifications. computer software or other items prepared or furnished by ENGINEER pursuant to Ihts Agreement. are instruments of service with respell to the project,. provided to the CLIENT as oart of ENGINEER'S performance of this poreament Therefore ENGINEER and CLIENT, retainstozovvnershtp of all sudi documents. OWNER sum reay sail retain copies of the documents for its Information and reference in connection ugh the project: however. none of the documents are Intended or represented to be suitable for reuse by OWNER CLIENT or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER CLIENT 's sole nsk and without liability ar legal exposure to ENGINEER. and OWNER CLIENT . tp the extent permitted by law, will defend, indemnify and hold harmless ENGINEER from all claims. damages. losses and expenses. including reasonable attorney's fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER CLIENT and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER CLIENT or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially falls to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is lump sum, or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. j( CLIENT terminates the Aa Bement CLIENT will maim Asn equitable adjustment to provide for termination eeitlemeel eimbursement of costs ENGINEER s a result of commitments that ENGINEER can show were Dart of the performance recurred under this Aoreemnnt. and that such commitments had become Bim before termination, and for a reasonabte profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision. term or condition shall mol be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER aria will make prompt payments in response to ENGINEER's invoices. 1 012 ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to die support of expenditures for income tax purposes. Receipts MU be available for inspection by OWNER CLIENT s auditors upon request. EXHIBIT "A" Page 8 of 10 If OWNER CLIENT disputes any items in ENGINEER's invoice for any reason. including the lack of supporting documentation, OWNED atm NT may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER CLIENT will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled. ENGINEER will include the disputed item on a subsequent. regularly sdteduled invoice, or on a special invoice for the disputed item only. OWNER CLIENT recognizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER CLIENT interest at the rate of one percent (1%) per month, but not to exceed the maximum rate allowed by law. on invoices which are not paid within thirty (30) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due. ENGINEER also reserves the right, after seven (7) days pnor written notice. to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no longe or modification to this Agreement, or any attachments hereto. shaft have any force or effect unless Iho diango is reduced to writing, dated. and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services. activities often are not fully definable in the initial planning. In any event. as the project progresses. the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER well inform 6lil t IEE �s IFNT of such situations so that changes In scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, orsuspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made. and the Agreement modified accordingly. 19. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal. purchase order. requisition. notice -to -proceed. or like document In resolving inconsistent or contradictory provisions between this Agreement and any other document or understanding. the terms of these Terms and Conditions shall control 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement. ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity for individuals based on color, religion, sex. or national origin. or disabled veteran. recently separated veteran. other protected veteran and armed forces service medal veteran status. disabilities under provisions of executive order 11246. and other employment. statutes and regulations. as stated in The 41 Part 60 of the Code of Federal Regulations § 60-1.4 (a -f). § 60-300.5 (a -e). § 60-741 (a - e) 15. CERTIFICATIONS The use of the word "certify' or -certification- by a registered professional engineer in the practice of professional engineering or land surveying cansblutos an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee. either expressed or implied. Certification of analyses is a statement that die analyses have been performed correctly and in accordance with sound engineering practices. Certification of structural works is a statement that the works are designed in accordance With sound engineering practices and client approved design toads. Certification of as built" conditions is a statement that the structure(s) has been built accord:1g to specifically identified drawings, specifications and contract documents to the extent tho structuro(s) is readily observable, is in place, and is fully functioning. The definition and legal effect of any and ail certifications shall be limited as stated herein. 16. EXECUTION This Agreement. including the exhibits and schedules made part hereof, cansbtute the entire Agreement between ENGINEER and GWAIGR Terms 8 Conditions for Fboodptain. Dams 2 of 2 And Levee Professional Services CLIENT. supersedes and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY CLIENT recognizes that ENGINEERS fee for performing services hereunder is nal commensurate with the risks associated with potential damages. losses or claims arising there from. As a result, CLIENT agrees that HOR's and its employees' total liability to CITY for any toss or damage, including third party losses, damages or claims, arising out of or in connection with the performance of services or any other cause, including ENGINEER'S and its employees' professional negligent acts, errors. or emissions, shall not exceed the greater of S50,000 eMhe total compensation received by ENGINEER hereunder. or tho amount of ENGINEER's liability insurance coveraoe limits. whyregardless of what cause of action(s) CLIENT may have including but not limited to Indemnity, contribution, and joint and several liability, and CLIENT shall, to the extent nermitted by law. indemnify, release and hold ENGINEER and its employees harmless from any liability above such amount. CLIENT further expressly waives any right of subrogation it may have against ENGINEER above such limitation. and agrees, to the extent permitted by law jg_.Aeferseandemnify and hold ENGINEER harmless for any subrogation claims of third -parties above such limitation. 18. LITIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is net a parry, CLIENT shall reimburse ENGINEER for reasonable costs in responding deswnents and shall pay ENGINEER its standard rates for providing expert witness seines when attending depositions. hearings, and trial. If ENGINEER is made a party to any litigation concerning CUENT's flood control structures. CLIENT shall, to the extent °ermined by law, reimburse ENGINEER for all reasonable costs of defense pending a final determination of ENGINEER'S professional liability. If ENGINEER is found by a court of competent jurisdiction to have boon negligent ENGINEER shall reimburse CLIENT the costs of defense paid by CLIENT. and shall satisfy any judgment up to ENGINEER'S rhitetiew-ei Iability insurance coverage limits. 19. MAINTENANCE OF STRUCTURES AND SYSTEMS CLIENT agrees that structures and systems studied, reviewed, analyzed or designed by the ENGINEER are dependent upon CLIENTS continued operation and maintenance of the project structures and systems in accordance with all. permits. taws and regulations that permit the construction and operations of the structure(s) and systems including any Engineer prepared operations and maintenance plans. Should CLIENT fail to maintain the structures to be in full compliance permits, approvals, and operations and maintenance plans, ENGINEER shall have no liability to CLIENT. and CLIENT shalt. to the extent oernittad by IOW Indemnify. release and hold ENGINEER and Its employees harmless from any Gabifrty resulting from any direct or consequential damage resulting from such non-compliance, including but not limited to claims made by third - parties against ENGINEER. 20. VISUAL INSPECTIONS For usual uapections. to the extent oermitted by haws CUENT hereby releases, holds harmless, Indemnifies and agrees to defend ENGINEER against any claims, damages. losses. liabilities. expenses or costs arising out of any failure to detect hidden. covered. Inaccessible, or Internal s1ucturat or material defects, corrosion, or damages In components, embedment, reinforcing. anchorages and parts of equipment. structures, or medanisms being inspected. that are not readily discernible by external visual Inspection through reasonable efforts. EXHIBIT "A" Page 9of10 F�2 EXHIBIT c SCHEDULE OF RATES These rales are effective through December 2015 PROFESSIONAL STAFF HOURLY RATE: Engineer I S113.50 Engineer II S 124.00 Engineer 111 $139.50 Engineer IV $155.00 Engineer V $170.50 Engineer VI $191.00 Engineer VII . $211.50 Engineer VIII $232.50 Principal Engineer . $253.00 Sr. Principal Engineer $273.50 Program Director, . , $294.50 Project Biologist/G1S Specialist $134.00 Environmental Biologist $155.00 Sr. Environmental Biologist .$175.50 Environmental Manager $196.00 No, 1-15 PARA -PROFESSIONAL STAFF HOURLY RATE Administrative Assistant $82.50 Drafter $85.00 Technician 1 $98.00 Technician II $111.00 Technician 1II $124.00 Designer Tech IV $137.00 EQUIPMENT/IT GPS RTK Survey Equipment ,.,.250.00/Day GPS Hand Held (Sub Meter) ... 135.00/Day Tow Vehicle 65.00/day + IRS rate + 10% Survey Boat 750.00/Day GPS Hydrographic Survey Equip 250.00/Day Acoustic Doppler Vclocimeter (ADV)....1,000.00/Wlc Water Level Logger .....300,00fWk IT Equip/Services 3.70/Hr EXPENSES Automobile (other than rental car) ......115 rate + 10% Iii house reproduction prevailing commercial rates Outside consultants cost plus 15% handling Outside technical services cost plus 15% handling All other expenses cost plus 15% handling 1. Charges are due and payable within thirty (30) days of receipt of the invoice. A charge of I% per month %s'ill he added for late payments. 2. Construction administration staff will be billed at an equivalent grade, depending upon qualifications. 3. Unlisted scientists and other non -engineer professionals will be billed at the rate of a comparable engineer grade. 4. Overtime for paraprofessional and non -registered survey staff will bc billed at 125% of the hourly rate and overtime will apply for boors worked in excess oil; hours per day or 40 per week. 5. Time spent preparing for and providing depositions or courtroom testimony will bc billed at 150% of the hourly rate, hdrinc.com 1555 N Carancnh a Sucre tbtka Carpus Christ, TX TH401.0850 EXHIBIT "A" Pa•e10of10 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR NE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant 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 Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non -renewal or material change required on all certificates Bodily Injury & Property Damage COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises -Operations 3. Products) Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2. Hired -Non-owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim 1$2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,0001500,0001500,000 K:tEngineering Dat aExchange1CtarissaPPubtic Health & Safety+E12070 - Prelim FEMA Bayfront FIRM AssessmentAlump a Project Agreement w I4ORL3 - Exhibit B - Insurance & Indemn f cn.doc EXHIBIT "B" Page1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant 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. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. F. 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). Consultant 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. Consultant 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 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. 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 policies; ii. 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; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. 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. K:1Enginoenng DataExchangevClamsaJ$Public Health & Safety1E12070 - Prelim FEMA Bayfront FIRM Assessment\Multiple Project Agreement w HDR1,3 - Exhibit B - Insurance & indemnification doe EXHIBIT "B" Page 2 of 3 H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. I. In addition to any other remedies the City may have upon Consultant'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 Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant'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. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. K:tEngamnng DataExchangelCtanssaJ Pubric Heath 8 SatetytE12070 - Prei m FEMA Bayfrwd FRU Ass0ument Mutsple Project Agreement HO83 - Exhibit B - tnwmnce d tndenuidxattcn.doc EXHIBIT "B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Protect No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 07127/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 61,627 $4,747 $500 60 $500 11% $6,000 61,000 $1,250 68,250 $750 61,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 62,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLIER NUMBER TO BE ASSIGNED BY ti I -Y PURCHASING DIVISION City of Corpus Christi CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 171 12, as amended, requires all persons or firms seeking to do business with the city to provide the following information. Igyery,question musrbraiiswered lif Ilreirii ton is'girt'=applialill t ritw itis NAn See reverse side fo' r�'ilm equirern nt"s, Certifications and definitions. COMPANY NAME: HDR Engineering, Inc. P.O. BOX: STREET ADDRESS: 555 N. Carancahua, Suite 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: I. Corporation 2. Partnership 4. Association u 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS additional space is necessary, please use the reverse side of this page or attach separate sheet. impState 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.' Nameyf,A Job Title and City Department (if known) *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 do, 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" Nam NA Board, Commission or Committee likS 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 "fine." Name 1 Consultant FILING REQUIREMENTS lfa 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 Cityofficial, employee or body that has been requested to act in the matter, unless the interest oftheCity official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 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: Arthur B. Colwell, P. E. Title: Vice President (Type or Print) re ortIfyiDdeazolAral"4e:demiX1.7•/5 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. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "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. 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. k.401) Corpus Chr sti Capital Programs Master Service Agreement (MSA) for Salt Flats Levee Certification - Phase 2 Council Presentation June 23, 2015 Project Background City of Corpus Christi's Downtown Flood protection system consists of: ➢ Salt Flats Levee ➢ Flood Wall ✓ Port Wharf ✓ Port Promenade ✓ Museum Floodwall ✓ USACE Floodwall ✓ Art Museum Floodwall ✓ Seawall ➢ Drainage Pumping Stations LOCATION MAP NOT TO SCALE Corpus Chr'sti Capital Programs Power Street Pump Station A Kinney Street Pump Station B Pott V tatfi Promenade South Art Museum Sea Wall 2 Project Background Corpus Chr'sti Capital Programs What is a Flood Insurance Rate Map (FIRM)? ➢ Part of the National Flood Insurance Program (NFIP) ➢ Map illustrating the one percent chance per year flood elevation or base flood elevation (BFE). ➢ Developed and published by Federal Emergency Management Agency (FEMA) ➢ Used to determine flood insurance requirements, flood insurance rates and finished floor elevations for new construction. ➢ Provides public information about flood risk. Why is this changing? ➢ Current FIRM was developed in 1985 and indicates that Downtown is largely protected by the flood protection system; ➢ FEMA policy has changed with regard to levee protected areas; ➢ Systems owners were required to document adequacy of design and construction for flood protection systems to be shown on FIRM as providing protection. Current Status Corpus Chr'sti Capital Programs What is current FIRM status? ➢ City submitted Provisionally Accredited Levee (PAL) Agreement in 2012. ➢ Agreement superceded by Levee Analysis Mapping Procedure (LAMP). ➢ Draft maps being finalized. ➢ Will initially show Downtown as a Zone X seclusion area. ➢ Zone X indicates that area is protected by a system that has not been fully analyzed. ➢ The BFE will remain as previously published until detailed LAMP study is completed. ➢ Policies for mapping non -accredited levees is still not in final form. What is City's current status? ➢ City hired HDR by RFQ 2012-03. ➢ HDR has fulfilled currently contracted scope of work. ➢ City proposing new, task order based contract vehicle for remainder work. FEMA Path Forward Corpus Chr'sti Capital Programs ➢ Nueces County FIRM will be initially published with Downtown as Zone X seclusion area; ➢ FEMA will model Downtown Flood Protection System, ✓ Using Levee Analysis Mapping Procedure (LAMP); ➢ LAMP relaxes some of FEMA's previous requirements; ➢ Corpus Christi is a pilot project for the LAMP process; ➢ FEMA policy will continue to evolve; ➢ FEMA will ultimately publish final maps: ✓ Removing Seclusion Zone designation; ✓ Indicating new BFE in Downtown area. City Next Steps To Minimize New FIRM Maps Impacts Corpus Chr'sti Capital Programs ➢ Engage expert assistance with flexible contract structure; ➢ Peer review of FEMA's work; ➢ Identify and rank suspected system deficiencies; ➢ Plan mitigations for deficiencies; ➢ Implement corrective actions to address deficiencies; ➢ Strike appropriate balance - Cost, FIRM Impacts and Risk Reduction. What Type of Contract? ‘4t. Corpus Chr sti Capital Programs Master Service Agreement (MSA) Contract ➢ Task order -based contract; ➢ Allows determination of work scopes for each requirement, on a case by case basis; ➢ Facilitates negotiation of individual task orders; ➢ Minimizes contract amendments; ➢ Allows greater responsiveness to evolving requirements. Why use MSA Contract for this project? ➢ FEMA's regulatory framework continues to evolve; ➢ Existing deficiencies are not fully understood; ➢ Presently unable to determine complete scope of work; ➢ Work needs to continue before full scope is known. Potential MSA Task Orders c* Corpus Chr sti Capital Programs ➢ FEMA LAMP Pilot Coordination; ➢ Interior Drainage Analysis; ➢ Geotechnical Investigations; ➢ Structural Evaluations; ➢ Ranking Suspected Flood Protection Deficiencies; ➢ Corrective Measure Planning; ➢ Corrective Measure Design; ➢ Coastal Structure Evaluations; ➢ Floodwall Evaluations; ➢ Other services as required. Conclusions [.410 Salt Flats Levee Certification - Phase 2 Corpus Chr sti Capital Programs ➢ FIRMs are changing; ➢ Need to minimize impacts from proposed FIRM; ➢ Specialized assistance required to check FEMA's work; ➢ Need to identify, prioritize and correct deficiencies; ➢ MSA provides the best vehicle to contract services when scope not fully defined/understood; ➢ Execution of an MSA with HDR recommended; ➢ Recommendation approved by Type A Board; ➢ Funding included in Type A Seawall CIP. AGENDA MEMORANDUM Future item for the City Council Meeting of June 23, 2015 Action item for the City Council Meeting of July 14, 2015 DATE: June 10, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Susan Thorpe, Assistant City Manager of Safety, Health, and Neighborhoods sthorpe@cctexas.com (361) 826-3898 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 Amendment No. 1 to Engineering Design Contract Corpus Christi Police Department Building Fire Alarm System Improvements CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to an Engineering Design Contract with NRG Engineering from Corpus Christi, Texas in the amount of $48,880, for a total restated fee of $55,080, for the Corpus Christi Police Department (CCPD) Building Repair/Replacement project for upgrades and repairs to the fire suppression and alarm systems. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to an Engineering design Contract with NRG Engineering for the CCPD Building Repair/Replacement project for upgrades and repairs to the fire suppression and alarm systems. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) Building was built in the 1980s. The fire protection system in that building is close to the end of its service life and needs upgrade or replacement. In December 2014, the City administratively awarded an AE contract to NRG Engineering to conduct a comprehensive investigation to identify any potential deficiencies associated with the fire protection system in the building. The investigation results indicated that the existing fire alarm and suppression system were experiencing critical deficiencies preventing proper operation and function of the system, and the City needed to take immediate actions to repair the fire pump, halon tanks, sprinklers, fire alarm, and domestic water pump of the CCPD Building to prevent any life safety issues. This Amendment provides for the engineering design to restore the fire alarm system. NRG Engineering will also create computer-aided design and drafting (CADD) documents for the entire building that will allow for better space planning and future projects as needed. The contract specifically authorizes NRG Engineering to provide Design Phase Services, Bid Phase Services, and Construction Phase Services for the following improvements: 1. Remove and replace existing Halon tanks with new tanks 2. Remove and replace existing fire detection and alarm system with new advanced components 3. Remove and replace domestic water pumps 4. Install new dedicated electrical service for existing fire pump and associated controller ALTERNATIVES: 1. Authorize execution of Amendment No. 1. (Recommended) 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: This project is necessary to solve the potential life safety issues in the City's Police Building. CONFORMITY TO CITY POLICY: The Engineering Design Contract and selection process comply with the Professional Procurement Act and City Policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $500,000.00 $0.00 $500,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $48,880.00 $0.00 $48,880.00 Future Anticipated Expenditures This Project $0.00 $451,120.00 $0.00 $451,120.00 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Facility and Property Management Fund Comments: None RECOMMENDATION: City Staff recommends the approval of Amendment No. 1 to the Engineering Design Contract with NRG Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Presentation PROJECT BUDGET Corpus Christi Police Department (CCPD) Buliding Fire Alarm and Mechanical System Replacement FUNDS AVAILABLE: Facility and Property Management Fund $500,000.00 FUNDS REQUIRED: Construction Fees (Estimate) Replace fire pump $20,000.00 Replace Halon 1301 Tanks 40,000.00 Test sprinkler heads 2,500.00 Replace missing escutcheons 500.00 Replace fire detection and alarm system 200,000.00 Replace domestic booster pumps 10,000.00 Upgrade electrical service for fire pump 100,000.00 Construction contingency (10%) 37,300.00 Engineer Fees: Consultant Engineer (NRG Engineering) 55,080.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 12,309.00 Engineering Services (Project Mgmt/Constr Mgmt/Permitting) 19,234.00 Miscellaneous 3,077.00 TOTAL $500,000.00 PROJECT BUDGET BALANCE $0.00 CCPD BUILDING REPAIR / REPLACEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 The City of Corpus Christi, Texas hereinafter called "CITY", and NRG Engineering hereinafter called "ENGINEER" agree to the following amendment to the Contract for Professional Services for Corpus Christi Police Department Building Repair/Replacement (Project No. E14080), as authorized and amended by: Original Small NE Agreement January 20, 2015 Administrative Approval $6,200.00 Exhibit "A", Section I. Scope of Services, shall be amended to provide Phase 2 Improvements as specified below. • Fire Protection Improvements • Remove and replace existing Halon tanks with new tanks • Remove and replace existing fire detection and alarm system with new advanced components • Remove and replace domestic water pumps • Install new dedicated electrical service for existing fire pump and associated controller Exhibit "A", Section III. Fees, shall be amended as specified in Amendment No. 1, Exhibit "B" for a revised fee not to exceed $48,880.00 (Forty Eight Thousand Eight Hundred Eighty Dollars and Zero Centsl, for a total restated fee riot to exceed $55,080.00 (Fifty Five Thousand Eighty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". ENGINEER agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "D". All other terms and conditions of the January 20, 2015 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI NRG ENGINEERING MrValerie H. Gray, P. E., (Date) '"f. r A. Rodriguez, III, P. l ( t Executive Director of Public Works Partner 5656 5. Staples, Suite 360 Corpus Christi, TX 78411 RECOMMENDED (361) 852-2727 Office (361) 852-2922 Fax Carlos Gonzalez, (Date) Director of Facilities Mike Markle, (Date) Interim Chief of Police AMEND. NO. 1 Page 1 of 2 KAENGINEERING DATAEXCHANGENELMAPIPOLICENE14080 CCPD BUILDING REPAIR REPLACEMENTIAMENDMENT NO 1UIMENDMENT NO 1 NRG EN ,INEERING DOCX APPROVED Office of Management and Budget (Date) ATTEST Rebecca Huerta, City Secretary Project No: E14080 Accounting Unit: 5115-40300-191 Account: 550030 Activity: E14060 01 5115 EXP Account Category: 50030 Fund Name: Facilit & Pro• M. Fund AMEND. NO. 1 Page 2 of 2 K:IENGINEERING DATAEXCHANGEIVELMAPSPOLICEIE14080 CCPD BUILDING REPAIR REPLACEMENT AMENDMENT NO 11AMENDMENT NO 1 NRG ENGINEERING DOCX 15ENRG ENGINEERING May 14, 2015 Letter of Interest Jiangang (Daniel) Deng, P.E. Project Manager - Capital Programs City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 5656 S. Staples, Suite 360 Corpus Christi, TX 78411 361/852-2727 FX: 361/852-2922 TX Firm Registration No. F-005318 SUBJECT: RFP - Corpus Christi Police Station Phase 2 - Fire Protection and Building Improvements Dear Mr. Deng: NRG Engineering is pleased to respond to the City of Corpus Christi's (City) Request For Proposals (RFP) for services required to complete the Engineering for the above referenced project. It is our understanding that the City intends to acquire engineering services for this project in the Capital Programs Department from the most qualified, experienced firm. The contracted firm will be responsible for the complete scope of work which is presented in the RFP. The NRG Engineering team will include the following: Sean Rodriguez, P.E. - Engineer of Record - Phone Number 361-852-2727 Ext 302 John Rodriguez, P.E. - Project Manager - Phone Number 361.852.2727 Ext 301 Clark Hudson - Senior Design Technician - Phone Number 361.852.2727 Ext 305 Martin Villarreal - CAD Technician Kathy Rodriguez - Administrative Support - Phone Number 361.852.2727 Ext 300 NRG Engineering has completed numerous projects that are related to the scope of work that is outlined in the RFP. Several of these projects include: - Christas Spohn Memorial Hospital Fire Protection Improvements - Riviera ISD District Wide Fire Alarm Improvements On behalf of our entire staff, we want to thank you for considering NRG Engineering. Please contact us at (361) 852-2727 if you have any questions. Si John A. Rodriguez I11, P. President AMEND. NO. 1 EXHIBIT "A" Page 1 of 5 LL LE LI �I L1�� ENGINEERING 5656 5. Staples, Suite 360 Corpus Christi, TX 78411 361/852-2727 FX: 361/852-2922 TX Firm Registration No. F-005318 Exhibit A - PRICE PROPOSAL FORM Request for Design Proposal for the Corpus Christi Police Station Phase 2 -- Fire Protection and Building Improvements Corpus Christi, TX The following fees must be filled-in for this proposal to be acceptable: 2.2.1 Redraw Existing floor plans 510,000.00 Lump Sum Price 2.2.2 Phase 2 - Construction Documents 528,080.00...__._ Lump Sum Price 2.2.3 Bid Phase 51,500.00 Lump Sum Price 2.2.4 Construction Phase $9,300.00 Lump Sum Price TOTAL FEE for ALL Phases Above $48,880.00 Lump Sum Price Authorized signature for Lump Sum Pricing: John A. Rodriquez - President Print Name 5656 S. Staples, #360 Address Corpus Christi, TX City 361-852-2727 ext 301 Telephone IrodCajnrgcc.com Title 78411 State Zip Code Email AMEND. NO. 1 EXHIBIT "A" Page 2 of 5 Lr :RAJ ENG/NEER/NG LC tki 5656 5. Staples, Suite 360 Corpus Christi, TX 78411 361/852-2727 FX: 361/852-2922 TX Firm Registration No. F-005318 Scope of Services Re: Corpus Christi Police Station Phase 2 — Fire Protection and Building Improvements Phase 2 Fire Protection improvements includes the following: Task #1 - Design the replacement of the existing 1T Fire Suppression System (Halon 1301) tanks. Redraw existing floor plans Identify location of existing tanks to be replaced Specify replacement tanks Specify testing, training, and warrantee requirements Task #2 - Design the replacement of the existing Fire Detection and Alarm System - Redraw existing floor plans Identify location of existing devices Design new Fire Detection and Alarm system Specify new equipment Specify testing, training, and warrantee requirements Task #3 - Develop specifications and scope of work for testing and preventative maintenance for the existing Fire Sprinkler system Redraw existing floor plans Identify locations where new sprinkler heads are required Specify cleaning and replacement requirements for the existing system Specify testing, training, and warrantee requirements Phase 2 - Building improvements includes the following: Task #4 -- Design the replacement of the existing Domestic Water Pumps Redraw -existing floor plans Identify location of domestic water pumps to be replaced Design new control panel for domestic water pumps Specify testing, training, and warrantee requirements NRG Engineering Scope of Services For Corpus Christi Police Station Phase 2 Design Fire Protection and Building Improvements AMEND. NO. 1 EXHIBIT "A" Page 3 of 5 Task #5 — Design of new dedicated electrical service for existing Fire Pump and associated controller. Redraw existing floor plans identify location of existing electric service, fire pump, generator, transfer switch, and panels Design new electric service for fire pump. Design new feeder requirements for Fire pump. Design new transfer switch and panels for service and alternate service to fire pump. Specify new materials for said task #5 Specify testing, training, and warrantee requirements Note: City shall provide hard copies of existing shop drawings related to the existing systems identified in the tasks above. City shall also provide electronic copies of all floor plans and previous design drawings in AutoCAD format. NRG Engineering's scope of services includes the recreation and/or the redrawing of floor plans and system drawings should building drawings not be provided in AutoCAD format. NRG Engineering Scope of Services For Corpus Christi Police Station Phase 2 Design Fire Protection and Building Improvements AMEND. NO. 1 EXHIBIT "A" Page 4 of 5 ENGINEER/NG L L miDir 5656 S. Staples, Suite 360 Corpus Christi, TX 78411 361/852-2727 FX: 361/852-2922 TX Firm Registration No. F-005318 Work Phase Schedule Re: Corpus Christi Police Station Phase 2 — Fire Protection and Building Improvements Phase 2 -- Redraw Existing Backgrounds 35 Calendar days from Notice to Proceed Phase 2 — Construction Documents 120 Calendar days from Notice to Proceed AMEND. NO. 1 EXHIBIT "A" Page 5 of 5 Corpus Christi Police Department (CCPD) Building Repair/Replacement Project No. El 4080 SUMMARY OF FEES AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 Original Contract Amend. No. 1 Total BASIC SERVICES 1 Preliminary Phase $6,200.00 $0.00 $6,200.00 2 Design Phase 0.00 38,080.00 38,080.00 3 Bid Phase 0.00 1,500.00 1,500.00 4 Construction Phase 0.00 9,300.00 9,300.00 Subtotal Basic Services 6,200.00 48,880.00 55,080.00 TOTAL FEE $6,200.00 $48,880.00 $55,080.00 01/20/15 Admin Approval Motion 2015 - AMEND. NO. 1 EXHIBIT "B" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Total Contract Amd No. 1 Amd No. 2 Contract Amount Invoiced Previous Invoice Total Invoice Percent Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11%, $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Sample form for Payment Request Revised07/27/00 EXHIBIT "D" INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 EXHIBIT "D" Page 1 of 3 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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 Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall EXHIBIT "D" Page 2 of 3 have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Consultant'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. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. EXHIBIT "D" Page 3 of 3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires aft 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: NRG Engineering P. O. BOX. STREET ADDRESS: 5656 S. Staples, #360 CITY: Corpus Christi ZIP 78411 FIRM IS: 1. Corporation 0 2. Partnership x 3. Sole Owner 0 4. Association 0 5. Other 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interesr constituting 3% or more of the ownership in the above named "firm. Name Job Title and City Department (if known) None 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 None 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 None 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 None Consultant 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 1 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. John A. Rodriguez Certifying Person: (Type or Print Signature of Certifying Person: �� Date: Title: Managing Partner DEIONS ¼J'S a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee."Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "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. 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. 011 Corpus Chr sti Capital Programs Corpus Christi Police Department (CCPD) Building Repair/Replacement Council Presentation June 23, 2015 Project Scope I Corpus Chr sti Capital Programs 1. Fire Protection Improvements: ➢ Replacement of the existing IT fire suppression system (Halon 1301) tanks; ➢ Replacement of the existing fire detection and alarm system; ➢ Testing and preventative maintenance for the existing fire sprinkler system 2. Building Improvements ➢ Replacement of the existing domestic water pumps ➢ New dedicated electrical service for existing fire pump and associated controller Project Schedule Corpus Chr"sti Capital Programs 2015 2016 Jul Aug Sep Oct Nov Design Dec Jan Feb Mar Bid Apr May Jun Jul Construction Construction Estimate: 150 Calendar Days 5 Months Projected Schedule reflects City Council award of AE contract in June 2015 with anticipated construction completion by July 2016. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 23, 2015 Action Item for the City Council Meeting of July 14, 2015 DATE: TO: May 28, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Enqineerinq Construction Contract Choke Canyon Dam Spillway Gate Rehabilitation CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with Blastco Texas, Inc. of Houston, Texas in the amount of $2,655,800 for the Choke Canyon Dam Spillway Gate Rehabilitation for the Base Bid plus Additive Alternate No. 1. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Choke Canyon Dam Spillway Gate Rehabilitation for the Base Bid plus Additive Alternate No. 1. BACKGROUND AND FINDINGS: Choke Canyon Dam is located in south Texas on the Frio River four miles west of Three Rivers, Texas and approximately 90 miles northwest of the City of Corpus Christi. The dam is comprised of a zoned earthen embankment, a reinforced concrete spillway with seven spillway gates, and an outlet works structure near the center of the dam. Construction of the dam and appurtenant structures, including spillway, occurred between 1976 and 1982. The spillway gates have never been fully recoated since then. The United States Bureau of Reclamation, who continues to own the dam and share in maintenance expenses with the City, has identified the rehabilitation of the coating on the spillway gates as a priority maintenance item for the facility in several annual inspections. In 2013, an inspection of the spillway gates and upstream stop log slots was performed by Freese and Nichols, Inc. (FNI) on behalf of the City. Based on observations from the inspection, rehabilitation of the spillway gates including recoating seven (7) spillway gates, placing new water -tight seals, structural and miscellaneous modifications, and stop log slot resurfacing is needed to increase the service life of the structure and prevent future corrosion and subsequent section loss and connection deterioration. Due to the drought climate condition of Texas in recent years, the reservoir water surface has been lower than the bottom of spillway gates, which provides an advantageous opportunity to perform the rehabilitation work for the Choke Canyon Dam because the low water surface level will minimize reservoir water exposure on the spillway gates and more easily allow for dewatering and repairs to the upstream stop log slots. This project provides Spillway Gate Rehabilitation to include recoating seven (7) spillway gates, placing new water -tight seals, structural and miscellaneous modifications, and resurfacing stop log slots. On May 13, 2015, the City received proposals from five (5) bidders and the respective bids are as follows: CONTRACTOR BASE BID* ADDITIVE ALTERNATE NO. 1 TOTAL BASE BID PLUS ADDITIVE ALTERNATE NO. 1 Blastco Texas, Inc. Houston, TX $2,651,800 $4,000 $2,655,800 Cekra, Inc. Wilmington, NC $3,169,800 $80,000 $3,249,800 Alltech Engineering Corp Mendota Heights, MN $3,440,785 $29,000 $3,469,785 Travis Industries, LLC San Antonio, TX $3,486,500 $5,000 $3,491,500 Southern Road and Bridge, LLC Tarpon Springs, FL $4,386,500 $40,000 $4,426,500 *The Base Bid amount includes a $200,000 allowance for all bidders for unanticipated repairs Freese and Nichols, Inc. (FNI) conducted a bid analysis of the five (5) proposals submitted to the City. After reviewing the Statement of Experience submitted by Blastco Texas, Inc., FNI recommends the City of Corpus Christi award the construction contract to Blastco Texas, Inc. as the lowest responsible bidder with the capability to perform the work. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: Additive Alternate No. 1 is for structural steel to be cut out and installed per 200 pounds. The design of these improvements is according to the requirements of the United States Bureau of Reclamation. The coating quality is critical for the success of this project, and a NACE certified inspector is needed for coating works inspection during the construction. The City will award a separate contract for the construction coating inspection service. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue ❑Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $4,300,000.00 $4,300,000.00 Encumbered / Expended Amount $381,220.00 $381,220.00 This Item $2,655,800.00 $2,655,800.00 Future Anticipated Expenditures This Project $830,580.00 $830,580.00 BALANCE $432,400.00 $432,400.00 Fund(s): Choke Canyon Fund Comments: This project requires approximately 670 calendar days with anticipated completion in May 2017. The construction contract will result in the expenditure of an amount not to exceed $2,655,800. RECOMMENDATION: City Staff recommends approval of the construction contract with Blastco Texas, Inc. of Houston, Texas in the amount of $2,655,800 for the Choke Canyon Dam Spillway Gate Rehabilitation for the Base Bid plus Additive Alternate No. 1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET CHOKE CANYON DAM SPILLWAY GATE REHABILITATION FUNDS AVAILABLE: Choke Canyon Trust Fund $ 4,300,000 FUNDS REQUIRED: Construction (Blastco Texas, Inc.) THIS ITEM $ 2,655,800 Contingencies (10%) 265,580 Engineer Fees: Design Engineer (Freese and Nichols, Inc.) 381,220 Construction Observation Services (Testing, Laboratory) (Estimate) 300,000 Material Testing (Estimate) 50,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 53,750 Engineering Services (Project Mgmt/Constr Mgmt) 86,000 Misc 3,500 TOTAL $ 3,795,850 PROJECT BUDGET BALANCE $ 504,150 PROJECT # E14043 LOCATION MAP NOT TO SCALE i CHOKE CANYON DAM SPILLWAY GATE REHABILITATION CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Choke Canyon Dam Spillway Gate Rehabilitation Corpus Chr sti Capital Programs Council Presentation June 23, 2015 Project Scope too Corpus Chr sti Capital Programs This project provides Spillway Gate Rehabilitation to include: • Recoating 7 spillway gates; • Placing new water -tight seals, structural and miscellaneous modifications; and • Resurfacing stop log slots 2 Project Schedule too Corpus Chr sti Capital Programs 2015 2016 2017 A M J J Bid & Award A s 0 N D J F M A M J J A s 0 N D J F M A M Construction Construction Estimate: 670 Calendar Days N 22 Months Projected Schedule reflects City Council award of construction in July 2015 with anticipated construction completion by May 2017. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 23, 2015 Second Reading Ordinance for the City Council Meeting of July 14, 2015 DATE: May 15, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT©cctexas.com 361-826-3460 FY14 Reimbursement Grant appropriation for Title XX Meals on Wheels CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to ratify acceptance of a $236,228 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the 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 (DADS) for the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is effective October 1, 2013 through September 30, 2014. This is a reimbursement grant. Meal service is initiated by referrals from DADS caseworkers. The Texas Department of Aging and Disability Services (DADS) will reimburse the City of Corpus Christi at a rate of $4.95 up to an estimated 47,723 units of service for the continuation of the Title XX Meals on Wheels Program. A monthly billing is submitted to the state based on the number of meals served. 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/Central Kitchen located on the Del Mar College West Campus. We served 38,513 Title XX Meals on Wheels service units during fiscal year October 2013 through September 2014. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all letters of agreement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2013- 2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $236,228 $236,228 BALANCE $236,228 $236,228 Fund(s): Parks and Recreation Grant Fund 1067 Comments: RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Budget Worksheet Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to ratify acceptance of a $236,228 grant awarded by the Texas Department of Aging and Disability Services and appropriating in the No. 1067 Parks and Recreation Grants Fund for the 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. That the City Manager, or his designee, is authorized to execute all documents necessary to ratify acceptance of a $236,228 grant awarded by the Texas Department of Aging and Disability Services for the Senior Community Services Title XX Meals on Wheels Program. Section 2. That the $236,228 grant from the Texas Department of Aging and Disability Services is appropriated into the No. 1067 Parks and Recreation Grants Fund for the Senior Community Services Title XX Meals on Wheels Program. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 4/1' I*w .,TEXAS Department of Aging and Disability Services September 27, 2013 Certified Mail — 7011-2000-0001-9792-3976 Return Receipt Requested Michael Morris City of Corpus Christi Senior Community Services P.O. Box g277 Corpus Christi, TX 78469 COMMISSIONER Jon Weizenbaum Re: Approval of Amendment Number 11-7 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, 2013. 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 W f/3 -D -o w —D D sOiO ZEb 73 V 1C: i V16112 CILJ O i 43;3bf2 �CH41121, gECr1A D 701 W. 51st St. * P.O. Box 149030 * Austin, Texas 78714-9030 * (512) 438-3011 * www.dads.state.br.us An Equal Opportunity Employer and Provider Form 5887,12-2012 Texas Department of Aging and Disability Services State of Texas Travis County Community Services Contract Amendment Section 1. Contractor Information Legal Name of Entity (Contractor) 1ontract No. Contract Type City of Corpus Christi 167400 CCAD HDM Doing Business As (d/b/a) Name, if applicable Amendment No. Region No. Senior Community Services 11-7 11 Address of Contractor (street, city, state, ZIP) Waiver Contract Area Component Code P.O. Box 9277, Corpus Christi, TX 78469 Nueces HCS Form 3254-A June 2013 Section 2. Introduction This amendment to the contract number referenced above (the "contract") is entered into by the Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above (Department and Contractor, collectively, the "parties," each, a "party"). 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. Section 3. Amendment Modifications The parties agree that each marked provision below is hereby added to the contract as though it was set out word-for-word in the contract. ❑ The following 0 counties ❑ local authorities are added to the contract. ❑ The following ❑ counties 0 local authorities are deleted from the contract. ® Attachment A (relating to covered counties) is incorporated into the contract 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, is incorporated Into the contract and replaces the Contractor's previously submitted Form 3691-A. • Attachment B (relating to Home Delivered Meals) is incorporated into the contract and represents the new Home Delivered Meals provisions as a result of this amendment. ❑ 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-OIG) List of Excluded Individuals/Entities (LEIS) websites to capture exclusions and reinstatements that have occurred since the last search and to immediately report to the HHSC-OIG 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. Form 3254-A Page 2106-2013 Section 3. Amendment Modifications (continued) ❑ Contractor agrees that in accordance with 42 CFR §455.23, the Department shall suspend ail Medicaid payments to the Contractor upon notification by HHSC-OIG that a credible allegation of fraud under the Medicaid program is pending against the Contractor, unless the Department has good cause not to suspend the payments or to suspend the payments only in part. El 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 conceming this contract's terms, subject matter and estimated value in any report to a govemmental body to which the Contractor is required by law to report such information. ® Contractor agrees that as part of its contract with the Department, Contractor may receive or create sensitive personal information, as section 521.002 of the Business and Commerce Code defines that phrase. Contractor must use appropriate safeguards to protect this sensitive personal information. These safeguards must include maintaining the sensitive personal information in a form that is unusable, unreadable, or indecipherable to unauthorized persons. Contractor may consult the "Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals" issued by the U.S. Department of Health and Human Services to determine ways to meet this standard. Contractor must notify the Department of any confirmed or suspected unauthorized acquisition, access, use or disclosure of sensitive personal information related to this contract, including any breach of system security, as section 521.053 of the Business and Commerce Code defines that phrase. Contractor must submit a written report to the Department as soon as possible but no later than 10 business days after discovering the unauthorized acquisition, access, use or disclosure. The written report must identify each individual whose sensitive personal information has been or is reasonably believed to have been compromised. Contractor must either disclose the unauthorized acquisition, access, use or disclosure to each individual whose sensitive personal information has been or is reasonably believed to have been compromised or pay the expenses associated with the Department doing the disclosure if: 1. Contractor experiences a breach of system security involving information owned by the Department for which disclosure or notification is required under section 521.053 of the Business and Commerce Code; or 2. Contractor experiences a breach of unsecured protected health information, as 45 CFR §164.402 defines that phrase, and the Department becomes responsible for doing the notification required by 45 CFR §164.404. The Department may, at its discretion, waive Contractor's payment of expenses associated with the Department doing the disclosure. ❑ Other RECEIVE SEP 2 3 2013 Form 3254-A Page 3 / 06-2013 Section 4. Effective Date This amendment is effective October 1, 2013. Section 5. Terms Remain in Effect The parties agree that all other provisions of the contract shall remain in effect and govem except to the extent modified in this amendment. Section 6. Amendment Execution The Department and Contractor have each caused this amendment to be signed by their respective representative. Department of Aging and Disability Services Signature-epartment Representative Paul T. Ebrom Name of Department Representative {Print or type) Community Services Regional Director Title of Department Representative (Print or type) City of Corpus Christi Date i Signature -Contractor Representative Michael Moms Name of Contractor Representative (Print or type) Director, Parks & Recreations Title of Contractor Representative (Print or type) Rr s/i3 Date r. -. RECEVE SEP 2 3 2013 'Type of Contract CCAD HDM Legal Name of Contractor City of Corpus Christi Contact Person Elsa Munoz Form 3254-A Page 4106-2013 Community Services Contract Amendment Attachment A— Covered Counties 1 Contract No. 167400 Amendment No. 11-7 Region No. 11 Area Code and Telephone No. 361-880-3150 The counties listed below, effective with this amendment, are covered by the 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 specified above. County Name Nueces (178) County Name County Name Date Form Completed: 9-4-13 Initials—Co tractor Representative 7071:7^ CT RECEIVED SEP 2 3 2013 Type of Contract CCAD HDM Legal Name of Contractor Cit of Co . us Christi Contact Person Elsa Munoz Community Services Contract Amendment Attachment B — Home Delivered Meals Contract No. 167400 Form 3254-A Page 5 ! 06-2013 Amendment No. 11-7 Region No. 11 Each marked provision below is included in this attachment. Area Code and Telephone No. 361-880-3150 ® Contractor will provide 47,723 units of Title XX Community Care for the Aged and Disabled/Home Delivered Meals for the period October 1, 2013 through September 30, 2014 (budget period). The approved budget for each meal Is $4.95, and the approved budget for the budget period is $236,228.85. The approved budget is reflected in the attached Form 2029, information Worksheet, Purchase of Services Contract, which is incorporated into this amendment. The geographical area covered by the contract is Nueces, Texas. ❑ Contractor will provide Title XIX Community Based Alternatives/Home Delivered Meals for the period through (budget period). The Title XIX meals will be paid at the rate of $ per unit. The geographical area covered by the contract is , Texas. ® Contractor will serve or deliver meals in alternate format (frozen, chilled or shelf -stable) on fewer than five days per week. The altemate delivery terms for the period October 1, 2013 through September 30, 2014 are described in the attached Form 2027, Home Delivered Meals FFY 2014 Waiver Description, which is incorporated into this amendment. Initials -Contractor Representative i4. - sl,!'LI.e+�i'�1�.. rl ULo1J�UEJ RECEIVED SEP 2 3 2013 Texas Department of Aging and Disability Services ContractNendor Number 167400 SECTION I — CONTRACTOR DATA Information Worksheet Purchase of Service Contract Fomi 2029 October 2002 Region Number 11 County Number 178 Legal Name City of Corpus Christi Contract Effective Date 10/0112013 Commonly Used Name (if different) Senior Community Services Contract Termination Date Open -Ended Address (Street, City, State, Zip) P.O. Box 9277, Corpus Christi, Texas 78496 Area Code and Telephone Number (361) – 880-3150 Person Authorized to Sign Contract Michael Morris Title Director, Parks & Recreation Ownership ® Public IN Non-profit ❑ Profit Charter Number Employer ID Number t7460005471 Contract Person Elsa Munoz Title Superintendent Area Code and Telephone Number (361) – 880-3 t50 SECTION H — SUMMARY OF PAYMENT (Enter estimated information in this section.) Effective Payment Dates Budget Name Budget Number Unit Rate Estimated Number Eligible Units Estimated Local Funds Estimated DADS Funds Estimated Budget Amount 10/01/13 - 09130/14 Title XX 01 4.95 47 723 $0.00 236,228.85 236,228.85 4. Unit of Service Meals 5. Units of Service to All Clients 118,663 6. Number of Units of Service to Eligible Clients 47,723 7. Geographical Area Served Nueces County (City of Corpus Christi) 8. Goals (check all that apply) v ® 1 ® 11 0 I ❑ ® iv • 9. Basis of Payment ■ Reimbursement ► I Fixed Unit Rate ❑ Cost Reimbursement IN Schedule tO. Estimated Amount of Co -Pay (day care and family planning only): NIA Estimated Contract Total Percent of Contract $0.00 $236,228.85 $236,228.85 0 t00% SECTION III — SERVICE Program Activity Name Long Term Care - Community Care for the Aged and Disabled Code 7 Service Activity Name Nome Delivered Meals Code 25 SECTION IV — CLIENT DATA 1. Client Categories to be Served (check all that apply) Recipient to Income ® MAO Income Eligible ® Current TANF 0 Current SSI IN NPA Food Stamp I Other Income Eligible • Without Regard • Ineligible 2. Total Number of Client to be Served 3. Number of Eligible Clients to be Served ® Per day • Per week ■ Per month ® Per day IN Per week • Per month 4. Unit of Service Meals 5. Units of Service to All Clients 118,663 6. Number of Units of Service to Eligible Clients 47,723 7. Geographical Area Served Nueces County (City of Corpus Christi) 8. Goals (check all that apply) v ® 1 ® 11 0 I ❑ ® iv • 9. Basis of Payment ■ Reimbursement ► I Fixed Unit Rate ❑ Cost Reimbursement IN Schedule tO. Estimated Amount of Co -Pay (day care and family planning only): NIA Texas Department of Aging and Disability Services Name of Legal Entity City of Corpus Christi Mailing Address 1201 Leopard Street Funding Source: (Check all that apply.) Common provider? (See form instructions.) Title III AAA Name Coastal Bend Area Agency on Aging El Yes ❑ No Home -Delivered Meals FFY 2014 Waiver Description director/Program Manager Michael Morris/Elsa Munoz City State Corpus Christi Texas What areas or locations will the waiver cover? Corpus Christi city limits. How many days per weak will the provider deliver meals to an individual? (See minimum requirement in form instructions.) 5 For how many days per week will the provider deliver the following alternate meals to an individual? 1 frozen 1 chilled • shelf -stable ® Title XIX This waiver descriplion will be in effect for the period 10/012013 to 9/30/2014 (federal fiscal year (FFY) 2014). Form 202 May 201 ZIP 78401 Titre XX How will food be kept frozen or chilled, as appropriate, while being transported? Insulated ice chests with Ice to maintain temperature. How many days per week will the provider contacl an individual, Including the day of meal delivery? (See minimum requirement in form instruction.) 5 Explain how the provider will confect an individual Daily contact with the meal delivery driver and written notification delivered by the meal delivery driver. The driver will notify Them the da before allernate meals will commence and also provide the client with written notification. The menu is also provided to the clients 10 indicate the type of meal to be served. Holidays are noted on the calendar in addition to the written notification the client receives. will be contacted by telephone if the delivery driver is unable to deliver the meal 'Shelf Stable meals will be served during periods of natural or man-made disasters (Hurricanes; tornados; floods; power outages; etc.) a What Is the estimated average number of individuals to whom the provider will deliver hot and alternate meals each week? 550 What percent is This of the total number of individuals to whom the provider delivers meals each week? 100% What is the shortest dislance from the meal preparation sile to an individual to be served under the waiver? Y4 mile . Describe the circumstances necessitating this waiver. (See lone Instructions for examples.) hilled meals are served twice a month to all home delivered meal clients as per the approved ccordance with the service plan specifying weekend meals for Title IX and Title XX cliits. r zen menumeals foFrozene Titie Ili are clients delivered are serin ved n a case by case basis upon request and/or Outreach Workers recommendation. Shelf Stable meals will be served during periods of atural or man-made disasters (Hurricanes; tornados; floods, power outages; etc.) and will be contacted by telephone if the delivery driver is nable to deliver the meal. 1 C a 0 n u 2 d . Alternate meals delivery and individual's eligibility. A. Describe how the provider will ensure alternate meals are delivered to an individual who 1s not home to receive the hot and alternate meals on a scheduled delivery day. Clients are encouraged to notify the office to coordinate delivery of hot and alternate meals by making a cancellation on days they wilt not be home. This process allows for the hol and alternate meal to be delivered the day before the regularly scheduled delivery. If the client is not at home when the delivery attempt is made then the driver notifies the office to initiate communication with the client and/or their designated emergency contact. If the client is reached then arrangements are made to make a second delivery on the scheduled dale of delivery. If we are unable to make contact with the client or the emergency contact then the delivery atlompt is reflected as a "no show". B. Describe how the provider will ensure that a service claim is not submitted for alternate meals delivered to an Individual for consumption on days DADS has determined the Individual Is ineligible for services or has suspended the individual's services. Detailed Client Meal Delivery Route Sheets clearly indicate eligible clients to be served hot and alternate meals (color coded). An intemal legend is used to indicate days of alternale deliveries for (hose eligible clients. The Meal Delivery Route Sheets are continuously reviewed and updated as per DADS Caseworker notifications and the SCS Accounting Technician to insure that those clients who are on the route sheets are eligible for service. Upon proper notification from DADS Caseworkers Is provided regarding a client's suspension or ineligible status is received in a timely manner then the service claim will not be submitted to DADS. Client eligibility verification via the MERSAV system. Client status notilicalions from DADS caseworkers are frequently delayed and meals are delivered. However, those claims are rejected if client who was suspended or is no longer elf ibis for service is • recessed for billin Form 202' Page 2/ 05-201; in submitting this waiver description to the Texas Department of Aging and Disability Services (DADS), Access and intake Division, the entity requesting this waiver assures continuing compliance under the waiver with the following requirements. 1, if a common provider, the waivered service description is the same for all funding sources — Title III, Title XIX, and Title XX. 2. The home -delivered meals provider has established policies and procedures to ensure: a. An individual eligible to receive home -delivered meals Is not denied services on the basis of the individual's inability to safely store and prepare a frozen or shelf -stable meal. b. Significant changes in an individual's physical or mental condition or environment are reported in accordance with Title 40, Texas Administrative Code (TAC) §55.29 and §85.302(n)(1)(0)(il). c. The provider and every individual affected by the waiver has sanitary and sate conditions for storage, thawing and preparation of the meal (40 TAC §55.21(1), §85.302(k)(1) and §85.302(n)(1)(D)(i)).. d. The meal can be safely handled by an individual affected by the waiver, or by another available person If the Individual is unable to do so (40 TAC §55.21(2) and §85.302(k)(2)). e. Ali frozen meals are safely packaged and transported by the provider (40 TAC §55.23 and §85.302(1)-(m)). f. Compliance with 25 TAC, Chapter 229, Subchapter K, concerning Texas Food Establishments, Texas Department of Stale Health Services rules, lo ensure all potentially hazardous foods are: properly frozen and stored (25 TAC §229.184(1) and (o)), prepared, stored and clearly marked using calendar dates (25 TAC §229.164(o)(6)); cooled quickly within two hours to 70 degrees Fahrenheit, and to 41 degrees Fahrenheit in an additional four hours, not to exceed a total of six hours (25 TAC §229,164(o)(4)(A) and (8)); and remain frozen until ready for the thawing or cooking process (25 TAC §229.164(o)(1)-(3)). 3. In the event an individual becomes ineligible for the Home -Delivered Meals Program for any reason (that is, loss of eligibility, relocation, nursing home placement, death) and the provider has requested payment for meals delivered past the date of the individual's ineligibility, the provider will reimburse the AAA or DADS for all such meals for which it has received payment. City of Corpus Christi — Parks & Recreation Department Senior Community Services Division Legal Name of Provider Signature Signature Authority Michael Morris Printedrryped Name -- Signature Authority 08/12/2013 Date E-70! '; `,` 1 CCN R, ,; SE i CES RECEIVED SEP 2 3 2013 91111131 44 PM Provider Name City of Corpus Chrud MA Neme Area Agency on Ag ng of the Coastal Bend Region Number Reg on 11 Home Delivered Meals BUDGET WORKSHEET CALCULATION OF THE PER MEAL UNIT RATE 1 Total Budgeted Expenses for Contract Year 1 $ 761.726 72 2 Total Number of Mbcipated Meals lo be Provided by Funding Source DADS A81 AAA 58 170 Tnle XX 47.723 Title XIX 0 Other Funds Other Funds - Program Income 1.518 Efigble Meats 11.252 Non•Drgible Meats 0 2 118.663 3 Whole Una Rate (Line 1 divided by tine 2) Reimbursement Calculation DADS MIAM 8 Tide XX Tt1e XIX 4 Projected NSIP per Mee Value 0 69 NIA 5 Rate Lass NSIP par Meal Value 5 5 73 NIA 6 Mandatory Local Match of 101 5 0 57 " If Applicable. Match Reduction From the In.klnd Match Certification form 5 Required Cash Match S 057 N/A 7 Proposed Meat Rale (Une 3 rnmrs Line 6) S 5 85 5 6 42 8 Rate Cap Applicable to Tde XIX Tide XX and DADS A84 AAA Carman Providers 5 4 95 5 6 t 2 9 Excess oI Cap Rale Reduction $ (0 90) 5 (0 30) Accepted Unit Rale for Current Year 5 4 95 5 6 12 " r any portion of the required match Is In-kind. you must complete an ln•Kind Match Cert :cation lone By signing below, the provider acknowledges that as related records are subject to aud,t In accordance with contract req; cements and all applicable federal and state taws Cly of Corpus Christi Michael Monis. Direelcr Legal Name or Contracted Pravda Prnted(Typed Name of Signer `ignaturo Area Agency on Aging of the Coastal fiend /1A/1.S Dale Regan 11 Name of Area Agency on Aging Department of Aging and Disab 4ty Services SD kiiki P. ftic liuntadayped Name of Sgner Pnn •�L• Zer s..cr �9hslWe Sgnature 92 PI KWOZ.? Date 3 5 642 AGENDA MEMORANDUM City Council Meeting of July 14, 2015 DATE: TO: July 1,2015 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Wrap Up Report on the 84th Regular Session of the Texas Legislature. STAFF PRESENTER(S): Name 1. Tom Tagliabue OUTSIDE PRESENTER(S): Name Title/Position 1. Snapper Carr General Counsel Title/Position Director BACKGROUND: Department Intergovernmental Relations Organization Focused Advocacy The Texas Legislature meets 140 days in odd -numbered years. Just shy of 6,400 bills and joint resolutions were filed during the regular session and 1,430 were passed and sent to the governor — roughly 22 percent. A successful outcome could involve: passage of legislation, defeat of legislation, no legislation being filed, or funding for a particular program supported by the City. Unsuccessful could also mean passage of legislation the City opposed, defeat of legislation the City supported, no legislation being filed, or reduced or no funding for a particular program supported by the City. Partial success could mean passage of legislation, but no funding to implement or it could mean legislation with provisions the City supports, but contains several provisions the City might not support. The City greatly appreciates the efforts of the Coastal Bend legislative delegation, specifically Senator Juan "Chuy" Hinojosa, Representative Todd Hunter, and Representative Abel Herrero, along with their Capitol, District and committee staff. The City's success in advancing the Council's legislative agenda would not have been possible without the support, cooperation and capable leadership of these dedicated individuals. Below is a numerical summary of the outcomes for the City's legislative priorities for the 84th Regular Session. In total, Council had adopted nine policy issues to address this session. In the end, five (55 percent) had outcomes that would be considered successful or partially successful. Specific information on the policy issues if contained in Attachment #1. Of the City's nine issues categorized as a "Priority" this session, five had outcomes that would be considered successful (55 percent). Of the City's nine issues categorized as "Actively Support" this session, five had outcomes that would be considered successful (55 percent). Of the City's nine issues categorized as "Endorse" this session, four had outcomes that would be considered successful (44 percent). There were six other high profile issues tracked throughout the session involving the City's policy guidelines, which ended with five successful outcomes (83 percent). During the session a number of policy issues arise that do not fit within the Council's adopted policy guidelines. In October 2012 as in previous sessions, the Intergovernmental Relations Director and the City's lobby team analyze bills and amendments using the following principles: The City administrative SUPPORTS legislation and/or The City actions OPPOSES legislation and/or administrative actions that: that: • Protect and enhance City revenues. • Undermine the principle of home rule and local control by the City. • Reduces or eliminates costs to the City. • Results in the loss of revenue or negatively impacts potential revenue growth to the City. • Support local control. • Diminishes the authority of cities to regulate • Protects policies previously established by City leadership and manage their growth and development. • through the Charter, ordinances, resolutions, and master plans. Provide increased educational opportunities for the citizens of • Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. Corpus Christi and the Coastal Bend region by supporting its public schools, community colleges, and universities. • Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. An inordinate amount of effort and political capital are expended opposing bad or harmful legislation. The 84th Regular Session was no different as the Intergovernmental Relations Director, and lobbyists Tim Brown, Snapper Carr and Brandon Aghamalian worked diligently to prevent passage of bills and amendments that would limit, weaken, harm or negatively impact municipalities. Throughout the regular session, the Intergovernmental Relations Director and the City's lobby team worked with the Texas Municipal League as well as stakeholders in the Coastal Bend, such as the Corpus Christi Chamber of Commerce, Nueces County, the Corpus Christi Independent School District, Del Mar College, Texas A&M University -Corpus Christi, the Regional Transit Authority, and others. Transportation Advocates of Texas, H2O4 Texas, Water Environment Association of Texas, Texas Traffic Safety Coalition, and many others. LIST OF SUPPORTING DOCUMENTS: 1. Powerpoint Presentation 2. Matrix of the City's Legislative Priorities 3. Texas Municipal League's Legislative Update, June 5, 2015 Legislative Wrap Up Report 84th Regular Session Council Presentation July 14, 2015 84th Regular Session Overview Source: Texas Legislative Service House Senate TOTALS Metric 84R 83R Diff % 84R 83R Diff % 84R 83R Diff % Bills Filed 4,207 3,950 257 6% 2,069 1,918 151 8% 6,542 6,216 326 4.98% Joint Resolutions Filed 133 130 3 2% 67 63 4 1% Bilis Passed 818 732 86 12% 504 705 -201 -29% 1,329 1,447 -118 -8.88% Joint Resolutions Passed 2 6 -4 -67% 5 4 1 25% Total % Passed 20.31% 23.28% -2.96% Vetoes by Governor 41 26 +15 Legislative Outcomes City of Corpus Christi i prategory IuccessfuI Legislative Priorities Outcomes Priorities 5 of 9 Actively Support 5 of 9 Endorse 5 of 9 Other Bills of Interest 5 of 6 TOTAL 20 of 33 (60%) Legislative Outcomes TML and city officials defeated legislation that would have: Reduced the current cap on annual increases in residential appraisals from 10 percent to some lesser amount, applied the cap to all real property; or capped city revenues. Limited the ability of cities to issue debt. Eliminated municipal annexation authority. Eliminated or restricted the ability of cities to enforce tree preservation ordinances. Eliminated the ability of city officials to lobby or to join an association that lobbies on their behalf. Required a city to pay money damages for a violation of the permit vesting law. Legislative Outcomes • Required expensive cost -benefit analysis and reporting prior to the adoption or amendment of building codes. • Make criminals out of police officers who enforce federal law. TML & cities defeated PREEMPTION legislation that would have: • Eliminated the concept of "home rule" cities. • Preempted ANY city regulation not expressly authorized by state law, or specifically preempted ordinances on plastic bags, payday/auto title lenders, Uber/Lyft, red light cameras, texting while driving, and more. Local Parks Grants CEQ Solid Waste Gran LEOSE Trainin • Funds DEAAG Fundin • Eco Devo & Tourism $24,170,709 Legislative Outcomes nmoransm $408,527,000 $37,443,163 $4,948,159 $42,000,000 $13,431,017 $12,000,000 $30,000,000 $307,296,000 $4,114,692 $16,368,960 $15,625,679 $12,000,000 $0 $101,231,000 $13,272,454 $833,467 $25,631,040 ($2,194,662) $0 $30,000,000 $70,000,000-$93,000,000 $74,600,000-$80,800,000 Up to $12.2M $9,000,000 $0 $9,000,000 IF-=}.` (®liitYci . i . RESTORE Act - Altered rider 6.24 in Article IX requiring legislative approval of $1M or more. Now only requires notification of such awards, scope of project and costs. Legislative Outcomes Transportation SJR 5 (Proposition 7) By Sen. Robert Nichols/Rep. Joe Pickett Election on November 3, 2015 Constitutional amendment to allocate a portion of general sales tax and motor vehicle sales tax revenues to the State Highway Fund. Estimated revenue gain for the State Highway Fund: FY 2018 $2.5 billion FY 2019 $2.5 billion FY 2020 $2.9 billion FY 2021 $3.0 billion Source: Texas Department of Transportation, Governmental Affairs Beginning FY 2018 Sales and Use Tax Remainder of Sales and Use Tax Next $2.5 billion First $28 billion of Sales and Use Tax State Highway Fund Beginning FY 2020 Motor Vehicle Sales and Rental Tax Amount above $5 billion First $S billion of Motor Vehicle Sales and Rental Tax 7 Legislative Outcomes Transportation HB 20 by Rep. Ron Simmons/Sen. Robert Nichols Modifies TxDOT planning processes, establishes legislative select committees on transportation, and more. Performance -Based Planning — Commission to establish performance metrics Planning Organization 10 -Year Plans — Developed by each MPO and each TxDOT district outside of MPO Project Recommendation Criteria — Developed by each MPO and each TxDOT district outside of MPO Project Prioritization and Authorization by Commission — Caps Commission discretionary decisions at 10% of biennial budget Parameters for Design -Build Contracts — Cost of at least $150 million Legislative Select Committees on Transportation Planning — Sept. 1, 2015: TxDOT submits first report to committees — March 31, 2016: TxDOT submits second report to committees — Nov. 1, 2016: Legislative committees submit final report Source: Texas Department of Transportation, Governmental Affairs Legislative Outcomes Military Communities HB 1 by Rep. John Otto/Sen. Jane Nelson Appropriation of $30M ($15M in each year of biennium) to the Governor's Office for the Defense Economic Adjustment Assistance Grant (DEAAG) program. Sought $150M ($75M/FY) Effective September 1, 2015, although funds likely won't be available until first quarter of calendar year 2016. SB 318 by Sen. Juna "Chuy" Hinojosa/Rep. Susan Kings SB 503 by Sen. Charles Perry/Rep. Eddie Rodriguez SB 1358 by Sen. Donna Campbell/Rep. Susan King Increased DEAAG cap from $2M to $5M. New eligible use: infrastructure necessary to prevent reduction or closure of a base and funding to train workers to support military installations. Makes TMPC a stand-alone program in Governor's office. Connie Scott was confirmed by Senate as TMPC member. Legislative Outcomes Beach Funding HB 1915 by Reps. Abel Herrero & Todd Hunter/Sen. Juan "Chug" Hinojosa & Lois Kolkhorst All eligible coastal barrier island municipalities now eligible for 2% of State HOT for beach maintenance. Applicable to Gulf and Bay beaches. HOT collected within Corpus Christi's city limits, not just on barrier island. Exempts HOT for convention center hotel projects from collection for beach maintenance & must be used to pay debt service. Became law 6/19/15 without governor's signature. Effective 10/1/15. First funding available in first quarter of calendar year 2016. /tU BEST GULF. COAST BEACH TOWN EY LAD(RSO{GYIFSG['If ANGAZIIIF VIIIAGE OE E A A S Legislative Outcomes Windstorm Insurance SB 900 by Sen. Larry Taylor, et al/Rep. Greg Bonnen Restructures Texas Windstorm Insurance Association (TWIA) Board from majority insurance company representatives to equal representation - 3 insurance companies that actively write windstorm in the first tier; 3 first tier policy holders by region, one of which must be an insurance agent; and 3 public members residing 100 or miles from the coast. Current TWIA Board dissolves 9/30/15. Governor appoints new TWIA Board 10/1/15. Requires the Texas Department of Insurance (TDI) to study on a biennial basis possible incentives for voluntary writing of windstorm policies outside of TWIA. Requires TWIA to create a depopulation program. Restructures funding structure to cover insured losses through premiums, the Catastrophe Reserve Trust Fund, Class 1, 2 and 3 bonds, member company assessments and reinsurance to cover up to a 1 -in -100 year storm. Legislative Outcomes Oil and Gas HB 40 by Rep. Drew Darby/Sen. Troy Fraser 1. An "oil and gas operation" means an activity associated with the exploration, development, production, processing, and transportation of oil and gas, including drilling, hydraulic fracture stimulation, completion, maintenance, reworking, recompletion, disposal, plugging and abandonment, secondary and tertiary recovery, and remediation activities. 2. An oil and gas operation is subject to the exclusive jurisdiction of the state. 3. With a few exceptions, a city may not enact, amend, revise or enforce an ordinance or other measure, that bans, limits, or regulates an oil and gas operation within the boundaries or ETJ. Legislative Outcomes Oil and Gas HB 40 by Rep. Drew Darby/Sen. Troy Fraser (Continued) 4. Regulation of an oil and gas operation is expressly preempted, except under a four-part test. The ordinance or regulation: (a) regulates only aboveground activity related to an oil and gas operation that occurs at or above the surface of the ground, including a regulation governing fire and emergency response, traffic, lights, or noise, or imposing notice or reasonable setback requirements; (b) is commercially reasonable; (c) does not effectively prohibit an oil and gas operation conducted by a reasonably prudent operator; and (d) is not otherwise preempted by state or federal law. Legislative Outcomes Oil and Gas HB 40 by Rep. Drew Darby/Sen. Troy Fraser (Continued) 5. "Commercially reasonable" means a condition that would allow a reasonably prudent operator to fully, effectively, and economically exploit, develop, produce, process, and transport oil and gas, as determined based on the objective standard of a reasonably prudent operator and not on an individualized assessment of an actual operator's capacity to act. 6. If the ordinance or regulation has been in effect for at least five years and has allowed the oil and gas operations at issue to continue during that period then it is considered prima facie to be commercially reasonable. Legislative Outcomes Changing Deed Restrictions SB 1168 by Sen. Royce West/Rep. Jason Villalba Signed by Governor on 6/19/15. Effective 9/1/15 On May 23, a floor amendment was added in the House to amend the Property Code to authorize a restriction in a dedicatory instrument that restricts the use of certain real property, designated as an amenity property, to its use as a golf course or country club to be modified or terminated by petition. The bill passed five days later on May 28. The amendment was sought by the Blackard Global, developers of Barisi Village, to allow the project to move forward. The original bill HB 2594 died on the House Calendar on May 15. Legislative Outcomes Environment SB 912 by Sen. Kevin Eltife/Rep. Myra Crownover Signed by Governor on 5/29/15. Effective 9/1/15 Establishes a distinction between the reporting requirements related to discharges versus spills and to alleviate the overly burdensome reporting requirements of TCEQ on certain utilities. It changes the volume -based exemption from reporting requirements for certain accidental discharges or spills from wastewater facilities. This will be a BIG help to the City's sanitary sewer overflow (SSO) issue. Instead of immediate reporting of any volume of spill ("if it floats a toothpick"), SB 912 allows for monthly cumulative reports of minor accidental spills that do not reach public waters and do not adversely affect public health. Legislative Outcomes Higher Education HB 1 by Rep. John Otto/Sen. Jane Nelson Signed by Governor on 6/20/15. Effective 9/1/15 Overall funding increase for TAMUCC from approximately $117.2M in FY 14-15 to approximately $123.6M in FY 16-17, including $1M per FY increase for Engineering programs, including mechanical engineering, electrical engineering, and the STEM pipeline initiative. Contains funding for debt service in FY 2017 for tuition revenue bonds proposed in HB 100. HB 100 by Rep. John Zerwas, et al/Sen. Kel Seliger, et al Signed by Governor on 6/18/15. Effective 9/1/15 $60M Tuition Revenue Bond (TRB) for Life Sciences Research and Engineering Building, although construction cost is $120M. No funding for Arts and Media Building. Legislative Outcomes Sales Taxes HB 157 by Rep. Lyle Larson/Sen. Kevin Eltife A city may hold an election to impose a dedicated sales and use tax for sports and venue districts, crime control and prevention districts, economic development corporations, property tax relief, or street maintenance at any rate that is an increment of at least one-eighth of one percent and that would not result in a combined rate that exceeds the maximum local sales and use tax rate of two percent. A city may hold an election to impose its general sales and use tax at any rate that is an increment of at least one-eighth of one percent and that would not result in a combined rate that exceeded the maximum local sales and use tax rate of two percent. Cities now have the flexibility to ask voters to change the allocation of the dedicated and general sales and use taxes. Legislative Outcomes Property Taxes HB 992/HJR 75 by Rep. Dennis Bonnen/Sen. Larry Taylor Provides a complete residence homestead property tax exemption for the surviving spouse of a 100 percent or totally disabled veteran who died before the law authorizing a residence homestead exemption for such a veteran took effect, but only if the surviving spouse has not remarried since the death of the disabled veteran. Effective January 1, 2016, but only if HJR 75 (Proposition #2) is approved by the voters. HB 1953 by Rep. Dennis Bonnen/Sen. Juan "Chug" Hinojosa Allows a city or county to provide the required property tax rate notice not later than the later of September 1 or the 30th day after the first date the taxing unit receives each applicable certified appraisal roll. Effective January 1, 2016 Legislative Outcomes Property Taxes SB 1760 by Sen. Brandon Creighton/Rep. Dennis Bonnen (1) Requires at least 60 percent of a city's governing body to vote in favor of an ordinance setting a property tax rate that exceeds the effective tax rate (Corpus Christi already complies); (2) requires a taxing unit that increases property taxes to provide notice of how the taxing unit proposes to use the increase in total tax revenue; (3) provides that a property owner is not required to apply for a refund of taxes due to a correction of the tax roll in order to receive the refund; (4) provides that for a refund of taxes due upon final determination of an property tax appeal, the taxing unit shall include with the refund interest on the amount refunded calculated at an annual rate of 9.5 percent; and (5) allows a city or county to provide the required property tax rate notice not later than the later of September 1 or the 30th day after the first date the taxing unit receives each applicable certified appraisal roll. (Effective January 1, 2016.) Legislative Outcomes City Purchasing Contracts HB 1295 by Rep. Giovani Capriglione/Sen. Kelly Hancock Provides that: (1) a city is prohibited from entering into a contract with a business entity unless the business entity submits a disclosure of interested parties (i.e., discloses a person who has a controlling interest in the business or who actively participates in facilitating the contract for the business) if the contract: (a) requires an action or vote by the city council before the contract may be signed; or (b) the contract has a value of at least $1 million; (2) the disclosure must be on a form prescribed by the Texas Ethics Commission; and (3) a city must, not later than 30 days after receiving a disclosure, submit a copy to the Texas Ethics Commission. Effective September 1, 2015, but only applicable to contracts entered into on or after January 1, 2016. Legislative Outcomes Local Debt Reporting HB 1378 by Rep. Dan Flynn/Sen. Paul Bettencourt 1. Every political subdivision must annually compile and report: (a) debt obligation information for the political subdivision that must state: (i) the amount of all authorized debt obligations; (ii) the principal of all outstanding debt obligations; (iii) the principal of each outstanding debt obligation; (iv) the combined principal and interest required to pay all outstanding debt obligations on time and in full; (v) the combined principal and interest required to pay each outstanding debt obligation on time and in full; (vi) the amounts required by (i)- (v) limited to authorized and outstanding debt obligations secured by property taxes, expressed as a total amount and per capita amount; and (vii) for each debt obligation: (A) the issued and unissued amount; (B) the spent and unspent amount; (C) the maturity date; and (D) the stated purpose for which the debt obligation was authorized; Legislative Outcomes Local Debt Reporting (b) the current credit rating given by any nationally recognized credit rating organization to debt obligations of the political subdivision; and (c) any other information that the political subdivision considers relevant or necessary to explain the values; 2. Instead of replicating in the annual report information required on a political subdivision's website, a political subdivision may provide in the report a direct link to, or a clear statement describing the location of, the separately posted information; 3. As an alternative to preparing the required report, a political subdivision may provide all required debt information to the comptroller and have the comptroller post the information on the comptroller's official website; Legislative Outcomes Local Debt Reporting 5. Except as provided, the governing body of a political subdivision must take action to ensure that: (a) the annual report is made available for inspection by any person and is posted continuously on the political subdivision's website until the political subdivision posts the next annual report; and (b) the contact information for the main office of the political subdivision is continuously posted on the website, including the physical address, the mailing address, the main telephone number, and an email address; and 6. Except in the case of a public calamity, a case in which the issuer needs to act to protect the health of the residents, a case of unforeseen damage to public equipment or property, or to comply with a state or federal regulation, a city may not issue a certificate of obligation if the voters voted down a bond proposition for the same purpose within the preceding three years. Effective January 1, 2016 Legislative Outcomes Economic Development S.B. 100 by Sen. Juan "Chug" Hinojosa/Rep. Jim Murphy Provides that a county may create an enterprise zone within a city provided the county first enters into an interlocal agreement with the city specifying which entity has jurisdiction over the zone. Places limits on benefits to enterprise projects designed to retain, rather than create, jobs. Projects designed to retain jobs could receive a maximum refund of $1.25 million, whereas current law allows certain projects designed to retain jobs to receive a maximum refund of $3.75 million. Projects could be designated as double jumbo and triple jumbo only if they created new permanent jobs. Approved enterprise projects no longer would be eligible to receive a franchise tax credit. Allows a project designation to be split into two half designations, which could receive a maximum refund not to exceed $125,000 in each state fiscal year. Effective September 1, 2015 Questions? Snapper Carr General Counsel Focused Advocacy, LLC. 823 Congress Avenue, Suite 1200 Austin, Texas 78701 Tel: (512) 637-6020 Fax: (512) 637-6021 snapper@focusedadvocacy.com Tom Tagliabue Director, Intergovernmental Relations City of Corpus Christi P.O. Box 9277 1201 Leopard Corpus Christi, TX 78469-1201 361.826.3850 work tomtag@cctexas.com CITY OF CORPUS CHRISTI LEGISLATIVE PRIORITY TABLE 84th Regular Legislative Session Statistics on the 140th day Does not include vetoes for the 84th Session/Source: Texas Legislative Service SUCCESSFUL OUTCOME? House Senate TOTALS Metric 84R 83R Diff % 84R 83R Diff % 84R 83R Diff % Bills Filed 4,207 3,950 257 6% 2,069 1,918 151 8% 6,542 6,216 326 4.98% Joint Resolutions Filed 133 130 3 2% 67 63 4 1% Bills Passed 818 732 86 12% 504 705 -201 -29% 1,329 1,447 -118 -8.88% Joint Resolutions Passed 2 6 -4 -67% 5 4 1 25% Total % Passed 20.31% 23.28% -2.96% Vetoed by Governor 41 26 +15 Page 1 of 13 PRIORITY SUCCESSFUL OUTCOME? 9 ISSUES e 1. Support the passage of new, long-term, sustainable funding sources for transportation infrastructure; and the dedication of existing revenue generated from taxes, fees, or receipts related to transportation to the maintenance, improvement and expansion of roads, rail and public transportation. 4 Page 1 of 13 SJR 5 by Sen. Robert Nichols/Rep. Joe Pickett If voters approve SJR 5 on November 3, 2015, the Texas Department of Transportation (TxDOT) would receive $2.5 billion a year in state sales tax revenue beginning in the 2017-18 budget year, provided that overall revenue from the 6.25 -percent sales taxes exceeds $28 billion. FYI, the comptroller estimates overall sales tax in FY 2015-16 biennium will be almost $29.7 billion. The tax collection would be for 15 years and could be extended by the Legislature 10 years at a time. SJR 5 contains potential additional money for TxDOT: beginning in the 2019-20 fiscal year. TxDOT could receive 35 percent of any vehicle sales tax revenue above $5 billion in a fiscal year, which could generate an additional $250 million or more annually. The sales tax money cannot be used on toll road projects. HJR 109 by Pickett Constitutional Amendment to authorize a county to issue bonds or notes to finance a transportation or infrastructure project in a defined area of the county and to repay the bonds or notes with ad valorem taxes imposed on property in the area by the county or political subdivision. Known as the "TRZ bill" for Transportation Reinvestment Zones. Passed House Committee, but never got to House Calendars Committee 2. Provide cities and counties with additional local funding options and resources to address transportation needs that are not otherwise met by current funding sources or to offset any new transportation related costs or requirements by state or federal government. Examples could include gasoline tax, vehicle registration fee, an exemption of the sales tax cap, or other option. 2 House Bills & 1 SB never got out of committee v 1� • 3. Appropriate adequate funding for the Fiscal Years 2016-2017 biennium for the State of Texas to partner with local project sponsors to implement one or more seawater desalination projects to provide uninterruptible water supply and have corresponding positive impacts for water supplies in adjacent regions which will strengthen Texas' economy and sustain economic prosperity. No funding to advance seawater desalination in HB 1. v 1� 4. Appropriate $150 million in grant funding to Texas Military Preparedness4 Commission to assist defense communities with military value projects that enhance the installation's mission, improve operational efficiencies, and proactively address impacts from sequestration or other base realignment and closure activities that may happen in the future. HB 1 by Rep. John Otto/Sen. Jane Nelson Effective September 1, 2015, although funds likely won't be available until first quarter of calendar year 2016. Appropriation of $30M ($15M in each year of biennium) to the Governor's Office for the Defense Economic Adjustment Assistance Grant (DEAAG) program. 5. Amend Chapter 436, Government Code, to increase the cap on project awards for4 the Defense Economic Adjustment Assistance Grant (DEAAG) program from $2 million to $5 million. SB 503 by Sen. Charles Perry/Rep. Eddie Rodriguez Signed by Governor 5/22/15 — effective immediately Changes date of eligibility for Military Value Revolving Loan program for defense Page 2 of 13 communities affected by a base closure from 2005 to 1995 making Lubbock eligible. Raises the maximum DEAAG award from $2 million to $5 million. Expands eligible DEAAG projects to include infrastructure necessary to prevent reduction or closure of a base and funding to train workers to support military installations. SB 318 by Sen. Juan "Chuy" Hinojosa/Rep. Susan King Signed by Governor 6/17/15 — effective immediately Expands eligible DEAAG project to include those that retain current military missions. Raises the maximum DEAAG award from $2 million to $5 million. Expands eligible DEAAG projects to include infrastructure necessary to prevent reduction or closure of a base and funding to train workers to support military installations. 6. Secure for Corpus Christi and Port Aransas an equitable two percent (2%) portion of the state's Hotel Occupancy Tax for Gulf and Bay beach cleaning, maintenance and coastal erosion exactly as already provided to other barrier island municipalities. HB 1915 by Reps. Abel Herrero & Todd Hunter/Sen. Juan "Chuy" Hinojosa V Became law 6/19/15 without governor's signature. Effective 10/1/15 First funding available in first quarter of calendar year 2016. Also includes two communities in Brazoria County (Village of Surfside and Quintana). Exempts any revenues from a convention center hotel used to pay debt service from collection for beach maintenance. 7. Windstorm insurance reform that restructures the governing board of the Texas4 Windstorm Insurance Association (TWIA) to put consumers on equal footing with insurance company members; creates incentives to promote voluntary coverage of windstorm and hail policies in the Texas seacoast; establishes a financial structure at TWIA that provides a stable, sustainable and affordable rate structure to be able to cover on an annual basis up to $4.3 billion in loss claims at TWIA, would cover a 1 -in -100 year storm; requires member insurance companies pay allowable assessments sooner; establishes a small statewide catastrophic storm fund to pay for excess losses, and structures a more financially beneficial re -insurance program SB 900 by Sen. Larry Taylor/Rep. Greg Bonnen Signed by Governor on 6/16/15. Effective 9/1/15. Restructures TWIA Board from majority insurance company representatives to equal representation — 3 insurance companies that actively write windstorm in the first tier; 3 first tier policy holders by region, one of which must be an insurance agent; and 3 public members residing 100 or miles from the coast. Requires the Texas Department of Insurance (TDI) to study on a biennial basis possible incentives for voluntary writing of windstorm policies outside of TWIA. Requires TWIA to create a depopulation program. Restructures funding structure to cover insured losses through premiums, the Catastrophe Reserve Trust Fund, Class 1, 2 and 3 bonds, member company assessments and reinsurance to cover up to a 1 -in -100 year storm. SB 498 by Sen. Larry Taylor/Rep. Greg Bonnen Signed by Governor on 5/28/15. Effective immediately. Continues the WPIA8 building code compliance program. 8. Amend Texas Utilities Code to allow municipalities to purchase energy wholesale from a co -generation facility to provide low-cost power for seawater desalination plant. v 1� • Page 3 of 13 No legislation filed on this subject 9. Amend Chapter 212, Local Government Code, to empower municipalities to regulate development of wind farms within a municipality's extraterritorial jurisdiction (ETJ) HB 2238 by Rep. Chris Paddie — Never got out of committee due to opposition. v 1� HCR 123 by Rep. Todd Hunter — Did not pass, although an interim committee may still be created. Page 4 of 13 ACTIVELY SUPPORT C� r) ttl 'v h 9 ISSUES Appropriate funding to TxDOT and include specific riders in the General Appropriations Act for TxDOT securing funding for the construction of passing lanes for SH 361 between Corpus Christi and Port Aransas and for improvements to the Port Aransas ferry system. SH 361 passing lanes approved by TxDOT in Unified Transportation Plan (UTP) with Proposition 1 funding on 2/26/15. No legisla tion necess ary. Continue investing in Texas tourism promotion in the Governor's Office of Economic Development and Tourism. HB 1 by Rep. John Otto/Sen. Jane Nelson V Signed by Governor on 6/20/15. Effective 9/1/15 Baseline budget of approximately $70M for the biennium plus a rider appropriating any and all revenue received above the HB 1 line item totals. Could be as much as $93M for the biennium. Maintain the existing public school start date, which is vitally important to the tourism economy of the Coastal Bend. 4 bills changing the date did not pass V Amend statutes to eliminate impediments to development of water supply sources to4 meet the long-term needs of the State, whether it is through conservation, surface water, groundwater, aquifer storage and recovery, interbasin transfers, rainwater harvesting, or other strategies. HB 30 by Rep. Lyle Larson/Sen. Charles Perry Signed by Governor on 6/19/15. Effective immediately Authorizes Texas Water Development Board (TWDB) to study and report on implementation of large scale brackish groundwater in addition to seawater desalination for water supply. Promotes use of brackish groundwater over fresh groundwater. Requires designation of brackish groundwater production zones. HB 200 by Rep. Jim Keffer/Sen. Charles Perry Signed by Governor on 6/19/15. Effective immediately. Allow an affected person to petition a groundwater conservation district (GCD) to contract with the State Office of Administrative Hearings (SOAH) to conduct a contested case hearing to review the reasonableness of a Desired Future Condition (DFC) adopted by a GCD. Texas Water Development Board (TWDB) would conduct an administrative review of a petition submitted by a GCD and perform a scientific and technical study of the DFCs. The results would be delivered to SOAH Page 5 of 13 within 120 days of TWDB receipt of the petition. Prior to the delivery of the study, a GCD may seek assistance to mediate the issues raised in the petition. The bill repeals provisions that currently permit TWDB to resolve the petition. HB 655 by Rep. Lyle Larson, et al./Sen. Charles Perry, et al Signed by Governor on 6/16/15. Effective immediately Creates a regulatory framework for aquifer storage and recovery (ASR) projects that (i) clarifies that an amendment to a water right permit is not required to obtain an ASR permit, (ii) grants the Texas Commission on Environmental Quality exclusive jurisdiction to regulate aquifer storage and recovery projects, and (iii) clarifies that an ASR project does not have to obtain a permit from a local GCD as long as native groundwater is not being produced. Changes by HB 655 do not affect the ability of the Corpus Christi ASR District, certain Subsidence and Aquifer Districts to regulate ASR projects. HB 949 by Rep. Eddie Lucio, III/Sen. Charles Perry Signed by Governor on 5/28/15. Effective immediately H.B. 949 authorizes the Texas Water Development Board (TWDB), on the request of a retail public utility providing potable water that receives financial assistance from the TWDB and if such a utility's system water loss meets or exceeds a certain threshold based on a water audit, to waive the requirement that the utility use a portion of the financial assistance to mitigate the utility's system water loss if the TWDB finds that the utility is satisfactorily addressing the water loss. HB 632 by Rep. David Simpson — Did Not Pass (City opposed) Prevent the TWDB from having a water supply project in an adjoining region if the regional water planning group in that region opposes it. HB 1902 by Rep. Donna Howard/Sen. Judith Zaffirini Signed by Governor on 6/16/15. Effective immediately H.B. 1902 achieves four primary objectives by altering the standards that govern the Texas Commission on Environmental Quality's (TCEQ) rulemaking authority regarding graywater use. First, it would expand the sources from which graywater may originate by defining "alternative onsite water" and including it in relevant statutes governing graywater. Second, it would expand the allowable uses for graywater and alternative onsite water. Third, it would allow for greater clarity in the rules regarding the storage of graywater. Finally, it would clarify existing law regarding graywater and alternative onsite water. HB 2031 by Rep. Eddie Lucio, III/Sen. Juan "Chuy" Hinojosa Signed by Governor on 6/17/15. Effective immediately Requires a water supply entity to obtain a permit to divert and use seawater if the point of diversion is located less than three miles from any point located on the coast of Texas or if the seawater contains a total dissolved solids (TDS) concentration based on a yearly average of samples taken at the water source of less than 20,000 milligrams per liter. Authorizes a water supply entity to divert and use seawater without obtaining a permit in cases where a permit is not required. Authorizes a water supply entity to use applicable marine seawater for any beneficial purpose if the seawater is treated in accordance with rules adopted by the Texas Commission on Environmental Quality (TCEQ) before it is used. Such rules may impose different treatment requirements based Page 6 of 13 on the purpose for which the seawater is to be used but requires the rules to require that the seawater be treated based on whether the water is to be used as public drinking water, whether the bed and banks of a flowing natural stream in Texas or a lake, reservoir, or other impoundment in Texas are to be used to convey the water, or whether the water is to be discharged into a flowing natural stream in Texas or a lake, reservoir, or other impoundment in Texas. Requires TCEQ to adopt rules providing an expedited procedure for acting on an application for a permit and requires the rules to provide for notice, an opportunity for the submission of written comment, and an opportunity for a contested case hearing regarding TCEQ actions relating to a permit. Prohibits the point of diversion of marine seawater from being in a bay or estuary. The bill requires TCEQ to adopt rules prescribing the number of points. HB 4097 by Rep. Todd Hunter, et al/Sen. Lois Kolkhorst, et al Signed by Governor on 6/17/15. Effective immediately. Requires the Public Utility Commission of Texas (PUC), in cooperation with transmission and distribution utilities and the Electric Reliability Council of Texas (ERCOT) independent system operator, to study whether existing transmission and distribution planning processes are sufficient to provide adequate infrastructure for seawater desalination projects. Requires PUC to include recommendations in the report if the PUC determines that statutory changes are needed to ensure that adequate infrastructure is developed for projects of that kind. Requires PUC and the ERCOT independent system operator to study the potential for seawater desalination projects to participate in existing demand response opportunities in the ERCOT market. (a) Authorizes TCEQ to issue a permit under this section to authorize a diversion of state water from the Gulf of Mexico or a bay or arm of the Gulf of Mexico for desalination and use for industrial purposes if it meets the same conditions listed in HB 2301 (above). Same requirements as HB 2301 for determining TDS. Authorizes a general permit issued under this section to authorize an injection well for the disposal of concentrate produced by the desalination of seawater. HB 4112 by Rep. Dewayne Burns/Sen. Charles Perry Sign by Governor on 6/16/15. Effective immediately Amends the Water Code to establish that the groundwater ownership and rights recognized by the legislature entitle a landowner, including a landowner's lessees, heirs, or assigns, to have any right recognized under common law and not just the right to drill for and produce the groundwater below the surface of real property without causing waste or malicious drainage of other property or negligently causing subsidence. HB 4112 is in response to a recent court case that established a private property right that is not referenced in the statute, and the parties contended that the statute must be amended to recognize any common law right the courts established for groundwater SB 854 by Sen. Judith Zaffirini/Rep. Eddie Lucio, III Signed by Governor on 6/1/15. Effective 9/1/15 Requires automatic renewal of operating permits by groundwater conservation districts (GCSs) if the permit holder submits the renewal application in a timely manner with all required fees and is not requesting a change that would require a permit amendment. The GCD would not be required to renew a permit if the applicant was delinquent in paying a fee required by the GCD or was subject to a pending enforcement action for a violation of a GCD permit, order, or rule. If the holder of an operating permit requests a change to the permit that requires an amendment under GCD rules, the original permit Page 7 of 13 would remain in effect until the conclusion of the permit amendment process. This bill also allows a GCD to initiate an amendment process for an operating permit, in connection with the renewal of the permit or otherwise, to achieve the GCD's statutory purposes, including achieving desired future conditions for the relevant aquifers within GCD's management area. SB 1101 by Sen. Kevin Eltife/Rep. Chris Paddie Signed by Governor on 6/19/15. Effective 9/1/15 Allows Texas Water Development Board (TWDB) to determine the amount of groundwater supply for regional water planning purposes in an area with no groundwater conservation district. Successfully defeated inclusion of HB 623 by Simpson as amendment. Repeal the limitations in state law on the number of design build civil works projects a governmental entity is allowed to undertake. HB 3687 by Rep. James Frank — Did not pass X Proposed repeal Section 2269.354, Government Code, limiting the number of design - build projects. Amend state law to increase in the administrative change order authority from $100, 000 to 5% of the base contract value, not to exceed $500, 000. No bill filed on this subject X Protect integrity of ballots by supporting consistent requirements for all political4 subdivisions, including the State of Texas; opposing inclusion of meaningless and superfluous calculations that serve no comparative purpose; opposing unnecessary expansive ballot language designed to create taxpayer confusion and increase the cost of elections, and support the elimination of data reporting redundancies. Successfully defeated almost one dozen punitive, cumbersome and costly bills on bond ballot language. HB 1378 by Rep. Dan Flynn/Sen. Paul Bettencourt Signed by Governor on 6/18/15. Effective 1/1/16 Require a political subdivision to compile and report certain debt information to the Comptroller, who would be required to post the debt obligation information on the Comptroller's website. A political subdivision would include on its website a link to the Comptroller's website where the debt information is located. The bill would permit certain counties or municipalities, as an alternative to the reporting requirements, to provide the Comptroller with the debt information and the Comptroller would be required to post the information on its website. Certain districts who comply with financial document requirements under Chapter 49, Water Code satisfy the requirements of the bill and must submit the documents to the Comptroller to be posted on the Comptroller's website. Finally, the bill prohibits political subdivisions, except in limited circumstances, from authorizing a certificate to pay a contractual obligation if an issuance of bonds for the same purpose that was not approved by voters within the preceding three years. Free up $1 billion of previously collected Texas Emission Reduction Program (TERP) funds to improve air quality in near non -attainment areas instead of using those funds to certify the state budget. HB 1 by Rep. John Otto/Sen. Jane Nelson 4 Page 8 of 13 Signed by Governor on 6/20/15. Effective 9/1/15 Article VI, Rider 20, Texas Commission on Environmental Quality (TCEQ) increased funding for TERP from $77.5M per FY to $118.1M per FY. Increased funding for all but two line items in TERP program - administration, emission reduction grants, clean fleet, clean bus, natural gas vehicle, clean transportation triangle, alternative funding, new technology, energy systems, and drayage trucking. Only health effects study and research did not receive increases. Article VI, Rider 7 appropriated $6,000,500 (an increase of $1M for biennium) for near non -attainment areas. Increased eligible areas from 9 to 10 (adding Killeen -Temple). Each area is guaranteed a minimum of $350,000. Change notice requirements for public oil and gas waste disposal permit applications in v watersheds. 1 No bill filed on this subject Support Marine Jobs Bill which encourages large marine vessel currently registered in v other states and foreign countries to be registered in Texas and dock those vessels in 1� Texas marinas and creates incentives for vessels bought and sold in Texas to remain docked in Texas. HB 619 by Rep. Greg Bonnen Defeated by House 45-91 vote on 5/6/15 Page 9 of 13 ENDORSE SUCCESSFUL OUTCOME? 9 ISSUES 44. Support appropriation requests by Texas A&M University -Corpus Christi: (a) capital projects (Life Sciences Research and Engineering Building and Arts and Media Building) whether funded through tuition revenue bonds or other sources, (b) $11.5 million exceptional item funding for the Lone Star Unmanned Aircraft System Center for Excellence and Innovation for engineering/computing support staff and research fellows critical to the continuing research and development and operation of the program, including support of command and control center operations, range management and operation, and increased test site programming efforts; (c) $3 million exceptional item funding for expansion of engineering programs; and (d) $400, 000 exceptional item funding for two staffpositions and operational funding to support clients and the continued development of the Coastal Bend Innovation Center program. HB 1 by Rep. John Otto/Sen. Jane Nelson Signed by Governor on 6/20/15. Effective 9/1/15 Overall funding increase for TAMUCC from approximately $117.2M in FY 14-15 to approximately $123.6M in FY 16-17, including $1M per FY increase for Engineering programs, including mechanical engineering, electrical engineering, and the STEM pipeline initiative. Contains funding for debt service in FY 2017 for tuition revenue bonds proposed in HB 100. HB 100 by Rep. John Zerwas, et al/Sen. Kel Seliger, et al Signed by Governor on 6/18/15. Effective 9/1/15 $60M for Life Sciences Research and Engineering Building, although construction cost is $120M. No funding for Arts and Media Building. Support appropriation/policy requests by Del Mar College. Community colleges in general fared very poorly in the 84th session. Del Mar lost $1.2 million from the past biennium. Success -based funding that was imposed only on community colleges continued to use improper definitions of success that cost formula funds for Del Mar. One bad rider in the appropriations bill will require us to report the enrollment funding earned on each community college campus, and to track and justify if dollars spent on one campus that were earned teaching classes a different campus of the same community college. Gov. Abbott vetoed a $200,000 line item for a maritime museum for Del Mar College that it did not request and did not know was included in HB 1. v 1� Support legislation that enables the Corpus Christi Regional Transportation Authority's Addre Page 10 of 13 (CCRTA) compressed natural gas (CNG) re -fueling station to be used by City and other governmental entity fleet vehicles. Amend statute to allow fuel deliveries to vehicles of other governmental entities without jeopardizing the CCRTA's continued use of the decal system for its payment of fuel taxes. ssed admin istrati vely by Comp troller 's Office Oppose efforts to reduce or eliminate the original jurisdiction of cities in rate cases (TCAP). No bills filed on this subject Remove barriers to utilizing electric transmission right of way for municipally -owned hike and bike trails (TCAP). Two bills filed, but neither passed. v 1� Promote public-private partnerships to develop small scale generation projects. This would renew an effort from the last regular legislative session (TCAP). No bills filed on this subject v 1� Maximize the use of revenues from the sporting goods sales tax and federal funds to4 increase funding for parks and recreation programs for both Local and State parks and that all Texas Recreation & Parks Account Local Park Grant Program (TRPA) and Urban Account funded park projects be subject to the established Texas Parks and Wildlife Department (TPWD) competitive scoring system (TRAPS). HB 158 by Rep. Lyle Larsen/Sen. Craig Estes Effective September 1, 2015 Repeals the prohibition crediting to the Parks and Wildlife Department or the Texas Historical Commission any amount of taxes imposed on the sale of sporting goods in excess of the amounts appropriated to the department or commission, respectively. Requires money credited to Parks and Wildlife Department accounts to be appropriated only to acquire, operate, maintain, and make capital improvements to parks or for local parks assistance. SB 1366 by Sen. Lois Kolkhorst, et al/Rep. Larry Gonzales, et al Signed by Governor on 5/28/15. Effective 9/1/15 (1) Removes the current 74 percent cap on the amount of sporting goods sales tax revenue that is transferred to the State Parks Account; (2) Limits the transfer to an amount not to exceed what is appropriated by the legislature during the biennium; (3) Limits the amount of money transferred to the Texas Parks and Wildlife Conservation and Capital Account to an amount not to exceed the amount appropriated by the legislature during the biennium; (4) Removes the current 15 percent cap on the amount of sporting goods sales tax that is transferred to the Texas Recreation and Parks Account, (5) Limits the transfer to an amount not to exceed what is appropriated by the legislature during the biennium; (6) Removes the current 10 percent cap on the sporting goods sales tax that is transferred to the Large County and Municipality Recreation and Parks Account; (7) Limits the transfer to an amount not to exceed what is appropriated by the legislature Page 11 of 13 during the biennium; and (8) Repeals the state law prohibiting the state comptroller from crediting to the Parks and Wildlife Department or the Texas Historical Commission any amount of taxes imposed on the sale of sporting goods in excess of the amounts appropriated to the department or commission, respectively. Restore funding to the TRPA and Urban accounts at Texas Parks and Wildlife Department in the amount of at least $15.5 million per fiscal year (TRAPS). HB 1 by Rep. John Otto/Sen. Jane Nelson V Signed by Governor on 6/20/15. Effective 9/1/15 $14.2 million appropriated to the Large County and Municipality Recreation and Parks Account, an increase of $7.4 million, for local parks grants to cities and counties with populations over 500,000. Support legislation to enhance state regulation of payday and auto title lending practices. Oppose legislation that preempts city regulations by ordinance. 23 bills filed to curb predatory lending practices in Texas, but NONE passed. v 1 Support funding the Texas Workforce Commission (TWC) to enhance skills development, job creation, literacy and numeracy training and other services to meet the demands of business and industry in the Coastal Bend. HB 1 by Rep. John Otto/Sen. Jane Nelson x Signed by Governor on 6/20/15. Effective 9/1/15 Funding includes $3.0 million in General Revenue Funds for the Apprenticeship program to increase the number of students served and the reimbursements provided for the related apprenticeship classroom training. SB 208 by Sen. Donna Campbell/Rep. Cindy Burkett Signed by Governor on 6/19/15. Takes effect 9/1/15, except Sections 4, 6, 7, 8, and 19 take effect 9/1/16, and Section 26 has no effect. Requires TWC to include information regarding any formal enforcement action taken by the commission against a career school or college on its current directory of schools. Allows TWC to receive criminal history record information from the Department of Public Safety (DPS) for certain individuals associated with the administration of vocational rehabilitation services and other programs. Transfers the powers and duties under three chapters of the Human Resources Code from the Department of Assistive and Rehabilitative Services (DARS) to the TWC. Transfers the Vocational Rehabilitation (VR), Business Enterprises of Texas, Older Blind Independent Living Services, and the Criss Cole Rehabilitation Center programs from DARS to TWC on September 1, 2016 subject to federal approval of the transfer. Transfers the powers and duties of the Human Rights Commission to the TWC three-member commission and streamlines the Civil Rights Division functions. Requires TWC to develop risk - assessment criteria in determining the circumstances of providing additional reviews of the personnel policies and procedures of state agencies, and to set the related reimbursement rates at a level necessary to recover such expenses. Authorizes TWC to participate in the federal Treasury Offset Program; requires TWC to collect and report on information regarding employment discrimination complaints; adds reporting requirements for TWC related to the effectiveness of their subsidized child care programs; and eliminates statutes enabling the Civil Rights Division's review of Fire Department tests, Rehabilitation Council of Texas, and the Human Rights Commission. Page 12 of 13 BILLS OF INTEREST SUCCESSFUL 5 of 6 OUTCOMES? (83% 6 ISSUES City opposes bills that - • Results in the loss of revenue or negatively impacts potential revenue growth. • Diminishes the authority of cities to regulate and manage their growth and development. City and TML successfully defeated several restrictive and punitive Appraisal Caps/Revenue Caps 't - City opposes bills that4 • Undermines the principles of Home Rule and Local Control. • Diminishes the authority of cities to regulate and manage their growth and development. City and TML successfully defeated several terrible annexation bills that would have crippled cities and stifled growth. One annexation bill the City opposed related to accepting county roads was passed. HB 1949 by Rep. Drew Springer, Rep. J.M. Lozano/Sen. Van Taylor Signed by Governor on 6/19/15. Effective 9/1/15 Require annexing city to assume responsibility for county roads regardless of condition. HB 80 by Rep. Tom Craddick/Sen. Judith Zaffirini v 1� Texting While Driving Statewide Ban did not pass Red Light Cameras Bills banning red light cameras in cities almost passed. Even the Chairman of the committee that ultimately killed the bills indicated he does not support red light cameras. V SB 1168 by Sen. Royce West/Rep. Jason Villalba N Signed by Governor on 6/19/15. Effective 9/1/15 Amends the Property Code to authorize a restriction in a dedicatory instrument that restricts the use of certain real property, designated as an amenity property, to its use as a golf course or country club to be modified or terminated by petition. This bill is being sought by the Blackard Global, developers of Barisi Village. SB 912 by Sen. Kevin Eltife/Rep. Myra Crownover4 Signed by Governor on 5/29/15. Effective 9/1/15 Establishes a distinction between the reporting requirements related to discharges versus spills and to alleviate the overly burdensome reporting requirements of TCEQ on certain utilities. It changes the volume -based exemption from reporting requirements for certain accidental discharges or spills from wastewater facilities. This will be a BIG help to the City's sanitary sewer overflow (SSO) issue. Page 13 of 13 Texas Municipal League Legislative UPDATE Subject Index for City -Related Bill Summaries Property Tax 4 Sales Tax 7 Purchasing 8 Elections 10 Open Government 13 Other Finance and Administration 15 Municipal Courts 22 Community and Economic Development 25 Personnel 30 Public Safety 32 Transportation 44 Utilities and Environment 46 The Cutting Room Floor 52 June 5, 2015 Number 23 Eighty -Fourth Texas Legislature Adjourns: Local Control Took Some Hits But Mostly Survived Somewhere in the files of a corporate -funded think tank, there is no doubt a memo from a public relations firm outlining a lobbying campaign to overturn city ordinances by state laws. The age- old battle to undermine local control traditionally has been waged every session behind closed doors in the Capitol. But this year, some groups unveiled new rhetoric from their spin doctors and wrapped themselves in the banner of "liberty!" Armed with a shiny new populist slogan, the assault on local control came out of the shadows and unleashed a tidal wave of bills to limit the ability of citizens to influence the laws governing their neighborhoods and their cities. Fortunately, reason and good judgment prevailed over the new sound bite. A majority of legislators in both chambers continue to understand that local control builds prosperity rather than hinders it. A majority still understands that the so-called "patchwork" of local regulations is actually good because it recognizes that Texans don't like being told there's only one way of thinking or one way of living. In fact, people who live in Fort Stockton may be proud that their 1 city ordinances are different than those in Fort Worth, and vice versa. That diversity is what gives us identity and makes this state great. Considering the onslaught of detrimental bills, cities emerged from this regular session relatively intact. We took some body blows, but we remain standing. Case in point? City officials were not able to overcome the power and influence of the state's oil and gas industry, which succeeded in limiting — but not eliminating — local rules governing oil and gas development. Political reality made it clear from the very beginning of the session that more than two-thirds of legislators would vote to prohibit cities from banning fracking. However, legislative leaders made it clear they support long-standing city regulations designed to protect health and safety in residential neighborhoods. Accordingly, H.B. 40 by Rep. Drew Darby (R — San Angelo) contains a clear list of permissible surface regulations, including commercially reasonable setbacks. Oil and gas companies that attempt to misuse the legislation to challenge those regulations will meet strong resistance from the League. (The League will create a clearinghouse to monitor legal challenges to existing drilling ordinances.) On most other issues, cities completely fended off the assault on local control: • Harmful revenue caps were proposed in both the House and Senate, but did not pass. These caps, which got more traction than in recent sessions, would have put a hard four percent cap on property tax increases by requiring a mandatory citizen election to raise taxes. In lieu of revenue caps, S.B. 1760 by Sen. Brandon Creighton (R — Conroe) requires a 60 percent vote of any governing body, including a city council, to adopt a tax rate that exceeds the effective tax rate. The bill will affect cities with councils of seven, nine, or eleven -plus voting members by requiring one additional "aye" vote to pass a tax increase. But the bill also gives cities extra time to publish notice of such tax rates when the appraisal district is late in providing the appraisal role. (A separate bill, H.B. 1953 by Rep. Dennis Bonnen (R — Angleton), did the same thing). This extension of time was one of the League's legislative priorities. • Harmful legislation that would have limited city debt also failed to pass. Instead, H.B. 1378 by Rep. Dan Flynn (R — Van) will require cities to file a financial report annually containing, among other things, information about city debt loads. The League's legal department will educate city officials about the bill's requirements in the coming months. • Legislation that would have ended home rule annexation authority progressed further than it has in over a decade, dying on a point of order in the House and passing the Senate too late in the process to meet House deadlines. In the interim, the League will be busy reemphasizing the importance of annexation to the success of the Texas economy in preparation for what's sure to be continued assault in 2017. • Meanwhile, beneficial transportation legislation passed in the form of S.J.R. 5 by Sen. Robert Nichols (R — Lake Jackson). The bill initially dedicates $2.5 billion in sales tax 2 revenue to highway construction, and possibly additional motor vehicle sales taxes in future years. It requires an amendment to the Texas Constitution that must be passed by voters this November. • The state budget, H.B. 1, restored local parks funding to previous historic funding levels of approximately $15 million per year and includes an additional $12 million to fund parks in certain cities. Cities can also expect additional mixed beverage tax reimbursements over the next biennium due to a new tax calculation formula. • One of the League's priorities was passing legislation that would permit Internet publication of certain notices in lieu of newspaper publication, but once again the newspaper lobby killed the idea. On a positive note, however, H.C.R. 96 directs the speaker of the House of Representatives and the lieutenant governor to create a joint interim committee to study the issue of advertising public notices on the Internet. The Important Numbers Over 400 more bills were filed in 2015 than in 2013, 6,476 compared to 6,061. At one point in the session, the League was tracking 1,600 of those bills, each of which would have affected city authority. In 2013, lawmakers passed 23.7 percent of bills filed. This year, only 20.5 percent made the cut. This was ultimately a relatively "quiet" session, which is surprising in light of the "liberty vs. local control" dynamic. Total Bills Total Bills City -Related City -Related Year Introduced* Passed Bills Introduced Bills Passed 2001 5,712 1,621 1,200+ 150+ 2003 5,754 1,403 1,200+ 110+ 2005 5,369 1,397 1,200+ 105+ 2007 6,374 1,495 1,200+ 120+ 2009 7,609 1,468 1,500+ 120+ 2011 6,303 1,410 1,500+ 160+ 2013 6,061 1,437 1,700+ 220+ 2015 6,476 1,329 1,600+ 220+ *Includes bills and proposed Constitutional amendments; regular session only. 3 Looking Ahead City officials will need to think deeply during the interim about what this year's philosophical attack on local control really means. If local control were no longer a good thing (we're still a ways from that being so), what would happen to the "Texas Miracle?" Stay tuned. City -Related Bills The following sections contain summaries of the major city -related bills passed by the 84th Legislature. The governor has until June 21 to sign bills, veto them, or let them become law without his signature. The effective date of each bill is noted in a parenthetical following each bill described below. Some of the bills will become effective as soon as they are signed (e.g., "effective immediately"), others (unless vetoed) will become effective on September 1, and a few have special effective dates. Future issues of the TML Legislative Update or Texas Town & City magazine will provide additional details on some of the bills described here, may include summaries of "straggler" bills that for various reasons weren't summarized at the time of printing, and will provide other updates as appropriate. The text of any bill is available at the Texas Legislature's website. Property Tax H.B. 706 (Farrar/Huffman) — Property Tax Exemption: provides that, once a person claims a property tax exemption for the amount of appraised value of the person's property that arises from the installation of solar or wind -powered energy device, the exemption need not be claimed in subsequent years. (Effective January 1, 2016.) H.B. 992 (D. Bonnen/L. Taylor) — Property Tax Exemption: provides a complete residence homestead property tax exemption for the surviving spouse of a 100 percent or totally disabled veteran who died before the law authorizing a residence homestead exemption for such a veteran took effect, but only if the surviving spouse has not remarried since the death of the disabled veteran. (Effective January 1, 2016, but only if H.J.R. 75, below, is approved by the voters.) H.B. 994 (Anchia/West) — Property Tax Exemption: makes permanent the property tax exemption for landfill -generated gas conversion facilities and provides that the exemption applies to certain tangible personal property only, and not to real property. (Effective January 1, 2016.) H.B. 1022 (Moody/Rodriguez) — Property Tax Exemption: provides, for purposes of the residence homestead property tax exemption, that a residence homestead includes a property occupied by an property owner's surviving spouse who has a life estate in the property. (Effective January 1, 2016.) 4 H.B. 1463 (Raymond/Uresti) — Property Tax Exemption: requires a chief appraiser to take certain steps prior to cancelling a residence homestead property tax exemption received by an individual over 65 years of age, including: (1) providing written notice to the individual receiving the exemption, which must include a form on which the individual may indicate whether the individual is qualified to receive the exemption; and (2) cancelling the exemption if the chief appraiser doesn't receive a response to the mailed notice within 60 days, so long as a reasonable effort is made to locate the individual and determine whether the individual is qualified to receive the exemption. (Effective September 1, 2015.) H.B. 1464 (Raymond/Zaffirini) — Property Tax Exemption: provides that: (1) the comptroller's application form for land to be appraised based upon agricultural use must include a space for the claimant to state the claimant's date of birth; and (2) a chief appraiser must take certain steps prior to making a determination that land owned by an individual 65 years of age or older has been diverted to a nonagricultural use, including: (a) providing written notice to the property owner stating that the chief appraiser believes the land may have been diverted to a nonagricultural use, which must include a form on which the owner indicates whether the owner remains entitled to have the land designated for agricultural use; and (b) determining the land has been diverted to a nonagricultural use if the chief appraiser doesn't receive a response to the mailed notice within 60 days, so long as a reasonable effort is made to locate the individual and determine whether the individual is entitled to have the land designated for agricultural use. (Effective September 1, 2015.) H.B. 1933 (Darby/Hinojosa) — Property Tax Delinquency: provides, among other things, that: (1) with regard to installment payments of property taxes, if the delinquency date is a date other than February 1: (a) the second of four installments must be paid before the first day of the second month after the delinquency date; (b) the third installment must be paid before the first day of the fourth month after the delinquency date; and (c) the fourth installment must be paid before the first day of the sixth month after the delinquency date; and (2) the notice of property tax delinquency must prompt the taxpayer to contact the tax collector of a taxing unit regarding the right to enter into an installment agreement, instead of the taxing unit itself. (Effective September 1, 2015.) H.B. 1953 (D. Bonnen/Hinojosa) — Property Tax Notice: allows a city or county to provide the required property tax rate notice not later than the later of September 1 or the 30th day after the first date the taxing unit receives each applicable certified appraisal roll. (Effective January 1, 2016.) H.B. 2083 (Darby/Hancock) — Property Tax Appraisal: requires the selection of comparable properties and the application of appropriate adjustments for the determination of an appraised value of property to be based upon the application of generally accepted methods and techniques. (Effective January 1, 2016.) VETOED H.B. 2282 (Guillen/Uresti) — Property Tax Protests: provides, among other things, that an appraisal review board and chief appraiser must review the evidence or arguments provided by a property owner before a hearing on a protest. (Effective September 1, 2015.) 5 H.J.R. 75 (D. Bonnen/L.Taylor) — Property Tax Exemption: proposes an amendment to the Texas Constitution that will permit the legislature to provide a complete residence homestead property tax exemption for the surviving spouse of a 100 percent or totally disabled veteran who died before the law authorizing a residence homestead exemption for such a veteran took effect, but only if the surviving spouse has not remarried since the death of the disabled veteran. (Effective if approved at the election on November 3, 2015.) S.B. 1 (Nelson/D. Bonnen) — Property Tax Exemption: provides, among other things, that a property owner is entitled to an exemption from taxation by a school district of $25,000 of the appraised value of the person's residence homestead. (Note: S.B. 1, a major property tax relief bill, does not directly affect city property tax revenue.) (Effective on the date that S.J.R. 1, below, is approved by the voters.) S.B. 593 (Watson/Darby) — Property Tax Appraisal: provides, among other things, that: (1) a property owner or appraisal district that is a party to a property tax appeal may request that the parties engage in settlement discussions though an informal settlement conference or alternative dispute resolution; and (2) upon the motion of either party, the court shall enter orders necessary to implement the pretrial settlement discussions. (Effective immediately.) S.B. 833 (Campbell/S. King) — Property Tax Exemption: provides that a qualified residential structure does not lose its character as a residence homestead for property tax exemption purposes if a person temporarily stops occupying the structure as a principal residence due to the person's military service inside or outside the United States. (Effective immediately.) S.B. 918 (Nichols/Otto) — Property Tax Exemption: provides that, once a veterans' organization or county fair association claims a property tax exemption as authorized by state law, the exemption need not be claimed in subsequent years. (Effective January 1, 2016.) S.B. 1420 (Hancock/Murphy) — Property Tax Notice: requires the notice of appraised value sent to a property owner by a chief appraiser to include notice that an exemption or partial exemption approved for the property for the preceding year was canceled or reduced for the current year. (Effective January 1, 2016.) S.B. 1760 (Creighton/D. Bonnen) — Property Tax Procedures: this bill, among other things: (1) requires at least 60 percent of the members of the governing body of a city to vote in favor of an ordinance setting a property tax rate that exceeds the effective tax rate; (2) requires the governing body of a taxing unit that increases property taxes to provide notice of how the taxing unit proposes to use the increase in total tax revenue; (3) provides that a property owner is not required to apply for a refund of taxes due to a correction of the tax roll in order to receive the refund; (4) provides that for a refund of taxes due upon final determination of an property tax appeal, the taxing unit shall include with the refund interest on the amount refunded calculated at an annual rate of 9.5 percent; and (5) allows a city or county to provide the required property tax rate notice not later than the later of September 1 or the 30th day after the first date the taxing unit receives each applicable certified appraisal roll. (Effective January 1, 2016.) 6 S.J.R. 1 (Nelson/D. Bonnen) — Property Tax Exemption: would amend the Texas Constitution to provide, among other things, that a property owner is entitled to an exemption from taxation by a school district of $25,000 of the appraised value of the person's residence homestead. (Effective if approved at the election on November 3, 2015, and — if approved — would take effect for the tax year beginning January 1, 2015.) Sales Tax H.B. 157 (Larson/Eltife) — Sales Tax: provides that: (1) a city may hold an election to impose a dedicated sales and use tax for sports and venue districts, crime control and prevention districts, economic development corporations, property tax relief, or street maintenance at any rate that is an increment of at least one-eighth of one percent and that would not result in a combined rate that exceeds the maximum local sales and use tax rate of two percent; and (2) a city may hold an election to impose its general sales and use tax at any rate that is an increment of at least one- eighth of one percent and that would not result in a combined rate that exceeded the maximum local sales and use tax rate of two percent. (Effective September 1, 2015.) H.B. 158 (Larson/Estes) — Sporting Goods Sales Tax: this bill: (1) repeals the state law prohibiting the state comptroller from crediting to the Parks and Wildlife Department or the Texas Historical Commission any amount of taxes imposed on the sale of sporting goods in excess of the amounts appropriated to the department or commission, respectively; and (2) requires money credited to Parks and Wildlife Department accounts to be appropriated only to acquire, operate, maintain, and make capital improvements to parks or for local parks assistance. (Effective September 1, 2015.) H.B. 1841 (G. Bonnen/Perry) — Sales Tax Exemption: provides that a service performed on behalf of an insured by a person licensed as a public insurance adjuster is not subject to sales taxes. (Effective October 1, 2015.) H.B. 2507 (Kacal/Seliger) — Sales Tax Exemption: exempts certain equipment used for digital audio broadcasting from sales and use taxes. (Effective September 1, 2015.) H.B. 2712 (Geren/Hancock) — Sales Tax Exemption: exempts certain tangible personal property necessary and essential to the operation of a qualified large data center project from sales and use taxes for 20 years. (Effective immediately.) H.B. 2853 (R. Anderson/West) — Street Maintenance Sales Tax: provides, among other things, that street maintenance sales tax revenue may be used to maintain city sidewalks. (Effective immediately.) S.B. 31 (Zaffirini/Guillen) — Volunteer Fire Department Sales: allows a volunteer fire department or emergency service organization to hold up to ten sales tax free sales or auctions each calendar year under limited circumstances. (Effective immediately.) 7 S.B. 755 (V. Taylor/Button) — Sales Tax Exemption: characterizes the sale of a computer program to a provider of Internet hosting who acquires the computer program for the purpose of selling the right to use the computer program to an unrelated user of Internet hosting services as a "sale for resale," thereby exempting the program from sales taxes. (Effective immediately.) S.B. 904 (Hinojosa/Darby) — Sales Tax Exemption: exempts the sale of an emergency preparation item from sales and use taxes if the sale taxes place during a three-day period each April. (Effective September 1, 2015.) S.B. 1356 (Hinojosa/Darby) — Sales Tax Exemption: exempts the sale of a water -conserving or WaterSense product from sales and use taxes if the sale taxes place on Memorial Day weekend. (Effective October 1, 2015.) S.B. 1366 (Kolkhorst/Gonzales) — Sporting Goods Sales Tax: this bill: (1) removes the current 74 percent cap on the amount of sporting goods sales tax revenue that is transferred to the State Parks Account; (2) limits the transfer to an amount not to exceed what is appropriated by the legislature during the biennium; (3) limits the amount of money transferred to the Texas Parks and Wildlife Conservation and Capital Account to an amount not to exceed the amount appropriated by the legislature during the biennium; (4) removes the current 15 percent cap on the amount of sporting goods sales tax that is transferred to the Texas Recreation and Parks Account, (5) limits the transfer to an amount not to exceed what is appropriated by the legislature during the biennium; (6) removes the current 10 percent cap on the sporting goods sales tax that is transferred to the Large County and Municipality Recreation and Parks Account; (7) limits the transfer to an amount not to exceed what is appropriated by the legislature during the biennium; and (8) repeals the state law prohibiting the state comptroller from crediting to the Parks and Wildlife Department or the Texas Historical Commission any amount of taxes imposed on the sale of sporting goods in excess of the amounts appropriated to the department or commission, respectively. (Effective September 1, 2015.) S.B. 1396 (West/Paddie) — Aircraft Sales Tax: provides, among other things, that sales and use taxes are not collected on the sale of aircraft that are made for purposes of resale. (Effective September 1, 2015.) Purchasing H.B. 1295 (Capriglione/Hancock) — City Contracts: provides that: (1) a city is prohibited from entering into a contract with a business entity unless the business entity submits a disclosure of interested parties (i.e., discloses a person who has a controlling interest in the business or who actively participates in facilitating the contract for the business) if the contract: (a) requires an action or vote by the city council before the contract may be signed; or (b) the contract has a value of at least $1 million; (2) the disclosure must be on a form prescribed by the Texas Ethics Commission; and (3) a city must, not later than 30 days after receiving a disclosure, submit a copy to the Texas Ethics Commission. (Effective September 1, 2015, but only applicable to contracts entered into on or after January 1, 2016.) 8 H.B. 2000 (Gutierrez/Watson) — Volunteer Fire Department Purchasing: authorizes a volunteer fire department to purchase certain technology items, including commercial software, hardware, or technology services (other than telecommunications services) through Department of Information Resources vendor contracts. (Effective September 1, 2015.) H.B. 2049 (Darby/Eltife) — Engineers and Architects Contracts: provides that: (1) except as provided by (3), below, a covenant or promise in, in connection with, or collateral to a contract for engineering or architectural services is void and unenforceable if the covenant or promise provides that a licensed engineer or registered architect must defend a party, including a third party, against a claim based wholly or partly on the negligence of, fault of, or breach of contract by the governmental agency, the agency's agent, the agency's employee, or other entity, excluding the engineer or architect or that person's agent, employee, or subconsultant, over which the governmental agency exercises control; (2) a covenant or promise may provide for the reimbursement of a governmental agency's reasonable attorney's fees in proportion to the engineer's or architect's liability; (3) a governmental agency may require in a contract for engineering or architectural services that the engineer or architect name the governmental agency as an additional insured under the engineer's or architect's general liability insurance policy and provide any defense provided by the policy; (4) a contract for engineering or architectural services must require a licensed engineer or registered architect to perform services: (a) with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and (b) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect; and (5) in a contract for engineering or architectural services, a provision establishing a different standard of care than a standard described by (4), above, is void and unenforceable, and the standard of care described by (4) above, applies. (Effective September 1, 2015.) H.B. 2475 (Geren/Eltife) — Public/Private Partnerships: provides, among other things, that: (1) the Texas Facilities Commission shall establish the center for alternative finance and procurement to consult with governmental entities regarding best practices for procurement and the financing of qualifying projects and to assist governmental entities in the receipt of proposals, negotiation of interim and comprehensive agreements, and management of qualifying projects under current public/private partnership laws; (2) a person may not develop or operate a qualifying project unless the person obtains the approval of and contracts with the responsible governmental entity under current law; and (3) any guidelines adopted by a governmental entity under current law must include: (a) the center's role in the review, analysis, or evaluation of the qualifying project; and (b) a requirement that the governmental entity engage the services of qualified professionals, including an architect, professional engineer, or registered municipal advisor, not otherwise employed by the governmental entity or the center to provide independent analyses regarding the specifics, advantages, disadvantages, and long-term and short-term costs of a qualifying project. (Note: This bill amends the current public/private partnership law, and cities are not bound by that law unless the city council opts in.) (Effective September 1, 2015.) H.B. 2634 (Kuempel/Zaffirini) — Construction Manager At -Risk: provides that: (1) a governmental entity's architect or engineer for a project, or an entity related to the governmental entity's architect or engineer, may not serve, alone or in combination with another person, as the 9 entity's construction manager -at -risk; and (2) for purposes of (1), above, an entity is related to the governmental entity's architect or engineer if the entity is a sole proprietorship, corporation, partnership, limited liability company, or other entity that is a subsidiary, parent corporation, or partner or has any other relationship in which the governmental entity's architect or engineer has an ownership interest, or is subject to common ownership or control, or is party to an agreement by which it will receive any proceeds of the construction manager -at -risk's payments from the governmental entity. (Effective September 1, 2015.) S.B. 810 (Seliger/Smithee) — School Construction: would provide that: (1) an independent school district and a city, located wholly or partially in the boundaries of a county in which the district is located, may contract for the district to contribute district resources to pay a portion of the costs of the design, improvement, or construction of an instructional facility, stadium, or other athletic facility owned by, on the property of, or under the control of the city; and (2) a district may contribute district resources under the bill only if the district and city enter into a written agreement authorizing the district to use that facility. (Effective immediately.) S.B. 1081 (Creighton/Huberty) — Consolidated Insurance Programs: provides, among other things, that: (1) if a construction contract requires a person to enroll in a consolidated insurance program, not later than the 10th day before the date a principal enters into the contract with the person, the principal shall provide detailed information about the consolidated insurance program to the person; (2) if a construction contract requires a person to enroll in a consolidated insurance program, not later than the 10th day before the date a contractor enters into the contract with the person, the contractor must provide to the person, in an accurate form, detailed information about the consolidated insurance program; (3) the information required under (1) or (2), above, must be accurate, and a person who receives the information may justifiably rely on the information to decide whether to enter into the construction contract; (4) a person may not be required to enter into a construction contract that requires enrollment in a consolidated insurance program unless the person is provided the information in compliance with (1) or (2), above; (5) if a person elects not to enroll in the consolidated insurance program because the person was not provided the information required by the bill, and enters into a construction contract for the construction project, the person must obtain insurance coverage for the person's work on the project that substantially complies with the coverage terms and liability limits imposed for other persons who work on the construction project but who are not insured under the consolidated insurance program; and (6) the principal or contractor, as applicable, shall compensate a person with whom the principal or contractor contracts and who obtains insurance coverage under (5), above, for the actual cost of that insurance coverage. (Effective January 1, 2016.) S.B. 1281 (Zaffirini/Coleman) — Cooperative Purchasing: provides that a local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state or another state. (Effective immediately.) Elections 10 H.B. 484 (Capriglione/Hancock) — Candidate Eligibility: provides, among other things, that for an individual to be an eligible candidate for city office and qualify for the office, the individual must be a registered voter in the territory from which the office is elected for six months preceding the regular filing deadline for a candidate's application for a place on the ballot. (Effective September 1, 2015.) H.B. 1026 (E. Thompson/Garcia) — Tabulation Supervisor: requires a tabulation supervisor to be a registered voter of the political subdivision served by the authority establishing the counting station or an employee of the political subdivision that adopts or owns the voting system. (Effective immediately.) H.B. 1927 (G. Bonnen/Huffman) — Voting by Mail: this bill, among other things: (1) provides that, if an application for a ballot to be voted by mail for the main election and any resulting runoff is not timely for the main election, it will be considered timely for any resulting runoff if received in time; (2) provides that a person commits an offense if the person signs an application for a ballot to be voted by mail as a witness for more than one applicant in the same election or the person signs an annual application for a ballot to be voted by mail as a witness for more than one applicant in the same calendar year; (3) authorizes an application for a ballot to be voted by mail to be submitted to the early voting clerk by electronic transmission of a scanned application containing an original signature; (4) authorizes an application to be submitted at any time in the year of the election for which a ballot is requested, but not later than the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the 11th day before election day, unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day; (5) requires the early voting clerk to designate an email address for receipt of an application; (6) provides that the cancellation of an application for a ballot to be voted by mail at the applicant's request is effective for a single ballot only and does not cancel the application with respect to a subsequent election; (7) authorizes a voter who applies for a ballot to be voted by mail on the ground of age or disability to apply for a ballot by mail from a city for more than one election; (8) requires the secretary of state to provide a method by which counties and political subdivisions located in the county can exchange and update information on applications for mail ballots; and (9) authorizes a marked ballot to be returned to the early voting clerk in the official carrier envelope via in-person delivery by the voter who voted the ballot. (Effective September 1, 2015.) H.B. 2027 (G. Bonnen/Hancock) — Election Precincts: provides that the county election precincts are the election precincts for any election held on a uniform election date, except for elections held on the May uniform election date by a political subdivision that: (1) conducts early voting by personal appearance: (a) at 75 percent or more of its permanent or temporary branch polling places on the same days and during the same hours as voting is conducted at the main early voting polling place; and (b) at each remaining polling place for at least two consecutive days of voting during the early voting period, and for at least eight hours on each of the two consecutive days; or (2) has not established a permanent or temporary branch early voting polling place. (Effective September 1, 2015.) H.B. 2160 (Paul/Bettencourt) — Confidentiality of Election Judge and Clerk Information: makes confidential the email address and personal phone number of an election clerk or judge 11 that is collected by the election entity, except that the email address or phone number must be made available on request to: (1) any entity eligible to submit lists of election judges or clerks for that election; or (2) the state executive committee of a political party with a county chair eligible to submit lists of election judges or clerks for that election. (Effective September 1, 2015.) H.B. 2354 (Farney/Schwertner) — Uniform Election Date: changes the May uniform election date from the second Saturday in May to the first Saturday in May. (Effective September 1, 2015.) H.B. 2366 (Goldman/Hancock) — Early Voting: provides that the early voting clerk shall: (1) enter "early voting voter" beside each person's name on the precinct list of registered voters if the voter's name also appears on the list of early voting voters; and (2) deliver the precinct list to the presiding judge of the election precinct not later than the day before election day. (Effective September 1, 2015.) H.B. 2721 (Blanco/Rodriguez) — Early Voting: requires the notice of early voting for an election to: (1) be posted on the website of the authority ordering the election, if the authority maintains a website; and (2) for a primary election or general election, be forwarded by the authority ordering the election to the secretary of state to be posted on the secretary of state's website. (Effective immediately.) VETOED H.B. 2775 (E. Rodriguez/Zaffirini) — Candidate Applications: provides that: (1) a single notarized affidavit by any person who obtains signatures for a candidate petition is valid for all signatures gathered by the person, if the date of notarization is after the date of the last signature obtained by the person; and (2) a candidate petition may be corrected and additional signatures presented after the petition has been initially filed, but not after the deadline for filing the petition. (Effective September 1, 2015.) H.B. 2778 (Elkins/Bettencourt) — Federal Postcard Applications: allows balloting materials to be sent by email for any election in which a voter who registers is eligible to vote. (Effective September 1, 2015.) H.B. 2900 (Goldman/Creighton) — Voting Standards: provides that a voting system may not be used in an election unless the system operates safely, efficiently, and accurately and complies with the voting system standards adopted by the Election Assistance Commission. (Effective immediately.) S.B. 733 (Fraser/Workman) — Uniform Election Date: authorizes a city council that holds its general election on the May uniform election date to take action to change the date of its general election to the November uniform election date, provided the city acts to do so not later than December 31, 2016. (Effective immediately.) S.B. 983 (Bettencourt/Schofield) — Birth Records: requires: (1) the state, a local registrar, or a county clerk to issue without fee a certified copy of a birth record to an applicant who states that the applicant is requesting the record for purposes of obtaining an election identification 12 certificate; and (2) the state to pay the birth record fee for such records to a county clerk or local registrar. (Effective immediately.) VETOED S.B. 1034 (Rodriguez/Miller) — Voting by Mail: provides that: (1) when a voter cancels an application for a ballot by mail, the cancelation does not extend to a subsequent election; (2) a person eligible to submit an application for a ballot to be voted by mail on the grounds of age or disability may apply to receive all ballots in an even numbered year on the same application submitted for a ballot in the November general election of an odd year; and (3) the secretary of state by rule may redesign the official carrier envelope by moving all the textual material to a separate sheet and styling the signature box to insure that a voter is instructed to and must sign over the flap. (Effective immediately.) S.B. 1073 (Zaffirini/E. Rodriguez) — Candidate Application: provides, among other things, that a candidate's application for a place on the ballot must include a public mailing address and any available email address at which the candidate receives correspondence relating to the candidate's campaign. (Effective September 1, 2015.) S.B. 1703 (Huffman/Laubenberg) — Election Deadlines and Procedures: this bill, among other things: (1) defines "national holiday" to include a federal holiday or day taken in lieu of an federal holiday when there is no regular U.S. mail delivery, and it defines "state holiday" to mean the same as those set out in current state law; (2) sets the deadline to order an election on a uniform election date as the 78th day before the date of the election; (3) allows a runoff election following a May election held in even -numbered years to be held within 30 days before or after the date of the general election for state and county officers, general primary election, or runoff primary election; (4) requires the early voting ballot board to verify and count provisional ballots and count ballots voted by mail not later than the 9th day after the date of an election, except that in an election held on the date of the general election for state and county officers, ballots voted by mail must be counted no later than the 13th day after the election; (5) changes certain vote by mail deadlines; (6) provides that, for an election to be held on a uniform election date, the filing deadline for a city candidate is the 78th day before the election; (7) provides that, for an election to be held on a uniform election date, the filing deadline for a write-in candidate is the 74th day before the election; (8) prohibits a write-in candidate from withdrawing after the 71st day before the election; and (9) requires that a special election to fill a vacancy be held on the first authorized uniform date on or after the 46th day after the election is ordered (except as otherwise provided by law) and change related deadlines for candidate's application for a place on the ballot. (Effective September 1, 2015.) Open Government H.B. 283 (Fallon/Creighton) — Recording of Meetings: provides that: (1) a home -rule city with a population of 50,000 or more: (a) must make a video and audio recording of reasonable quality of each regularly scheduled open meeting that is not a work session or a special called meeting, and make available an archived copy of such recording on the Internet; (b) may make the archived recording available on an existing Internet site, which could be a publicly accessible video -sharing or social networking site; (c) must make the archived recording available on an 13 Internet site that the city maintains, or provide a link to the archived recording; (d) must make the archived recording available on the Internet not later than seven days after the recording was made, and maintain the archived recording on the Internet for not less than two years after the date the recording was first made available; and (e) is exempt from certain requirements described above if the archived recording cannot be made available as the result of a catastrophe or technical breakdown, after which the city must make all reasonable efforts to make the recording available in a timely manner; and (2) a home -rule city with a population of 50,000 or more may broadcast a regularly scheduled open meeting on television. (Effective January 1, 2016.) H.B. 685 (Sheets/Hancock) — Production of Public Information: provides that: (1) a public information officer complies with the requirement to promptly produce public information by referring a requestor to a publically accessible website maintained by the city, if the requested information is identifiable and readily available on that website; (2) a city must, when responding by email with the website information described in (1), above, include a statement in conspicuous font indicating that the requestor may access the information by inspection or duplication or receipt through the mail as otherwise provided in the Public Information Act; and (3) a city may withhold a utility customer's confidential personal information (under Utilities Code Section 182.052) without the necessity of requesting a decision from the attorney general. (Effective September 1, 2015.) H.B. 2134 (Burkett/Hall) — Public Information Requests: provides that, if a request for public information is sent by email, the request may be considered to have been withdrawn if a request from the city for clarification, discussion, or additional information is sent by email to the address from which the request was sent (or another email address provided by the requestor) and a response is not received within the period established by state law. (Effective September 1, 2015.) H.B. 2152 (Fletcher/Estes) — Military Service Information: makes a service member's military personnel information (name, home and military duty address, rank, title, pay rate or grade, state active duty orders, deployment locations, awards, decorations, length of military service, and medical records) confidential, and excepts from public disclosure information relating to the home address, phone number, emergency contact, social security number, or family member information of a current or former member of the Texas military forces. (Effective September 1, 2015.) H.B. 2633 (Hernandez/Perry) — Motor Vehicle Accident Information: provides, among other things, that: (1) the release of information about a motor vehicle accident to a "person directly concerned in the [motor vehicle] accident or having proper interest therein," includes the release to: (a) a person involved in the accident; (b) the authorized representative of a person involved in the accident; (c) a driver involved in the accident; (d) an employer, parent, or legal guardian of a driver in the accident; (e) the owner(s) of the vehicle(s) or property damaged in the traffic accident; (f) a person who establishes financial responsibility for a vehicle involved in the accident; (g) an insurance company that issued a policy covering the vehicle; (h) an insurance company that issued a policy cover any person in the accident; (i) a person under contract to provide claims or underwriting information to certain persons; (j) a radio or television station 14 that holds an FCC license; (k) certain newspapers; and (1) a person who may sue because of death resulting from the accident; and (2) certain redacted accident reports may be requested by any person. (Effective immediately.) H.C.R. 96 (Hunter/Hancock) — Internet Publication of Legal Notices: directs the speaker of the House of Representatives and the lieutenant governor to create a joint interim committee to study the issue of advertising public notices on the Internet. Other Finance and Administration Bills H.B. 1 (Otto/Nelson) — State Budget: this is the state budget. The following chart shows the differences over the coming biennium in city -related items from the current budget: (Budget Item H.B. 1 2014-2015 appropriated Change Mixed Beverage Tax $408,527,000 $307,296,000 $101,231,000 Library Resource Sharing $37,443,163 $24,170,709 $13,272,454 [Local Library Aid $4,948,159 $4,114,692 $833,467 [Local Parks Grants $42,000,000 $16,368,960 $25,631,040 TCEQ Solid Waste Grants $13,431,017 $15,625,679 ($2,194,662) [,EOSE Training Funds $12,000,000 $12,000,000 $0 Defense Community Grants $30,000,000 $0 $30,000,000 Total: $548,349,339 $379,576,040 $168,773,299 In addition, the budget reduces by half (from $3 million to $1.5 million) the amount of fee revenue that the Texas Commission on Fire Protection is required to generate and send to the state's general revenue fund for the next biennium. H.B. 7 (Darby/Nelson) — Military Cities: provides, among other things, that a city bordered by or adjacent to a military installation that has lost a disproportionate share of property tax revenue as a result of disabled veteran property tax exemptions may apply to receive a disabled veteran assistance payment from the state comptroller. (Effective September 1, 2015.) H.B. 23 (S. Davis/Huffman) — Disclosure of Vendor Relationships: amends Chapter 176, Local Government Code (which requires city officials and vendors to disclose certain information) to provide, among other things, that: (1) the chapter applies to a "local government officer," including an agent of a local government entity who exercises discretion in the planning, recommending, selecting, or contracting of vendor; (2) the chapter applies to a "vendor" who enters or seeks to enter into a contract with the city, including an officer or employee of a state agency acting in a private capacity to enter into a contract with the city; (3) disclosure is triggered upon the receipt of one or more gifts (including lodging, transportation, and entertainment) that have an aggregate value of more than $100 (current law is $250); (4) 15 disclosure is triggered when the vendor has a relationship within the third degree by blood and second degree by marriage with a local government officer; (5) failure by a local government officer or vendor to comply with the disclosure requirements is a criminal offense ranging from a Class C to a Class A misdemeanor, depending on the amount of the contract at issue; and (6) the city council could declare a contract void if they determine a vendor fails to comply with the chapter. (Effective September 1, 2015.) H.B. 114 (Flynn/Hinojosa) — Capital Appreciation Bonds: provides that: (1) with the exception of refunding bonds or capital appreciation bonds for the purpose of financing transportation projects, a political subdivision may not issue capital appreciation bonds that are secured by property taxes unless: (a) the bonds have a scheduled maturity date that is not later than 20 years after the date of issuance; (b) the governing body of the political subdivision has received a written estimate of the cost of the issuance; (c) the governing body of the political subdivision has determined in writing whether any personal or financial relationship exists between the members of the governing body and any financial advisor, bond counsel, bond underwriter, or other professional associated with the bond issuance; and (d) the governing body of the political subdivision posts on its website and enters into the minutes various information regarding the issuance, including: (i) the total amount of the bonds to be voted on; (ii) the length of maturity of the bonds; (iii) the projects to be financed with the bond proceeds; (iv) the intended use of bond proceeds not spent after completion of the projects financed with bond proceeds; (v) the total amount of the political subdivision's outstanding bonded indebtedness at the time of the election; (vi) the total amount of the political subdivision's outstanding bonded indebtedness; and (vii) the information provided under (b) and (c), above; (2) the governing body of a political subdivision shall submit any determination of a personal or financial relationship in relation to the issuance of the bond to the Texas Ethics Commission; (3) the governing body of a political subdivision shall regularly update the debt information posted on its website to ensure that the information is current and accurate; (4) capital appreciation bond proceeds may not be used to purchase maintenance items and transportation -related items, unless an item has an expected useful life that exceeds the bond's maturity date; (5) capital appreciation bond proceeds unspent after completion of the project identified as the proceeds intended use may be used only for a use identified on the political subdivision's website, unless another use is approved by the voters at an election held for that purpose; (6) the total amount of capital appreciation bonds may not exceed 25 percent of the political subdivision's total outstanding bonded indebtedness at the time of the issuance; and (7) a city may extend the maturity date of an issued capital appreciation bond only if the extension of the maturity date will decrease the total amount of projected principal and interest to maturity. (Effective September 1, 2015.) H.B. 262 (Miles/Creighton) — Liability: provides for expanded immunity from liability for property that is used as a community garden, so long as notice is posted at the site of the limitation of liability. (Effective September 1, 2015.) H.B. 763 (S. King/Perry) — State Agency Rulemaking: provides that: (1) if a state agency requires signatures for a petition, at least 51 percent of the total number of signatures must be those of residents of the State of Texas; and (2) an "interested person" must be a resident, business entity, governmental subdivision, or public or private organization located in the state of Texas. (Effective immediately.) 16 H.B. 804 (Geren/Seliger) — Vehicle Storage Facilities: requires the operator of a vehicle storage facility, including a city vehicle storage facility, to accept cash, debit cards, and credit cards as a form of payment and to conspicuously post a related sign. (Effective September 1, 2015.) H.B. 870 (Smith/Seliger) — Public Funds Investment Act: reduces the amount of Public Funds Investment Act training hours for city finance and investment officers from ten hours every two years to eight hours every two years. (Note: city finance and investment officers must still initially receive ten hours of training within 12 months after taking office or assuming investment duties.) (Effective September 1, 2015.) H.B. 896 (Hernandez/Huffman) — Computer Security: makes it a criminal offense for a person to knowingly access — with the intent to defraud or harm another or alter, damage, or delete property — a computer that is owned by the government in violation of: (1) a clear and conspicuous prohibition by the owner; or (2) a contractual agreement. (Effective September 1, 2015.) H.B. 1040 (Paddie/Hancock) — Liability of Sports Officials: provides immunity from civil damages related to personal injury, wrongful death, property damage, or other loss to a sports official who is engaged in an athletic competition, unless the damages are caused by the official's gross negligence or wanton, willful, or intentional misconduct. (Effective immediately.) H.B. 1148 (Kacal/Schwertner) — Public Funds Investment Act: provides that a city investment officer must take only the initial 10 hour training under the Public Funds Investment Act but no continuing investment training if the city: (1) does not invest city funds; or (2) only deposits city funds in interest-bearing deposit accounts or certificates of deposit. (Effective September 1, 2015.) H.B. 1184 (Paddie/Eltife) — Energy Savings Performance Contracts: provides that a local government is authorized to use an energy savings performance contract for: (1) alternative fuel programs resulting in energy cost savings and reduced emissions for local government vehicles, including fleet vehicles; or (2) programs resulting in utility cost savings. (Effective immediately.) H.B. 1246 (Koop/Hall) — Financial Disclosure: permits the city clerk or secretary in a city with a population of 100,000 or more to deliver a personal financial statement form by mail, personal delivery, electronic mail, or any other means of electronic transfer to an officer or candidate who is required to file the form. (Effective September 1, 2015.) H.B. 1378 (Flynn/Bettencourt) — Local Debt Reporting: provides that: 1. every political subdivision must annually compile and report the following financial information: (a) debt obligation information for the political subdivision that must state: (i) the amount of all authorized debt obligations; (ii) the principal of all 17 outstanding debt obligations; (iii) the principal of each outstanding debt obligation; (iv) the combined principal and interest required to pay all outstanding debt obligations on time and in full; (v) the combined principal and interest required to pay each outstanding debt obligation on time and in full; (vi) the amounts required by (i) - (v) limited to authorized and outstanding debt obligations secured by property taxes, expressed as a total amount and per capita amount; and (vii) the following for each debt obligation: (A) the issued and unissued amount; (B) the spent and unspent amount; (C) the maturity date; and (D) the stated purpose for which the debt obligation was authorized; (b) the current credit rating given by any nationally recognized credit rating organization to debt obligations of the political subdivision; and (c) any other information that the political subdivision considers relevant or necessary to explain the values; 2. instead of replicating in the annual report information required by (1), above, that is posted separately on a political subdivision's website, a political subdivision may provide in the report a direct link to, or a clear statement describing the location of, the separately posted information; 3. as an alternative to preparing a report under (1), above, a political subdivision may provide all required debt information to the comptroller and have the comptroller post the information on the comptroller's official website; 4. a city with a population of less than 15,000 may, as an alternative to providing the report under (1), above, provide to the comptroller a document that contains the required debt information; 5. except as provided by (3) and (4), above, the governing body of a political subdivision must take action to ensure that: (a) the annual report is made available for inspection by any person and is posted continuously on the political subdivision's website until the political subdivision posts the next annual report; and (b) the contact information for the main office of the political subdivision is continuously posted on the website, including the physical address, the mailing address, the main telephone number, and an email address; and 6. except in the case of a public calamity, a case in which the issuer needs to act to protect the health of the residents, a case of unforeseen damage to public equipment or property, or to comply with a state or federal regulation, a city may not issue a certificate of obligation if the voters voted down a bond proposition for the same purpose within the preceding three years. (Effective January 1, 2016.) H.B. 1491 (McClendon/Menendez) — Juvenile Records: with certain exceptions, prohibits a business entity from publishing confidential juvenile record information or confidential criminal record information of a child. (Effective September 1, 2015.) H.B. 1690 (King/Huffman) — Offenses Against Public Administration: provides, among other things, that: (1) the Texas Rangers must establish a public integrity unit to investigate certain offenses against public administration, defined primarily to mean offenses committed by state officers and employees; and (2) a local law enforcement agency must cooperate with the public 18 integrity unit and prosecutor by providing resources and information necessary to investigate and prosecute offenses against public administration. (Effective September 1, 2015.) H.B. 1740 (S. Thompson/Menendez) — Rabies Vaccine: provides that a veterinarian employed by a city and who administers or supervises a rabies vaccine as part of a local rabies control program established by the city is not required to establish a veterinarian -patient relationship before administering or supervising administration of the vaccine. (Effective immediately.) H.B. 1853 (Button/Huffines) — Eviction: authorizes, but does not require, a city to: (1) provide, without charge to the owner of personal property removed from a rental unit as the result of eviction, a portable, closed container into which the removed personal property shall be placed by the officer executing a writ of possession; and (2) remove the container described in (1), above, and dispose of the contents by any lawful means if the owner does not recover the personal property within a reasonable time after the time the property is placed in the container. (Effective September 1, 2015.) H.B. 1905 (Springer/L. Taylor) — State and Local Taxes: this bill, among other things: (1) exempts from property taxation the real property owned by a person that is leased to a charter school if: (a) the real property is used exclusively by the school for education functions; (b) the real property is reasonably necessary for the operation of the school; (c) the property owner certifies by affidavit to the school that the rent for the lease of the real property will be reduced by a commensurate amount; (d) the property owner provides the school with a disclosure document stating the amount by which the taxes on the real property are reduced due to the exemption and the method to be implemented to ensure that the rent charged reflects the reduction; and (e) the rent charged for the lease of the real property reflects the reduction in the amount of property taxes due to the exemption through a monthly or annual credit against the rent; (2) provides that, for property tax purposes, a "nonprofit community business organization" includes a Type A and Type B economic development corporation; (3) clarifies the application of state and local hotel occupancy taxes to short-term rentals and authorizes a city to spend up to one percent of its hotel occupancy tax revenue for the creation, maintenance, operation, and administration of an electronic tax administration system; (4) exempts a nonprofit ambulance company from motor fuel taxes for fuel used solely to provide emergency medical services; (5) exempts motor vehicles operated exclusively by a city from paying taxes on compressed natural gas or liquefied natural gas delivered into the vehicle's fuel supply tank; and (6) authorizes a city to receive a refund or credit for taxes paid on compressed natural gas or liquefied natural gas if the fuel was delivered into the fuel supply tank of a motor vehicle operated exclusively by the city. (Note: The property tax exemption described in (1), above), will not go into effect because a corresponding resolution to amend the Texas Constitution did not pass.) (Section (2), above, is effective January 1, 2016. Sections (3), (4), (5), and (6), above, are effective September 1, 2015.) H.B. 2154 (Dutton/Birdwell) — State Office of Administrative Hearings: provides that: (1) on making a finding that a party to a contested case has defaulted under the rules of the State Office of Administrative Hearings (SOAH), an administrative law judge (ALJ) may dismiss the case and remand it to the referring agency for informal disposition by applying the agency's own rules of procedure related to default proceedings; (2) the natural resource conservation division of SOAH is dismantled and any ALJ may hear cases from the Texas Commission on 19 Environmental Quality; (3) the utilities division of SOAH is dismantled and any ALJ may hear cases from the Public Utility Commission of Texas; and (4) the Texas Department of Transportation and SOAH must enter into a memorandum of understanding regarding the scheduling of certain hearings. (Effective September 1, 2015.) H.B. 2358 (Lucio/Eltife) — Disasters: provides: (1) that an out-of-state business entity whose transaction of business in Texas is limited to the performance of disaster- or emergency -related work during a disaster response period is not required to: (a) register with the secretary of state; (b) file a tax report with or pay taxes or fees to the state or a political subdivision of the state; (c) pay tax on equipment used only during the disaster response period and that is removed from the state following the response period; (d) comply with any state or local business licensing or registration requirements; or (e) comply with any state or local occupational licensing requirements or related fees; (2) that an out-of-state employee whose only employment in the state is for the performance of disaster- or emergency- related work during a disaster response period is not required to: (a) file a tax report with or pay taxes or fees to the state or a political subdivision; or (b) comply with any state or local occupational licensing requirements or related fees; and (3) provide that an entity or employee described in (1) and (2), above, is (unless otherwise exempt) subject to a transaction tax or fee, including motor fuels tax, sales or use tax, hotel occupancy tax, and motor vehicle rental tax. (Effective immediately.) H.B. 2679 (Flynn/Estes) — Public Facility Corporations: provides, among other things, that a public facilities corporation: (1) may exercise any powers that a nonprofit corporation may exercise, to the extent necessary or convenient to accomplish the purpose of the corporation, including the authority to grant a leasehold or other possessory interest in a public facility owned by the corporation; and (2) during the period of time that a corporation owns a particular public facility, a leasehold or other possessory interest in the real property of the public facility granted by the corporation is exempt from taxation in certain circumstances. (Effective immediately.) H.B. 3132 (Parker/Birdwell) — Municipal Advisors: authorizes a city to hire a financial advisor or investment advisor who is registered as a municipal advisor with the United States Securities and Exchange Commission under the Securities Exchange Act of 1934, Section 15B. (Effective September 1, 2015.) VETOED H.B. 3511 (Davis/Huffman) — Financial Statements: requires that financial statements filed by officials and candidates in cities with a population of 100,000 or greater contain information about certain community and separate property, and that the statements meet certain requirements if they are electronically filed. (Effective September 1, 2015.) H.B. 3736 (Davis/Huffman) — Financial Statements: requires that financial statements filed by officials and candidates in cities with a population of 100,000 or greater contain information about certain community and separate property, certain contracts with and services for governmental entities, and other sources of unearned income such as public benefits or pensions. (Effective September 1, 2015.) 20 S.B. 97 (Hinojosa/Alvarado) — E -Cigarettes: includes E -cigarettes in the existing state regulations that govern the sale, distribution, possession, use, and advertising of cigarettes and other tobacco products. (Note: the comptroller must make required signage available to the public by September 15, 2015.) (Effective October 1, 2015.) S.B. 200 (Nelson/Price) — Health and Human Services: this is the Department of Health and Human Services sunset bill. The bill, among other things: (1) consolidates various health and human services agencies under the Health and Human Services Commission; and (2) eliminates many of the committees, councils, and work groups whose purpose is to give information regarding the physical, mental, and intellectual health of certain individuals and communities. (Various effective dates from September 1, 2015 to September 1, 2017). S.B. 450 (Schwertner/Sheets) — Governmental Immunity: provides that the Texas Tort Claims Act does not waive immunity for a claim against a political subdivision if: (1) the political subdivision acquires land through foreclosure of a lien held by the political subdivision or that was bid off to the political subdivision under a tax sale or conveyed to the political subdivision owed the largest amount of delinquent property taxes; (2) the claim arises after the date the land was acquired and before the date the land is sold, conveyed, or exchanged by the political subdivision; and (3) the claim arises from the condition of the land, a premises defect on the land, or an action committed by a person on the land, other than an agent or employee of the political subdivision. (Effective September 1, 2015.) S.B. 610 (Perry/Murr) — Recreational Use Liability: limits the liability of an agritourism entity involved in an agritourism activity, so long as the entity posts a notice regarding the limitation of liability. (Effective immediately.) S.B. 900 (L. Taylor/G. Bonnen) — Texas Windstorm Insurance Association: provides that: (1) each biennium, the Texas Department of Insurance shall conduct a study of market incentives to promote participation in the voluntary windstorm and hail insurance market in the seacoast territory of this state; (2) the study required by (1), above, must address as possible incentives the mandatory or voluntary issuance of windstorm and hail insurance in conjunction with the issuance of a homeowners policy in the seacoast territory; (3) if determined by the Insurance Commissioner to be in the best interest of the policyholders and the public, the commissioner may contract with an administrator — who must have certain qualifications — to manage the association and administer the plan of operation; (4) losses in a catastrophe year not paid from existing or reserve funds shall be paid from Class 1, 2, or 3 member assessments in accordance with new procedures imposed by the bill; (5) the Texas Windstorm insurance Association (TWIA), with the approval of the commissioner, shall notify each member of the amount of the member's assessment; (6) significant modifications to the composition of the TWIA board of directors are made; (7) TWIA's investment procedures and reserve amount requirements are modified; and (8) TWIA shall administer, subject to commissioner approval, a depopulation program that encourages the transfer of association policies to insurers through the voluntary market or assumption reinsurance. (Effective September 1, 2015.) S.B. 1267 (Estes/Clardy) — Contested Case Hearings: provides, among other things, that: (1) in a proceeding in which a state agency has the burden of proof, an agency that intends to rely on 21 a statute or rule not previously referenced in the notice of hearing must amend the notice to refer to the statute or rule not later than the 7th day before the date set for the hearing; (2) a state agency may summarily suspend a license holder' s license pending proceedings for revocation if the agency determines imminent peril to the public health, safety, or welfare requires such emergency action; (3) a state agency must notify each party to a contested case of any decision or order of the agency personally, by electronic means (if agreed to by the party), or by mail; (4) if an adversely affected party or the party's attorney of record does not receive required notice from a state agency or acquire actual knowledge of a signed order before the 15th day after the date the order is signed, the deadline for a motion for rehearing begins when the party receives the notice or acquires actual knowledge of the signed order or decision, whichever occurs first; (5) a motion for rehearing in a contested case must (with certain exceptions) must be filed not later than the 25th day after the date the decision or order is signed, and a party must (with certain exceptions) file a reply to a motion for rehearing not later than the 40' day after the date the decision or order is signed; and (6) in a contested case in which a motion for rehearing is a prerequisite for seeking judicial review, a prematurely filed petition is effective to initiate judicial review. (Effective September 1, 2015.) S.B. 2065 (Estes/Sanford) — Religious Beliefs: provides that: (1) a religious organization, an organization supervised or controlled by or in connection with a religious organization, an individual employed by a religious organization while acting in the scope of that employment, or a clergy or minister may not be required to solemnize any marriage, provide services, accommodations, facilities, goods, or privileges for a purpose related to the solemnization, formation, or celebration of any marriage if the action would cause the organization or individual to violate a sincerely held religious belief; and (2) a refusal to provide services, accommodations, facilities, goods, or privileges under (1), above, is not the basis for a civil or criminal cause of action or any other action by this state or a political subdivision of this state to penalize or withhold benefits or privileges, including tax exemptions, governmental contracts, grants, or licenses, from any protected organization or individual. (Effective immediately.) Municipal Courts H.B. 121 (Fletcher/Whitmire) — Payment of Fine and Court Costs: provides that: (1) a court may adopt an alternative procedure for collecting a past due capias pro fine; and (2) a peace officer who executes a capias pro fine or who is authorized to arrest a defendant on other grounds and knows that the defendant owes a past due payment must inform the defendant of: (a) the possibility of making an immediate payment to the officer of the fine and court costs owed using a credit or debit card; and (b) the defendant's available alternatives to making an immediate payment. (Effective immediately.) H.B. 263 (Miles/Huffman) — Juvenile Records: requires a juvenile court to order the sealing of the records in the case of a person who has been found to have engaged in delinquent conduct as a juvenile if two years have elapsed since the final discharge or last official action in the person's case. (Effective September 1, 2015.) 22 H.B. 274 (Miles/Lucio) — Illegal Dumping: increases the maximum fine for violation of an illegal dumping ordinance from $2,000 to $4,000, and adjusts the municipal court jurisdiction threshold accordingly. (Effective September 1, 2015.) H.B. 1436 (Smithee/Lucio) — Dangerous Dogs: makes changes to the dangerous dog appeals process, including: (1) prohibiting a municipal court from ordering the destruction of a dog during an appeal; (2) requiring the animal control authority of a city to notify an owner of a dangerous dog determination in writing; (3) providing a process for an owner to file an appeal a dangerous dog determination; (4) requiring the municipal court to determine the estimated costs to house and care for an impounded dog during the appeal process and set a bond for an appeal adequate to cover the costs; and (5) allowing a party to appeal the decision in the county court or county court at law in the county in which the municipal court is located. (Effective September 1, 2015.) H.B. 1386 (Raymond/Ellis) — Municipal Court: removes the limitation in current law that municipal court cases may have only one attorney conducting the prosecution or defense. (Effective September 1, 2015.) H.B. 1888 (Capriglione/Taylor) — Commercial Driver's Licenses: provides: (1) for the creation of a commercial learner's permit and non -domiciled commercial learner's permit; (2) for a defense to the offense of driving a commercial motor vehicle without a license if the person charged can produce in court a commercial learner's permit or driver's license; (3) that a court may assess a defendant an administrative fee of $10 if a charge is dismissed because of the defense; (4) that a person commits an offense if the person operates a vehicle that is not in compliance with the applicable inspection requirements; and (5) for an administrative fee not to exceed $20 on remediation of charge of operating a vehicle without complying with inspection requirements as certified. (Effective January 1, 2016.) H.B. 2398 (White/Whitmire) — Truancy: provides that: (1) a municipal court may dismiss a complaint against an individual for the offense of parent contributing to nonattendance of school, if the court finds that a dismissal would be in the interest of justice; (2) an individual who has been convicted of a truancy offense or has had a truancy offense dismissed is entitled to have the conviction or complaint and records relating to the conviction or complaint expunged; (3) school districts shall take specified truancy prevention measures; (4) the fine amount for a failure to attend school violation is $100 for a first offense, $200 for a second offense, $300 for a third offense, $400 for a fourth offense, or $500 for a fifth or subsequent offense; (5) municipal courts are truancy courts; (6) a child engages in truant conduct if the child is required to attend school and fails to attend school on 10 or more days within a six-month period; (7) truancy courts must follow statutory procedures found in chapter 65 of the Texas Family Code; (8) truancy courts may appoint a guardian ad litem to protect the interests of a child in a proceeding; (9) the court may order a child's parent to reimburse the county or city for the cost of the guardian ad litem; (10) a child who has been found to have engaged in truant conduct may apply, on or after the child's 18th birthday, to the truancy court to seal the records relating to the allegation; (11) a city may establish a judicial donation trust fund as a separate account outside the municipal treasury; (12) a city may accept a gift, grant, donation, or other consideration from a public or private source that is designated for the judicial donation trust fund; (13) the city council must adopt 23 procedures necessary to receive and disburse money from the fund; and (14) a judge may award money from the fund to eligible children who appear before the court for a truancy or curfew violation. (Effective September 1, 2015.) H.B. 2747 (Landgraf/Creighton) — Jurors: disqualifies a person from serving as a juror if the person is not a citizen of the United States. (Effective September 1, 2015.) H.B. 2945 (Alonzo/Hancock) — Juvenile Case Manager Fund: provides that, if there is money leftover in the juvenile case manager fund after the juvenile case manager's salary and expenses are paid, on approval by the employing court, the juvenile case manager may direct the remaining money to be used for educational programs, including juvenile alcohol and substance abuse programs. (Effective immediately.) VETOED H.B. 3579 (Alonzo/Rodriguez) — Expunction of Records: provides that: (1) a person who is convicted of and has satisfied the judgment for, or who has received a dismissal after deferral of disposition for, a fine -only misdemeanor, other than an offense under the Transportation Code or municipal ordinance, may petition the court for an order of nondisclosure; (2) the court shall hold a hearing on whether the person is entitled to file the petition and whether issuance of the order is in the best interest of justice; and (3) the clerk of a court that collects a fee for the petition shall deposit the fee to the credit of the general fund of the city. (Effective September 1, 2015.) H.B. 4003 (Laubenberg/Taylor) — Juvenile Records: requires the custodian of a juvenile record or file to redact any personally identifiable information about a victim of a juvenile's delinquent conduct before disclosing the juvenile court record or file. (Effective September 1, 2015.) VETOED H.B. 4103 (Guillen/Garcia) — Judges: provides that a municipal judge who continues to serve because the city council failed to take action to remove or reappoint the judge as required by law may continue to perform the duties of the office without taking an additional oath of office. (Effective September 1, 2015.) S.B. 108 (Whitmire/Thompson) — Juvenile Offenses: provides that: (1) records of a person under 17 years of age may be expunged if the person was acquitted of the offense; (2) for the purposes of offenses under the Education Code, a child means a person who is a student and at least 10 years of age and younger than 18 years of age. (Effective September 1, 2015.) S.B. 873 (Rodriguez/Moody) — Capias Pro Fine: provides that if the municipal court that issued a capias pro fine is unavailable, the arresting officer may take the defendant before a municipal court that is located in the city of arrest in lieu of placing the defendant in jail. (Effective September 1, 2015.) S.B. 1116 (West/Smithee) — Notice: allows a court clerk to send any notice or document using mail or electronic mail (Effective September 1, 2015.) 24 S.B. 1707 (Huffman/Miles) — Juvenile Records: requires the court to give the prosecuting attorney for a juvenile court reasonable notice before a person's juvenile records become eligible for sealing, and allows the court to hold a hearing on the matter upon the prosecuting attorney's request. (Effective September 1, 2015.) Community and Economic Development H.B. 26 (Button/Fraser) — Economic Development: this bill, among other things, renames the Major Events Trust Fund as the Major Events Reimbursement Program. (Effective September 1, 2015.) H.B. 819 (Sheffield/Zaffirini) — Public Health Nuisance: deletes the reference to the "Culex quinquefasciatus" mosquitoes from the definition of a public health nuisance, leaving the generic term "mosquitoes" in its place. (Effective immediately.) H.B. 1277 (Ashby/Bettencourt) — Annexation: provides that: (1) a general law city may annex an area in which 50 percent or more of the property in the area to be annexed is primarily used for a commercial or industrial purpose only if the city: (a) is otherwise authorized to annex the area and complies with the requirements prescribed under that authority; and (b) obtains the written consent of the owners of a majority of the property in the area to be annexed; and (2) the consent required (1)(b), above, must be signed by the owners of the property and must include a description of the area to be annexed. (Effective immediately.) H.B. 1558 (Parker/Hancock) — Juvenile Shelters: prohibits a city from adopting an ordinance, or enforcing and existing ordinance, that prohibits a church from providing overnight shelter for children 17 years of age and younger. (Effective September 1, 2015.) H.B. 1626 (Johnson/West) — Banking Development Districts: provides that: (1) a local government, in conjunction with a financial institution, may submit an application to the Texas Finance Commission for the designation of a banking development district; (2) the commission may approve an application establishing a banking development district; and (3) the governing body of a local government in which a banking development district has been designated may adopt a resolution designating a financial institution located in the district as a banking district depository, and authorize the local government to deposit funds with a banking district depository. (Effective September 1, 2015.) H.B. 1629 (Johnson/West) — Crowdfunding: requires the State Securities Board to adopt rules to regulate and facilitate online intrastate crowdfunding applicable to authorized small business development entities, which includes Type A and B economic development corporations, nonprofit organization authorized to distribute housing and community development block grants, and municipal corporations. (Effective September 1, 2015.) H.B. 1736 (Villalba/Fraser) — Energy Efficiency Standards: provides that: (1) on September 1, 2016, the energy efficiency chapter of the International Residential Code, as it existed on May 1, 2015, is adopted as the energy code in this state for single-family residential construction; (2) 25 on or after September 1, 2021, the State Energy Conservation Office (SECO) may adopt and substitute for that energy code the latest published edition of the energy efficiency chapter of the International Residential Code (IRC), based on written findings on the stringency of the chapter submitted by the Texas A&M Energy Systems Laboratory; (3) SECO may not adopt an edition of the code more often than once every six years and by rule shall establish an effective date for an adopted edition that is not earlier than nine months after the date of adoption; (4) SECO may adopt and substitute for the International Energy Conservation Code (IECC), which applies to all other residential, commercial, and industrial construction, the latest published edition of the IECC, based on written findings on the stringency of the edition submitted by the laboratory, and SECO by rule shall establish an effective date for an adopted edition that is not earlier than nine months after the date of adoption; (5) SECO by rule shall add a procedure for manufacturers of building materials and products to have an opportunity to comment on the codes under consideration; (6) an Energy Rating Index Compliance Alternative or subsequent alternative compliance path as described by (7), below, shall be considered in compliance; (7) an Energy Rating Index Compliance Alternative or subsequent alternative compliance path used to measure compliance for single-family residential construction in an optional compliance path of the energy efficiency chapter of the IRC that uses an energy rating index is as follows: (a) for climate zone 2, an energy rating index of: (i) 65 or lower from September 1, 2016, to August 31, 2019; (ii) 63 or lower from September 1, 2019, to August 31, 2022; and (iii) 59 or lower on or after September 1, 2022; (b) for climate zone 3, an energy rating index of: (i) 65 or lower from September 1, 2016, to August 31, 2019; (ii) 63 or lower from September 1, 2019, to August 31, 2022; and (iii) 59 or lower on or after September 1, 2022; and (c) for climate zone 4, an energy rating index of: (i) 69 or lower from September 1, 2016, to August 31, 2019; (ii) 67 or lower from September 1, 2019, to August 31, 2022; and (iii) 63 or lower on or after September 1, 2022; (8) the optional compliance paths in (7), above, expire September 1, 2025; and (9) a city located in a nonattainment area or in an affected county may establish procedures to adopt local amendments to the optional compliance paths in (7), above. (Effective immediately.) H.B. 1949 (Springer/V. Taylor) - Annexation: provides that: (1) an area of land that would be eligible for annexation by petition of property owners, except that the area is not contiguous to the current city limits, may be annexed if a public right-of-way of a road or highway designated by the city exists that: (a) is located entirely in the extraterritorial jurisdiction of the city; and (b) when added to the area would cause the area to be contiguous to the city; (2) the public right- of-way that makes the area eligible for annexation under (1), above, is included in the annexation (by a metes and bounds description) without regard to whether the owners of the public right-of- way sought annexation; (3) a city that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road; and (4) if a road annexed under (3), above, is a gravel road, the county retains control of granting access to the road and its right-of-way from property that: (a) is not located in the boundaries of the annexing city; and (b) is adjacent to the road and right-of-way. (Effective September 1, 2015.) H.B. 2296 (Smith/Seliger) - Alcohol in Central Business District: provides that a city may prohibit, by charter or ordinance, the possession of an open container or the public consumption of alcoholic beverages in the central business district of the city upon a finding that such activity 26 poses a health and safety risk. (Note: Current law requires a city to petition the Alcoholic Beverage Commission.) (Effective September 1, 2015.) H.B. 2735 (Capriglione/Hancock) — Wet/Dry Status: provides that, in a city that has held certain local option elections after January 1, 1985, the governing body of the city may adopt an ordinance authorizing the sale of beer and wine for off -premise consumption in an area annexed by the city in certain circumstances. (Effective immediately.) H.B. 2772 (Martinez/Lucio) — Economic Development Corporations: provides that an authorized project for a Type A or Type B economic development corporation in certain border cities includes the promotion of new or expanded business enterprises through transportation facilities including airports, hangars, railports, rail switching facilities, maintenance and repair facilities, cargo facilities, marine ports, inland ports, mass commuting facilities, parking facilities, and related infrastructure located on or adjacent to an airport or railport facility. (Effective immediately.) H.B. 2883 (Simmons/Nelson) — Special Districts: provides that a city that has created a crime control and prevention district or a fire control, prevention, and emergency medical services district may add territory to the district pursuant to an election called for that purpose. (Effective immediately.) VETOED H.B. 3060 (Anchia/West) — Building and Standards Commission: provides that, in addition to the authority in current law, a panel of a building and standards commission may order action to be taken as necessary to remedy, alleviate, remove, or abate, violations of ordinances relating to animal care/control or water conservation measures (including water restrictions). (Effective immediately.) H.B. 3244 (Burkett/Hall) — Sale of Real Property: authorizes a home -rule city to contract with a broker to sell a tract of real property the city owns or holds in trust and has the authority to sell. (Effective immediately.) S.B. 100 (Hinojosa/Murphy) — State Enterprise Zones: provides, among other things, that a county may create an enterprise zone within a city provided the county first enters into an interlocal agreement with the city specifying which entity has jurisdiction over the zone. (Effective September 1, 2015.) S.B. 267 (Perry/Huberty) — Rental Housing: provides that: (1) a city may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes a federal housing assistance program funds; and (2) the prohibition in (1), above, does not affect: (a) an ordinance or regulation regarding the lease or rent of a housing accommodation to a military veteran; or (b) a voluntary program designed to encourage the acceptance of a housing voucher funded by the federal government. (Effective September 1, 2015.) 27 S.B. 318 (Hinojosa/S. King) — Texas Military Preparedness Commission Grants: provides that the Texas Military Preparedness Commission: (1) may grant to eligible local governmental entities appropriations to: (a) construct infrastructure and other projects necessary to accommodate a new, expanded, or retained military mission at a military base; or (b) construct infrastructure and other projects necessary to prevent the reduction or closing of a defense facility; (2) may grant appropriations of no less than $50,000 or more than $5 million; and (3) eligible local governmental entities may use the proceeds to train workers to support the mission at military installations or defense facilitates. (Effective immediately.) S.B. 498 (L. Taylor/D. Bonnen) — Texas Windstorm Insurance Association: provides that, to be eligible for coverage by the Texas Windstorm Insurance Association, a residential structure must meet certain building code requirements. (Effective immediately.) S.B. 503 (Perry/Rodriguez) — Texas Military Preparedness Commission Grants: provides that: (1) the Texas Military Preparedness Commission may provide a loan or financial assistance to a defense community for an economic development project that minimizes the negative effects of a base realignment process that occurred during the year 1995 or later; (2) funds appropriated to an eligible local governmental entity may be used to construct infrastructure and other projects necessary to prevent the reduction or closing of a defense facility; (3) the grant assistance may not be less than $50,000 or more than $5 million; and (4) grant assistance funds may be used to train workers to support military installations or defense facilities. (Effective immediately.) S.B. 633 (Fraser/Isaac) — Events Trust Funds: this bill: (1) transfers administration of the Pan American Games Trust Fund, Olympic Games Trust Fund, Major Events Reimbursement Program, Motor Sports Racing Trust Fund, and Events Trust Fund for sporting and non -sporting events from the comptroller to the office of the governor; (2) adds several events to the list of eligible events for funding from the Major Events Reimbursement Program; and (3) eliminates the Special Events Trust Fund. (Effective September 1, 2015.) S.B. 1264 (Eltife/Kuempel) — Industrialized Housing and Buildings: provides that the definition of industrialized buildings or housing does not include a commercial or residential structure that exceeds four stories or 60 feet in height. (Note: Prior law limited the definition to structures of three stories or 49 feet in height.) (Effective September 1, 2015.) S.B. 1358 (Campbell/S. King) — Texas Military Preparedness Commission: this bill, among other things: (1) transfers rulemaking authority from the Texas Economic Development and Tourism Office to the Texas Military Preparedness Commission; and (2) increase the amount of grant money to eligible local governmental entities from $2 to $5 million. (Effective September 1, 2015.) VETOED S.B. 1408 (Lucio/T. King) — Community Development Grant Program: provides that: (1) the Texas Department of Agriculture, subject to the availability of funds, must create a community development matching grant program to assist in financing various activities, including trade -related initiatives, renewable energy projects, water or wastewater infrastructure projects, and economic development projects; and (2) a city is eligible for a matching grant if the city is in a nonentitlement area as defined under the federal community development block grant 28 nonentitlement program and in good standing with the department and the U.S. Department of Housing and Urban Development. (Effective September 1, 2015.) S.B. 1812 (Kolkhorst/Geren) — Eminent Domain Reporting: provides that: 1. the comptroller shall create and make accessible on a website an eminent domain database; 2. the eminent domain database must include with respect to each public and private entity authorized by law to exercise the power of eminent domain: (a) the name of the entity; (b) the entity' s address and public contact information; (c) the name of the appropriate officer or other person representing the entity and that person's contact information; (d) the type of entity; (e) each provision of law that grants the entity eminent domain authority; (f) the focus or scope of the eminent domain authority granted to the entity; (g) the earliest date on which the entity had the authority to exercise the power of eminent domain; (h) the entity's taxpayer identification number, if any; (i) whether the entity exercised eminent domain authority in the preceding calendar year by the filing of a condemnation petition; and (j) the entity's website address or, if the entity does not operate an website, contact information to enable a member of the public to obtain information from the entity; 3. the comptroller may consult with the appropriate officer of, or other person representing, each entity to obtain the information necessary to maintain the eminent domain database; 4. to the extent information required in the eminent domain database is otherwise collected or maintained by a state agency or political subdivision, the comptroller may request and the state agency or political subdivision shall provide that information and any update to the information as necessary for inclusion in the eminent domain database; 5. at least annually, the comptroller shall update information in the eminent domain database for each entity, as appropriate; 6. to the extent possible, the comptroller shall present information in the eminent domain database in a manner that is searchable and intuitive to users, and may enhance and organize the presentation of the information through the use of graphical representations; 7. not later than February 1 of each year, an entity shall submit to the comptroller a report containing records and other information specified by the bill for the purpose of providing the comptroller with information to maintain the eminent domain database; 8. an entity that has been recently created has certain deadline concessions; 9. an entity shall report to the comptroller any changes to the entity's eminent domain authority information reported under the bill not later than the 90th day after the date on which the change occurred; 10. if an entity does not timely submit a report under the bill, the comptroller shall provide written notice to the entity informing the entity of the violation and notifying the entity that the entity will be subject to a penalty of $1,000 if the entity does not report the required information on or before the 30th day after the date the notice is provided; 11. not later than the 30th day after the date the comptroller provides notice to an entity, the entity must report the required information; 12. if an entity does not report the required information: (a) the entity is liable to the state for a civil penalty of $1,000; and (b) the comptroller shall provide written notice to the entity informing the entity of the entity' s liability for the penalty and notifying the entity that it 29 could be subject to an additional $1,000 penalty and have its noncompliance reflected in the database; 13. the reporting, failure to report, or late submission of a report by a public or private entity, including a common carrier, under the bill does not affect the entity's authority to exercise the power of eminent domain; and 14. the comptroller may adopt rules and establish policies and procedures to implement the bill. (Note: League staff has already communicated with the comptroller's office regarding the logistics of this bill, and will be closely involved in its implementation.)(Effective immediately, with the posting of the database mandated for January 1, 2016.) S.B. 1989 (Menendez/Anderson) — Low Income Housing Tax Credits: provides criteria for underwriting standards used to evaluate applications for low income housing tax credits. (Effective September 1, 2015.) Personnel H.B. 445 (Raney/Lucio) — Paid Military Leave: requires a city, or other governmental entity, to give an employee an annual accounting of the state -mandated military paid leave time that the employee is entitled to and has used that year. (Effective September 1, 2015.) H.B. 593 (Collier/Whitmire) — Animal Encounter Training: requires a peace officer to complete a canine encounter and behavior training program: (1) as part of the minimum curriculum requirements for a basic proficiency certificate; (2) within two years of becoming licensed; and (3) as a requirement before receiving an intermediate or advanced proficiency certificate. (Effective September 1, 2015, with the training requirement becoming effective on January 1, 2016.) H.B. 786 (Walle/Zaffirini) — Breastfeeding: requires a public employer, including a city, to: (1) develop policies for its employees that encourage and accommodate breastfeeding; (2) provide breaks and a private room for breastfeeding; and (3) avoid discriminating against an individual based on the employee's exercise of her right to breastfeed in the workplace. (Effective September 1, 2015.) H.B. 1094 (Geren/Eltife) — First Responder Death Benefits: extends from two years after remarriage to life the time that a remarried spouse of a first responder who died in the course and scope of employment may receive workers' compensation death benefits. (Effective September 1, 2015.) H.B. 1151 (S. Thompson/Garcia) — Harassment: makes it an unlawful employment practice under state law to harass or allow harassment of an unpaid intern. (Effective September 1, 2015.) 30 H.B. 1278 (Hughes/Lucio) — First Responder Death Benefits: increases the amount of state death benefits given to the families of public safety employees killed in the line of duty. (Effective September 1, 2015.) H.B. 1707 (Stephenson/Huffman) — Emergency Services Retirement System: authorizes a governmental entity, including a city, to use wire transfer or an ACH debit for deposits to the Texas Emergency Services Retirement System. (Effective September 1, 2015.) H.B. 1790 (Marquez/Lucio) — Civil Service: requires a civil service city to allow a peace officer or fire fighter to volunteer to work in place of a police or fire co-worker any time such a co-worker is disabled by injury or illness. (Effective September 1, 2015.) H.B. 2020 (Martinez/Campbell) — Emergency Medical Services: authorizes a certified emergency medical technician -paramedic or a licensed paramedic, acting under the authority of a doctor, to provide health services, including advanced life support in an emergency or urgent care setting, including in an emergency room. (Effective immediately.) H.B. 2498 (Zerwas/Eltife) — Emergency Medical Services Personnel: requires: (1) adoption of the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact ("REPLICA") to allow EMS personnel to work in different states if: (a) the personnel is licensed using certain national exams; (b) the work in a different state is needed for transportation of a patient; or (c) the work is needed due to a declaration of an emergency or disaster; (2) expediting the licensure of certain former or current military personnel who have certain national certification for EMS; and (3) joining the interstate commission that oversees the compact. (Effective September 1, 2015.) H.B. 2680 (G. Bonnen/L. Taylor) — Training Funds: changes the allocation of Texas Commission on Law Enforcement training funds to add the number of telecommunicators into the calculation of personnel for distribution of the funds. (Effective September 1, 2015.) H.B. 2771 (Martinez/L. Taylor) — Workers' Compensation: expands the definition of "course and scope of employment" for workers' compensation purposes to include the time a firefighter or emergency medical personnel is traveling to an emergency. (Effective September 1, 2015.) H.B. 2828 (Phillips/Burton) — Criminal Background Checks: authorizes a city to obtain criminal history record information from the Texas Department of Public Safety for: (1) applicants for employment; (2) employees; (3) city vendor applicants for employment or employees; (4) city volunteers; and (5) city volunteer applicants. (Effective September 1, 2015.) H.B. 3212 (P. King/Menendez) — Retired Peace Officer ID Cards: requires a city to: (1) provide an identification card to certain retired peace officers; and (2) issue a replacement card if a card is lost or stolen and the officer or retired officer provides an affidavit stating that the card was stolen or lost. (Effective September 1, 2015.) S.B. 202 (Nelson/Price) — Code Enforcement Officers/Sanitarians: provides that: (1) the Code Enforcement Officers Licensing and Sanitarian Licensing Programs are transferred from 31 the Department of State Health Services to the Texas Department of Licensing and Regulation (TDLR); and (2) TDLR may establish an advisory committee to provide advice and recommendations to the department on technical matters relevant to the administration of each of those programs. (The provisions in the bill relating to the transfer of the programs above become effective September 1, 2017.) S.B. 208 (Campbell/Burkett) — Texas Workforce Commission: among other things, repeals the Texas Workforce Commission's authorization to review fire department exams for discrimination. (Effective September 1, 2015.) S.B. 1462 (West/E. Johnson) — Emergency Services Personnel: authorizes emergency services personnel to administer an opioid antagonist to a person who appears to be suffering from an opioid -related drug overdose. (Effective September 1, 2015.) S.B. 1899 (Campbell/Martinez) — Emergency Medical Services Personnel: (1) authorizes a certified emergency medical technician -paramedic or a licensed paramedic, who is acting under the authority of a doctor, to provide health services, including advanced life support in an emergency or urgent care setting, including in an emergency room; (2) requires the Department of State Health Services to: (a) create an emergency services provider jurisprudence exam; and (b) determine who must take the exam at each emergency medical services provider; (3) requires each emergency medical services provider to: (a) have a physical location which they own or have a long term lease; and (b) maintain certain equipment. (Effective immediately.) S.B. 1987 (Menendez/Minjarez) — Peace Officer Training: requires that an officer be trained, within two years of licensure or when the officer applies for an intermediate proficiency certificate, on procedures for interacting with drivers who are deaf or hard of hearing. (Effective January 1, 2016.) Public Safety H.B. 11 (D. Bonnen/Birdwell) — Border Security: this bill, among other things: (1) authorizes law enforcement, pursuant to a judge's order, to intercept wire, oral, or electronic communications of individuals involved in prostitution and human trafficking; (2) establishes an officer of Transnational and Organized Crime within the attorney general's office that will address border security and provide assistance to local prosecutors and law enforcement agencies related to border crime and human trafficking; (3) authorizes the construction of a multiuse training facility to be used by state and local police; (4) requires reporting by certain border cities and counties to the Texas Transnational Intelligence Center regarding kidnappings, home invasions, and incidents of impersonation of law enforcement officers within the region; and (5) creates the crime of continuous smuggling of persons. (Effective September 1, 2015.) H.B. 324 (Dutton/Burton) — Body Cavity Searches: provides that: (1) "body cavity search" is defined as an inspection that is conducted of a person's anal or vaginal cavity in any manner; and (2) a peace officer is prohibited from conducting a body cavity search during a traffic stop, 32 unless the officer first obtains a search warrant authorizing that search. (Effective September 1, 2015.) H.B. 326 (Wu/Hall) — Probable Cause Affidavits: allows a magistrate to accept by telephone or by other electronic means a sworn affidavit that is provided to support the issuance of a search warrant. (Effective September 1, 2015.) H.B. 473 (Giddings/Menendez) — Law Enforcement Vehicles: prohibits a city from selling or transferring a marked patrol car or other law enforcement motor vehicle to: (1) the public, unless the city first removes any equipment or insignia that could mislead a reasonable person to believe the vehicle is a law enforcement motor vehicle; and (2) a security services contractor, unless each emblem or insignia that identifies the vehicle as a law enforcement vehicle is removed. (Effective September 1, 2015.) H.B. 530 (Hernandez/West) — Asset Forfeiture: this bill: (1) allows a law enforcement agency to transfer not more than ten percent of the gross amount credited to the agency's criminal asset forfeiture fund to a separate special fund to provide scholarships to the children of certain peace officers who are killed in the line of duty; and (2) requires the attorney general to develop an annual report detailing the amount of funds forfeited, or credited after the sale of forfeited property, and post the same on the attorney general's website. (Effective September 1, 2015.) H.B. 644 (Canales/Hinojosa) — Search Warrants: requires that a search warrant contain the magistrate's name in clearly legible handwriting or typewritten form, along with the signature, and makes it a third degree felony to tamper with a search warrant issued by a magistrate. (Effective September 1, 2015.) H.B. 872 (Raymond/Whitmire) — Peace Officer Licensure: requires the Texas Commission on Law Enforcement to reactivate a peace officer's license after a break in employment if the officer: (1) worked for at least 10 years in good standing before the break in employment; (2) meets current licensing standards; (3) successfully completes continuing education requirements; and (4) files an application and pays any required fees. (Effective September 1, 2015.) H.B. 905 (Frullo/Schwertner) — Knives: prohibits a city from adopting or enforcing a regulation relating to the transfer, private ownership, keeping, transportation, licensing, or registration of knives. (Effective September 1, 2015.) H.B. 910 (Phillips/Estes) — Handgun Open Carry: this bill generally authorizes a person with a concealed handgun license to open carry in a belt or shoulder holster in the same manner as a concealed handgun licensee under current law. It essentially removes the "concealed" limitation in the current statute. Of particular interest to cities, the bill also: (1) renames the concealed handgun license as a "license to carry a handgun;" (2) adds the use of restraint holsters and methods to ensure the secure carrying of openly carried handguns to the required training curriculum to obtain a license to carry a handgun; (3) provides that it is a defense to prosecution for criminal trespass that: (a) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and (b) the person was licensed to carry a handgun and concealed carrying or open carrying in a shoulder or belt holster; (4) the 33 holder of a license to carry a handgun commits an offense ("trespass by license holder with a concealed handgun") if the person carries a concealed handgun on property of another without effective consent and received notice that entry on the property by a license holder with a concealed handgun was forbidden; (5) modifies the language that must be in a "30.06 sign," which provides the notice required to exclude a license holder, to conform to open carry by reading as follows: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun;" (6) creates the offense of "trespass by license holder with an openly carried handgun" and provides for new notice language to exclude a license holder from openly carrying to read as follows: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly;" (7) an offense under (4) or (5), above, is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication and subsequently failed to depart; (8) a license holder commits an offense if the license holder carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person and intentionally displays the handgun in plain view of another person: (a) on the premises of an institution of higher education or private or independent institution of higher education; or (b) on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education; and (9) provides that a current holder of a concealed handgun license may continue to concealed carry and may also openly carry a handgun in a belt or shoulder holster. (Note: This bill does not change the law relating to: (1) the authority of a city to ban carrying of a handgun by a license holder in a meeting of the city council or other city boards/commissions that are subject to the Open Meetings Act, if the body has given notice that doing so is prohibited, or (2) the prohibition of a license holder carrying a handgun in a building that houses a court or court offices, without written permission from the court.)(Effective January 1, 2016.) H.B. 942 (Kacal/Birdwell) — Fertilizer Facilities: requires: (1) each owner and operator of an ammonium nitrate storage facility to: (a) allow a fire marshal to enter the facility to make an examination of the facility; (b) allow the local fire department to access the facility to perform a pre -fire planning assessment; (c) comply with a request of a fire marshal to comply with state, federal, and National Fire Protection Association (NFPA) rules related to the storage of ammonium nitrate; (d) file a "tier two" report with the Texas Commission on Environmental Quality (TCEQ): (i) not later than the 90th day after there is a change in chemical weight range in a hazardous chemical or extremely hazardous material; (ii) when it begins business or within 72 hours of receiving ammonium nitrate; and (iii) as otherwise required by TCEQ rule; and (e) furnish the tier two report to the local fire chief and local emergency planning committee; (2) a fire marshal to: (a) notify the owner or operator of a facility if he or she finds a hazardous condition; and (b) notify the Texas Fertilizer Control Service if the marshal find a violation of a listed state, federal, or NFPA rule; (3) each owner and operator to file required tier two reports with the TCEQ; and (4) the TCEQ to: (a) develop and implement a public notification program; (b) inform the Texas Division of Emergency Management and the state fire marshal within 72 34 hours of receiving a tier two form reporting the presence of ammonium nitrate at an ammonium nitrate storage facility; (Effective September 1, 2015, with the fire prevention and inspection provisions effective immediately.) H.B. 1036 (E. Johnson/Whitmire) — Police Officers: requires: (1) the attorney general to: (a) create an electronic form for reporting by police agencies any officer -involved injury or death; (b) post the reports on its website; (c) compile the officer -involved death or injury reports annually; and (d) create a form to report peace officer injuries and deaths; and (2) that, within 30 days of an officer -involved injury or death, a report of the incident be submitted to the attorney general. (Effective September 1, 2015.) H.B. 1061 (Zedler/Whitmire) — Interference with Public Duties: provides a rebuttable presumption that a person is interfering with a peace officer if a person intentionally disseminates a peace officer's home address, home telephone number, emergency contact information, or social security number. (Effective September 1, 2015.) H.B. 1212 (Price/Schwertner) — Synthetic Drugs: provides that: (1) the commissioner of public health may designate certain consumer commodities as abusable synthetic substances, and provide that such commodities are subject to certain regulations and enforcement actions; (2) the commissioner may emergency schedule a substance as a controlled substance under certain circumstances; and (3) it is not an affirmative defense to the prosecution of certain offenses involving the manufacture, delivery, or possession of a controlled substance analogue that the analogue was not intended for human consumption. (Effective September 1, 2015.) H.B. 1264 (Wu/Huffman) — Intoxication Offenses: requires a governmental entity to keep blood or urine specimens collected as part of an investigation of an alleged intoxication offense for: (1) the greater of two years or the period of the statute of limitations for the offense, if the indictment or information charging the defendant (or the petition in a juvenile proceeding) has not been presented; (2) the duration of a defendant's sentence of term of community supervision, or the duration of the commitment or supervision period applicable to the disposition of a juvenile case; or (3) until the defendant is acquitted or the indictment of information is dismissed with prejudice, or — in a juvenile proceeding — until a hearing is held and the court does not find the child engaged in delinquent conduct or conduct indicating a need for supervision. (Effective September 1, 2015.) H.B. 1293 (Alvarado/Huffman) — Stalking: allows the victim of certain stalking offenses to choose a pseudonym to be used instead of the victim's actual name to designate the victim in all public files and records concerning the offense. (Effective September 1, 2015.) H.B. 1338 (Naishtat/Menendez) — Peace Officer Training: requires the Department of Public Safety to create and maintain peace officer and first responder training programs on handling individuals with brain injuries and veterans with combat related trauma, post-traumatic stress, post traumatic stress disorder, or a traumatic brain injury. (Effective September 1, 2015.) H.B. 1388 (Bohac/Creighton) — Disease Presumption: requires that: (1) a rebuttal made by a government employer regarding workers' compensation disease presumption include a detailed 35 statement of the evidence used to determine that the disease in question was not caused by the individual's employment; and (2) a denial by a carrier include evidence reviewed in making the denial. (Effective immediately.) H.B. 1396 (Workman/Burton) — Search Warrants/Statutory Construction: provides, among other things, that: (1) a peace officer must (with certain exceptions) obtain a search warrant before searching a cellular telephone or other wireless communication device pursuant to a lawful arrest; (2) except for a criminal offense or penalty under the Penal Code or the Texas Controlled Substances Act, a statute or rule that creates or defines a criminal offense or penalty shall be construed in favor of the actor if any part of the statute or rule is ambiguous; and (3) the punishments for certain offenses against property or against public administration are amended. (Effective September 1, 2015.) H.B. 1417 (Elkins/Creighton) — Peace Officer Identification Cards: requires a law enforcement agency that issues an identification card to a peace officer, reserve law enforcement officer, or honorably retired peace officer to issue a duplicate card if the card is lost or stolen. (Effective September 1, 2015.) H.B. 1481 (Murphy/Birdwell) — Drones: prohibits the use of a drone over, among other things, certain energy facilities, pipelines, water facilities, dams, and other critical infrastructure other than by the government, including a city, or by a person under contract with a law enforcement agency. (Effective September 1, 2015.) H.B. 1666 (D. Bonnen/Huffman) — Liability for Training: protects a person from liability for damages caused by certain fire training exercises and certain emergency training exercises, so long as the person does not engage in reckless conduct or intentional, willful, or wanton misconduct. (Effective September 1, 2015.) H.B. 1733 (Smithee/Watson) — Transportation Network Services: provides that: (1) a "transportation network company" (TNC) is defined as an entity operating in Texas that provides prearranged transportation network services for compensation through an online -enabled application or platform that connects a passenger with a participating driver; (2) a TNC's insurance coverage must satisfy the Motor Vehicle Liability Insurance Act and include uninsured motorist and personal injury protection coverage; and (3) a TNC must provide written disclosure of the company's insurance policy to drivers. (Effective January 1, 2016.) H.B. 2053 (Farney/Schwertner) — Child Safety Check: (1) requires a law enforcement officer who encounters a person listed on the Texas Crime Information Center's child safety check alert list to: (a) immediately contact the Department of Family and Protective Services; (b) request information from the department regarding the child or other person; (c) request information from the child or other person regarding the child's well-being; (d) obtain the child's current address; and (e) notify the Texas Crime Information Center that the child or other person has been located and to whom the child was released; and (2) allows an officer to: (a) detain all individuals in the officer's presence that are described in the child safety check alert list and take temporary custody of the child who is the subject of a report of child abuse or neglect; and (b) temporarily take possession of the child if necessary. (Effective September 1, 2015.) 36 H.B. 2135 (D. Miller/Watson) — Police Firearms: allows: (1) a person to purchase a firearm from a city if the person is a peace officer commissioned by the city, the person is honorably retired, and the firearm is not a prohibited weapon under state law; (2) a surviving spouse, child, or parent to purchase a firearm from the city if the officer is commissioned by the city and dies, regardless of whether the officer dies on the job, and the firearm is not a prohibited weapon under state law; (3) a city to charge up to fair market value for a firearm; and (4) a city to delay the sale of the firearm if it cannot immediately be replaced. (Effective September 1, 2015.) H.B. 2162 (Simmons/Campbell) — Burglar Alarms: makes numerous changes to the current law governing how cities respond to burglar alarms. Specifically, the bill provides that the current law provisions governing burglar alarm response apply only to a city with a population of less than 100,000 that is located wholly in a county with a population of less than 500,000. It creates a new statute that applies to every city that does not meet the bracket above, and the new statute provides that: 1. if a city adopts an ordinance that requires a person to obtain a permit before the person may use an alarm system in the city, the ordinance must provide that the permit is valid for at least one year; 2. the requirement in (1), above, does not affect the authority of the city to: (a) revoke, suspend, or otherwise affect the duration of a permit for disciplinary reasons at any time during the period for which the permit is issued; or (b) make a permit valid for a period of less than one year if necessary to conform the permit to the termination schedule established by the city; 3. if a city adopts an ordinance that requires a person to pay an annual fee to obtain an alarm permit, the fee shall be used for the general administration of the bill; 4. a municipal permit fee imposed under the new statute for an alarm system may not exceed the rate of $50 a year for a residential location and $250 a year for other alarm system locations; 5. a city may not terminate its law enforcement response to a residential permit holder because of excess false alarms if the false alarm fees are paid in full, except that a city may revoke or refuse to renew the permit of an alarm system that has had eight or more false alarms during the preceding 12 -month period; 6. when permitting free false alarm responses and in setting false alarm fees, a city must administer any ordinance on a fair and equitable basis as determined by the governing body; 7. a city may not terminate an alarm permit for nonrenewal without providing at least 30 days' notice; 8. a city may not refuse to issue an alarm system permit for a residential location solely because the residential location is an individual residential unit located in a multiunit housing facility, and the city shall issue the permit to the person occupying the individual residential unit; 9. a city may not consider a false alarm to have occurred unless a response is made by an agency of the city within a reasonable time and the agency determines from an inspection of the interior or exterior of the premises that the alarm report by an alarm systems monitor was false; 37 10. a city may impose a penalty on a person who uses an alarm system for the report of a false alarm by an alarm systems monitor if at least three other false alarms have occurred at that location during the preceding 12 -month period; 11. the amount of the penalty in (10), above, may not exceed: (a) $50, if the location has had more than three but fewer than six other false alarms in the preceding 12 -month period; (b) $75, if the location has had more than five but fewer than eight other false alarms in the preceding 12 -month period; or (c) $100, if the location has had eight or more other false alarms in the preceding 12 -month period; 12. a city may not impose a penalty authorized under (10), above, if reasonable visual proof of possible criminal activity recorded by an alarm systems monitor is provided before the inspection of the premises by an agency of the city; 13. a city that adopts an ordinance requiring a person to obtain a permit before the person may use an alarm system may impose a penalty, not to exceed $250, for the report of a false alarm by an alarm systems monitor on a person who has not obtained a permit for the alarm system as required by the ordinance; 14. a city: (a) may impose a penalty, not to exceed $250, for the report of a false alarm on a person not licensed by the state that to any extent is reported or facilitated by the unlicensed person; and (b) may not impose a penalty for the report of a false alarm on a person licensed by the state; 15. a city may require an alarm systems monitor to attempt to contact the occupant of the alarm system location twice before the city responds to the alarm signal; 16. a city may not adopt an ordinance providing that law enforcement personnel will not respond to any alarm signal in the city unless, before adopting the ordinance, the governing body makes reasonable efforts to notify permit holders of its intention to adopt the ordinance and conducts a public hearing at which interested persons are given the opportunity to be heard; 17. a city that does not respond to an alarm system signal is not liable for damages that may occur relating to the cause of the alarm system signal; 18. a property owner or an agent of the property owner authorized to make decisions regarding the use of the property may elect to exclude the city from receiving an alarm signal by an alarm system located on the owner's property, but a city may adopt an ordinance that specifies the requirements a property owner must satisfy for an election to be made; and 19. if an election is made under (18), above, the city: (a) may not impose a fee to obtain a permit to use the alarm system; (b) may impose a fee on the property owner, not to exceed $250, for each law enforcement response to a signal from the alarm system requested by an alarm systems monitor; and (c) may not impose or collect any other fine, penalty, or fee, other than a collection fee, related to the alarm system. (Effective September 1, 2015.) H.B. 2185 (Clardy/Huffman) — DNA Warrants: provides that a warrant for a DNA specimen may be executed in any county in the state. (Effective September 1, 2015.) H.B. 2246 (Villalba/Huffman) — Ignition Interlocks: entitles a person convicted of a DWI offense to receive an occupational driver's license without a finding that an essential need exists 38 for that person, as long as the individual shows evidence of financial responsibility and proof that an ignition interlock device is installed in the person's motor vehicle. (Effective September 1, 2015.) H.B. 2486 (Keffer/Hinojosa) — Recovery of Personal Property: provides that: (1) a person may apply to a justice court for an order authorizing entry into their residence or former residence, accompanied by a peace officer, to retrieve their personal property; (2) a peace officer acting under an order described in (1), above, must: (a) accompany and assist the applicant in making authorized entry and retrieving certain personal property; (b) provide the current occupant of the residence a copy of the court order if the occupant is home at the time of entry; and (c) inventory the property retrieved by the applicant and provide the inventory to certain persons; (3) peace officer may use reasonable force in providing assistance; and (4) it is a misdemeanor offense to interfere with a peace officer acting under an order described in (1), above. (Effective September 1, 2015.) H.B. 2646 (Giddings/Schwertner) — Disease Reporting: allows the Department of State Health Services or a local health authority or department to release the minimum amount of information necessary about individuals with communicable diseases to a city whose first responders might be responding to the individual. (Effective September 1, 2015.) H.B. 2827 (Phillips/Garcia) — Homeland Security: expands the definition of "homeland security activity" for emergency management purposes to include fire or medical emergencies that are beyond a local jurisdiction's capabilities. (Effective immediately.) H.B. 2950 (Klick/V. Taylor) — Infectious Disease Preparedness: creates the Task Force on Infectious Disease Preparedness and Response, which will: (1) provide expert protocols and recommendations related to responses to infectious diseases, including Ebola; and (2) include one emergency medical services personnel and two representatives of local health authorities on the task force's board of directors. (Effective immediately.) VETOED H.B. 3184 (McClendon/Menendez) — Victim -Offender Mediation Program: authorizes a city council: (1) to establish a pretrial victim -offender mediation program for persons charged with a misdemeanor or state jail felony offense against property; (2) to adopt administrative and local rules of procedure for the program; and (3) to collect from a participant a $500 fee for the program and $15 court cost paid to the municipal treasury for the purpose of funding the program. (Effective September 1, 2015.) H.B. 3211 (P. King/Whitmire) — Peace Officer Training: shortens to twelve months the period in which a peace officer appointed to a supervisory position, or who will be appointed to a supervisory position, has to complete supervisor training (Effective September 1, 2015.) H.B. 3327 (Alvarado/Huffman) — Domestic Violence: allows the attorney general to award grants to domestic violence high risk teams composed of law enforcement officers, prosecutors, community supervision and corrections departments, victim advocates, nonprofit organizations that provide services to victims, and medical personnel. (Effective September 1, 2015.) 39 H.B. 3668 (Workman/Menendez) — Wiretapping: adds arson investigation unit members to the list of law enforcement personnel who can engage in wiretapping. (Effective immediately.) H.B. 3791 (Geren/Hinojosa) — Intoxication Arrest Videos: requires that a police department release to a person stopped or arrested on suspicion of DWI a copy of any video of the stop, arrest, field sobriety tests, and all other interactions with the officer. (Effective September 1, 2015.) S.B. 11 (Birdwell/Fletcher) — Campus Concealed Handgun Carry: provides that (1) a handgun license holder may carry a concealed handgun on or about the license holder's person while the license holder is on the campus of an institution of higher education or private or independent institution of higher education in this state; (2) an institution of higher education or private or independent institution of higher education in this state may not adopt any rule, regulation, or other provision prohibiting license holders from carrying handguns on the campus of the institution; (3) it is an exception to (2), above, that: (a) the institution may establish rules, regulations, or other provisions concerning the storage of handguns in dormitories or other residential facilities that are owned or leased and operated by the institution and located on the campus of the institution; (b) after consulting with students, staff, and faculty of the institution regarding the nature of the student population, specific safety considerations, and the uniqueness of the campus environment, the president or other chief executive officer of an institution (subject to amendment by the board of regents or other governing board) shall establish reasonable rules, regulations, or other provisions regarding the carrying of concealed handguns by license holders on the campus of the institution or on premises located on the campus of the institution, but may not establish provisions that generally prohibit or have the effect of generally prohibiting license holders from carrying concealed handguns on the campus of the institution (the institution must give effective notice under Section 30.06, Penal Code, with respect to any portion of a premises on which license holders may not carry; and (c) a private or independent institution of higher education in this state, after consulting with students, staff, and faculty of the institution, may establish rules, regulations, or other provisions prohibiting license holders from carrying handguns on the campus of the institution, any grounds or building on which an activity sponsored by the institution is being conducted, or a passenger transportation vehicle owned by the institution; (3) an institution is granted immunity for the actions of a handgun license holder; and (4) a license holder commits an offense if he carries a partially or wholly visible handgun, regardless of whether the handgun is holstered, on or about the license holder's person and intentionally or knowingly displays the handgun in plain view of another person on the premises of an institution of higher education or private or independent institution of higher education; on any public or private driveway, street, sidewalk or walkway, parking lot, parking garage, or other parking area of an institution of higher education or private or independent institution of higher education; or in a place in which the carrying of the handgun is prohibited by a rule established under (2), above, and in which proper notice is given. (Effective August 1, 2016, except for junior colleges the effective date is August 1, 2017.) S.B. 158 (West/Fletcher) — Body Cameras: provides, among other things, that: (1) a law enforcement agency in this state may apply to the office of the governor for a grant to equip officers with body cameras if the agency employs officers who: (a) are engaged in traffic or highway patrol or otherwise regularly stop or detain motor vehicles; or (b) respond to calls for 40 assistance from the public; (2) the office of the governor create and implement a matching grant program for body cameras; (3) a local law enforcement agency must match 25 percent of any grant money; (4) a law enforcement agency that receives a grant from the Department of Public Safety to provide body cameras to its officers or that otherwise operates a body worn camera program must adopt a policy and training program for the use of body cameras; (5) a body camera policy must include when and why an officer may choose to activate or not activate a body worn camera; (6) it is a crime for a law enforcement officer to release a video from a body worn camera without receiving permission from the law enforcement agency; (6) a member of the public must provide certain information when requesting information recorded by a body camera; and (7) a law enforcement agency must follow certain procedures related to the release of information regarding body camera recordings to the public. (Effective September 1, 2015, except the requirement for departments already operating a camera system has until September 1, 2016, to implement a body camera policy and training program.) S.B. 172 (Huffman/Clardy) — Synthetic Drugs: modifies the Texas Controlled Substances Act by: (1) adding certain substances to Penalty Groups 1-A and 2; and (2) changing the penalty group for other chemicals. (Effective September 1, 2015.) S.B. 173 (Huffman/Clardy) — Synthetic Marijuana: modifies the Texas Controlled Substances Act by adding additional chemicals commonly referred to as synthetic cannabinoids to the Act. (Effective September 1, 2015.) S.B. 273 (Campbell/Guillen) — Concealed Handgun Signs: provides that: (1) a state agency or a political subdivision of the state may not provide notice that a concealed handgun licensee is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity unless license holders are actually prohibited by state law from carrying a handgun on the premises; (2) a state agency or a political subdivision of the state that improperly posts notice is liable for a civil penalty of: (a) not less than $1,000 and not more than $1,500 for the first violation; and (b) not less than $10,000 and not more than $10,500 for the second or a subsequent violation; (3) a citizen of this state or a person licensed to carry a concealed handgun may file a complaint with the attorney general that a state agency or political subdivision has improperly posted notice; (4) before a suit may be brought against a state agency or a political subdivision of the state for improperly posting notice, the attorney general must investigate the complaint to determine whether legal action is warranted; (5) if legal action is warranted, the attorney general must give the chief administrative officer of the agency or political subdivision charged with the violation a written notice that gives the agency or political subdivision 15 days from receipt of the notice to remove the sign and cure the violation to avoid the penalty; (6) if the attorney general determines that legal action is warranted and that the state agency or political subdivision has not cured the violation within the 15 -day period, the attorney general or the appropriate county or district attorney may sue to collect the civil penalty, and the attorney general may also file a petition for a writ of mandamus or apply for other appropriate equitable relief; and (7) a state agency or political subdivision may only prohibit a concealed handgun licensee from carrying in a meeting room where a governmental body that is subject to the Open Meetings Act is meeting. (Effective September 1, 2015.) 41 S.B. 461 (Perry/Parker) — Synthetic Substances: provides that: (1) a person commits a criminal offense if in the course of business the person knowingly produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance; and (2) a city attorney, among others, may institute an action in district court to collect a civil penalty (up to $25,000/day) from a person who in the course of business produces, distributes, sells, or offers for sale a mislabeled abusable synthetic substance. (Effective September 1, 2015.) S.B. 505 (Perry/Workman) — Meteorological Tower Markings: provides that: (1) a meteorological evaluation tower as defined by the bill that is at least 50 feet but not more than 200 feet in height above ground level: (a) must be painted in equal alternating bands of aviation orange and white, beginning with orange at the top of the tower; (b) must have aviation orange marker balls installed and displayed in accordance with the certain Federal Aviation Administration requirements; and (c) may not be supported by guy wires unless the guy wires have a seven -foot -long safety sleeve at each anchor point that extends from the anchor point along each guy wire attached to the anchor point; (2) a person who owns, operates, or erects a meteorological evaluation tower in violation of the bill commits an a Class C misdemeanor offense, except that the offense is a Class B misdemeanor if it is shown on the trial of the offense that as a result of the commission of the offense a collision with the meteorological evaluation tower occurred causing bodily injury or death to another person; and (3) the Texas Department of Transportation shall adopt rules to implement and administer the bill, including rules requiring a person: (a) who owns, operates, or erects a meteorological evaluation tower to provide notice to the department of the existence of or intent to erect a meteorological evaluation tower; and (b) to register the meteorological evaluation tower with the department. (Effective September 1, 2015.) S.B. 582 (Kolkhorst/Harless) — Food Handlers: requires a local health jurisdiction to accept training from the American National Standards Institute as sufficient to meet any training, testing, or permitting requirements. (Effective immediately.) S.B. 788 (Eltife/Paddie) - Emergency Communication Services (Kari's Law): provides that: (1) certain business service users that use Internet Protocol enabled service and provide outbound dialing capacity or access must configure the telephone system to allow a person initiating a 9-1- 1 call on the system to directly access 9-1-1 service by dialing the digits 9-1-1 without an additional code, digit, prefix, postfix, or trunk -access code; and (2) a home rule city that independently operates a 9-1-1 system must, upon request, assist a business service user that is within the city's jurisdiction to comply with (1), above. (Effective immediately.) S.B. 923 (Watson/Zedler) — Obstruction or Retaliation: provides that a person commits the offense of obstruction or retaliation if the person posts on a publicly accessible website the home address or phone number of an individual the actor knows is a public servant or a member of a public servant's family or household with the intent to cause harm or a threat of harm to the individual or family member in retaliation for or on account of the service or status of the individual as a public servant. (Effective September 1, 2015.) S.B. 1105 (Eltife/Cook) — State Buildings: preempts a city's fire safety authority over any state-owned or state -leased building. (Effective immediately.) 42 S.B. 1129 (Zaffirini/Raymond) — Mental Illness: provides that, when transporting a committed patient or a patient detained at a designated mental health facility, the patient may be restrained only during the apprehension, detention, or transportation of the patient, and the method of restraint must permit the patient to sit in an upright position without undue difficulty (unless the patient is being transported by ambulance). (Effective immediately.) S.B. 1287 (Hinojosa/Geren) — Forensic Analyst Licenses: provides that: (1) forensic analysts that perform forensic analysis on behalf of crime labs must be licensed by the Texas Forensic Science Commission; and (2) an advisory committee to the Texas Forensic Science Commission should be created, consisting of representation from municipal crime laboratories. (Effective September 1, 2015, with portions becoming effective on January 1, 2019.) S.B. 1406 (Schwertner/Dutton) — Child Safety Alert List: requires a law enforcement officer who encounters a child or other person on the Child Safety Alert List to: (a) request information from the person or the child regarding the child's well-being and current residence; and (b) inform the Texas Crime Information Center that the child has been located. (Note: this bill has duplicate provisions to H.B. 2053, above.) (Effective September 1, 2015.) S.B. 1465 (Watson/Phillips) — Disaster Declaration: authorizes: (1) the governor to declare a limited -purpose disaster invoking only the authority to suspend deadlines and state regulations on an affected city, including budget or tax deadlines; and (2) the Division of Emergency Management to establish and operate a search and rescue task force in each field response region. (Effective immediately.) S.B. 1574 (Uresti/Martinez) — Infection Control: this bill, among other things: (1) requires each entity with first responders, including a city, to designate an infection control officer and an alternate infection control officer; (2) requires each infection control officer to: (a) receive notification of potential exposures to infectious diseases; (b) notify appropriate health care providers and first responders about potential exposures; (c) act as liaison between the potentially exposed first responders and the city; (d) investigate and evaluate exposure incidents; and (e) monitor follow-up treatment of affected first responders; (3) requires hospitals to inform designated infection control officers of possible infectious disease exposures; and (4) allows an emergency response employee or volunteer to request and receive information related to possible infectious disease exposures from individuals whose bodily fluids come into contact with the employee or volunteer. (Effective September 1, 2015.) S.B. 1593 (Lucio/Lucio) — Sale of Fireworks: provides that a home rule city may not define and prohibit as a nuisance the sale of fireworks or similar materials within the 5,000 foot nuisance zone outside the city limits. (Effective September 1, 2015.) S.B. 1766 (Creighton/Metcalf) — Regulation of Honey: prohibits a local health department or city from regulating honey production by a small honey production operation. (Effective September 1, 2015.) 43 S.B. 1853 (Lucio/Phillips) — Border Security: provides that: (1) the Texas Department of Public Safety may establish a program throughout this state for preventing and detecting: (a) the unlawful possession or the unlawful and imminent movement or transfer between this state and an adjacent state or the United Mexican States of firearms, controlled substances, or currency; and (b) the commission or imminent commission of the offenses of smuggling of persons and trafficking of persons occurring in this state or involving travel between this state and an adjacent state or the United Mexican States; (2) a peace officer participating in a program established under the bill must have reasonable suspicion or probable cause to believe that firearms, controlled substances, or currency are unlawfully possessed or being unlawfully and imminently moved or transferred between this state and an adjacent state or the United Mexican States or that a human trafficking offense has been committed or imminently will be committed before exercising the officer's authority under the program, including stopping a person or vehicle or coming into contact with a person; (3) in developing the program, the department shall establish: (a) clear guidelines and procedures to mitigate any unnecessary negative impact on the flow of trade, commerce, or daily business activities in locations where the program is implemented; and (b) protocols, standards, and guidelines to minimize any intrusion on a person in an encounter with a peace officer exercising the officer's authority under the program; (4) the department shall implement the program established under the bill in conjunction with federal and local law enforcement agencies; and (5) the department shall adopt rules as necessary to implement and administer a program established under the bill. (Effective immediately.) S.J.R. 22 (Creighton/Ashby) — Right to Hunt, Fish, and Harvest Wildlife: proposes an amendment to the Texas Constitution that will: (1) enshrine in that document that the people have the right to hunt, fish, and harvest wildlife, including by the use of traditional methods, subject to laws or regulations to conserve and manage wildlife and preserve the future of hunting and fishing; and (2) provide that: (a) hunting and fishing are preferred methods of managing and controlling wildlife; (b) the amendment does not affect any provision of law relating to trespass, property rights, or eminent domain; and (c) the amendment does not affect the power of the legislature to authorize a city to regulate the discharge of a weapon in a populated area in the interest of public safety. (Effective if approved at the election on November 3, 2015.) Transportation H.B. 20 (Simmons/Nichols) — Transportation Planning: provides, among other things, that: (1) the Texas Transportation Commission by rule shall develop and implement a performance- based planning and programming process dedicated to providing the executive and legislative branches of government with indicators that quantify and qualify progress toward attaining all Texas Department of Transportation goals and objectives established by the legislature and the commission; (2) the commission by rule shall develop and implement performance metrics and performance measures as part of: (a) the review of strategic planning in the statewide transportation plan, rural transportation plans, and unified transportation program; (b) the evaluation of decision-making on projects selected for funding in the unified transportation program and statewide transportation improvement program; and (c) the evaluation of project delivery for projects in the department's letting schedule; (3) each metropolitan planning organization (MPO) — or department district if there is no MPO — shall develop a 10 -year 44 transportation plan for the use of the funding allocated to the region; (4) the department shall assist the planning organizations and districts by providing in a timely manner, such information as is reasonably requested by the organizations; (5) the first four years of the plan developed under (3), above, shall be developed to meet the transportation improvement plan requirements of federal law; (6) for an area that is not within the boundaries of an MPO, the district shall develop the plan with input from city and county elected officials and transportation officials in the region; (7) each MPO or district shall develop its own project recommendation criteria, which must include consideration of: (a) projected improvements to congestion and safety; (b) projected effects on economic development opportunities for residents of the region; (c) available funding; (d) effects on the environment, including air quality; (e) socioeconomic effects, including disproportionately high and adverse health or environmental effects on minority or low-income neighborhoods; and (f) any other factors deemed appropriate by the planning organization; (8) the commission by rule shall: (a) prioritize and approve projects included in the statewide transportation plan in order to provide financial assistance, shall under this chapter; (b) establish a performance-based process for setting funding levels for the categories of projects in the department's unified transportation program; and (c) establish a scoring system for prioritizing projects for which financial assistance is sought from the commission by MPOs or districts; (9) the department's use of design -build is limited by the bill; (10) the speaker of the house of representatives shall appoint nine members to a House Select Committee on Transportation Planning and designate one member as chair; (11) the lieutenant governor shall appoint five members to a Senate Select Committee on Transportation Planning and designate one member as chair; and (12) the committees established under (10) and (11), above, meeting separately or jointly, shall review, study, and evaluate numerous criteria related to transportation planning (Effective immediately.) H.B. 1252 (Pickett/Nichols) — Motor Vehicle Weight Enforcement: provides that: (1) the Department of Public Safety (DPS) must establish by rule uniform weighing procedures for weight enforcement officers to ensure an accurate weight is obtained for a motor vehicle; (2) DPS is authorized to revoke or rescind the authority of a weight enforcement officer who fails to comply with the rules described in (1), above; and (3) it is an affirmative defense to prosecution for certain offenses related to operating an overweight vehicle if the weight enforcement officer fails to follow the rules described in (1), above, when determining the weight of the vehicle. (Effective September 1, 2015.) H.B. 2303 (Kuempel/Huffman) — Off -Highway Vehicles: adds the driving of off-highway vehicles to the recreational use statute, which limits a premises owner's liability for tort purposes. (Effective immediately.) S.J.R. 5 (Nichols/Pickett) — Transportation Funding: proposes an amendment to the Texas Constitution to provide that: (1) in each state fiscal year, the comptroller shall deposit to the credit of the state highway fund $2.5 billion of the net revenue derived from the imposition of the state's general sales and use tax that exceeds the first $28 billion of that revenue coming into the treasury in that state fiscal year (until 2032); (2) in each state fiscal year, the comptroller shall deposit to the credit of the state highway fund an amount equal to 35 percent of the net revenue derived from the motor vehicle sales tax that exceeds the first $5 billion of that revenue coming into the treasury in that state fiscal year (until 2029); (3) money deposited to the credit of the 45 state highway fund under the bill may be appropriated only to construct, maintain, or acquire rights-of-way for public roadways other than toll roads or to repay the principal of and interest on general obligation bonds; (4) the legislature by adoption of a resolution approved by a record vote of two-thirds of the members of each house may direct the comptroller to reduce the amount of money deposited to the credit of the state highway fund under the bill, except that the comptroller may be directed to make that reduction only: (a) in the state fiscal year in which the resolution is adopted, or in either of the following two state fiscal years; and (b) by an amount or percentage that does not result in a reduction of more than 50 percent of the amount that would otherwise be deposited to the fund; and (5) the legislature by adoption of a resolution approved by a record vote of a majority of the members of each house of the legislature may extend the 2032 and 2029 deadlines in (1) and (2), above, in 10 -year increments. (Effective if approved at the election on November 3, 2015.) Utilities and Environment H.B. 30 (Larson/Perry) — Desalination: provides that: (1) each regional water planning group shall indicate in their regional water plan opportunities for and the benefits of developing large- scale desalination facilities for brackish groundwater or seawater that serve local or regional brackish groundwater production zones; and (2) the Texas Water Development Board shall prepare a biennial progress report identifying and designating local or regional brackish groundwater production zones in area of the state with moderate to high availability and productivity of brackish groundwater that can be used to reduce the use of freshwater. (Effective immediately.) H.B. 40 (Darby/Fraser) — Oil and Gas Operations: makes various findings related to the benefits of oil and gas operations in the state and provides that: 1. An "oil and gas operation" means an activity associated with the exploration, development, production, processing, and transportation of oil and gas, including drilling, hydraulic fracture stimulation, completion, maintenance, reworking, recompletion, disposal, plugging and abandonment, secondary and tertiary recovery, and remediation activities. 2. An oil and gas operation is subject to the exclusive jurisdiction of this state. 3. Except as provided by (4), below, a city may not enact or enforce an ordinance or other measure, or an amendment or revision of an ordinance or other measure, that bans, limits, or otherwise regulates an oil and gas operation within the boundaries or extraterritorial jurisdiction of the city. 4. The authority of a city to regulate an oil and gas operation is expressly preempted, except that a city may enact, amend, or enforce an ordinance or other measure that: (a) regulates only aboveground activity related to an oil and gas operation that occurs at or above the surface of the ground, including a regulation governing fire and emergency response, traffic, lights, or noise, or imposing notice or reasonable setback requirements; (b) is commercially reasonable; (c) does not effectively prohibit an oil and gas operation conducted by a reasonably prudent operator; and (d) is not otherwise preempted by state or federal law. 46 5. "Commercially reasonable" for purposes of (4)(b), above, means a condition that would allow a reasonably prudent operator to fully, effectively, and economically exploit, develop, produce, process, and transport oil and gas, as determined based on the objective standard of a reasonably prudent operator and not on an individualized assessment of an actual operator's capacity to act. 6. An ordinance or other measure is considered prima facie to be commercially reasonable if the ordinance or other measure has been in effect for at least five years and has allowed the oil and gas operations at issue to continue during that period. (Effective immediately.) H.B. 200 (Keffer/Perry) — Groundwater Conservation Districts: provides that: (1) an affected person may file a petition with a groundwater conservation district requiring that the district contract with the State Office of Administrative Hearings to conduct a hearing appealing the reasonableness of an adopted desired future condition; and (2) the district must submit a copy of the petition to the Texas Water Development Board so that the board may review and conduct a study on the desired future condition adopted by the district. (Effective September 1, 2015.) H.B. 239 (Springer/Perry) — Storage of Flammable Liquids: provides that: (1) the capacity restriction of aboveground storage tanks of gasoline, diesel fuel, and kerosene at a retail service station located in an unincorporated area or in a city with a population of less than 5,000 is removed; and (2) a commissioners court of a county with a population of 3.3 million or more may limit the maximum volume. (Effective immediately.) H.B. 280 (Simmons/Perry) — Texas Water Development Board: requires the Texas Water Development Board to post specific, detailed information regarding the use of the state water implementation fund for Texas on its website. (Effective September 1, 2015.) H.B. 497 (Wu/Uresti) — Saltwater Pipeline Facilities: redefines a "saltwater pipeline facility" to mean a pipeline facility that conducts water that contains salt and other substances and is intended to be used in drilling or operating a well used in the exploration for or production of oil or gas, including an injection well used for enhanced recovery operations, or is produced during drilling or operating an oil, gas, or other type of well. (Note: Current law allows a saltwater pipeline operator to install, maintain, and operate a saltwater pipeline facility through, under, along, across, or over a public road if certain conditions are met.)(Effective immediately.) H.B. 655 (Larson/Perry) — Aquifer Storage and Recovery: provides that: (1) a water right holder may undertake an aquifer storage and recovery (ASR) project without completing a pilot project; (2) the Texas Commission on Environmental Quality (TCEQ) has exclusive jurisdiction over the regulation and permitting of ASR injection wells; (3) the TCEQ may authorize the use of Class V injection wells and adopt technical standards to govern the wells; (4) the project operator must install a meter on each ASR injection and recovery well associated with the ASR project; (5) the project operator shall provide the TCEQ with reports on volume of water injected and recovered; and (6) a project operator must register ASR injection and recovery wells with any groundwater district in which the wells are located. (Effective immediately.) 47 H.B. 801 (King/Eltife) — Prescribed Burns: provides that: (1) for a prescribed burn conducted by the Parks and Wildlife Department, the site-specific plan for the burn must include a map of the designated burn area, including the location of any municipally owned utility; and (2) the department shall provide adequate advance notice of the department's intent to conduct a prescribed burn to each neighboring landowner and appropriate local officials in the vicinity of the designate burn, including water utility officials with water facilities within two miles of the prescribed burn. (Effective immediately.) H.B. 949 (Lucio/Perry) — Water Loss: allows the Texas Water Development Board to waive the requirement that a retail public utility that receives a loan from the board use a portion of the financial assistance to mitigate the utility's system water loss, if the board finds that the utility is addressing the system's water loss. (Effective immediately.) H.B. 1146 (Kacal/Schwertner) — Public Water Supply System: provides that: (1) a licensed operator of a water supply system may be a volunteer; and (2) the owner or manager of the water system must maintain a record of each volunteer operator. (Effective September 1, 2015.) H.B. 1224 (Lucio/Perry) — Texas Water Development Board: allows the Texas Water Development Board to approve the use of assets as a source of revenue or security, or both, for the payment of the principal of and interest on state revolving fund bonds. (Effective immediately.) H.B. 1535 (Frullo/Fraser) — Non-ERCOT Electric Rates: modifies the way in which electric rates are determined through the Public Utility Commission rate -setting process for electric utilities that operate outside of the Energy Reliability Council of Texas grid. (Effective immediately.) H.B. 1662 (Sheets/Perry) — Municipal Drainage Service Charges: allows a city to exempt property used for cemetery purposes from drainage charges if the cemetery is closed to new interments and does not accept new burials. (Effective immediately.) H.B. 1665 (Bonnen, D./Kolkhorst) — Water Level Fluctuations: requires a seller of residential or commercial real property adjoining an impoundment of water, including a reservoir or lake, to provide the purchaser with written notice that the water levels fluctuate. (Effective September 1, 2015.) H.B. 1794 (Geren/Hancock) — Environmental Enforcement: provides that, in relation to an environmental enforcement action under the Texas Water Code: (1) the maximum amount of the civil penalty sought by a city or county is $4.3 million, and that: (a) the first $4.3 million of the amount recovered shall be divided equally between the state and the city or county; and (b) any amount recovered in excess of $4.3 million shall be awarded to the state; (2) in determining the amount of an administrative penalty sought by a city or county, the trier of fact (a judge or jury) shall consider factors that the Texas Commission on Environmental Quality must consider under current law; and (3) a suit for a civil penalty that is brought by a city or county must be brought not later than the fifth anniversary of the earlier of the date the person who committed the violation: (a) notifies the Texas Commission on Environmental Quality in writing of the 48 violation; or (b) receives a notice of enforcement from the commission with respect to the alleged violation. (Effective September 1, 2015.) H.B. 1902 (Howard/Zaffirni) — Graywater: allows the Texas Commission on Environmental Quality to adopt and implement minimum standards for additional domestic uses and reuses of graywater. (Effective immediately.) H.B. 1919 (Phillips/Estes) — Invasive Species: provides that a municipally owned utility is not required to obtain a permit from the Texas Parks and Wildlife Department for the following water transfers: (1) through a water supply system; (2) from a water body with no known exotic harmful or potentially harmful fish or shellfish to a water body with no known exotic harmful or potentially harmful fish or shellfish; (3) directly to a water treatment facility; (4) treated prior to the transfer into a water body; and (5) from a reservoir or through a dam to address flood control or to meet water supply requirements or environmental flow purposes. (Effective immediately.) H.B. 2031 (Lucio/Hinojosa) — Marine Seawater Desalination: provides that: (1) each regional water planning group shall indicate in their regional water plan opportunities for, and the benefits of, developing large-scale desalination facilities for marine seawater that serve local or regional entities; (2) a person must obtain a permit to divert and use state water that consists of marine seawater if: (a) the point of diversion is located less than three miles seaward of any points located on the coast, or (b) the seawater contains a total dissolved solids concentration based on a yearly average of samples taken monthly at the water sources of less than 20,000 milligrams per liter; (3) a person may use the bed and banks of any flowing natural stream to convey marine seawater that has been treated; (4) the Texas Commission on Environmental Quality (TCEQ) must provide by rule an expedited procedure for acting on an application for a permit to discharge treated marine seawater; and (5) until the TCEQ adopts rules regarding discharge waste, a person must consult the Parks and Wildlife Department and the General Land Office regarding the point at which the facility may discharge waste resulting from the desalination of marine seawater. (Effective immediately.) H.B. 2179 (Lucio/Perry) — Groundwater Conservation District Permitting: provides that: (1) a hearing on a permit or permit amendment issued by a groundwater conservation district must be a public hearing; (2) an administrative law judge who conducts a contested case hearing shall consider applicable district rules in conducting the hearing; and (3) a groundwater conservation district board may change a finding of fact or conclusion of law made by the administrative law judge only if the board determines: (a) that the administrative law judge did not properly apply or interpret applicable law, (b) that a prior administrative decisions on which the judge relied is incorrect, or (c) that a technical error in a finding of fact should be changed. (Effective immediately.) H.B. 2767 (Keffer/Perry) — Groundwater Conservation Districts: provides that: (1) directors of groundwater conservation districts are subject to chapter 176 of the Local Government Code (conflicts disclosure); (2) only the district, the permit applicant, and parties to a contested case hearing may participate in an appeal of a decision on the application that was the subject of that contested case hearing; (3) an affected person may file a petition requesting an inquiry of a 49 groundwater conservation district with the Texas Commission on Environmental Quality. (Effective immediately.) VETOED H.B. 2788 (Springer/Perry) — Conservation Measures: allows a retail public utility, which includes a municipally owned utility, to require the operator of a correctional facility that receives water or sewer service from the utility to comply with water conservation measures adopted by the utility. (Effective immediately.) H.B. 3187 (Keffer/Lucio) — Property Assessed Clean Energy Act: provides that: (1) establishing a Property Assessed Clean Energy (PACE) program to decrease water or energy consumption or demand is a governmental function; (2) a city may designate an authorized representative to enter into contracts to implement a water or energy consumption improvements assessment program; and (3) members of a city council and employees of the city who enter into a contract with a local government to provide administrative services for a program are not personally liable as a result of exercising any right or responsibilities related to the PACE program. (Effective immediately.) H.B. 4097 (Hunter/Kolkhorst) — Seawater Desalination: provides that: (1) the Texas Commission on Environmental Quality (TCEQ) must study whether existing transmission and distribution planning processes are sufficient to provide adequate infrastructure for seawater desalination projects and make recommendations for statutory changes to ensure adequate infrastructure is developed; (2) the TCEQ and the Electric Reliability Council of Texas (ERCOT) shall study the potential for seawater desalination projects to participate in existing demand response opportunities in the ERCOT market; (3) the TCEQ may issue a permit to authorize diversion of water from the Gulf of Mexico for desalination and use for industrial purposes; (4) a person may not begin construction of a facility for the diversion of marine seawater without obtaining a permit until the person has provided data to the TCEQ based on analysis of samples from the water source over a period of at least a year; and (5) the TCEQ may issue a permit for the discharge of water treatment residuals from the desalination of seawater into the Gulf of Mexico. (Effective immediately.) H.B. 4112 (Burns/Perry) — Groundwater: provides that: (1) a landowner has any groundwater ownership right recognized under common law; and (2) groundwater ownership and rights do not entitle a landowner to the right to capture a specific amount of groundwater below the surface of the landowner' s land. (Effective immediately.) S.B. 394 (Perry/P. King) — Supplemental Environmental Projects: provides that the Texas Commission on Environmental Quality shall approve a supplemental environmental project if a local government: (1) has not previously committed a violation at the same site with the same underlying cause in the preceding five years; and (2) did not agree, before the date that the commission initiated enforcement action, to perform the project. (Effective immediately.) S.B. 551 (Seliger/Keffer) — Water Conservation Advisory Council: requires the Water Conservation Advisory Council to make recommendations for legislation to advance water conservation in Texas in its annual report to the legislature. (Effective September 1, 2015.) 50 S.B. 709 (Fraser/Morrison) — Contested Case Hearings: provides that: (1) an applicant's filing with the administrative law judge of a draft permit, the executive director of the Texas Commission on Environmental Quality's (TCEQ) preliminary decision, and any other supporting documentation in the administrative record establishes a prima facie presumption that the permit application meets all state and federal legal and technical requirements and the permit would be protective of the public's health and physical property and the environment; (2) the burden shifts to the protesting party to the contested case hearing to rebut the established presumption by presenting evidence that the draft permit violates specific state or federal legal or technical requirements; (3) the TCEQ may not find that a group or association is an affected person unless the group or association identifies a member of the group or association who would be an affected person in the person's own right; and (4) the TCEQ must provide notice to the state senator and state representative of the area in which a permit for a facility is to be issued. (Effective September 1, 2015.) S.B. 774 (Fraser/Thompson) — Electric Utility Rates: requires the Public Utility Commission to: (1) conduct a study and make a report to the legislature not later than January 15, 2019, analyzing alternative ratemaking mechanisms adopted by other states; (2) make recommendations regarding appropriate reforms to the ratemaking process in this state; and (3) include in the report an analysis that demonstrates how the commission's recommended reforms would improve the efficiency and effectiveness of the oversight of electric utilities and ensure that electric rates are just and reasonable. (Effective September 1, 2015.) S.B. 776 (Fraser/Kacal) — MOU Electric Transmission: this bill generally relate to the Texas Municipal Power Agency. However, one provision applies generally to all municipally owned electric utilities. It provides that, with certain exceptions, a municipally owned electric utility may not directly or indirectly construct, install, or extend a transmission facility outside of the boundaries of the city that owns the utility, unless the utility obtains a certificate of convenience and necessity from the Public Utility Commission. (Effective September 1, 2015.) S.B. 912 (Eltife/Crownover) — Wastewater Facilities: exempts an individual from notifying the Texas Commission on Environmental Quality of an accidental discharge or spill of treated or untreated domestic wastewater that: (1) occurs at a wastewater treatment or collection facility owned or operated by a local government; (2) has a volume of 1,000 gallons or less; (3) is not associated with another simultaneous accidental discharge or spill; (4) is controlled or removed before the accidental discharge or spill enters water in the state or adversely affects a source of drinking water; (5) will not endanger human health or safety or the environment; and (6) is not otherwise subject to local regulatory control and reporting requirements; and requires an individual to submit to TCEQ at least once a month a summary of accidental discharges that occurred during the previous month (Effective September 1, 2015.) S.B. 933 (Fraser/Cook) — Electric Transmission Facilities: provides: (1) that a person, including an investor owned electric utility or a municipally owned utility, may not interconnect a facility to the Energy Reliability Council of Texas (ERCOT) transmission grid that enables additional power to be imported into or exported out of the ERCOT power grid unless the person obtains a certificate from the Public Utility Commission stating that public convenience and 51 necessity requires or will require the interconnection; and (2) for procedures and deadlines to implement the bill's requirements. (Effective September 1, 2015.) S.B. 991 (Rodriguez/Larson) — Desalination: requires the General Land Office to conduct a study regarding the use of wind or solar power to desalinate brackish groundwater on real property owned by the state. (Effective immediately.) S.B. 1148 (Watson/Geren) — Municipally Owned Utilities: provides: (1) that a municipally owned water and sewer utility must disclose the number of ratepayers who reside outside the city limits to any person that requests the information; (2) that a municipally owned utility must provide a list of the names and addresses of the ratepayers who reside outside the city limits to any person that requests the information, unless the ratepayer has requested that this information remain confidential; (3) that the State Office of Administrative Hearings, instead of the Public Utility Commission, may give notice of a hearing to a city; and (4) procedures for obtaining an emergency order. (Effective September 1, 2015.) The Cutting Room Floor "How small, of all that human hearts endure, That part which laws or kings can cause or cure." - Samuel Johnson Hundreds of harmful initiatives that would have done serious damage to Texas cities were defeated through the efforts of the League and individual cities. Among them were bills that would have: 1. Eliminated the concept of "home rule" cities. 2. Preempted any city regulation not expressly authorized by state law. 3. Preempted city ordinances related to bans on plastic bags and payday/auto title lenders. 4. Reduced the current cap on annual increases in residential appraisals from 10 percent to some lesser amount, applied the cap to all real property; or capped city revenues. 5. Limited the ability of cities to issue debt. 6. Eliminated municipal annexation authority. 7. Eliminated or restricted the ability of cities to enforce tree preservation ordinances. 8. Eliminated the ability of city officials to lobby or to join an association that lobbies on their behalf. 9. Required a city to pay money damages for a violation of the permit vesting law. 10. Required expensive cost -benefit analysis and reporting prior to the adoption or amendment of building codes. Perhaps the biggest news of the session was the all out assault on "local control" in the name of "liberty." The League created the "Big Government Index" mid -session to illustrate the scope of that assault. Ben Sargent, a well-known editorial cartoonist, illustrated the issue this way: 52 MK/ORME-FE YOU EXPECTING ME LECsISIA UP ESS ANII•CMNICTIT-4VLIMAGEi POLICE? Reprinted with permission. The good news is that the vast majority of bills in the index didn't pass, and many never even received a hearing. In fact, only five bills on the index became law: 1. H.B. 40 preempts some city regulations relating to oil and gas development (but preserves a good deal of city authority); 2. S.B. 267 prohibits a city ordinance from forcing a landlord to accept federal housing vouchers; 3. H.B. 905 prohibits a city from regulating knives; 4. S.B. 1766 prohibits a local government from regulating a small honey bee operation; and 5. H.B. 2049 prohibits a city from imposing a duty to defend in a construction contract with an architect or engineer. Some initiatives, other than those summarized in this update, would have been beneficial to cities. Despite the efforts of the League and individual cities, many didn't make it through the process. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League. 53 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 23, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 674 Flato Road CAPTION: Case No. 0615-02 Orion Drilling Company, LLC.: A change of zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial, resulting in a change to the Future Land Use Plan from light industrial to heavy industrial uses. The property to be rezoned is described as being a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive. PURPOSE: The purpose of this item is rezone to allow the construction of a steel fabrication and assembly facility. RECOMMENDATION: Planning Commission and Staff Recommendation: Denial of the change in zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit for the fabrication and assembly of steel components subject to the following conditions: 1. Use Regulation: The only use permitted under this Special permit, other than those allowed by right in the "IL" Light Industrial district, is the fabrication and assembly of steel components, including all other operations described herein including the assembly of oil rig components and the storage of equipment and vehicles necessary to conduct operations. 2. Access: Vehicular access shall be limited to Flato Road. 3. Noise: The Owner shall comply with the City's Noise Ordinance. 4. Site Plan: The site plan may be altered to permit a different orientation of the building, however, in no case shall the fabrication building be located closer than 100 feet from the most southerly property line of the site or exceed 50,000 square feet. 5. UDC Requirements: The Owner shall comply with all other specific development standards, such as but not limited to, landscaping, screening, and off-street parking and loading, as required by the Unified Development Code. 6. Time Limit: The Special Permit shall expire in four years if a building permit to construct the fabrication facility has not been obtained within that time period. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District. The applicant is proposing to construct a steel fabrication and assembly facility; specifically a facility that fabricates oil rig components and assembles oil rigs. The subject property currently houses their administrative, engineering, assembly, and integration of drilling rig construction operations. Fabrication of the oil rig steel components (substructure and mast elements) is currently conducted at another site in the City. The Unified Development Code sets forth review criteria for special use permits. Review criteria applicable to this application are as follows: 1. The use is consistent with the Comprehensive Plan. 2. The use complements and is compatible with the surrounding uses and 3. Community facilities. 4. The impact of the use on public infrastructure can be minimized without negatively impacting existing uses in the area and in the City. 5. The use contributes to, enhances or promotes the welfare of adjacent properties and the surrounding area. 6. The use does not substantially adversely affect adjacent and neighboring uses permitted. 7. The use does conform in all other respects to regulations and standards in this Unified Development Code. 8. The development provides ample off-street parking and loading facilities. ALTERNATIVES: 1. Approve the request for a change to the "IH" Heavy Industrial District. 2. Deny the request for a change to the "IH" Heavy Industrial District and approve, in lieu thereof, a change to the "IL/SP" Light Industrial District with a Special Permit for a steel fabrication and assembly facility. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is not consistent with the adopted Future Land Use Plan or the Westside Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2014- 2015 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: • Presentation - Aerial Map • Ordinance — "IH" Heavy Industrial District • Ordinance — "IL/SP" Light Industrial District with Special Permit • Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Orion Drilling Company, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.63 acre tract of land described as being comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20 ("Property"), from the "IL" Light Industrial District to the "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Orion Drilling Company, LLC ("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, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "IH" Heavy Industrial District, and on Tuesday, July 14, 2015, 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 Orion Drilling Company, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.63 acre tract of land described as being comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive (the property), from the "IL" Light Industrial District to the "IH" Heavy Industrial District (Zoning Map No. 050042), as shown in Exhibit "A" and Exhibit "B". Exhibit "A", which is a metes and bounds description of the Property, and Exhibit "B", which is a map to accompany the metes and bounds description, 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 specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 3 of 3 Exhibit A 13.63 Acre, Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 41834.B5.00 March 9th, 2015 Fieldnotes, for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 193, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 47, Page 250, Map Records of Nueces County, Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20; said 13.63 Acres being more fully described by metes and bounds as follows: Beginning, on the East Right -of -Way of Flato Road, a public roadway, the Southwest corner of Lot 18, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the said Map Records, for the Northwest comer of the said Lot 19A and this tract; Thence, North 90°00'00" East, with the South line of the said Lot 18, the North line of the said Lots I9A and Lot 193, 1298.36 feet, to the West line of a 1.383 Acre Tract of Land, described in deed from Brent L. Riley, to the City of Corpus Christi, Texas, as recorded in Volume 2209, Pages 187-189, Official Public Records of Nueces County, Texas, the Southeast comer of the said Lot 18, for the Northeast corner of the said Lot 19B and this tract; Thence, South 00°00'00" East, with the West line of the said 1.383 Acre Tract of Land, the East line of the said Lots 19B, at 167.75 feet, pass the Northeast corner of the said Lot 20, the Southeast comer of the said Lot 193, continue with the said West line, at 335.50 feet, pass the Northeast corner of the said Lot 21, the Southeast corner of the said Lot 20, at 405.55 feet, pass the Northwest corner a 0.216 Acre Tract of Land, described in deed from Alexander E. Cox and Elbert S. Cox, to the City of Corpus Christi, Texas, as recorded in Volume 2230, Pages 290-292, said Official Public Records, the Southwest corner of the said I.383 Acre tract, continue with the West line of the said 0.216 Acre tract, in all 550.26 feet, to the North Right -of -Way of Camron Street, a public roadway, the Southwest corner of the said 0.216 Acre Tract, for the Southeast corner of the said Lot 21 and this tract; Thence, North 90°00'00" West, with the said North Right -of -Way, the South Iine of the said Lot 21, 1298.36 feet, to the East Right -of -Way of the said Flato Road, for the Southwest comer of the said Lot 21 and of this tract; Thence, North 00°00'00' West, with the said East Right -of -Way, the West line of the said Lot 21, 214.76 feet, to the Southwest comer of the said Lot 20, the Northwest corner of the said Lot 21, for an outer ell corner of this tract; Thence, North 90°00'00" East, with the South line of the said Lot 20, the North line of the said Lot 21, 721.00 feet, to an inner ell corner of this tract; Thence, North 00°00'00" West, 167,75 feet, to the South line of the said Lot 19B, the North line of the said Lot 20, for an inner ell corner of this tract; Thence, North 90°00'00" West, with the South line of the said Lot 19B, the North Line of the said Lot 20, 721.00 feet, to the East Right -of -Way of the said Flato Road, the Northwest comer of the said Lot 20, the Southwest comer of the said Lot 19B, for an outer ell corner of this tract; S:tiSuryeying1418341B5001OFF10EIMETESAND BOUNDS1041834B500 FN I3.63Acrss_20t50309.doc Page 1 oft (361)854-3101 2725 SWAMNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 Exhibit "A" FAX (361)854-6001 Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lots 19B, at 35.00 feet pass, the Southwest comer of the said Lot 19A, a Northwest comer of the said Lot 19B, in all 167.75 feet, to the Point of Beginning, containing 13.63 acres (593,488 Square Feet) of land, more or less. Bearings are based on the recorded plat of Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the Map Records of Nueces County, Texas. This description was prepared from Record Documents and does not represent a current on the ground survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. S:1Surveying1418341135001OFFICE\METES AND BOUNDS5041834B500_FN_13.63Acres 20150309.doc Page 2 of 2 Exhibit "A" URBAN ENGINEERING ,€,{,4 Keith W, Wooley, License N 54'3 LOCATION MAP N.T.S. FATS SITE I;n Point of Beginning 10'U.E. Lot 19A, Blodk 6 Robles Industrial Area k1ENDQZ.A Lot 18, Block 6 Roblex Industr'at Area Vo. 45. Pg. 53, Map Records of Nueces County, Texas N90'00'00"E 1298.36' HORNE COUNTY OF NUECES CITY OF CORPUS CHRISTI 1.383 Acres Vol. 2209, Pg. 187-189 (Owner: City of Corpus Christi, Texas) --390'B.L. Lot 196, Block 6 Robles Industrial Area Vol. 47, Pg. 250, Map Records of Nuecso County, Texas N90'00'00'W 721.00' N90'00'00"E 721.00' I CO$I 10' Gas Pipeline Easement n City of Corpus Christi, Q.� Nueces County Clerk File No. 192469 1471 II y108. Lot 20 Lot 21 10.u,E. 3 13.63 Acres (593,488 Sq. Ft.) O^ cP 0m ed2 4? Z—�ase Q',1) ail :" 577.36' II 71 rt - ui h n " er 01 x w 300 200 100 0 N90'00'001'W 1298.36' Camron Street (50' Row) 200 400 GRAPHIC SCALE 1' =200 0.216 Acres Vol. 2230, Pg. 290-292 (Owner. City of Corpus Christi, Texas) Exhibit B Sketch to Accompany FIELDNOTES for a 13.63 Acre Tract of Land. comprised of all of Lots 19A & 19B, Block 6. Robiex Industrial Area, a map of which is recorded in Volume 47. Page 250, Map Records of Nuecee County. Texas and all of Lots 20 & 21, Block B, Robles Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. DATE MAR. 6, 2015 SCALE 111200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylaurbaneng.com .. _... __ S-l6„nrayinnid9GEad5arJYRF�" 117R; 0201�5 by UrbanErgineerin ' ENGINEERING rc , l wo I.0. 1sus nwr !16 iec Oa Exhibit "B" 11 Ordinance amending the Unified Development Code ("UDC"), upon application by Orion Drilling Company, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Orion Drilling Company, LLC ("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, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change in zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit with conditions, and on Tuesday, July 14, 2015, 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 by Orion Drilling Company, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit (Zoning Map No. 050042), as shown in Exhibits "A," "B," and "C." Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner meeting the requirements of Exhibit C and the following conditions: 1. Use Regulation: The only use permitted under this Special permit, other than those allowed by right in the "IL" Light Industrial district, is the fabrication and assembly of steel components, including all other operations described herein including the assembly of oil rig components and the storage of equipment and vehicles necessary to conduct operations. 2. Access: Vehicular access shall be limited to Flato Road. 3. Noise: The Owner shall comply with the City's Noise Ordinance. 4. Site Plan: The site plan may be altered to permit a different orientation of the building, however, in no case shall the fabrication building be located closer than 100 feet from the most southerly property line of the site or exceed 50,000 square feet. 5. UDC Requirements: The Owner shall comply with all other specific development standards, such as but not limited to landscaping, screening, and off-street parking and loading, as required by the Unified Development Code. 6. Time Limit: The Special Permit shall expire in four years if a building permit to construct the fabrication facility has not been obtained within that time period. 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 specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. 0615-02 SP Ordinance - Orion Drilling Company, LLC Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0615-02 SP Ordinance - Orion Drilling Company, LLC Page 3 of 3 Exhibit A 13.63 Acre, Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 41834.B5.00 March 9th, 2015 Fieldnotes, for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 19B, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 47, Page 250, Map Records ofNueces County, Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20; said 13.63 Acres being more fully described by metes and bounds as follows: Beginning, on the East Right -of -Way of Flato Road, a public roadway, the Southwest corner of Lot 18, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the said Map Records, for the Northwest corner of the said Lot 19A and this tract; Thence, North 90°00'00" East, with the South line of the said Lot 18, the North line of the said Lots I9A and Lot 19B, 1298.36 feet, to the West line of a 1.383 Acre Tract of Land, described in deed from Brent L. Riley, to the City of Corpus Christi, Texas, as recorded in Volume 2209, Pages 187-189, Official Public Records of Nueces County, Texas, the Southeast comer of the said Lot 18, for the Northeast corner of the said Lot 19B and this tract; Thence, South 00°00'00" East, with the West line of the said 1.383 Acre Tract of Land, the East line of the said Lots 19B, at 167.75 feet, pass the Northeast corner of the said Lot 20, the Southeast comer of the said Lot 19B, continue with the said West line, at 335.50 feet, pass the Northeast corner of the said Lot 21, the Southeast corner of the said Lot 20, at 405.55 feet, pass the Northwest comer a 0.216 Acre Tract of Land, described in deed from Alexander E. Cox and Elbert S. Cox, to the City of Corpus Christi, Texas, as recorded in Volume 2230, Pages 290-292, said Official Public Records, the Southwest corner of the said 1.383 Acre tract, continue with the West line of the said 0.216 Acre tract, in all 550.26 feet, to the North Right -of -Way of Camron Street, a public roadway, the Southwest corner of the said 0.216 Acre Tract, for the Southeast corner of the said Lot 21 and this tract; Thence, North 90°00'00" West, with the said North Right -of -Way, the South line of the said Lot 21, 1298.36 feet, to the East Right -of -Way of the said Flato Road, for the Southwest corner of the said Lot 21 and of this tract; Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lot 21, 214.76 feet, to the Southwest comer of the said Lot 20, the Northwest comer of the said Lot 21, for an outer ell corner of this tract; Thence, North 90°00'00" East, with the South line of the said Lot 20, the North line of the said Lot 21, 721.00 feet, to an inner ell corner of this tract; Thence, North 00°00'00" West, 167.75 feet, to the South line of the said Lot 19B, the North line of the said Lot 20, for an inner ell corner of this tract; Thence, North 90°00'00" West, with the South line of the said Lot 19B, the North Line of the said Lot 20, 721.00 feet, to the East Right -of -Way of the said Flato Road, the Northwest comer of the said Lot 20, the Southwest comer of the said Lot 19B, for an outer ell corner of this tract; S:Surw eying1418341135001OFFICEIMETES AND BOUNDS1041834B500 FN_13.63Acres_20150309.doc Page 1 oft (361)854-3101 2725 SWAMNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 1BPLS Firm #10032400 Exhibit "A" FAX (361)854-6001 Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lots 19B, at 35.00 feet pass, the Southwest corner of the said Lot 19A, a Northwest comer of the said Lot 19B, in all 167.75 feet, to the Point of Beginning, containing 13.63 acres (593,488 Square Feet) of land, more or less. Bearings are based on the recorded plat of Rablex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the Map Records of Nueces County, Texas. This description was prepared from Record Documents and does not represent a current on the ground survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. SaSurveying\418341B5001OFFICE\METES AND BOUNDS1041834B500_FN_13.63Acres_20150309.doc Page 2 of 2 Exhibit "A" URBAN ENGINEERING �.44'6l e Keith W, Wooley, License N•. 5 4 , 3 1: S SITE O EDN PARK cog9 0� I Lr . 1 Point of Beginning Lot 18, Block 6 Roblex Industr"al Area VD. 45, Pg. 53, Map Records of Nueces County, Texas N90'00'00"E 1298.36' NORNE LOCATION MAP N.T.S. EAT COUNTY OF NUECES CITY OF CORPUS CHRISTI 1.383 Acres Vol. 2209, Pg. 187-189--- (Owner: 87-189-~(Owner: City of Corpus Christi, Texas) IOU.E. N Lot 19A, Block 6 kn. Roblex Industrial Area $'- Zr T -390'B1. Lot 19B, Block 6 Roblex Industrial Area Vol. 47, Pg. 250, Map Records of Nueces County, Texas 10'U,E, 13.63 Acres N90•00'00'W 721.00' rgu� (593,488 Sq. Ft.) Sig YcO vsvsif N90'00'001%721.00' z5. ,p,'��• • C 577.36' 4Z--Aa'.0C Qlir - Lot 20 c I 10' Gas Pipeline Easement City of Corpus Christi, Nueces County Clerk I File No. 192469 Lot 21 11 11 if7 0 w g 0 0 U 0 0 J N 0 X 11) 1- o� r"'7 U e7 N • 0n CL w rei Z 0 0 > N 0 0 m 300 200 100 0 N90'00'00"W 1298.36 Camron Street (50' ROW) 200 40 GRAM -11C SCALE 1 =200 0.216 Acres Vol. 2230, Pg. 290 -292 -- (Owner. City of Corpus Christi, Texas) Exhibit Sketch to Accompany FIELDNOTES for a 13.53 Acre Tract of Land, comprised of all of Lots 19A & 19B. Block 5, Roblex Industrial Area, a map of which le recorded in Volume 47, Page 250. Map Records of Nueces County. Texas and all of Lots 20 & 21. Black 6, Roblex industrial Area, a map of which is recorded in Volume 45, Page 53, said Mop Records, Save and Except the West 721.00 feet of the said Lot 20. URBAN ENGINEERING 1101! r651 w. 1.6. 16r i me1a No. a71a° 1779 simm OR. salla OAST. 771 76164 /WOG 361.164.9161 716K11IeMellO,k01 Exhibit "B" DATE: MAR. 8, 2015 SCALE: 1'=200' JOB NO.: 4183435.00 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylcurbaneng.com 02015 b Urban En•Ineerin 1.1 ceRPGP Corpus C Goff Cen E PARK LOCAIION MAP N.T.S. COUNTY OF NUECES QTY OF CORPUS CHRIS11 II 11P Carnron Street (5o' 300 200 100 200 400 Site Plan for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 198, Block 6, Roblex Industrial Area, a map of which Is recorded In Volume 47, Page 250, Map Records of Nueces County, Texas and all of Lots 20 de 21. Block 6, Roblex Industrial Area, a map of which is recorded In Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the sold Lot 20. URBAN ENGINEERING Tire Pm Na 145, 1 i INN NO. 10032400 2270 SaIIAt1NER ON. CONAN WOOL TX 7$404 Roc 3611143101 .MLtROAIEJIami s DATE: May 6. 2015 SCALE 1 _200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl aurbaneng.com 02015 by Urban Engineering Exhibit "C" nnnlel A14112 VVL,xnn an HIM, S A 1 41S-110 ORA MA11: T.. Orli reel PLANNING COMMISSION FINAL REPORT Case No. 0615-02 HTE No. 15-10000035 Planning Commission Hearing Date: June 3, 2015 Applicant & Legal Description Applicant/Owner: Orion Drilling Company, LLC Representative: Urban Engineering Legal Description/Location: Being a 13.63 acre tract of land comprised of all of Lots 19A and 19B, Block 6, Roblex Industrial Area, and all of Lots 20 and 21, Block 6, Roblex Industrial Area, save and except the west 721.00 feet of the said Lot 20, located on the northeast corner of Flato Road and Bates Drive. Zoning Request From: "IL" Light Industrial District To: "IH" Heavy Industrial District Area: 13.63 acres Purpose of Request: To allow development of a steel fabrication and assembly facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "IL" Light Industrial Light Industrial Light Industrial North "IL" Light Industrial Light Industrial and Vacant Light Industrial South "RS -6" Single -Family 6 Public, Semi -Public Research/Business Park East "RS -6" Single -Family 6 Drainage Corridor and Vacant Drainage Corridor and Light Industrial West "IL" Light Industrial Drainage Corridor and Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is not consistent with the adopted Future Land Use Plan or the Westside Area Development Plan. Map No.: 050042 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the northeast corner of Bates Drive and Flato Road. The subject property has approximately 385 feet of street frontage along Flato Road and 1,300 feet of frontage along the proposed expansion of Bates Drive. Both roads are "C1" Minor Residential Collector streets. The Maximum Desirable Average Daily Trips (ADT) for a "C1" Minor Residential Collector street is 1,000 to 3,000. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Flato Road "C1" Minor Residential40' Collector 60' ROW paved 51' ROW 23' paved N/A Bates Dr. "01" Minor Residential40' Collector 60' ROW paved 51' ROW 23' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District to allow for the future development of a fabrication facility on their existing business location. Development Plan: The proposed rezoning is within the Roblex Industrial Area Subdivision. The applicant is proposing to construct a steel fabrication and assembly facility; specifically a facility that fabricates oil rig components and assembles oil rigs. The subject property currently houses their administrative, engineering, assembly, and integration of drilling rig construction operations. Fabrication of the oil rig steel components (substructure and mast elements) is currently conducted at another site in the City. The applicant indicates that they plan to construct a facility of approximately 26,000 square feet with building height of 24 feet. Facility hours of operation are proposed to be within 6:30 a.m. and 6:30 p.m. Timing of the proposed construction is unknown at this time. In addition to construction of the new fabrication building, an additional 40 parking spaces are proposed to be added to the site. The proposed rezoning of the property will permit fabrication and assembly of the components to occur at the same site. Orion Drilling produces one to three oil rigs per year. Fabrication of the oil rig components occurs indoors while assembly of the components into an oil rig occurs outdoors. The oil rigs are assembled on-site, then disassembled and shipped to their locations. The applicant provided the following information about the oil rigs fabricated and assembled. • Mast - Three basic components make up the Mast: o The lower section of the mast is 55 feet long by about 10 feet wide at a weight of 30,500 pounds. o The middle section of the mast is about 50 feet long by 10 feet wide at a weight of 18,641 pounds. o The upper section of the mast is about 41 feet long by 10 feet wide at a weight of 11,447 pounds. o The Mast is not assembled in the Fabrication Shop • Substructure - Five basic components make up the Substructure: o The Drillers Side Bottom Weldment is about 45 long and 8 feet wide and 4 feet tall at a weight of 23,021 pounds Planning Commission Final Report Page 3 o The Off Drillers Side Bottom Weldment is about 45 feet long by 8 feet wide and 4 feet tall at a weight of 23,021 pounds. o The Drillers Upper Box and the Off Drillers Upper Box are about 28 feet long by 7 feet wide and 3 feet tall at a weight of 18,535 pounds. o The Center Section is about 36 feet long by 12 feet wide and 4.5 feet tall at a weight of 25,672 pounds. o The Sub -Structure is not assembled at the Fabrication Shop. Existing Land Uses & Zoning: North of the subject property in the "IL" Light Industrial District is vacant land and a company which specializes in industrial painting and coating. To the south of the subject property in the "RS -6" Single -Family 6 District is West Oso High School. East and west of the subject property are drainage corridors and vacant property in the "RS -6" Single -Family 6 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 Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "IH" Heavy Industrial District is not consistent with the Westside ADP or the adopted Future Land Use Plan's designation of the property as "IL" Light Industrial. Plat Status: The subject property is platted and comprises 13.63 acres. The property was platted as follows: Lots 20 & 21 were platted in September of 1979; Volume 45 Page. 53 and Lots 19A & 19B were platted in December of 1982; Volume 47 Page 250. Department Comments: In reviewing this application to rezone, Staff thoroughly reviewed the "IL" Light Industrial and "IH" Heavy Industrial Districts. According to the Unified Development Code (UDC) the "IL" Light Industrial District allows fabrication uses, however, in Categories, Section 5.1.5.A., it seemingly implies that fabrication as a use is limited to uses small in scale such as clocks, medical, dental and drafting instruments, and games and toys as examples. The UDC lacks a definition for "fabrication" therefore, it is up to staff to interpret and make a determination with respect to classification. Analysis included a review of the former Zoning Ordinance, which classified steel fabrication as a heavy industrial use. Other considerations are as follows: • The proposed rezoning is not consistent with the Future Land Use Plan's designation of the property as light industrial. • The light industrial designation of the subject lots and other adjacent properties serves to provide a transition from heavy industrial uses and other uses to the benefit of the other uses. • West Oso School and residential development exist in the vicinity of the subject property. Altering the character of the area by changing the designation to "IH" Heavy Industrial may have an adverse impact on the school and nearby residential uses. Planning Commission Final Report Page 4 • Although, the fabrication use as proposed by the applicant may be easily integrated into the subject site without creating adverse impacts on adjacent properties, it is likely that a change in designation to the "IH" Heavy Industrial District may promote other requests for rezoning to the "IH" District. • A change to the "IH" Heavy Industrial District for this property could set precedence for other requests for rezoning to the "IH" District, which could consequently alter the character of the immediate vicinity. • A change to "IH" Heavy Industrial District would permit other uses, including but not limited to Sexually Oriented Businesses or other heavy industrial uses that produce excessive noise, dust, and lighting not appropriately located adjacent to a school or residential areas. • It is Staff's opinion that a Special Permit will accommodate the applicant's request to merge the fabrication use with other operations on the site without altering the Future Land use Plan and the overall character of the area. • Staff has developed recommended conditions for a Special Permit should the Planning Commission desire to recommend approval of a Special Permit in lieu of granting the rezoning to the "IH" Heavy Industrial District or denying the applicant's request Planning Commission and Staff Recommendation: Denial of the change in zoning from the "IL" Light Industrial District to the "IH" Heavy Industrial District and, in lieu thereof, approval of the "IL/SP" Light Industrial District with a Special Permit for the fabrication and assembly of steel components subject to the following conditions: 1. Use Regulation: The only use permitted under this Special permit, other than those allowed by right in the "IL" Light Industrial district, is the fabrication and assembly of steel components, including all other operations described herein including the assembly of oil rig components and the storage of equipment and vehicles necessary to conduct operations. 2. Access: Vehicular access shall be limited to Flato Road. 3. Noise: The Owner shall comply with the City's Noise Ordinance. 4. Site Plan: The site plan may be altered to permit a different orientation of the building, however, in no case shall the fabrication building be located closer than 100 feet from the most southerly property line of the site or exceed 50,000 square feet. 5. UDC Requirements: The Owner shall comply with all other specific development standards, such as but not limited to, landscaping, screening, and off-street parking and loading, as required by the Unified Development Code. 6. Time Limit: The Special Permit shall expire in four years if a building permit to construct the fabrication facility has not been obtained within that time period. Planning Commission Final Report Page 5 Public Notification Number of Notices Mailed — 10 within 200 -foot notification area 9 outside notification area As of June 22. 2015: In Favor — 4 inside notification area 0 outside notification area In Opposition — 0 inside notification area 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Zoning Application Date-reatedR/1 2515 pared BBy(jd finkm, f�Developmeiat Ser$ic2Ls— \-1 \'7' IL 3 a IL SP -108-03 IL SP/0(9-05 ,421 5 RM -3 11 2 ti RS -6 H PROPERTY 6 10 0 400 800 Feet RS -6 RM -1 Department CASE: 0615-02 Zoning & Notice Area 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 LEO ARL 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 �rAGNES� SUBJECT PROPERTY CCIA 4 W 0 Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition LOCATION MAP ilk City of Corpus Christi HATES Corpus C Golf Cen HORNE LOCAMIOM MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRtS11 4110 oCountryr, 1 I - sty ee ti y Pie !No. 1924a2 r. Carnron Street (5o' 300 200 100 200 400 Site Plan for a 13.6.3 Acre Tract of Land, comprised of all of Loth 19A & 19B, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 47, Page 250, Map Records of Nueces County. Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. 4' URBAN ENGINEERING 1st MOf w 104 TORS 1001 NO. 1=2400 7753 SeAn11O! ON, COM; 150010. Ot 70004 14KNE: 201.060.5101 WitU IAl00Ym1 DATE May 8, 2015 SCALE: 1 =200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: XG u rb an s u rveyl Ou rb a n o n g. c o m 02015 by Urban Engineering nnnld,tll4:o VYTpIM an than c 6 1 Ac -no OLA 15-10000035 K WEVELOPMENTSVCSISHAREDLLAND DEVELOPMENRORDINANCE ADMINISTRATIONIAPPL1CATION FORMS'FORMS AS PER us.AL 21ZONING APPUCATION 2012 DOC 15 -10000035 ar APPLICATION FOR A CHANGE OF ZONING • . 0615-02 050042 Case Na.: Map No.: C1r. OF CORPUS CHRa9 I DEVELOPMENT SERVICES 40. N *Planning Commission Hearing Dale: 6/3/15 P 0 Box 9277 Corpus Chnsti. Texan 711469-9277 (361)326-3240 P Location: Citv Hall Council Chambers.1201 Leopard Street at 5:30 n.m. Located at 2406 Leopard Street (Caner of Leopard Street and Port Avenue) *A maximum allive applications are scheduled per hearing. Applicallons received after the Jive maximum will be scheduled 10 the next available meeting. I. Applicant/Representative: Urban Engineering Telephone: ( 361 ) 854-3101 Address (City, State, Zip): 2725 Swantner Drive, Corpus Christi, Texas 78404 E-mail Address: — Cell Phone: ( ) 2. Property Owner(s): Orion Drillini Company, LLC Telephone: ( 361 ) 654-7322 Address (City, State, Zip): 674 Flato Road, Corpus Christi, Texas 78405 E-mail Address' Cell Phone: ( ) Ownership Type: ❑ Sole • Partnership © Corporation • Other: 3. Current Zoning and Use: IL Industrial Proposed Zoning and Use: IH Industrial Project Address: 674 Flato Road Area of Request (sq. ftJacres): 13.63 acres 12 -Digit Nueces County Tax ID: 7430-0006-0190 __ _-_--, If platted, Subdivision Name: Roblex Industrial Area Block: 6 Lot(s): 19A,19B,20 & ; Legal description: 13.63 Acs belnn all of Lts 19A, 19B and 21, Block 6 and a port. of Lot 20, Block 6, Roblex Industrial Area 4. DOCUMENTS REQUIRED: IF APPLICABLE: © ATTACHED Land EJ © Use Statement ['Disclosure of Interest Executed Appointment of Agent Metes and bounds if request is for a portion © of Copy of Warranty Deed a platted lot or an unplatted lot 1 cerci t the information provided is accurate, correct and signed b all owrs. (Owner's Si nature) (Applicant's Signature) L )n,,,)r Sou,Pcs P --"lab C. £L4J.! (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011). 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 011ice Use Only Date Received: .5 -5 -AS Received By: Application Fee: Rid - 10,00 - 24.99 acres 25 * acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign No. Signs Required c::./— X $ L0 Sign Fee: Z.0 .O Total: f Qq 4 .75 Sign Posting Date: ADP: WS Form Revised 8124112 K WEVELOPMENTSVCSISHAREDLLAND DEVELOPMENRORDINANCE ADMINISTRATIONIAPPL1CATION FORMS'FORMS AS PER us.AL 21ZONING APPUCATION 2012 DOC 15 -10000035 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The developer/owner is requesting a change of zoning from Light Industrial to Heavy Industrial. The Re -zoning is being requested to allow for the future development of a Fabrication Facility on their existing business location. The new facility will contain approximately 25,830 square feet with a building height of 24 feet. Hours of operation will be between the hours of 6:30 a.m. and 6:30 p. m. The phasing schedule of this project is unknown at this time. The new facility will add 40 additional parking spaces. Signage will include the business logo on the face of the building. The existing facility uses include administrative, engineering, assembly, integration of drilling rig construction. Currently fabrication of substructure and mast elements are conducted off-site. The proposed zoning change will permit the moving of the fabrication elements on-site. These work elements will not substantially change existing use and character of site with rig assembly and manufacture still to be done on existing site. 2. Identify the existing land uses adjoining the area of request: North - Zoned IL (Industrial) South - Zoned RS -6 (School) East - Zoned RS -6 (Vacant/Agricultural) West - Zoned IL (Vacant/Agricultural) K 1DEVELOPMENTSVCSISHAREDILAND DEVELOPMEN \ORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGALILAND USE STATEMENT FOR ZONING DOC HATES Corpus C Golf Cen HORNE LOCAMIOM MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRtS11 4110 oCountryr, 1 I - sty ee ti y Pie !No. 1924a2 r. Carnron Street (5o' 300 200 100 200 400 Site Plan for a 13.6.3 Acre Tract of Land, comprised of all of Loth 19A & 19B, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 47, Page 250, Map Records of Nueces County. Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded In Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. 4' URBAN ENGINEERING 1st MOf w 104 TORS 1001 NO. 1=2400 7753 SeAn11O! ON, COM; 150010. Ot 70004 14KNE: 201.060.5101 WitU IAl00Ym1 DATE May 8, 2015 SCALE: 1 =200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: XG u rb an s u rveyl Ou rb a n o n g. c o m 02015 by Urban Engineering nnnld,tll4:o VYTpIM an than c 6 1 Ac -no OLA PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 674 Flato Road, Corpus Christi, Texas 78405 Legal Description (Subdivision, Lot, Block):13.63 acres being all of Us 19A, 19B and 21, Portion of U 20, Block 6, Roblex industrk Applicant Name: Orion Drilling/Urban Engineering Address: 674 Flato Road Telephone: (361)654-7322 City/State/Zip: Corpus Christi, Texas 78405 Email: tryan@oriondrilling.com Application Status (Select One)• LTJ Rezoning Site Plank0Street Closure Existing Land Use Tract Acres Building (SF) Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 1363 37,708sf IL Industrial 110 1.08 40.72 per 1,000sf 40 72 Proposed Land Use Tract Acres Building (SF) Zoning Land Use 1.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 13.63 63.538sf IH Industria' 120 0 68 43,21 per 1.000sf Total Total 43.21 Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Flato Road Yes 24' 52' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with Elthe City to discuss the scope and requirements of the analysis prior to beginning the T1A. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not Elexceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note This completed and reviewed form must accompany any subsequent application for the IDENTICAL project CHANGES to the proposed projcct will require a new TIA determination to be made. Exhibit A 13.63 Acre, Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 41834.B5.00 March 9th, 2015 Fieldnotes, for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 193, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 47, Page 250, Map Records of Nueces County, Texas and all of Lots 20 & 21, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20; said 13.63 Acres being more fully described by metes and bounds as follows: Beginning, on the East Right -of -Way of Flato Road, a public roadway, the Southwest corner of Lot 18, Block 6, Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the said Map Records, for the Northwest comer of the said Lot 19A and this tract; Thence, North 90°00'00" East, with the South line of the said Lot 18, the North line of the said Lots I9A and Lot 193, 1298.36 feet, to the West line of a 1.383 Acre Tract of Land, described in deed from Brent L. Riley, to the City of Corpus Christi, Texas, as recorded in Volume 2209, Pages 187-189, Official Public Records of Nueces County, Texas, the Southeast comer of the said Lot 18, for the Northeast corner of the said Lot 19B and this tract; Thence, South 00°00'00" East, with the West line of the said 1.383 Acre Tract of Land, the East line of the said Lots 19B, at 167.75 feet, pass the Northeast corner of the said Lot 20, the Southeast comer of the said Lot 193, continue with the said West line, at 335.50 feet, pass the Northeast corner of the said Lot 21, the Southeast corner of the said Lot 20, at 405.55 feet, pass the Northwest corner a 0.216 Acre Tract of Land, described in deed from Alexander E. Cox and Elbert S. Cox, to the City of Corpus Christi, Texas, as recorded in Volume 2230, Pages 290-292, said Official Public Records, the Southwest corner of the said I.383 Acre tract, continue with the West line of the said 0.216 Acre tract, in all 550.26 feet, to the North Right -of -Way of Camron Street, a public roadway, the Southwest corner of the said 0.216 Acre Tract, for the Southeast corner of the said Lot 21 and this tract; Thence, North 90°00'00" West, with the said North Right -of -Way, the South Iine of the said Lot 21, 1298.36 feet, to the East Right -of -Way of the said Flato Road, for the Southwest comer of the said Lot 21 and of this tract; Thence, North 00°00'00' West, with the said East Right -of -Way, the West line of the said Lot 21, 214.76 feet, to the Southwest comer of the said Lot 20, the Northwest corner of the said Lot 21, for an outer ell corner of this tract; Thence, North 90°00'00" East, with the South line of the said Lot 20, the North line of the said Lot 21, 721.00 feet, to an inner ell corner of this tract; Thence, North 00°00'00" West, 167,75 feet, to the South line of the said Lot 19B, the North line of the said Lot 20, for an inner ell corner of this tract; Thence, North 90°00'00" West, with the South line of the said Lot 19B, the North Line of the said Lot 20, 721.00 feet, to the East Right -of -Way of the said Flato Road, the Northwest comer of the said Lot 20, the Southwest comer of the said Lot 19B, for an outer ell corner of this tract; S:tiSuryeying1418341B5001OFF10EIMETESAND BOUNDS1041834B500 FN I3.63Acrss_20t50309.doc Page 1 oft (361)854-3101 2725 SWAMNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 Thence, North 00°00'00" West, with the said East Right -of -Way, the West line of the said Lots 19B, at 35.00 feet pass, the Southwest comer of the said Lot 19A, a Northwest comer of the said Lot 19B, in all 167.75 feet, to the Point of Beginning, containing 13.63 acres (593,488 Square Feet) of land, more or less. Bearings are based on the recorded plat of Roblex Industrial Area, a map of which is recorded in Volume 45, Page 53, of the Map Records of Nueces County, Texas. This description was prepared from Record Documents and does not represent a current on the ground survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. S:1Surveying1418341135001OFFICE\METES AND BOUNDS5041834B500_FN_13.63Acres 20150309.doc Page 2 of 2 URBAN ENGINEERING ,t,4G(..-rt. Keith W, Wooley, License N 54'3 Z, 1 x ii V fY o a= .4-+� "1Sn0— LL- Sr. 8- z z BAITS SITE Point of Beginning 0 REAR ict 4, d9 N 1are HORNE MITA k1ENDQZ.A Lot 18, Block 6 Roblex Industr'al Area Vo . 45, Pg. 53, Map Records of Nueces County, Texas N90'00'00"E 1298.36' LOCATION MAP N.T.S. COUNTY OF NUECES CITY OF CORPUS CHRISTI II 1.383 Acres Vol. 2209, Pg. 187-189 ,- - (Owner: City of Corpus 11 Christi, Texas) I I II^ 10'UE. Lot 19A, Biodk 6 Robles Industrial Area 390'8.1.. Lot 196, Block 6 Robles Industrial Area Vol. 47, Pg. 250, Map Records of Nuecso County, Texas 1 N N90'00'00"W 721.00' N90'00'00"E 721.00' Lot 20 10' Gas Pipeline Easement City of Corpus Christi, Nueces County Clerk I File No. 192469 10'8. Lot 21 10'u,E. 3 13.63 Acres g(593,488 Sq. Ft.) 1[7 els Z_of�4p, 577.36' 7 to W 0 N h N 0 0 300 200 100 0 N90'00'00"W 1298.36' Camron Street (50' Row) 200 400 GRAPHIC SCALE 1' =200 0.216 Acres Vol. 2230, Pg. 290-292 (Owner. City of Corpus Christi, Texas) Exhibit B Sketch to Accompany w FIELDNOTES for a 13.63 Acre Tract of Land, comprised of all of Lots 19A & 19B, Block 6. Robiex Industrial Area, a map of which is recorded in Volume 47. Page 250, Map Records of Nuecee County. Texas and all of Lots 20 & 21, Block B, Robles Industrial Area, a map of which is recorded in Volume 45, Page 53, said Map Records, Save and Except the West 721.00 feet of the said Lot 20. 1 II ENGINEERING URBAN n~ w, 145. ,sae All ,«s 1011203oo 1725 MADER OIL Carta 061611. 7640. DATE MAR. 6, 2015 SCALE 11'200' JOB NO.: 41834.85.00 SHEET: 1 of 1 DRAWN BY: RLG urbansurveylaurbaneng.com 02015 b Urban En•ineerin • X71 , - 77. , •,.. APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Urban Engineering Mailing Address: 2725 Swantner Drive City: Corpus Christi State: Texas Zip: 78404 Home Phone: ( ) Business Phone: j 361 ) 854-3101 Cell: ( 1 acknowledge and affirm that i will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, 1 agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's rords and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this bindi g appointment on behalf of the entity, and every reference herein to "1", "my", or " " is a reference ,;j h enti *Signature of Agent: Printed/Typed Name of Agent: Urban Engineering *Signature of Property Owner: 1 Title: aGt/0/11L Printed/Typed Name of Property Owner: Orion Drilling C''mpany, LLC Date: Title: CCtaj Prc5�r�c.�f.. Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Dale: *Application must he signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. n W Brown APPOINTMENT OF AGENT2-1909 doc City of Corpus = Christi ...rr,a.sses DISCLOSURE OF INTERESTS Ciq of Corpas Christi, Teams Department of Oat,eloprment Sat ;CRS P.O. Box 9277 Corpus Christi, Texas 71469.9277 (361)126-3240 Located at: 2496 Leopard Street (Comer of Leopard Si. and Port Ace.) 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. It the question is not applicable, answer with "NA'. NAME: Orion Drilling Company, LLC STREET: 674 Flato Road CITY: Corpus Christi, Texas ZIP: 78405 FIRM is: I Corporation 0 Partnership ❑ Sole Owner ❑ Association ❑ 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) NIA 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 Wayne M. Squires Port of Corpus Christi Authority 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 N/A Consultant CERTIFICATE 1 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 (Print) Signature of Certifying Person CAJI 5 Title: CCU / l_iC5 rrc n� Date: 7 ' / el /1 r1 k WEVELOPMENtSVCS'SHARED'I ..ND DEVELOPMkN NARDI NAM 1. noMINISr RATIumArr IC fION FORALSIFORMS AS PER LEGAL12012'DISCLDSURL OF INTERESTS STATEMENT! 2712 DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P 0 Box 9277 Corpus Christi, Texas 78469.9277 (361)826-3240 Located al 2406 Leopard Street (Corner of Leopard St and Port Ave ) 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". NAME: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas ZIP: 78404 FIRM is: ❑ Corporation ❑x Partnership ❑ Sole Owner ❑ Association 0 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 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 CERTIFICATE I certify that all information provided is true and withheld disclosure of any information requested; the City of Corpus Christi, Texas as changes occur correct as of the date of this statement, that 1 have not knowingly and that supplemental statements will be promptly submitted to Certifying Person: R440 0 i_ (Print) Signature of Certifying Person: Title: Date: f /t/by y5 K IDEVELOPMENTSVCSSSHAREDU.AND DEVELOPAILNTSORDINANCE ADM1NISTRATIONLMPPLICATION FORMS,FORMS AS PER LEGAL520121DISCLOSt1RE OF INTERESTS STATEMENT] 27 12.DOC Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 23, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 4002 River Walk Drive CAPTION: Case No. 0615-03 Coastal Signature Homes, LLC: A change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive. PURPOSE: The purpose of this item is to rezone the property to allow the construction of a single- family house. RECOMMENDATION: Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District for the construction of a single-family house. The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). It is staff's opinion that the request to rezone conforms to the Comprehensive Plan and the Northwest Area Development Plan with respect to land use and infill development policies contained therein. The request to rezone the property to "RS -4.5" Single Family 4.5 District is consistent with the Future Land Use Plan which identifies the subject property as low density residential. The request, if approved, would allow development to occur consistent with immediately adjacent residential properties. Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RS -4.5" Single Family 4.5 District is consistent with the Northwest Area Development Plan (ADP) and the adopted Future Land Use Plan's designation of the property as low density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 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: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal Signature Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 2, Block 1, River Heights Subdivision ("Property"), from the "ON" Office District to the "RS -4.5" Single Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Coastal Signature Homes, LLC ("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, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS -4.5" Single Family 4.5 District, and on Tuesday, July 14, 2015, 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 Coastal Signature Homes, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning of Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive (the property), from the "ON" Office District to the "RS -4.5" Single Family 4.5 District (Zoning Map No. 068051), as shown in Exhibit "A". Exhibit "A", which is a location map of 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 specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0615-03 Ordinance - Coastal Signature Homes, LLC Page 2 of 2 z O MEL'EX DR—R S 6 N © COL•UMBIA-RIVE _ " NORTHWEST BLVD CG -2 op N N Date Create •: 5/13/2015 Prepared By: jeremym Department of Development Services CASE: 0615-03 SUBJECT PROPERTY WITH ZONING Subject Property 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 F.M-624 s 3 1 1LOCATION MAP City of Corpus Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No. 0615-03 HTE No. 15-10000036 Planning Commission Hearing Date: June 3, 2015 Applicant & Legal Description Applicant/Owner: Coastal Signature Homes, LLC Legal Description/Location: Lot 2, Block 1, River Heights Subdivision, located on the east side of River Walk Drive, near the intersection with Trinity River Drive. Zoning Request From: "ON" Office District To: "RS -4.5" Single Family 4.5 District Area: 0.23 acres Purpose of Request: To allow the construction of a single-family house. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "ON" Office District Vacant Low Density Residential North "ON" Office District Low Density Residential Low Density Residential South "CG -2" General Commercial District Commercial Commercial East "CN -2" Commercial Neighborhood District and "RS -6" Single- Family 6 District Low Density Residential and Vacant Low Density Resident and Commercial West "ON" Office District Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS -4.5" Single Family 4.5 District is consistent with the adopted Future Land Use Plan and the Northwest Area Development Plan. Map No.: 068051 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the east side of River Walk Drive, near the intersection with Trinity River Drive. The subject property has approximately 115 feet of street frontage along River Walk Drive, which is classified as a local residential street. The Maximum Desirable Average Daily Trips (ADT) for a local residential street is 500. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume River Walk Drive Local Residential 50' ROW 28' paved 45' ROW 23' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. Development Plan: The applicant indicates intent to develop a single-family residence on the subject lot per the land use statement submitted with the application to rezone. Existing Land Uses & Zoning: North of the subject property is a single-family home developed on a lot zoned "ON" Office District. To the south of the subject property, is a retail shopping center on property zoned "CG -2" General Commercial District. East of the subject property are single-family homes on lots zoned "RS -6" Single -Family 6 District and vacant land zoned "CN -2" Neighborhood Commercial District immediately south of the existing single-family development. West of the subject property across River Walk Drive is a single-family home on a lot zoned "ON" Office District. The subject lot was zoned, "AB" Professional Office, on November 30, 1999. The "AB" zoning district was subsequently retitled "ON" Office upon adoption of the Unified Development Code. The "AB" zoning designation permitted the construction of a single- family residence while the "ON" Office District does not, thus the reason for the request for rezoning. Plat Status: The subject property is a platted lot within the River Heights Subdivision and is comprised of 0.23 acres. The plat was approved in April of 2000 and recorded in September of 2000; volume 60, page 187. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RS -4.5" Single Family 4.5 District is consistent with the Northwest Area Development Plan (ADP) and the adopted Future Land Use Plan's designation of the property as low density residential. Planning Commission Final Report Page 3 Department Comments: • The request to rezone conforms to the Comprehensive Plan and the Northwest Area Development Plan with respect to land use and infill development policies contained therein. • The request to rezone the property to "RS -4.5" Single Family 4.5 District is consistent with the future land use plan which identifies the subject property as low density residential. • The request if approved would allow development to occur consistent with immediately adjacent residential properties. • Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "ON" Office District to the "RS -4.5" Single Family 4.5 District. Public Notification Number of Notices Mailed — 46 within 200 -foot notification area 4 Outside notification area As of June 23, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Zoning Application Planning Commission Final Report Page 4 CASE: 0615-03 Zoning & Notice Area RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 oN Professional Office RM -Ar Multifamily AT CN -1 Neighborhood Commercial CN -3 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Inten61Ve COmmerelal CRD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H HlatorIc Overlay BP Business Pala IL Light Industrial IH Heavy Industrial Pu0 Planned1nit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 55-4.5 5ingle-Famlty 4.5 R0 -TF TWo-Family RS•16 Single -Family 15 RE Residential Estate RS -TI$ Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Owners with 200' buffer O i favor 4 Owners within 20O'lisledon V Owners attached Pwnerahlp table A n appos;r;on SUBJECTI' PROPERTY, LOCATION MAP City of Corpus Christi o ■ o fill APPLICATION FOR A CHANGE OF F ZONING Case No.: 0615-03 Map No.: 068051 crry OF CORPUS CHFIISTI DEVELOPMENT SERVICES PA. sox 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at 2406 Leopard Street (Comer of Leopard Street and Pon Accnue) 0 ►7 *Planning Commission Hearing Date: 6/3/15 Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. Q *A maximum affrve applications are scheduled per hearing. Applications received after the five marimunr will be scheduled to the nert available meeting. . 1. Applicant/Representative: COOS/Ati lis it. tic A.Telephone: ( 360) 3�1�f5e �� Addres fy, tae, rGr l /Vivi Iv 7X 76- iE-mail E-mail Address: Cell Phone: (V ) 316 —60i-; 2. Property Owner(s): ,jam Telephone: ( ) --,1 Address (City, State, Zip): E-mail Address: Cell Phone: ( ) Ownership Type: ❑ Sole 0 Partnership ❑ Corporation ■ Other: 1144( 3. Current Zoning and Use: CSN Proposed Zoning and Use: ProjectAddress: _-44 ,-{,q 4J4/4 - Area of Request (sq. ft. acres): _ _ _ I2-Digit Nueces County Tax ID: jilit0 - 0'0 0 / - 0_01 0 f If platted, Subdivision Name: 12.47,44` ,L((''[1 Ck°1 Block: Lot(s): dt Legal description: j 7 -. /3/00k 4. DOCUMENTS ATTACHED REQUIRED: ❑ Land IF APPLICABLE: ■ • Use Statement ❑ Disclosure of Interest Executed Appointment of Agent Metes and bounds if request is for a portion • of Copy of Warranty Deed a platted lot or an unplatted lot I certify that the information provided is accurate, correct and signed by all owners. / -7///a41- C-7a.bj —___7/1-Ce4,1 -.--a.bsa (Owner' mutt) Appl cant' 1aturc) 0 (.; Maria E. Vaiz 4 [�lzr'l Maria E. Vaiz ( wnc s elute Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 201 1): 0.00 - 0.99 acre 5 1,107.50 Office Use Only Date Received: ..57i1/1.5 Received By: A 1 1.00 - 9.99 acres $ 1,692.50 Application Fee: 1 (0 7. ,5_ D 10.00 - 24.99 acres $ 1,976.75 / 1 No. Signs Required X $10 Sign Fee: y o -0 25 + acres $ 1,976.75 plus 550.00 per acre 25 ,..1C Total i 1 S over acres Sign Posting Date: ADP: N Notice Sign Fee 510.00 per sign Form Revised 8124112 h %}F:VIYOP.�IF>'.11 SVCS SNARE:O'LANO OEfVLI OPMLNROROINANCE. ADMINISTRATION APPLICATION FORMS FORMS AS PLR 1I:GALL'012V-ONING API'I ICA1`.ON 2012.00C 15-1 QJc90o36 CITY OP CORPUS CF-RISTI DEVELOPMENT SERVICES P 0 Sox 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at 2406 Leopard St LAND USE STATEMENT Complete Iand use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. m 7 pckid sit j e. Fhtfrulyti--/-177tA4 arLi identify the existing land uses adjoining the area of request: North - South - East - West - F::1[?IiVI LlWMENtSVCS;SHAREH.LANL) PF:VIi1.01'NII[NRORPINANCIt. I)MINISTRATIONIAI'I'I 1CATION FORNIS,FORNIS AS KR I I GAL1. ANU LSF ST.iTEmENtFOR 7ONIt C DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) 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". NAME: Coastal Signature Homes, LLC STREET: 6217 Sir Jack St. CITY: Corpus Christi zip: 78414 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑ Association ['Other LLC 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) NA 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 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: Alex Vaiz Maria E. Vaiz Title: Members (Print)' / Signature of Certifying Person: 4 v-Na4.4. .. (I/a ate: 05/12/15 K:ADEVELOPMENT SVCS\ SHAREDA LAND DEVELOPMENT\ORDINANCE ISTRATION\APPLICATION FORMS\ FORMS AVER LEGAL\ 2012\ DISCLOSURE OF INTEREST S STATEMENT 1.27.12.DOC Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 450 Caribbean Drive and 3004 Jamaica Drive CAPTION: Case No. 0615-05 Michael Havelka: A change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential uses. The property is described as being 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive. PURPOSE: The purpose of this item is rezone the property to allow a 33 -unit single-family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (June 17, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS - 6" Single -Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM - 1" Multifamily 1 District to the "RS -6" Single -Family 6 District to allow the development of a 33 -unit single-family subdivision. It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is consistent with elements of the city's Comprehensive Plan and Flour Bluff Area Development Plan to allow for a low-density residential use. An "RS -6" District would allow uses that are compatible with the surrounding development and it is Staff's opinion that a single- family residential development increases the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning to the "RS -6" Single -Family 6 District is not consistent with the adopted Future Land Use Plan but is consistent with the Flour Bluff Area Development Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 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: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), by changing the UDC Zoning Map in reference to 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts ("Property"), from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("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, June 17, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RS -6" Single -Family 6 District, and on Tuesday, July 14, 2015, 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 Michael Havelka on behalf of MHJ Development, LLC and Havelka Construction, Inc. ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive ("Property"), from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District (Zoning Map No. 036028), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, 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 specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. 0615-05 Ordinance - Michael Havelka Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0615-05 Ordinance - Michael Havelka Page 3 of 3 STATE OF TEXAS COUNTY OF NUECES Field Notes of a 9.492 acres of land out of Lot 6, Tropic Estates, as shown in Volume 41, Page 55, Map Records Nueces County, Texas. and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 - 42, Map Records Nueces County, Texas. Said 9A92 acre tract also being out of a 8.82 acre tract of land described in a deed recorded in Document No. 2005030996, Deed Records Nueces County, Texas. Said 9.492 acre tract being more particularly described as follows. BEGINNING at a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for the east corner of Lot 3, Tropic Estates Unit 2, as shown on a map recorded in Volume 28, Page 68, Map Records Nueces County, Texas, and for an outside corner of this survey. THENCE North 61°24'06" West, a distance of 398.18 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°36'08" West, a distance of 55.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°12'16" East, a distance of 59.95 feet to a 5/8" iron rod set in the northwest line of said Lot 3 and for an outside comer of this survey. THENCE with the northwest line of said Lot 3, South 28°41'50" West, a distance of 263.86 feet to a 5/8" iron rod set in the north right of way of Caribbean Drive, for the west corner of said Lot 3, and for the south corner of this survey. THENCE with the north right of way of Caribbean Drive, North 61°23'14- West, a distance of 394.89 feet to a 2" iron pipe found for the south corner of Lot 2, Tropic Estates Unit 1, as shown on a map recorded in Volume 26, Page 12, Map Records Nueces County, Texas, and for the west corner of this survey. THENCE North 28°36'46" East, a distance of 625.98 feet to a 5/8" iron rod set for an outside corner of this survey. THENCE South 61°19-47- East, a distance of 54.25 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE North 28°36'46" East, a distance of 416.33 feet to a drill hole found in the southwest line of Lot 26, Block 1, South Sea Islands, as shown on a map recorded in Volume 46, Pages 118 - 119, Map Records Nueces County, Texas, and for the north corner of this survey. THENCE South 61°22'31" East, a distance of 342.74 feet to a point in the northwest right of way of Jamaica Drive for an outside corner of this survey. THENCE with the northwest line of said Lot 5, South 28°44'42" West, a distance of 316.54 feet to a 5/8" iron rod found for the west corner of said Lot 5, and for an inside corner of this survey. THENCE with the southwest line of said Lot 5, South 61°15'34" East, a distance of 337.82 feet to a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for an outside corner of this survey. THENCE with the northwest right of way ofJamaica Drive, South 28°41'36" West, a distance of 50.15 feet to a 5/8" iron rod found for an outside corner of this survey. Exhibit "A" THENCE North 61°18'00- West, a distance of 338.12 feet to a 5/8" iron rod found for the north corner of Lot 4R, Tropic Estates, as shown on a map recorded in Volume 33, Page 29, Map Records Nueces County, Texas, and for an inside corner of this survey. THENCE South 28°43' 17" West, a distance of 86.24 feet to a 5/8" iron rod set in the northwest line of said Lot 4R, for an outside corner of this survey. THENCE North 61°25'13" West, a distance of 35.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°40'40" West, a distance of 219.47 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°24'24" East, a distance of 373.32 feet to a 5/8" iron rod found in the northwest right of way of Jamaica Drive, for the south corner of the 0.69 acre Joe and Joanne Cyr tract, and for an outside corner of this survey. THENCE with the northwest right of way of Jamaica Drive, South 28°41'36" West, a distance of 50.30 feet to the POINT of BEGINNING, and containing 9.492 acres of land. more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 26, 2015. Job No. 14179 Exhibit ""A" GRAPHIC SC AT F AD -10101R 1.31_11 A. LAN13.13. MANSE,. 0.25 ACRTS OLT OF 10, TROPIC ESTATES ,T,AGAG4HRFoR FAITTRIT OF A9492 ACRL TRACI' 'grA'R'XIT'lf-V= TrTT=TAT-A's -TTATT9T Tr A Trx 9TIATT N.0133,3303.3 .31-330110INC, 01_71 013 3 33.3331131.. "I Or AN301317. AMEN IN 3.13 ;IN 1 31113 A 31.311.0,1133 TROPIC ESTAITS10130 1030 0 63 ACNE, 001 01 1303 11.11.110N 13 MN 1011 NI NA 10010.10 1311,1 1 L 3,13,1,311013,1311 111.AINING 15, AC111 3 OUT OF 801 ACRES 00C NO 20,2022.3 11131. 1 Brister Surveying LOT. 1013 V01 28. 11. Exhibit "B" 0 LOT. 0 SOU1110.3131,1. T 11'• 7 1013 TROPIC FVENTFS It1 101111 SFCT1ON 33 VO1 A,POS. - 43, 4' PLANNING COMMISSION FINAL REPORT Case No. 0615-05 HTE No. 15-10000031 Planning Commission Hearing Date: June 17, 2015 Applicant & Legal Description Representative: Joe L. Garcia Applicant/Owner: Michael Havelka Legal Description/Location: Being 9.49 acres of land out of Lot 6, Tropic Estates, and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm and Garden Tracts, located along Caribbean Drive between Waldron Road and Jamaica Drive and along Jamaica Drive between Caribbean Drive and Glenoak Drive. Zoning Request From: "RM -1" Multifamily 1 District To: "RS -6" Single -Family 6 District Area: 9.49 Purpose of Request: To allow the development of a 33 -unit single-family subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 Vacant Medium 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 -1" Multifamily 1 Vacantand Medium Density Residential Medium Density Residential West "RS -6" Single -Family 6 Vacant and Estate Residential Low Density and Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -6" Single -Family 6 District is not consistent with the adopted Future Land Use Plan but is consistent with the Flour Bluff Area Development Plan. Map No.: 036028 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 500 feet of street frontage Caribbean Drive and two 50 -foot areas of frontage along Jamaica Drive, which are both "01" Collectors. The subject property is located along the north side of Caribbean Drive approximately 350 feet west of Jamaica Drive. Planning Commission Final Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District to allow the development of a 33 -unit single-family subdivision. Development Plan: The applicant is proposing a single-family subdivision with 33 lots, each with a minimum of 6,000 square foot. Existing Land Uses & Zoning: North and south of the subject property are single- family homes in the "RS -6" Single -Family 6 District. East of the subject property is a vacant lot and the Tropical Estates Apartments zoned "RM -1" Multifamily 1 and west is a vacant lot and a residential estate home in the "RS -6" Single -Family 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 Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District is consistent with the Flour Bluff ADP. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: o Appropriate transitions should exist between high-density and low-density (less than 10 units per acre) residential dwellings (Residential Policy G) o Infill development should be encouraged on vacant tracts within developed areas (Residential Policy H) o Residential street designs should improve the safety and quality of residential areas (Transportation Policy D) o To assure adequate circulation and egress in times of emergency, the city places as a priority extension of Debra/ Jamaica Street as a north/south collector north of Mediterranean to serve as relief to Laguna Shores road (Flour Bluff ADP Policy C.3) 0 Plat Status: The subject property would need to be platted. Department Comments: • The requested zoning would allow for a reduced density type of residential development providing for a better land use transition between the residential estate uses to the west and the medium density uses to the east. This area of Flour Bluff is largely residential and the proposed development would continue that trend. • It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is consistent with elements of the city's Comprehensive Plan and Flour Bluff Area Development Plan to allow for a low-density residential use. Planning Commission Final Report Page 3 • A "RS -6" District would allow uses that are compatible with the surrounding development. • Staffs opinion is that a single-family residential development does increase the residential desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "RS -6" Single -Family 6 District. Public Notification Number of Notices Mailed — 49 within 200 -foot notification area 5 outside notification area As of June 10, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Zoning Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-05 Michael Havelka (Joe L. Garcia)\Council Documents\0615-05 Report for CC - Michael Havelka.docx o Date Great d: 51,27 / Prepare& By: jeremym D -part em of DVvelohimeiirServices/ /1/ 1\ CASE: 0615-05 Zoning & Notice Area 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 SUBJECT' PROPERTY O� O� �Pv LOCATION MAP ilk City of Corpus Christi �'m iU I.H?)IN AIS 3.Ai101 Q 'QINl U. A 1 E. 9 ZZo Ir Sod Y 't0& OLLtaS 1110'0 :ll.Yv> 11 v1lla?3� CitrkI 5c v X — —3 ;r 9 r 11'12 .52'68 3 60.61..195 ®� 1006 3S 22Sx S71uvvnro 147-1 ▪ at $311311 WIC 0 asmm� LI 101 4▪ 11,, 2.2132.2221 it 1(Y� aI i 11 F1uxuE1 i • .28'68£ 2.'8.8419S o»lo�b ti 7 .;18£5 ALIX7.84219 1 / 02 sero./ 6101 Y y utV 1.1.1..101N•JIY 1IgQ o x, SINJf .10 01 St1UrYni"U rT -1.6.1-10111 It S9d Y10A 19Y33 Y'N3 i5 NOLO". IGINE'cit 510'1 .i01110 S3bJt' nYa >L� ay.Nvor a au1 217505 3.rZ.2Z<19S A'S I's,,Ot 711Ld.1.71, t7..11 RC 113201 AI 86k AL90.2Z.MN NI. Sri II Oran 4 SiYJf fry -u .101 .00,11 s --t I': p"I " a I`A` .—� r 1..',;t .68'665 AL2I.£Z I9N S.JttfVA tErn ao J 3A72IQ NY 5rn1 1VD -r J OlOO! /d aao03 / crux DF cDRPus C RIsTi DEVELOPMENT SERVICES P O Box 9277 Corpus Christi Texas 78469-9277 (361)626.3240 Located at 2406 Leopard Street (Conics of Leopard Street and Port Avenue)_ APPLICATION FOR A _ CHANGE OF ZONING Office'Use Only Case No.: 06 I5—D 5 Map No.: O tJo�O *Planning Commission Location: City �7 Hearing Date: I ////' l Hall Council Chambers, 1201 Leonard Street at 5:30 p.m. *A maximum offre applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meetinz. ae ‘,, 6- I. Applican Representativ - -`-- Address (City, SIF , -Zip): __Telephone: 072/00. E-mail Address: + Phone: (( 'd 2. Pro e 3 u wn r(s): __ _, Address (City, State, Zip): ' Ni --4 " -49ZZIO Telephone:/) �� 1 2/10±- E -mail Address:_ (____J Ownership Type: ❑ Sole ❑ Partnership>Corporation Other: 3. Current Zoningand Use: Project Addres;: Proposed Zoningand Use: _-� G i t30,4W Area of Request (sq. ftiacres): _i_Vr 12 -Digit Nuece Crlenax I e'er —01 '��/� �� q If platted, Subdivision Name: �� "W;;<7. --,f-5 Block: Lot(s): 1 Legal description: , 4. DOCUMENTS ATTACHED REQUIRED: Land Use Statement IF APPLICABLE: Efixecuted Ericisclosure of Interest Copy of Warranty Deed Appointment of Agent bounds if request is for a portion of a platted lot or an unplatted lot • Metes and I certify that the information) provided is accurate, correct and silted by all os , ~ Nis— Allith4.4* /iP,°#9,41‘, .,-..:*"... \... /�i /� (O/wner's Signature) (A 1' ant`s Stgn nizi (Owner's Printed Name) . (Applicant's Printed Nan ) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 201 1) 0.00 - 0.99 acre $ 1,107.50 per acre Office Use Only Date Received: 'c-iT-i 5 Received By: ,/42) 1.00 - 9.99 acres 1,692.50 10.00 - 24.99 acres ,976.75 25 + acres $ 1,976.75 plus $50.00 over 25 acres Notice Sign Fee 2 10.00 p sign) Application Fee: / 69-7 ..0 No. Signs Required �X $10 Sign Fee: 0"1.0 Total: r ? t ,5-0 Sign Posting Date: ADP: 8 _ Form Revised 8/24/12 ti ',DEVELOPMENTS\' rsII.Mu D'LAND oEVELOIMh1ENT50RDrNAM'E AD{IINI ,1 A t ION\APPU. ATION FORMS'SORMS AS PER LEGALL012\ZONING APPLICATION 2012 DOC CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P 0. Box 9277 Corpus Christi. TX 78469-9277 (361) 826-3240 Located at. 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and.`or proposed building(s)/unit(s), building(s)runit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. pozpze- /z4".zret--w-ri/ev>/a_p: o ZZAb'J 7:1/ 777A16. fiqp A //cii_e--pAiwz.._ti_j_ispfv,s,/ep/V op uiT_f Mx/ z'A/(A6 is NST ii/Peo ,W.F, /r /4-L o Ad ret AOa is -i /NIA4- T r�1r 17-f--0G,�// A&A/r. MAT /AIC- 1//z7Z 5 /C/ fa P')/.-1-10/7i91EA/r A AiW /Z. /G1 -a/- P441 /Alg. . ?- Identify the existing land uses adjoining the area of request: North - South-�clGLCi!/L�% East - /Sddyti-fAuff4. /Y/i4/~F '!Gy West - yAcorAlr K OE% ELOPMENTSVCS SFIAREEILAND DEVELOPNIENT ORDINANCE ADMINISTRATIONIAPPLICATION FOFLMSFORMS AS PER LEGAL LAND USE STATEMENT FOR 70\T\G DOC City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi. Texas Department of Dc elopmentSer. tccs P 0 Box 9277 Corpus Christi Texas 78469.9277 (361)826.3240 Located ai 2406 Leopard Street (Comer of Leopard St and Pori Mc 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". NAME: A'r(M4 }446,1 4_ STREET: CITY: ! C.144i ZIP: FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner Association ❑ 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 th ownership in the above named "firm". Name * j ,, 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 1</ //A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name/ Board. Commission, or Committee AA 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 N/A 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. CertifyingPerson: (th1I4?.Z t) Signature of Certifying Person: Title: OGA41 Date: 2 ti IDEVELOPMENTSVCSLSIIAREDiLAND PEVELOPM£M 1 ORDINANCE ADMINISTRATIONNAPPLICATION FORMSIFORTIS AS PER LEGALL2012.DISCLOSURE OE INTER" STS STATEMENT' 27 12 DOC euniaW City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Teats Department of Development Ser:ices P.O Box 9277 Corpus Christi Texas 78469-9277 {361926-3240 Located at: 2406 Leopard Street (Corner of Leopard Sr and Pan Ave 1 City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do City to provide the following information. Every question must be answered. If the question answer with "NA". NAME:,/ - 6 STREET: j / ;°Zi FIRM is: ❑ Corporation ❑ Partnership business with the is not applicable, CITY: /�+St Iz P: ale Owner r'4 Association 0 Other 7 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". NameA/1 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 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 A/ A 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 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 submi#ed to the City of Corpus Christi, Texas s changes occur. Z4/S!// I d/472/V7-- Certifying Person: i4 (Print) Signature of Certifying Person: albkiM !NIS:NAIIOr, LICA1::iYr•+.RM%AsrERLEGALt20I2+D1SCLOSVREOFINTERESTS DEVELOPION:SVCSSIIAREDLAND DEVELOPME*. 3.1'.Tt:MEVT 1.27 12 DOC RDINANCE Title:el? Date: STATE OF TEXAS COUNTY OF NUECES Field Notes of a 9.492 acres of land out of Lot 6, Tropic Estates, as shown in Volume 41, Page 55, Map Records Nueces County, Texas. and out of Lots 10, 11, and 12, Section 53, Flour Bluff Encinal Farm Garden Tract, as shown on a map recorded in Volume "A", Pages 41 - 42, Map Records Nueces County, Texas. Said 9A92 acre tract also being out of a 8.82 acre tract of land described in a deed recorded in Document No. 2005030996, Deed Records Nueces County, Texas. Said 9.492 acre tract being more particularly described as follows. BEGINNING at a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for the east corner of Lot 3, Tropic Estates Unit 2, as shown on a map recorded in Volume 28, Page 68, Map Records Nueces County, Texas, and for an outside corner of this survey. THENCE North 61°24'06" West, a distance of 398.18 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°36'08" West, a distance of 55.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°12'16" East, a distance of 59.95 feet to a 5/8" iron rod set in the northwest line of said Lot 3 and for an outside comer of this survey. THENCE with the northwest line of said Lot 3, South 28°41'50" West, a distance of 263.86 feet to a 5/8" iron rod set in the north right of way of Caribbean Drive, for the west corner of said Lot 3, and for the south corner of this survey. THENCE with the north right of way of Caribbean Drive, North 61°23'14- West, a distance of 394.89 feet to a 2" iron pipe found for the south corner of Lot 2, Tropic Estates Unit 1, as shown on a map recorded in Volume 26, Page 12, Map Records Nueces County, Texas, and for the west corner of this survey. THENCE North 28°36'46" East, a distance of 625.98 feet to a 5/8" iron rod set for an outside corner of this survey. THENCE South 61°19-47- East, a distance of 54.25 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE North 28°36'46" East, a distance of 416.33 feet to a drill hole found in the southwest line of Lot 26, Block 1, South Sea Islands, as shown on a map recorded in Volume 46, Pages 118 - 119, Map Records Nueces County, Texas, and for the north corner of this survey. THENCE South 61°22'31" East, a distance of 342.74 feet to a point in the northwest right of way of Jamaica Drive for an outside corner of this survey. THENCE with the northwest line of said Lot 5, South 28°44'42" West, a distance of 316.54 feet to a 5/8" iron rod found for the west corner of said Lot 5, and for an inside corner of this survey. THENCE with the southwest line of said Lot 5, South 61°15'34" East, a distance of 337.82 feet to a 5/8" iron rod found in the northwest right of way ofJamaica Drive, for an outside corner of this survey. THENCE with the northwest right of way ofJamaica Drive, South 28°41'36" West, a distance of 50.15 feet to a 5/8" iron rod found for an outside corner of this survey. THENCE North 61°18'00- West, a distance of 338.12 feet to a 5/8" iron rod found for the north corner of Lot 4R, Tropic Estates, as shown on a map recorded in Volume 33, Page 29, Map Records Nueces County, Texas, and for an inside corner of this survey. THENCE South 28°43' 17" West, a distance of 86.24 feet to a 5/8" iron rod set in the northwest line of said Lot 4R, for an outside corner of this survey. THENCE North 61°25'13" West, a distance of 35.22 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 28°40'40" West, a distance of 219.47 feet to a 5/8" iron rod set for an inside corner of this survey. THENCE South 61°24'24" East, a distance of 373.32 feet to a 5/8" iron rod found in the northwest right of way of Jamaica Drive, for the south corner of the 0.69 acre Joe and Joanne Cyr tract, and for an outside corner of this survey. THENCE with the northwest right of way of Jamaica Drive, South 28°41'36" West, a distance of 50.30 feet to the POINT of BEGINNING, and containing 9.492 acres of land. more or less. Notes: 1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 26, 2015. Job No. 14179 GRAPHIC SC AT F AD -10101R 1.31_11 A. LAN13.13. MANSE,. 0.25 ACRTS OLT OF 10, TROPIC ESTATES mo,134,, 3„„30 000 FAITTRIT OF A9492 ACRL TRACI' N3,3,133,3303.3 .31-330110INC, 01_71 013 3 33.3331131.. "I Or AN301317. AMEN IN 3.13 ;IN 1 31113 A 31.311.0,1133 TROPIC ESTAITS10130 1030 0 63 ACNE, 001 01 1303 11.11.110N 13 MN 1011 NI NA 10010.10 1311,1 1 L 3,13,1,311013,1311 111.AINING 15, AC111 3 OUT OF 801 ACRES 00C NO 20,2022.3 11131. 1 Brister Surveying LOT. 1013 V01 28. 11. 0 LOT. 0 SOU1110.3131,1. 11'• 1013 TROPIC FVENTFS 7 , It1 r 101111 SFCT1ON 33 VO1 A,POS. - 43, 4' Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 22, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 3410 Up River Road CAPTION: Case No. 0615-06 Roman Silquero: A change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District, resulting in a change to the Future Land Use Plan from commercial to medium density residential uses. The property is described as being the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive. PURPOSE: The purpose of this item is rezone the property to allow the development of a multifamily building. RECOMMENDATION: Planning Commission and Staff Recommendation (June 17, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District to allow the development of a multifamily building. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial. However, since multifamily uses are allowed in the commercial zoning districts, the proposed use is consistent with the Future Land Use Plan. It is staff's opinion that the proposed rezoning would not negatively impact the adjacent residential properties and is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial, however, multifamily uses are allowed in commercial districts. Therefore, the proposed use is consistent. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 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: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Roman Silguero ("Owner"), by changing the UDC Zoning Map in reference to the south one-half (S-112) of the east one- half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts ("Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Roman Silguero ("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, June 17, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "RM -1" Multifamily 1 District, and on Tuesday, July 14, 2015, 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 Roman Silguero ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive ("Property"), from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District (Zoning Map No. 036028), as shown in Exhibit "A". Exhibit A, which is a survey of 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 specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 0615-06 Ordinance - Roman Silguero Page 2 of 2 LOCATION MAP $AR1ILOME m2—A STREET 3/ 4B \46-221 14 /IR 52-132 I 34-127 2—B I //%// j 4A IJP RIVER Scale. 1" = 200' LOT 2—A Found 5/8" I. Rod\ Found 5/8" LOT 2—B ALFRED BARTHLOME'S ACRE TRACTS Volume 34, Poge 127, Mop Records. Nuecee County, Texas 25' 0.L 0 Rod M 0 �I 10. Doc. No. 2014006079 Official Public Records, Nueces County, Texos Doc. No. 2012044685 Official Public Records, Nueces County, Texos LOT 4B Found Set1/2" I. Roo\ S 71' 6250000" En /W I. Rod \ n ✓ "—F \-- 6' ChoinlInk Fence i0 c rLL 0r 16 o Volume 2153. Page 252, r �o Doc. No. 2015010813 Deed Records, I OffIvIeI Public Records, Nuecsa County, Texas / Nueces County, Texos 50.00' LOT 3 0.7' \found 5/8' L Rod 0.5' O , 0 In In n' a a0 ALFRED LOME'S ACRE • c Volume -. Page 7, Map Re ords, Nuece▪ s aunty, Texas Iw O M 3408 Up River Road Corpus Christi, Texas 78408 z LOT 4A ALFRED BARTHLOME'S ACRE TRACTS Volume 46, Page 221, Mop Records, Nueces County, Texas 25' B.L 120.00' Found 5/8" I. Rod BY GRAPHIC SCALING ONLY THIS PROPERTY UES IN ZONE C (AREA OF MINIMAL FLOODING), AS PER THE NATIONAL FLOOD INSURANCE PROGRAM MAP OF COMMUNITY No. 465464, PANEL No, 0166. SUFFIX "C", HAVING AN EFFECTIVE DATE OF JULY 16, 1905. REFERENCE: MAP RECORDS RECORDED: VOL. 5 PAGE 7 DATE: May 31, 1926 Found 60' ' O0r, \ound 1/2' I. Pipe N 71' 25 00 W 3/4' I. Pipe z UP RIVER ROAD SURVEY OF THE SOUTH ONE—HALF (5-1/2) OF THE EAST ONE—HALF (E-1/2) OF LOT THREE (3), ALFRED BARTHLOME'S ACRE TRACTS SCALE: 1" = 30' CORPUS CHRISTI, NUECES COUNTY, TEXAS DATE: April 28, 2015 This SURVEY performed without the benefit of a Title Commitment. The undersigned does hereby certify that this survey was this day made, on the ground of the property legally described hereon, and is correct, and that there are no discrepancies, conflicts, shortages in area, boundary line conflicts, visible encroachments. overlapping of Improvements, easements or apparent rights–of–way. except as shown hereon. and said property has access to and from a dedicated roadway, except as shown hereon. This the 28th day of April, 2015. HORACIO 0LNE1RA, Regi Mred Professional Land Surveyor TEXAS LICENSE No. 1415 Exhibit "A" DWG FILE• BARTHLOM TITLE CO. GF# For: ROMAN SILGUERO OLIVEIRA LAND SURVEYING Registered Professional Land Surveyors 3206 REID DRIVE—Suite 107 --CORPUS CHRISTI, TEXAS 78404 Telephone (361) 851-2774 — Fax (361) 851-2936 TBPLS Flrm Registration No. 10108100 olaurveyingOgmail.com PLANNING COMMISSION FINAL REPORT Case No. 0615-06 HTE No. 15-10000034 Planning Commission Hearing Date: June 17, 2015 Applicant & Legal Description Applicant/Owner: Roman Silguero Legal Description/Location: Being the south one-half (S-1/2) of the east one-half (E-1/2) of Lot 3, Alfred Barthlome's Acre Tracts, located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard between Longview Street and Westgate Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RM -1" Multifamily 1 District Area: 0.21 Purpose of Request: To allow the development of a multifamily building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Commercial North "Cl" Intensive Commercial Commercial Commercial South "RS -6" Single -Family 6 Low Density Residential Low Density Residential East "RS -6" Single -Family 6 Vacant Commercial West "RS -6" Single -Family 6 Low Density Residential Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan but is consistent with the Westside Area Development Plan. Map No.: 048044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 60 feet of street frontage along Up River Road, which is designated as a "01" Collector street. The subject property is located along the north side of Up River Road approximately 350 feet east of Nueces Bay Boulevard. Planning Commission Final Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RM -1" Multifamily 1 District to allow the development of a four - unit multifamily building. Development Plan: The applicant is proposing a two-story 3,900 square -foot -building to be developed into four residential dwelling units or a four-plex. The site is proposed to have access from Up River Road. If the requested zoning is granted, buffer yards will be required along the west, east and north property boundary lines. A 'Type A' Buffer Yard as defined under redevelopment will consist of achieving 5 points as defined under Unified Development Code Table 7.9.7., which consists of a six-foot solid wood screening fence. Existing Land Uses & Zoning: South and west of the subject property are single- family homes in the "RS -6" Single -Family 6 District. East of the subject property is a vacant lot zoned "RS -6" Single -Family 6 District and north of the subject property is a medium density residential use in the "Cl" Intensive Commercial District, also owned by the applicant. . AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan (ADP). The proposed rezoning to the "RM -1" Multifamily 1 District is not consistent with the adopted Future Land Use Plan's designation of the property as commercial. However, multifamily uses are allowed in the commercial zoning districts. Therefore, the proposed use is consistent with the Future Land Use Plan. Additionally, the following are pertinent elements of the Westside ADP should be considered: - Where industrial uses are proposed adjacent to existing or future residential areas, buffering techniques such as greater open space and privacy walls or landscaping should be required. (Westside ADP, Policy State B.4) - Future Land Use Plan decisions should provide for a compatible configuration of activities with emphasis on protecting residential uses from incompatible industrial and commercial activities. (Westside ADP, Policy Statement C.1) - High-intensity commercial and industrial areas should be buffered to provide transition from residential areas through the existence of (b) public institutional buildings (d) scale of design. (Westside ADP, Policy Statement C.5). - Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (this includes noise, air pollution, negligent visual blight, etc.) by means of property layout and organization of activities by screening and maintaining buffer areas or zones for their activities. (Westside ADP, Policy Statement C.6). Plat Status: The subject property would need to be platted. Planning Commission Final Report Page 3 Department Comments: • The subject property is located across Up River Road from an established single- family subdivision near Miller High School. It also backs up to commercial intensive and light industrial uses with an adjacent residential home to the west of the subject property. It is staffs opinion the properties fronting Up River Road should be redeveloped to provide better compatibility with uses needed to support residential with adequate buffering along the shared property lines with commercial and industrial uses. • It is staff's opinion that the proposed rezoning would not negatively impact the adjacent residential properties even though the property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use. There is a home to the west of the subject property and an apartment complex two lots to the east. The property use is proposed to be developed for four residential dwelling units, which is well below the maximum density allowed in a "RM -1" Multifamily 1 District. • An "RM -1" Multifamily District would allow uses that are compatible for the proposed development and provide a land use transition between the intensive commercial and industrial uses to the north and the adjacent single-family use. • It is staff's opinion is that multi -family residential does increase the desirability of this vacant property. • Staff recommends multifamily residential be developed on the subject property. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RM -1" Multifamily 1 District. Public Notification Number of Notices Mailed — 15 within 200 -foot notification area 6 outside notification area As of June 22, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Proposed Site Plan 3. Zoning Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-06 Roman Silguero\Council Documents\0615-06 Report for CC - Roman Silguero.docx LEOPARD ST n ti m ti M h SUBJECT !/PROPERTY ti N _ _ N 800 m }Feet RS -6 Date Created: 5/29/2015 Prepared By: jeremym Department of Development Services CASE: 0615-06 Zoning & Notice Area 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 / 1 / EJECT PROPERT-I LEOPARD AGNES Is LOCATION MAP ilk City of Corpus Christi A V -<5') t • x 0 7 i . 301 Go` 45- Ipoo0 o3+' _gus cpio Development Corpus Christi, Located 0, Dept Street REZONING APPLICATION c,„ l t: rt 1i3 52- .-` Services P 0 Box 9277 Texas 78469-9277 (36l) 826-3240 at 2 06 opard Office Ilse Only Case No.: PC Hearing Meeting AM XIMUhlOFFIVEAPPLICATIONSARESCHEDULEDPERHEARING. INCOMPLETE RECOMMENDED 0615-06 Map No.: 048044 Date: Location/Time: APPLICATIONS 6/17/15 pM: Jessica Alford _ City Hall, Council Chambers. 1201 Leopard Street. at 5:30 p.m. WILL NOT BE ACCEPTED -- PRE -SUBMISSION MEETING SARE 1. Applicant: Mailing City: °� fl _ —. Contact Person : Address:1'11 0 11aVt t?.[-cJ Owner(s): Address: Y i �J YV1.ahh t State:T ZIP: Contact Person Phone: (SG I )(:)213 ,-01(31-1 Cell: ( ) 2. Property Mailing City:0 : At FI— , Ix—) i , t�1 y 0 9 p v Q I'�+� t r iJ State7Cx. ZIPR 5 Phone: (-JG i )� y 2, Li 1 q4-1 E-mail: Ownership Cell: I t 9)x()) Wqd _ 0 3 i I--1 Type: Sole °Partnership Corporation Other: 3. Subject Property Address: Current Zoning and 12 -Digit Nueces County Subdivision Name: Legal Description 21410 Up 2(u 0 r Re aet Area of Request (sq.RJacres): 9 3p 0 S Use: E s-- ‘ Cv-4A-T) Proposed Zoning and 3 ; Use: RAI-- 1 (474vg u wl.�,� Tax [ 6 aril-, 00 1( ILa -- to Q Q Q - o ci lo eY1, C. Ac re- Tru,...fs Block: Lot(s): if not platted: .., /Z ,,f E /Z of Loo 3 4. DOCUMENTS REQUIRED WITH APPLICATION REQUIRED: Land Use Statement Lsclosure of Interest IF APPLICABLE: ❑ Executed Appointment of Agent ❑ Peak Hour Trip Form Elitletes & Bounds Description with Exhibit if property includes Cony of Warranty Deed ❑ Site Plan for PUD or Special Permit unplatted land ■ Lien Holder Authorization 1 certify that I have i provided the City of Coleus Christi with a complete • on as or on behalf of the Property Owner(s application for review; that I am authorized to initiate this ; and the information provided is accurate. Qi c UtLJ Lig)— (Owner's Signature) _li0 Q (Owner s P ted Name) (App 'ant's Signature) -i ( ppli4a is Printed Name) Application Fees (as of November 1.2011) 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Additional PUD Fees (see attached) Office Date Received: Application Na. Signs Sign Posting ADP: Use Only g-1 - %f Received By:! Fee: RequiredX Date: $110 7. ,c) _ _ l 676 $ l0 Sign Fee: 340 Total: 5. /1/ 7_ SO WS Form Revised 3/2/2015 K 'DEVELOP%IENTSVCSSIIARED'tAND DEVELOPh1EN1 ORDINANCE ADMtNISTRATIOMAPPLICATION FORAIS4FORh15 AS PCA LEGAL120124ZON1NG 201'-4ZOMNO APPLICATION 2915 DOC CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES P.Q. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: I. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. 4-LaYeque 4 ►S b+ a -Cf)L)tr L -N okepaVc©r a c . IL W O — �-C�Y 1 fpv rp ©Se �5 31 900 nocpc--,1 2. Identify the existing land uses adjoining the area of request: CS North - COrnm�rc7Gi �S (, South - , r.31cCor++ iy est d e n4 ; oK 111 R.S 10 East - S r.l a `O. - ki c :, i c rn- i a ( a West -...---'.. 1, �•� =� thg%[ cperv�,t„t 1�c.. , r, cx. K OEVELOPMENTSVCSLSIIAREDIAND DEVELOPMENTtiORDINANCE ADMINISTRATIONIAPPLICATION FORAISFOR. IS AS PER LEGAL LAND USE STATEMENT FOR ZONING DOC hu....rlleg.r City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Depanment of Development Services P.O. Box 9277 Corpus Cluisti Texas 78469.9277 (361)826.3240 Located aI 2406 Leopard Street {Comer of Leopard St. and Port Ave } 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 ith NA". NAME: / ktyiQll ( 1 IC i12VO 1 - AN CITY: r • Yt ZIP: FIRM is: ❑ Corporation • Partnership ❑ Sole Owner STREET:1 ❑ Association ❑ 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 A " Job Title and City Department (if known) 10 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 ®j 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 ti f 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". 1\..) Name 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 Chri f Texa - anges occur. Certifying Person: Signature of Certifying Person: Title: Date: -- 6 DEVELOPMENTSVCS'SEIARED LAND DEVELOPAIENTORDINANL E AUMINT:TRATION PPLI:ATIC•N FJRMi.FORA15 AS PER LEGAL 2OI2\DISCLOSURE OF INTERESTS STATEMENT' 27 12 DOC City of Corpus = Christi trimolViosmolo DISCLOSURE OF INTERESTS City or Corpus Chslat L Texas Department of DoCnpmentSm•".e P o ria. 9277 Corpus Christi, Texas 70469.9r' (361) 026-3240 Located at 3406 Leopard Simi Comer of Leopard Si and Pon A, r City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City 10 provide the following information. Eve y-guglion must be angered. If the question is not applicable, answer i "NA". NAME: 1I�Y1C�Y1 u ex() STREET: 41 t Q (- Lf)v TP L J CITY:( )S a te y, Zip: Q 0L ( 0 FIRM is: ❑ Corporation DrPartnership 0 Sole Owner 0 Association ❑ 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". Job Title and City Department (if known) Name r/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 POP 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 NDO 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 Ijbf+4, I certify that all information provided is true and withheld disclosure of any Information requested; the City of Corpus Christi, Texas as changes occu CERTIFICATE correct as of the date of This statement, that I have not knowingly and that supplemental statements will be promptly submitted lo r. Certifying Person: }�t�Mnln �� r i 'ijV) (Print) Signature of Certifying Person: f\S, DEVLLOrMNTSVCSSIIARED Li ND DEVELOrtICNPORDIN NA CO AD 11,ISTRATA]V.SPi'L1CAT1ON FOAAMSFDRMMS AS rot Lru LLIKII:M1SCLD.SuRE Or 70.:.s STATEAI0!rn 7 12 DOC Title: Date: 07^-Y f Lot S Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 23, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 3526 HoIIy Road CAPTION: Case No. 0615-01 N.P. Homes, LLC: A change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District, resulting in a change to the Future Land Use Plan from low density residential uses to commercial uses. The property is described as Lot 8, Block 1, Carroll Place Unit 7, located along the north side of HoIIy Road and west of Carroll Lane. PURPOSE: The purpose of this item is rezone the property to allow for the development of a commercial retail use. RECOMMENDATION: Planning Commission and Staff Recommendation (June 3, 2015): Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District for the development of a commercial retail use. The requested zoning complies with elements of the Comprehensive Plan and Southside Area Development Plan even though it does not match the Future Land Use Map. A general commercial use typically is preferred adjacent to arterial roads, which fits the character of the subject property and surrounding area. It is staff's opinion that the proposed rezoning would not negatively impact the surrounding residential properties because it has direct access to Holly Road, an arterial street, and it is compatible with the use and zoning districts due east. A "CN -1" District would allow uses that are compatible with the surrounding uses. Staff's opinion is that a retail store increases the desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the Southside ADP but not the adopted Future Land Use Plan's designation of the property as medium density residential. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 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: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by N.P. Homes, LLC ("Owner"), by changing the UDC Zoning Map in reference to Lot 8, Block 1, Carroll Place Unit 7 ("Property"), from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of N.P. Homes, LLC ("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, June 3, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "CN -1" Neighborhood Commercial District, and on Tuesday, July 14, 2015, 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 N.P. Homes, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 8, Block 1, Carroll Place Unit 7, located along the north side of Holly Road and west of Carroll Lane (the "Property"), from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District (Zoning Map Nos. 046036 and 046037), as shown in Exhibit "A". Exhibit "A", which is a location map of 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 specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-01 N.P. Homes, LLC (Doug George)\Council Documents\0615-01 Ordinance - N.P. Homes, LLC.docx KIV/ --7 N CG' -2 2 Date Created: 5/12/2015 ti 1Prepared/By: jeremym Department of Development Service's"-, CASE: 0615-01 SUBJECT PROPERTY WITH ZONING Subject Property 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 Sp ��'FdhyS UBJECT PROPERTY, ‘94k11'004 FM-4� LOCATION MAP City of Corpus Christi Exhibit "A" PLANNING COMMISSION FINAL REPORT Case No. 0615-01 HTE No. 15-10000032 Planning Commission Hearing Date: June 3, 2015 Applicant & Legal Description Applicant: Doug George Owner: N.P. Homes, LLC Legal Description/Location: Lot 8, Block 1, Carroll Place Unit 7, located along the north side of Holly Road and west of Carroll Lane. Zoning Request From: "RM -1" Multifamily 1 District To: "CN -1" Neighborhood Commercial District Area: 0.94 acres Purpose of Request: To allow for the development of a commercial retail use. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -1" Multifamily 1 District Vacant Medium Density Residential North "RS -TF" Two -Family District Medium Density Residential Medium Density Residential South "RS -6" Single -Family 6 District Low Density Residential Low Density Residential East "CN -1" Neighborhood Commercial District Commercial and Professional Office Commercial West "ON" Office District Public Semi -Public Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Plan. Map No.: 046036 and 046037 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the north side of Holly Road approximately 240 feet west of the intersection of Holly Road and Carroll Lane. The subject property has approximately 130 feet of street frontage along Holly Road, which is an "Al" Minor Arterial Undivided street. The Maximum Desirable Average Daily Trips (ADT) for an "Al" Minor Arterial Undivided street is 15,000 to 24,000. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Holly Road "Al" Minor Arterial Undivided 95' ROW 64' paved 95' ROW 60' paved 17,790 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District for the construction of a 8,320 -square -foot Family Dollar store. Development Plan: The proposed rezoning is to allow use of a retail store. The applicant is proposing a Family Dollar store of approximately 8,320 square feet with parking. The building will be a one-story professionally engineered metal building that is 24 feet in height and includes a fiber cement wall panel on the storefront. The store will employ approximately two to three people with operating hours of 8 a.m. to 10 p.m. daily. At a minimum, the Unified Development Code would require a "Type A" buffer yard of 10 feet with 5 points along the property lines abutting the "RS -TF" Two -Family District. The site is proposed to have access from Holly Road. Existing Land Uses & Zoning: To the north of the subject property in the "RS -TF" Two -Family District is the Carroll Lane Apartments. To the south of the subject property, across Holly Road, is a single-family subdivision zoned "RS -6" Single -Family 6 District. East of the subject property is a family planning clinic and an automotive repair shop zoned "CN -1" Neighborhood Commercial. West of the subject property are L.U.L.A.C. administrative offices zoned "ON" Office 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 Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is consistent with the Southside ADP but not the adopted Future Land Use Plan's designation of the property as medium density residential. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: - Corpus Christi Policy Statements: o New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. Planning Commission Final Report Page 3 o Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. o Commercial service areas designed to serve local neighborhoods should be conveniently located and in harmony with the surrounding neighborhood. Plat Status: The subject property is platted. Department Comments: • The requested zoning complies with elements of the Comprehensive Plan and Southside Area Development Plan even though it does not match the Future Land Use Map. • A general commercial use typically is preferred adjacent to arterial roads, which fits the character of the subject property and surrounding area. • It is staffs opinion that the proposed rezoning would not negatively impact the surrounding residential properties because it has direct access to Holly Road, an arterial street, and it is compatible with the use and zoning districts due east. The proposed development would require a buffer yard to the north to provide for a better land use transition. • A "CN -1" District would allow uses that are compatible with the surrounding uses. • Staff's opinion is that a retail store increases the desirability of this neighborhood, which is one of the findings required of the Comprehensive Plan when deciding which commercial uses. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RM -1" Multifamily 1 District to the "CN -1" Neighborhood Commercial District. Public Notification Number of Notices Mailed — 15 within 200 -foot notification area 9 outside notification area As of June 23, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application K:\DevelopmentSvcs\SHARED\ZONING CASES\2015\0615-01 N.P. Homes, LLC (Doug George)\Council Documents\0615-01 Report for CC-N.P. Homes, LLC.docx CASE: 0615-01 Zoning & Notice Area 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 Sp ��'FdhyS UBJECT PROPERTY kT'0G LOCATION MAP ilk City of Corpus Christi ON ZONING 7, 130' RS -TF ZONING yE 11' SE7aaL44E DELIVERY SALES ECRU: 7 - FAMILY DOLLAR g 80'x104' ra GROSS = 8,320 S.F. LCM-IA SIGN ENTRANCE { t L 10' SIDEWALK 9' r 4t 24' VNI l A %sag' / UNDERGROIIND I DETENTION AREA AS REOU RED T Ifs f 10' ' —PS -1B SIGN /EX ACCESS RIW EX 4'SIDE11AIi( 4 ''' 3DFW.ACGESS 130' Holly Road Sr CLOG Notes: Trash enclosure to match building. Masonry Bolding. Need fa/bocci RM -1 m CN -I Rear setback b twico the average height of the building. (Due to RS -TF coning) U111ity pole 10 be relocated. Variances Needed: None anticipated CN -1 ZONING CN -1 ZONING E BUX ('J 0 N U 100' R/W r 1- 17,790 ADT L 0 N U Site Data: Lot Slue n 40,300 sqh. 0.93 acres Pavement Area n 23.000 see Provided Parking: 28 spaces Required Perking: 28 spaces Zoning: RM -4 - Multifamily Residential 1 FEMA Into: Zone 'C' (FIRM a 4054640283C) Signage: LCM-IA Sign Illuminated Building Sign 34,8 NM s 0'-811 Overall Alen 1442 sg1L PS -1B SIGN Illuminated Pylon Sign 9'-1'W 00-6'H Overall Area = 00.0 sqd Max. Height 20 em 1,11.01 e6nwllna 1...-ueur s.xavlvl,mva 1.10.11201Galwmnua n ILICOM wOCOMLImom lxmarl0084w07Irl7IIpwstS emaneaemo luaulwcreeormneum. oaf . xrWQlae P2peme Far. 3526 Holy Rd Corpus Christi, Nueces County, TX Dreg^ sr BURKHARDT EN61NEEIIN6 Phone: 937.388.0060 vnyw.burIthanilnumm oerelrmre+ar 30 OnakpmM, kr. 4700 Woolsey. Su1e 1175 Il0Wan. TX TOM Phone 713.961.3331 00 Redskin Dewe Ort al ve Deb 20,.4040 Dalt 2014.12.09 Preliminary Site Plan sheet Ib. 1 o11 15-10000032 :1DEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTIORDINANCE ADMINISTRATION IAPPLICATION FORMSFO S AS PER LEGAL 20I21ZOMNG APP CATION 2012 DOC qv 01 m _ 1[ I O 111 APPLICATION FOR A CHANGE OF ZONING Office Use Only Case No.: 0615-01 Map No.: 046036 & 046037 DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard Street and Port Avenue) *Planning Commission Hearing Date: 6/3/15 Location: City Hall Council Chambers, 1201 Leopard Street at 5:30 p.m. *A maximum offive applications are scheduled per hearing. Applications received after the five maximum will be scheduled to the next available meetin . DougGeorge (Prospective Purchaser)713 961-3334 1. Applicant/Representative: 9 � P Telephone: ( ) Address (City, State, Zip): 4900 Woodway Dr., Suite 1125 Houston, TX 77056 E-mail Address: Cell Phone: ( 713 ) 818-1230 2. Property Owner(s): N.P. Homes, LLC (Nader Karimi) P rhrTelephone: (Y ) ,� c4-15)/,-, 7/` wV6 " Address (City, State, Zip): 90 60)c ,�63�j (^'"- 7 E-mail Address: Cell Phone: ( ) Ownership Type: ['Sole ❑ Partnership ❑ Corporation ❑ Other: 3. Current Zoning and Use: MF -1 Vacant Lot Proposed Zoning and Use: NC -1 Family Dollar Store Project Address: 3526 Holly Road, Corpus Christi, TX 78415 Area of Request (sq. ft./acres): 40,920sf 12 -Digit Nueces County Tax ID: 1 3 3 7_ 0 0 0 1_ 0 0 8 0 If platted, Subdivision Name: CARROLL PLACE UNIT 7 Block: 1 Lot(s): 8 Legal description: Lot Eight (8), Block One (1), CARROLL PLACE UNIT 7, a subdivision of the City of Corpus Christi, Nueces County, TX 4. DOCUMENTS ATTACHED REQUIRED: % Land IF APPLICABLE: ❑ 0 Use Statement Q Disclosure of Interest ❑ Copy of Warranty Deed Executed Appointment of Agent Metes and bounds if request is for a portion of a platted lot or an unplatted lot I certi tha ' - ' i ormation provided is accurate, correct and signed by all owners. Doug George 2015.04.15 10.40:32 -0500' (Owner's Signature) (Applicant's Signature) Nader Karimi (Authorized Agent for N.P. Homes LLC) Doug George (Owner's Printed Name) (Applicant's Printed Name) All signatures on this application shall be original signatures. No copied prints or faxed copies. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED Application Fees (as of November 1, 2011): 0.00 - 0.99 acre $ 1,107.50 1.00 - 9.99 acres $ 1,692.50 10.00 - 24.99 acres $ 1,976.75 25 + acres $ 1,976.75 plus $50.00 per acre over 25 acres Notice Sign Fee $10.00 per sign Office Use Only Date Received: 4/29/15 Received By: JA Application Fee: 1107.50 No. Signs Required _ X $10 Sign Fee: 10.00 Total: 1117.50 Sign Posting Date: ADP: SS Form Revised 8/24/12 :1DEVELOPMENTSVCS\SHAREDILAND DEVELOPMENTIORDINANCE ADMINISTRATION IAPPLICATION FORMSFO S AS PER LEGAL 20I21ZOMNG APP CATION 2012 DOC DATE: APPOINTMENT OF AGENT 4-16-15 PROPERTY: 3526 HOLLY RD., CORPUS CHRISTI, TX 78415 GRANTOR: NADER KARIMI N.P. HOMES, LLC ?o %ox ecqus' chric-ki 7k ?34./‘F GRANTEE: DOUG GEORGE 3D BOOTHANDLE TX, LLC 4900 WOODWAY DR., SUITE 1125 HOUSTON, TX 77056 713-961-3334 NAME COMPANY ADDRESS CITY/ST/ZIP TELEPHONE NAME COMPANY ADDRESS CITY/ST/ZIP TELEPHONE GRANTOR hereby appoints GRANTEE to act on its behalf as Authorized Agent in all matters concerning the rezoning of the Property. Agent shall have the authority to apply for, sign, represent and perform any and all work necessary for process of rezoning. This appointment shall be revocable at any time by GRANTOR by providing written notice to GRANTEE and to the Development Services Department of the City of Corpus Christi. GRANTOR: GRANTEE: Doug George 2015.04.16 09:21:23 -05'00' CITYOFCORPUSCI 1 DEVELOPMENT SERVICES P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Located at: 2406 Leopard St. LAND USE STATEMENT Complete land use statement form containing the following information: State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. Applicant is requesting to rezone a currently -vacant lot from MF -1 to CN -1 for the purpose of developing a new Family Dollar Store. The property is located on Holly Road (a major arterial road) roughly 240' west of Carroll Lane (a major arterial road). The new Family Dollar building will be 8,320sf and will provide 28 parking spaces (as required by CN -1 zoning). The building will be a one- story professionally engineered metal building that is 24' in height and includes an EIFS and fiber cement wall panel storefront. There will be storefront signage and one pylon sign. The building, site design and signage will all comply with CN -1 requirements. Construction is expected to take roughly 180 days after the issuance of a building permit. Once open, the store will employ 2-3 people at any given time and will operate from 8am - lOpm daily. 2. Identify the existing land uses adjoining the area of request: North - Carroll Lane Apartments (multifamily) South - Single Family Residential East - Family Planning of Coastal Bend West - City on a Hill International, Inc KADEVELOPMENTSVCS SHARED LAND DEVELOPMENT1ORD1NANCE ADMINISTRATION \APPLICATION FORMSTOFtMS AS PER LEGAL \LAND USE STATEMENT FOR ZON1NG.DOC '#- City of Corpus = Christi tem..r.r DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street (Corner of Leopard St. and Port Ave.) 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". NAME: N.P. Homes, LLC (Nader Karimi) STREET: 3526 Holly Rd CITY: Corpus Christi Zip: 78415 FIRM is: ❑ Corporation ❑ Partnership ❑'Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, 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 I certify that all information provided is true and withheld disclosure of any information requested; the City of Corpus Christi, Texas as changes occu CERTIFICATE correct as of the date of this statement, that I have not knowingly and that supplemental statements will be promptly submitted to r. Certifying Person: N1 D6I K9-lr'� 1 (Print) Signature of Certifying Person: Title: Q/ZiAle plea L Date: 0912- gr K:\DEVELOPMENTSVCSSHARED\LAND DEVELOPMENT\ORDINANCE ADMINISTRATIOMAPPLICATION FORMS\FORMS AS PER LEGAL\2012 DISCLOSURE OF INTERESTS STATEMENT 127.12. DOC ‚- DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. 13 ox 9277 Corpus Christi, Texas 78469-9277 (361) 826.3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) 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". NAME: 3D Boothandle TX, LLC / Doug George STREET: 3526 Holly Rd CITY: Corpus Christi ZIP: 78415 FIRM is: ❑ Corporation ❑ Partnership IN Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, 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 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: 3D Boothandle TX, LLC /Doug George Title: Member/Manager (Print) Signature of Certifying Person: Date: 5/5/15 K\DEVELOPMENTSVCS\SHAREDhLAND DEVELOPMENTIORDLNANCE ADNILSISTRATIONIAPPLTCAT1ON FORMS\FORMS AS PER LE GA Lt20121DISCLOSURE OF LNTERESTS STATEMENf 1.27.12DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas.com A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 3526 Holly Rd Legal Description (Subdivision, Lot, Block): LOT 8, BLOCK 1, CARROLL PLACE UNIT 7 Applicant Name: 3D Boothandle TX, LLC / Doug George Address: 4900 Woodway Dr., Suite 1125 City/State/Zip: Houston, TX 77056 Telephone: 713-961-3334 Email: dgeorge@gordonpartners.com Application Status (Select One): El Rezoning El Site Plan riStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 0.939 Max 22 units/ac RM -1 VACANT LOT 220 0.55 11 0.67 14 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 0.939 8320 NC -1 RETAIL 814 3.81 32 6.99 58 Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Holly Rd Yes 30' 100' For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with pithe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: Note: This completed and reviewed form must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. Version 1.0 (01/15) Q- �$§mm Ii g N N N i% R. rt e g.z m c g ry v a ¢ a a i T i a $ ¢ A LL$ Signage: LCM-1A Sig, Illuminated Building Sign 34'-8114 Wx5GH Overall Area = 1442 sg1t. PS•IB SIGN Illuminaled Pylon Sign 9'-11N x 5-6-H Overall Area = 50.0 sqL Max. Height a 1 .�tln i3 =t- @ gi i g Prepared For. FAMIWM 3528 Holly Rd Corpus Christi, Nueces County. TX Design Br peralopnlent Br BURKAARDT oeYe4ment int EN61NEEIUNB 4900 Medway. Stile 1125 Phone: 937.388.0060 rlourlan. 7X TTI355 wenv.burldiardrinezern Phone: 713.9613334 Ma. Revision Bac _ pale 1 Brlyvl Eska Dale pale. 2014.12.09 . 61 C E a r fV Ib In II a Q $ 9N!NOZ 1 -NQ 1 7, 790 ADT 0 4f ///////I////////1TIIII/////Jll I D073)(3 , i/I/l//ll//1//lll/1//////llllt Z IIII/I I I L 1 a ti 9 •$�� ifMCOf. w ivi-...-... z �3� 2 N I I › = cD z l I I I I / 11[71111117117111111 I / DO78 X3 / I//////lll/ll///////ll j Z z 0 N Z U 0 N z U � m / / W / I I I I // I7 9NlNOZ 1-N3 :101 , k e t` 0 Z ' 1 1# 1 .O1£ 0 N �16 - ti © rLO 141. N til NOM VtiV31 cc .BL }CZ ,-_L _ ,gl. r U) 11 ,;,.r C9 —u = G a� 1 •.:\`', L 1 N.:2-41.2 }, y 7EX ACCESS \_ z ©� ,O lN -pN m (l=�i I I m4J 3,< it 1 I .1Y.401 gog. a '. tr0 ------ i t. jLtl. t. ,OLE is ONINOZ NO r I/////// Aerial Overview Aerial AGENDA MEMORANDUM Public Hearing/1St Reading Ordinance for the City Council Meeting of June 23, 2015 2nd Reading Ordinance for City Council Meeting July 14, 2015 DATE: 5/29/2015 TO: Ronald L. Olson, City Manager THRU: Susan K. Thorpe, Assistant City Manger SThorpe@cctexas.com 361-826-3898 Eddie Ortega, HCD Director EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Public Hearing/1St Reading Ordinance regarding the City of Corpus Christi's proposed FY2015-2016 Consolidated Annual Action Plan. CAPTION: Ordinance to adopt the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs. To authorize the City Manager or designee to submit the FY2015-2016 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD. To authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2015-2016 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2015-2016 CAAP with organizations of approved projects. PURPOSE: Purpose of Public Hearing is to meet HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on the proposed project funding for the FY2015-2016 CAAP; the Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2013-FY2017 Consolidated Plan/Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2015-2016 CAAP. An initial public hearing was held at the City of Corpus Christi's City Hall on February 4, 2015. A second public hearing to receive additional input was held on February 12, 2015. The public hearing to be conducted on Tuesday, June 23, 2015 by the City of Corpus Christi's City Council will satisfy the requirement of the two required hearings, though three public hearings were held. The City of Corpus Christi has received official notification from the U.S. Department of Housing and Urban Development (HUD) of the FY2015-2016 funding allocation for the following programs. $2,460,214 Community Development Block Grant (CDBG) $ 228,138 Emergency Solutions Grant (ESG) $ 837,740 HOME Investment Partnerships Program (HOME) It is important to note that for FY2015-2016, CDBG will experience a 3.8% reduction, ESG will experience a 2.9% increase, and HOME will experienced a 14% reduction from prior year funding, based on the entitlement funding which will be received from HUD. An additional $1,085,000 generated from the Revolving Rehabilitation Loan Program will be made available to the Affordable Housing Programs which are administered by the Housing and Community Development Department. Additionally, $40,000 generated from Program Income for the Demolition Liens Program ($25,000) and Property Clearance Program ($15,000) will be made available to the CDBG Program for continued funding of these programs. Additional funding in the amount of $496,930 which was recaptured from previously funded projects that were unspent, have been made available to be reprogrammed to augment funding levels for the upcoming FY2015-2016 CDBG program allocations for a total funding level of $4,082,144. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 173.7 million, of which approximately 19.9 million has been income generated by various programs administered by the Housing and Community Development Department. The ESG Program will have an allocation amount of $228,138 for FY2015-2016. The intent of the ESG Program is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to provide funding for rehabilitation, counseling, training and other essential Homeless Prevention and Rapid Re -housing activities. Commencing in 1987, the City of Corpus Christi has received in excess of $3.9 million in funding for ESG services. The HOME Program will have an allocation amount of $837,740 as a funding level from entitlement funds to be received, with an additional $100,000 being made available for reprogramming from previously funded recaptured program funds for a preliminary estimated funding amount of $937,740 for the FY2015-2016 Budget Year. The HOME Program was initiated in 1992 with the mandate to increase and improve affordable housing opportunities; HOME funds totaling $35.9 million have been utilize to fund Rental and Home Ownership programs in addition to the rehabilitation and reconstruction of affordable housing within the City of Corpus Christi. Of the $35.9 million in HOME funding, approximately $4.3 million of those funds have been made available from previous loans as generated program income; these funds have been utilized to augment available funding. The FY2015 CAAP represents the third annual action plan of the developed five-year (FY2013-FY2017) Consolidated Plan which is the application to HUD for funding of the CDBG, ESG, and HOME Programs. The FY2015 CAAP describes the activities and projects to be assisted with funds received under CDBG, ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community developed objectives. On December 16, 2014, the City Council adopted a timetable that provides for public hearings during Technical Assistance Workshops which were held on February 4, and February 12, 2015 to be followed by the City Council public hearing on June 23, 2015. Citizens' public comment period begins on June 22, 2015 and ends July 22, 2015, for the FY2015 CAAP. Subsequently, adoption of the CAAP is scheduled for July 14, 2015, allowing timely submission of the program to HUD. The proposed FY2015 CAAP has been developed according to HUD regulations. Staff will be making a brief presentation to the City Council at the opening of the Public Hearing so that staff may outline the FY2015-2016 CAAP's eligibility criteria for the programs and staff's recommendations. Housing and Community Development held four Technical Assistance Workshops on January 7, 2015 and February 4, 12, and 18, 2015, and two Technical Assistance Workshops which included a Public Hearing on February 4 and 12, 2015. Also held were two Neighborhood Meetings, in conjunction with Technical Assistance Workshops, on February 12 and 18, 2015 at the City of Corpus Christi's City Hall. The public hearing date with City Council was also disclosed at this time. The FY2014-2015 Consolidated Annual Action Plan will be submitted to HUD on August 13, 2015 following the required 30 day citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2015-2016 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: At the conclusion of public hearing, the City Council may, at their discretion, discuss any and all recommendations and provide direction on the projects/activities to be funded under the FY2014-2015 CAAP LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation CDBG Attachment D FY2015 ESG Attachment D FY2015 HOME Attachment D FY2015 Ordinance to adopt the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2015-2016 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2015-2016 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2015-2016 CAAP with organizations for approved projects. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on February 4th and 12th, 2015, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, June 23rd, 2015. All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that this Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2015-2016 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2015-2016 CAAP to HUD, and • to amend the FY2015-2016 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2015-2016 CAAP, and • to execute funding agreements and all other documents necessary to implement the FY2015-2016 CAAP with organizations for approved projects. Ordinance - FY2015 CAAP Ordinance That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Rudy Garza Colleen McIntyre Mark Scott Lillian Riojas Brian Rosas Lucy Rubio Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Chad Magill Rudy Garza Colleen McIntyre Mark Scott Lillian Riojas Brian Rosas Lucy Rubio Carolyn Vaughn PASSED AND APPROVED this day of , 2015 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Rebecca Huerta City Secretary Ordinance - FY2015 CAAP Ordinance Nelda Martinez Mayor CITY COUNCIL - Public Hearing/ 1st Reading Ordinance Staff Recommendations for the FY2015-2016 CAAP City Council June 23, 2015 Staff Recommendations - CDBG FY2015 City Departments • HCD - CDBG Program Administration (Community Development - $460,000 • HCD - Rehabilitation Services (Housing Division) - $840,112 • HCD - Minor Home Repair Grant Program - $225,000 • HCD - Single Family Rehabilitation - $825,000 • HCD - Appliance Replacement Grant Program - $200,000 • Parks and Recreation - Play for All Playground at Salinas Park - $300,000 • Police - Code Enforcement Program - $307,032 • Police - Demolition Program - $200,000 • Police - Clearance of Vacant Properties Program - $200,000 Staff Recommendations - CDBG FY2015 Non -Profit Agencies • Amistad Community Health Center - $200,000 • The Salvation Army - Public Services - $25,000 • Land Acquisition and/or Homeless Facility Rehabilitation - $300,000 Staff Recommendations - ESG FY2015 • City of Corpus Christi - ESG Admin Cost - $16,138 • Catholic Charities of CC - $30,000 • Corpus Christi Hope House - $22,000 • South Texas Substance Abuse Recovery Services, Inc. (STSARS) - $30,000 • Wesley Community Center - $10,000 • Corpus Christi Metro Ministries - $30,000 • The Salvation Army - $30,000 • Mary McLeod Bethune Day Nursery - $10,000 Staff Recommendations - HOME FY2015 • HOME Administration/Technical Assistance - $83,774 • Homebuyer Assistance Program - $200,000 • Rehabilitation Program - $350,000 • HOME Program Set-aside funds - $300,000 QUESTIONS? ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2015 ANNUAL ACTION PLAN RECOMMENDED FY2015 CDBG PROGRAM FY2015 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens and Property Clearance Program Income from Rehabilitation Program (Revolving Loan Fund estimate) TOTAL FUNDS AVAILABLE FOR FY2015 CDBG PROGRAM $2,460,214 $496,930 $40,000 $1,085,000 $4,082,144 # PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt 1 HCD - CDBG Program Administration (Community Dev. Division) This project will fund 6.25 FTE staff salaries and administrative costs: 1 Administrator, 1.75 -Sr. Management Assistants (1 at 100% and 1 at .75%), 3 -Contract Administrators (1 at 100% and 2 at 50%), and .50 Management Aide. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal wage rate requirements. The amount indicates 18% of allowed 20% of administrative costs. - $460,000 $460,000 $460,000 2 HCD - Rehabilitation Services (Housing Division) This is the operating budget for 15 FTE staff that service the various housing programs administered by HCD: 1 -Director (at 60%), 1 -Program Manager, 1- Operations Supervisor, 1 -Administration Supervisor, 3 - Property Advisors, 4 -Loan Officers, 1 -Mortgage Servicing Aide, 1- Managment Assistant (at 40%), 1-Managment Aide, and 2 Sr. Staff Assistants. The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, $10,000 Homebuyer Assistance Program, the Type A Homebuyer Program, and Mortgage Servicing which manages the servicing of 800 loans provided through the Single Family Rehabilitation Loan Program. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education, construction monitoring, project estimating, and development of specifications and drawings. - $840,112 $840,112 $840,112 3 HCD - Minor Home Repair Grant Program Minor repair grants up to $10,500 for repairs which include lead based paint testing as required by HUD regulations on houses built prior to 1978. Repairs consist of roof repairs, plumbing electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. Program Income - $60,000 Entitlement - $165,000 - $225,000 $225,000 $225,000 1 # PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt 4 HCD - Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. Program Income - $825,000 - $825,000 $825,000 $825,000 5 HCD - Appliance Replacement Grant Program The Appliance Replacement Grant Program is designed to provide energy efficient appliances for low- and very low-income homeowners. Eligible applicants will be homeowners already income and program approved and receiving assistance from either the Minor Home Repair Grant Program or the Single Family Rehabilitation Program. The grant will provide up to $6,000 per home which will cover the installation of energy efficient top load washer/dryer, refrigerator, and oven, as well as the removal of the existing non -working or energy efficient appliances. Program Income - $200,000 - $200,000 $200,000 $200,000 6 Parks and Recreation - Play for All Playground at Salinas Park The Play for All Playground Project will bring Corpus Christi its first accessible full scale play structure featuring slides, swings, play decks, and interactive elements for youth of all ages and abilities. The fall zone will be a uniformed surface allowing access throughout the entire play zone. The site for the playground is located adjacent to the Miracle Field, a fully accessible ball field in Salinas Park. This placement will allow for the use of existing ADA accessible parking spots and sidewalks. This project will fall in line with the Parks and Recreation Master Plan of "Creating ADA accessible playgrounds and equipment" and "improvements at Community and Regional Parks". The proposed park will be a place where families who have children with differing abilities: physical, cognitive, sensory, social and communicative, can play together. 1 $300,000 $300,000 $300,000 Police - Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 6 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100%) and 1- Senior Account Clerk/Administrative Support (100%) which includes a total of $307,032. Funding will be for salaries and approximately $10,000 for training through classes, seminars and/or conferences for education opportunities, and for certifications required for code enforcement. The CE Property Advisors are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy-five (75) health, safety, and welfare related City Codes. All CDBG eligible census tracts in the city meet, per Resolution, HUD's criteria for a deteriorating area and meet the national objective of serving the low income citizens. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors by processing compliance requests through the mail and researching property owner's name and address. 7 $307,032 $307,032 $307,032 2 # PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt 8 Police - Demolition Program This program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Program Income: $25,000; Entitlement: $175,000 11 $200,000 $200,000 $200,000 9 Police - Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds; to include, abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Program Income: $15,000; Entitlement: $185,000 13 $200,000 $200,000 $200,000 3 # PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt CDBG NON-PROFIT ORGANIZATIONS Amistad Community Health Center Funds requested will replace elevator and rehabilitate/renovate the second floor bathrooms to meet ADA requirements. The second floor will continue to expand and maintain direct services targeting the population of 200% below federal poverty guidelines. Second floor facility services include: behavioral health, marketplace enrollment, case management and health care education. Capital Contribution: $100,000 15 $200,000 $200,000 $200,000 2 The Salvation Army - Public Services The Salvation Army's Shelter and Food Program serves individuals and families with incomes of less than $15,000 per year who are homeless or at risk of homelessness. The request is for program costs of providing meals to the homeless and very low income individuals and families in the Salvation Army Shelter. Capital Contribution: $2,589,000 29 $25,000 $25,000 $25,000 3 Land Acquisition and/or Homeless Facility Rehabilitation Funding proposed will provide land acquisition and/or facility rehabilitation for the homeless individuals and families in Corpus Christi. The funding will provide a facility located inside the Corpus Christi city limits and will provide an array of services for homeless individuals and families. 43 $300,000 $300,000 $200,000 4 Coastal Bend Center for Independent Living Project will provide wheelchair ramps and accessible home modifications to low income people with disabilities. Funds will supply a minimum of sixteen (16) homes with minor modifications to include wheel chair ramps and a minimum of four (4) homes with modifications to include, but not limited to: walk-in showers, grab bars, accessible toilets, door widening, accessible cabinets, sinks and toilets and chair lifts and other related accessible modifications in order to gain independence. 45 $107,340 $8 $100,000 5 Sea City Work Camp The project will consist of the rehabilitation of homes in the Hillcrest area. The program will host over 300 high school youth and adult volunteers who will make housing repairs in low-income neighborhoods in Corpus Christi. The funds received will cover materials which will be used for the rehabilitation work. Labor is estimated on a volunteer basis. Fourteen (14) families have been identified to receive roofing, painting, new security front doors and ramps to their homes. Capital Contribution: $10,000 61 $80,000 $0 $0 Total Non -Profit $712,340 $525,000 $525,000 Total City Projects $3,557,144 $3,557,144 $3,557,144 Overall Total $4,269,484 $4,082,144 $4,082,144 4 ATTACHMENT "D" RECOMMENDED FY2015 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2015 ESG Allocation $228,138 # PROJECT & DESCRIPTION Page Request Staff Recomm City Council Adopt 1 City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested to fund a staff person at .50 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. - $16,138 $16,138 $16,138 2 Catholic Charities of Corpus Christi Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium-term rental assistance. 77 $30,000 $30,000 $30,000 3 Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short and medium term rental assistance; and Rapid Re -housing Case Management and short and medium term assistance. 89 $22,000 $22,000 $22,000 4 South Texas Substance Abuse Recovery Services, Inc. (STSARS) Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium- term rental assistance. 97 $30,000 $30,000 $30,000 5 Wesley Community Center Funding requested for the ESG Activity Component of Emergency Shelter -Essential Services and Shelter Operations. 113 $10,000 $10,000 $10,000 6 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. 123 $30,000 $30,000 $30,000 7 The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. 137 $30,000 $30,000 $30,000 8 Mary McLeod Bethune Day Nursery, Inc. Funding requested for the ESG Activity Component of Emergency Shelter -Essential Services and Shelter Operations. 147 $10,000 $10,000 $10,000 Overall Total** $178,138 $178,138 $178,138 * All ESG funding must be matched at 100% ** $50,000 will be set-aside to be combined with the CDBG Homeless Land Acquisition and/or Rehabilitation Project 1 ATTACHMENT "D" RECOMMENDED FY2015 HOME PROGRAM FY2015 HOME Allocation $837,740 Reprogrammed Funds $100,000 TOTAL FUNDS AVAILABLE FOR FY2015 HOME PROGRAM $937,740 # PROJECT & DESCRIPTION Request Staff Recomm City Council Adopt 1 HOME Administration/Technical Assistance Administrative funds for .75 FTE staff, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in request. Technical assistance will be provided to enhance the capacity of CHDO's, non -profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10% of the allowed 10% for administrative costs. $83,774 $83,774 $83,774 2 Homebuyer Assistance Program (up to $10,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. $200,000 $200,000 $200,000 3 Rehabilitation Program Provide loans/grants to Veteran low income homeowners which will assist them with major rehabilitation or demolition/reconstruction of their homes. $350,000 $350,000 $350,000 INTERDEPARTMENTAL TOTAL $633,774 $633,774 $633,774 NON- PROFIT ORGANIZATIONS - Funding determination will be made no later than October 1, 2015 1 River View at Calallen Apartments* River View at Calallen Apartments, to be located on Leopard St. near the Leopard St. and Callicoatte Rd. intersection, is a proposed affordable housing multi -family community consisting of 96 units to serve low-income families, seniors, and individuals. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. River View at Calallen Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $14,521,257 $300,000 2 Callicoatte Cove * Callicoatte Cove, to be located at approximately the 3900 block of Callicoatte Rd., is a proposed new construction development that will consist of a unique combination of multifamily and single family design. The proposed community will consist of detached single family rental homes, one-story multifamily buildings, a community building, maintenance building and mail kiosk. This complex will be comprised of a combination of 94 multifamily units and single family units serving low-income families, seniors, and individuals. The development will be financed primarily through The Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Callicoatte Cove will serve residents at 30%, 50%, and 60% area median income. Total project cost: $17,777,108 $300,000 3 Liberty Shores Apartments* Liberty Shores Apartments, to be located on Holly Rd. at approximately 1300 ft. east of Rodd Field Rd., is a proposed affordable housing multi- family community consisting of approximately 108 units to serve veterans and their families. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. Liberty Shores Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $17,557,035 $300,000 1 # PROJECT & DESCRIPTION Request Staff Recomm City Council Adopt 4 Glenoak Apartments (CHDO)* Glenoaks Apartments, located on 711 Glenoak, is an affordable housing multi -family community consisting of 68 units which serve low-income families, seniors, and individuals. The project will propose to demolish and reconstruct the existing complex. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits. Glenoak Apartments serves residents at 30%, 50%, and 60% area median income. Total project cost: $14,002,820 $300,000 5 Accessible Housing Resources, Inc. Proposed project will purchase two (2) adjacent properties, demolish substandard houses, clear land, build 6-8 rental units affordable and accessible for very and extremely low-income individuals with disabilities and seniors. Total project cost: $1,044,500 $181,000 CHDO Total $300,000 $0 Subrecipients/Other Entity Total $1,081,000 $0 HCD Projects Total $633,774 $633,774 $633,774 Overall Total $2,014,774 $633,774 $633,774 * Total Set -Aside to be determined no later than October 1, 2014 $300,000 *HOME Subrecipient Agencies who submitted HOME FY2015 funding will be awarded funding no later than October 1, 2015 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs* 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 23, 2015 Second Reading Ordinance for City Council Meeting July 14, 2015 DATE: June 12, 2015 TO: Ronald L. Olson, City Manager THROUGH: Gustavo Gonzalez, P.E., Assistant City Manager FROM: Daniel McGinn, Assistant Director of Environment and Strategic Initiatives DanielMc@cctexas.com 361-826-3245 Ordinance amending Chapter 55 of the City Code of Ordinances and Drought Contingency Plan regarding extension of Stage 2 best management practices CAPTION: Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, Water Resource Management, to revise drought contingency triggers for Stage 1 and Stage 2 and drought best management practices; and authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 to reflect changes to Sections 55-152 and 55-153. PURPOSE: The purpose of this amendment is to continue the overwhelming success and effectiveness of the drought measures implemented during Stage 2 by extending them until the combined lake levels reach a higher percentage. BACKGROUND AND FINDINGS: The Water Resource Management Ordinance (Article XII of Chapter 55) provides the City legal authority to implement the Drought Contingency Plan (DCP) and Water Conservation Plan. The DCP outlines the best management practices to be taken by the City and Region to meet water demand during a period of water shortage or other emergency situation. In May of 2013, City Council passed the current version of the DCP and Water Resource Management Ordinance. Since the DCP was implemented, the City has been in Stage 2 Drought response for 15 months and Stage 1 for eight months. During that entire period of 23 months, residential customers reduced demand by 18% compared to the pre -drought average. This equates to 2.4 billion gallons or approximately 7,200 acre-feet of water saved. These savings were primarily achieved through the one -day -per -week sprinkler irrigation drought measure. Even when the City went back to voluntary measures for eight months, water consumption did not significantly increase, as many citizens realized that one -day -per -week irrigation is more than enough to keep landscapes healthy in South Texas. Because one -day -per -week watering was found to be successful in conserving water and does not negatively impact landscapes, this amendment seeks to extend the period of Stage 2 as follows: • Requirements for initiation - The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below eighty (80) per cent. • Requirement for termination - Stage 2 of the plan may be rescinded when the combined storage level increases above ninety (90) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. Stage 1 measures become year-round. They include voluntary one -day -per -week sprinkler irrigation. In addition, because water savings from certain drought measures were negligible and caused unnecessary burden on customers and staff, the following drought measures are removed during Stages 1-3: • Limiting vehicle washing to one -day -per week • Limiting pool refilling to one -day -per week • Restrictions on fountains • Restrictions on power washing ALTERNATIVES: 1. Implement existing Stage 1 drought measures at the current assigned trigger point of 50%. OTHER CONSIDERATIONS: Customers can continue to water any day by means of hand-held hose or drip irrigation. Wholesale customers of the City are required to implement drought measures equal to or more stringent than the City, by contract within 30 days. On June 9, they were sent copies of the Drought Contingency Plan to review. Comments received will be considered prior to final adoption. CONFORMITY TO CITY POLICY: Yes this conforms to applicable regulations. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A Comments: N/A RECOMMENDATION: Approval of ordinance amendment as proposed, with acknowledgment that a full revision will be performed by the end of the year. LIST OF SUPPORTING DOCUMENTS: Amended ordinance Presentation Amended Drought Contingency Plan Water Resource Management Ordinance June 23, 2015 Success of Drought Measures Monthly Single Family Res. Cons. (Million Gal) 900 800 700 600 500 400 300 200 100 Residential Monthly Consumption: Current Drought vs. Historical Average - Actual Consumption - Pre -Drought 5 -Year Avg Cons. Residential Savings • 18% reduction of 22 months • 7,200 ac -ft not used m m m m m m in in in in ao a 4 > 6 c - - > c = ao Q +� > b c 0 f0 Q ro 7 a) U o a) a.) r0 Q rn O z o LL ¢ 2 ¢ rn 0 z o LL Revisions Today • Change drought triggers for Stages 1 and 2 • Trigger is combined reservoir capacity Current Drought Stage Triggers Drought Stage Initiation Termination 1 50% 60% 2 40% 50% 3 30% 40% 4 20% 30% Proposed Drought Stage Triggers Drought Stage Initiation Termination 1 Always Always 2 80% 90% 3 30% 40% 4 20% 30% Other Proposed Changes Removal of following drought restrictions (Stages 1-3): • Car washing • Pool filling/refilling • Decorative fountains • Power washing Long -Term Revisions • Complete overhaul of Drought Contingency Plan in the fall 2015: — Clarification and simplification — Updates to the syste 5 1 Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, Water Resource Management, to revise drought contingency triggers for Stage 1 and Stage 2 and drought best management practices; and authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 to reflect changes to Sections 55-152 and 55-153. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, Section 55-152 and 55-153, is amended, with the new text shown in underlined redline text, and the deleted text shown in redline strike through text, as follows: ARTICLE XII WATER RESOURCE MANAGEMENT Sec. 55-150. - Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013 as amended by ordinance, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: (1) "City manager" means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low -flow levels directly to the soil. 2 (3) "Fountain" means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) "Industrial customers use of water for processing" means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5) "Non-essential purpose" means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-151. - Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of -repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the city water system. d. Use any non -recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Stage 4 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant water saving: Commercial dining facilities must only serve water upon request. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26-2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) 3 Sec. 55-152. - Drought management: Drought contingency stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of stages: (1) Stage 1: Mild water shortage conditionwatch. (2) Stage 2: Moderate water shortage condition. (3) Stage 3: Severe water shortage condition. (4) Stage 4: Critical water shortage condition. (5) Stage 5: Emergency water shortage condition. (b) Criteria for initiation and termination of drought response stages: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is: (1) the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi; or (2) in the alternative for Stage 1, Lake Texana's level. (3) Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1 - Mild Water Shortage ConditionWatch: Requirements for initiation The combined storage level of Choke Canyon Reservoir and Lako Corpus Christi declines below fifty (50) per cent or Lake Texana storage level declines below forty (1 0) per cent. This stage is always in effect. Requirement for termination Stage 1 of the plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above sixty (60) per cent or Lake Texana storage level increases above fifty (50) per cent. Either of these conditions must exist for a period of fifteen (15) consecutive days before termination of Stage 1.This stage is always in effect. 4 (2) Stage 2 - Moderate Water Shortage Condition: Requirements for initiation - The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below weighty (48 80) per cent. Requirement for termination - Stage 2 of the plan may be rescinded when the combined storage level increases above fifty -ninety (54 90) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (3) Stage 3 - Severe Water Shortage Condition: Requirements for initiation - The combined storage levels declines to below thirty (30) per cent. Requirement for termination - Stage 3 of the plan may be rescinded when the combined storage level increases above forty (40) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4 - Critical Water Shortage Condition: Requirements for initiation - The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty (20) per cent. Requirement for termination - Stage 4 of the plan may be rescinded when the combined storage level increases above thirty (30) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. (5) Stage 5 - Emergency Water Shortage Condition: Requirements for initiation - When the city manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or •Water production or distribution system limitations; or •Natural or manmade contamination of the water supply source occurs. Requirement for termination - The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-153. - Drought management: Drought best management practices per stage. (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP) are listed below 5 by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the director of water operations or his designee. (b) Stage 1 response - Mild water shortage conditions.watch. (1) Target: Because Stage 1 is always in effect, the water use in this stage will be the basis for reduction targets in more severe drought stagesAchieve a voluntary five (5) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: The city will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for nonpotable uses to the greatest extent possible. (3) Water use restrictions for reducing demand: a. Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the city manager or designee. b. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the plan. c. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. (c) Stage 2 response - Moderate water shortage conditions. (1) Target: During Stage 2, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 1, the city will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and b. City crews (water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 2: a. Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of 6 five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other and/or flushing of boat motors is permitted upon immediate exit of water body. Such washing, whcn allowed, shall be done with a hand held bucket or a hand held hoso equipped with a positive shutoff nozzle for quick rinses. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations upon review and approval by the director of water operations or his designee if the health, safety, and welfare of the public is contingent upon frequent vehicle cleansing, such as garbage trucks and vehicles used to transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi type pools is prohibited except on designated watering days. d. All residential fountains and indoor commercial fountains are permitted to operate. Outdoor commercial fountains can operate but must have a variance permit, obtained through the process in section 55 155. e.b. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. fc. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. gd. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. he. Except for immediate fire protection or flushing of water lines, the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. i. The following uses of water are defined as non essential and are prohibited: 7 1. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard surfaced areas, except if it is in the interest of public health and safety. 2. Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the director of water operations or his designee. (d) Stage 3 response - Severe water shortage conditions. (1) Target: During Stage 3, achieve a fifteen (15) per cent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2, the city will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water use restrictions for demand reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. _c. All residential fountains and indoor commercial fountains are permitted to operate. Outdoor commercial fountains, can operate but must have a variance permit, obtained 8 maintain equipment. (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 response - Critical water shortage conditions. (1) Target: During Stage 4, achieve a thirty (30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 3, the city will also do the following during Stage 4: •Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi - type pools, and water parks (unless utilizing water from a non -city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: 9 a. No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b. For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 5 response - Emergency water shortage conditions. (1) Target: During Stage 5, achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in section 55-154 During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 4, the city will also do the following: -Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water use restrictions for demand reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 5, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: 10 For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-154. - Surcharges for drought Stages 3, 4 and 5, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 emergency water shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for- profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155 (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. 11 (c) Residential customers who are billed from a master water meter. (1) Once Stage 2 condition has been declared, property managers of multi -tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. (3) With city council approval, when consumption is above the three thousand (3,000) gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 4), the commercial or institutional customer's allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety (90) per cent of whose monthly usage is less than six thousand (6,000) gallons, shall be allocated six thousand (6,000) gallons. d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. 12 (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than twenty (20) per cent of total capacity (Stage 4), the industrial customer allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one -twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 13 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f) Commercial, institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000) gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000) gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00) for each additional one thousand (1,000) gallons over allocation. (2)Customers whose allocation is twenty-one thousand (21,000) gallons per month or more: a. One (1) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 14 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city) to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage 4. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2) or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000) gallons times the number of dwelling units or more two (2) or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000) gallons or more two (2) or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers, after the second disconnection, water service shall be restored within twenty-four (24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer, water service shall not be restored until the city re-enters a level of water conservation less than Stage 3. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8)The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 15 (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty (30) days, but a variance of two (2) days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city -provided application for exemption/variance with the city water department within five (5) days after a particular drought response stage has been invoked. All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s) of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. 16 (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three (3) business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city manager within five (5) business days from issuance of denial. The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156 (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. - Violations, penalties, and enforcement. (a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. 17 (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. 18 (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00) per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000) gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant, designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendents designee. b. Prior to receiving a permit, the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. 19 g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter) in the amount of three hundred thousand dollars ($300,000.00) per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. (g) Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water -tight and shall be so closed during transport of effluent water; and shall be maintained in a leak -proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed -site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)], consistent throughout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. 20 (7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. (8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. (9) By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in any way related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10 -point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2.Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(p.m.)]. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. (i) Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. 21 (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Sec. 55-158. - Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty (30) per cent of capacity. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in section 55-152 for Stage 3 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. 22 (3) The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c. Three (3.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half (3.5) times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. 23 (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance. b. Variances granted shall expire when the pro -rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Section 2. That the Drought Contingency Plan adopted by Ordinance No. 029846 be amended to reflect the changes to Section 55-152 and Section 55-153, and the amended Drought Contingency Plan be filed of record with the City Secretary's office. City staff is directed to submit the amended drought plan to the Texas Commission on Environmental Quality and as 24 required by law. Staff is directed to submit a copy of this ordinance to wholesale water customers. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect on date of publication. Section 4. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 25 CITY OF CORPUS CHRISTI DROUGHT CONTINGENCY PLAN 2015 'Wale ; ;2,:• ,:4.,1w-otir- • - .111 _ , , ',4 , ,, % i i 4r 0 ' • ' Y , , , • ,,,''',., ., Vy \ , - . ' ''',.,'! \ 't; , 'i \ - .f 1 I ; ,.1 •:0 ' \ . .„,.1 • ' 4. ri ' , --------V;;1` 't,,71 'f'` ‘,‘',/ , 'f ------*--4--.S-` t1'N I , -. 1 Table of Contents 1. Introduction 1 2. Declaration of Policy, Purpose, and Intent 1 3. Public Education 2 4. Coordination with Regional Water Planning Groups 2 5. Authorization 2 6. Application 3 7. Definitions 3 8. Criteria for Initiation and Termination of Drought Response Stages 4 8.1 Stage 1— Mild Water Shortage Watch 5 8.2 Stage 2 — Moderate Water Shortage Condition 5 8.3 Stage 3 — Severe Water Shortage Condition 5 8.4 Stage 4 — Critical Water Shortage Condition 5 8.5 Stage 5 — Emergency Water Shortage Condition 5 9. Drought Stages Response Notification 6 10. Drought Stage Best Management per Stage 7 10.1. Stage 1 — Mild Water Shortage Watch 7 10.2. Stage 2 — Moderate Water Shortage Conditions 7 10.3. Stage 3 — Severe Water Shortage Conditions 8 10.4. Stage 4 — Critical Water Shortage Conditions 10 10.5. Stage 5 — Emergency Water Shortage Conditions 11 11. Surcharges for Drought Stages 4-5 and Service Measures 12 12. Requests for Exemptions and Variances. 18 13. Enforcement 19 14. Variances 20 15. Severability 20 16. Wholesale Drought Contingency Plan 21 16.1 Declaration of Policy, Purpose and Intent 21 16.2 Public and Wholesale Customer Involvement 21 16.3 Wholesale Customer Education 21 16.4 Coordination with Regional Planning Groups 21 16.5 Authorization 21 16.6 Application 22 16.7 Triggering Criteria or Initiation and Termination of Drought Response Stages 22 16.8 Drought Response Stages 23 16.9 Pro Rata Water Allocation 27 16.10 Pro Rata Surcharges and Enforcement 28 16.11 Variances 28 16.12 Severability 29 16.13 Reservation System Operating Plan 29 Appendices Ordinance Adopting DCP and WCP 31 TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary 57 Reservoir Operating Plan 69 Drought Contingency Plan 1. Introduction This document is the Drought Contingency Plan (DCP) for the City of Corpus Christi (City). This DCP was created so that the City can cut back demand when supplies are low so the residents have enough water to make it through a drought. This DCP clearly explains the triggers initiated by a drought and the steps to be taken during each stage of a drought. There is also information in this DCP which explains the steps to be taken in a water emergency, such as when supplies are cut off or contaminated. This DCP is different from the Water Conservation Plan (WCP) because it only takes effect when there are drought conditions. The WCP is a year-round guide, regardless of the drought conditions, and contains several regular best management practices. The DCP has been prepared in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.20 for Municipal Uses by Public Water Suppliers. Since the City serves wholesale water customers, a Drought Contingency Plan for Wholesale Water Suppliers has also been included in Section 16 in accordance with Texas Administrative Code Title 30 Chapter 288 Subchapter B Rule §288.22. 2. Declaration of Policy and Reason In order to conserve the available water supply, to protect the integrity of water supply facilities with particular regard for domestic water use, sanitation, and fire protection, to protect and preserve public health, welfare, and safety, and to minimize the adverse impacts of water - supply shortage or other water -supply emergency conditions, the City hereby adopts the following regulations and restrictions on the delivery and consumptions of water. The Water Resource Management Ordinance which gives the City the authority to regulate and enforce this DCP is included as a supporting document. Water uses regulated or prohibited under this DCP are considered to be non-essential, and continuation of such uses during times of water shortage or other emergency water -supply conditions are deemed to constitute a waste of water, which subjects the offender(s) to penalties as defined in Section 13 of this DCP. Since the City first started supplying its residents with water in the 1890s, the region has experienced several periods of drought. Over the years, supplies have been added and conservation measures have been strengthened to ensure water security for the residents and businesses of the region. However, with the variability of weather patterns in South Texas and a continually growing population, it is critical that the City plans for future drought conditions. Currently, the City's water supply system is comprised of three reservoirs: Lake Corpus Christi, Choke Canyon Reservoir and Lake Texana. However, the criteria to trigger drought response stages are based on the combined capacity of Lake Corpus Christi and Choke Canyon 1 Reservoir. (See Section 8). Since Choke Canyon Reservoir filled in June 1987, the combined storage of Choke Canyon Reservoir and Lake Corpus Christi has exceeded 60% capacity only about 62% of the time. The water storage levels in Choke Canyon Reservoir and Lake Corpus Christi have generally been 2-4% higher since Lake Texana supplies were added in October 1998. Because of the frequency of drought in South Texas, the following DCP has been developed. This DCP adopts measures that will dramatically cut water consumption in order to conserve water supplies. 3. Public Education A public meeting to receive comments on the DCP was held at the City Council regular meeting on June 23, 2015. The City will periodically provide the public with information about the DCP, including information about the conditions under which each stage of the DCP is to be initiated or terminated, and the drought response measures to be implemented in each stage. This information will be provided by utility bill inserts, notices in the Corpus Christi Caller -Times, and notice on the City's website (www.cctexas.com). Notification to the public about when drought stages go into effect or when restrictions are lifted is explained in more detail in Section 9. 4. Coordination with Regional Water Planning Groups The service area of the City of Corpus Christi is located within the Coastal Bend Regional Water Planning Area (Region N) and the City has provided a copy of this DCP to Region N in care of the Nueces River Authority. The City of Corpus Christi shall review and update, as appropriate, the DCP at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 5. Authorization The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of the DCP upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency responses as described in this DCP. However, the City Manager, in the exercise of the City Manager's discretion, may initiate 2 or terminate any stage when the City Manager deems necessary at any particular time. The City Manager shall notify the members of the City Council before implementing any measures. 6. Application The provisions of this DCP shall apply to all persons, customers, and property utilizing water provided by the City of Corpus Christi. The terms "person" and "customer" as used in the DCP include individuals, corporations, partnerships, associations, and all other legal entities. 7. Definitions For the purposes of this Chapter in this DCP, the following definitions shall apply: Aesthetic water use: water use for ornamental or decorative purposes such as fountains, reflecting pools, and water gardens. Commercial and institutional water use: water use which is integral to the operations of commercial, non-profit establishments and governmental entities such as retail establishments, hotels and motels, restaurants, and office buildings. Conservation: those practices, techniques, and technologies that reduce the consumption of water, reduce loss or waste of water, improve the efficiency in the use of water, or increase the recycling and reuse of water so that a supply is conserved and made available for future or alternative uses. Contract (end-user) water customers: a private entity that has a contract with the City to receive raw or treated water supplies for its sole use (i.e. does not resell to other users). Customer: any person, company, or organization using water supplied by the City of Corpus Christi and paying a retail water bill. Domestic water use: water use for personal needs or for household or sanitary purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business, industry, or institution. Industrial water use: the use of water in processes designed to convert materials of lower value into forms having greater usability and use. Institutional water use: the use of water by an establishment dedicated to public service, such as a school, university, church, hospital, nursing home, prison, or government facility. All facilities dedicated to public service are considered institutional regardless of ownership. Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas, whether publicly or privately owned, including residential and commercial lawns, gardens, golf courses, parks, rights-of-way, and medians. 3 Non-essential water use: water uses that are not essential or not required for the protection of public, health, safety, and welfare, including: • irrigation of landscape areas, including parks, athletic fields, and golf courses, except as otherwise provided under this DCP; • use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle; • use of water to wash down any impervious cover including sidewalks, walkways, driveways, parking lots, tennis courts, or other hard -surfaced areas; • use of water to wash down buildings or structures for purposes other than immediate fire protection or health reasons; • flushing gutters or permitting water to run or accumulate in any gutter or street; • use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -type pools; • use of water in an aesthetic feature including fountain or pond except where necessary to support aquatic life; • failure to repair a controllable leak(s) within a reasonable period after having been given notice directing the repair of such leak; and • use of water from hydrants for construction purposes or any other purposes other than fire fighting or flushing needed to maintain chlorination levels and protect public health. Reservoir Capacity: the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, as measured in percentage of the full combined volume. Wholesale customers: any public or private utility that has a contract with the City to receive raw or treated water supplies and authority (through contracts) to resell this water to other users. 8. Criteria for Initiation and Termination of Drought Response Stages The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the DCP, that is, when the specified "triggers" are reached. However, the City Manager, in the exercise of the City Manager's discretion, may initiate or terminate any stage when the City Manager deems necessary at any time. This section explains the triggers of each stage. Best management practices and water use restrictions for each drought stage are described in Section 10. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi, based on the TCEQ 2001 Agreed Order (amended April 17, 2001) relating to inflows into Nueces Bay and Estuary. The full Agreed Order is in the Appendix. 4 8.1. Stage 1 — Mild Water Shortage Watch Requirements for initiation — Customers shall be requested to voluntarily conserve water and adhere to prescribed restrictions on certain water used at all times, regardless of lake levels. Requirement for termination — Stage 1 of the DCP is always in effect, so there is no termination. 8.2. Stage 2 — Moderate Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses described in Section 10 when the combined storage level declines to below 80 percent. Requirement for termination — Stage 2 of the DCP may be rescinded when the combined storage level increases above 90 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. 8.3. Stage 3 — Severe Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 3 of this DCP when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the DCP may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. 8.4. Stage 4 — Critical Water Shortage Condition Requirements for initiation — Customers shall be required to comply with the requirements and restrictions on certain non-essential water uses for Stage 4 of the DCP when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the DCP may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. 8.5. Stage 5 — Emergency Water Shortage Condition Requirements for initiation — Customers shall be required to comply with requirements and restrictions for Stage 5 of this DCP when the City Manager, or designee, determines that a water supply emergency exists based on: 5 • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or • Water production or distribution system limitations; or • Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City Manager, or designee, deems appropriate. 9. Drought Stages Response Notification The City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and, in accordance with the triggering criteria set forth in Section 8 of this Chapter, shall determine that a mild, moderate, severe, critical, or emergency water shortage condition exists and shall implement the following notification procedures. Notification of the Public: The City Manager, or designee, shall notify the public for every change in drought stage status by any or all of the following: • City's website (www.cctexas.com) • Publication in the Corpus Christi Caller -Times • Notice on the monthly billing • Public Service Announcements • Signs posted in public places Additional Notification: The City Manager, or designee shall, at a minimum, notify directly, or cause to be notified directly, the following individuals and entities for every change in drought stage status: • Mayor and members of the City Council • Fire Chief • City and/or County Emergency Management Coordinator • County Judge and Commissioner(s) • Major water users (such as industries) • Critical water users (such as hospitals) • Parks/street superintendents and public facilities managers • Texas Commission on Environmental Quality (TCEQ) — note TCEQ executive director MUST be informed within five (5) business days of mandatory water use restrictions being imposed 6 10. Drought Best Management Practices per Stage A summary of water use reduction targets for each drought stage response is presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is included below. During Stages 2, 3, and 4, requests for exceptions may be presented to the Executive Director of Utilities or designee. Drought Stage Response CCR/LCC Combined Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild Always in effect Not Applicable Stage 2- Moderate <80% 10% Stage 3- Severe <30% 15% Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% 10.1. Stage 1 Response — MILD Water Shortage Watch Target: Because Stage 1 is always in effect, the water use in this stage will be the basis for reduction targets in more severe drought stages. Best Management Practices for Supply Management: The City will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for non -potable uses to the greatest extent possible. The City will prioritize sources of supply not impacted by drought conditions, when available, including interruptible supplies from Lake Texana during times when Lake Texana water level is at or above 43 feet mean sea level in accordance with Lavaca-Navidad River Authority (LNRA) contract. Water Use Restrictions for Reducing Demand (a) Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The City Manager, or designee, will determine the watering schedule. (b) All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the DCP. (c) Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. 10.2. Stage 2 Response — MODERATE Water Shortage Conditions Target: During Stage 2, achieve a 10% reduction in daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: 7 In addition to the best management practices for supply management listed under Stage 1, the City will also do the following during Stage 2: • Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and • City crews (Water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. Water Use Restrictions for Demand Reduction Under threat of penalty for violation, the following water use restrictions shall apply to all persons during Stage 2: a) Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day in accordance with Section 9. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the City Utilities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Utilities Department. c) Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure, the facility shall not be subject to these regulations. d) The use of water to maintain integrity of building foundations is limited to designated watering days and is only permitted by use of hand-held hose or drip irrigation. 10.3. Stage 3 Response — SEVERE Water Shortage Conditions Target: During Stage 3, achieve a 15% reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. Best Management Practices for Supply Management: 8 In addition to the best management practices for supply management listed under Stage 2, the City will also do the following during Stage 3: • Eliminate the flushing of water mains unless required for decontamination and/or public safety; and • Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a) Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the City Manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the Executive Director of Utilities or designee, for the following uses: new plantings (for up to 60 days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the City Utitlities Department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b) The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Utilities Department infrastructure or done by means of hand-held hoses, hand- held buckets, or drip irrigation. Optional Measures: During Stage 3, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 9 10.4. Stage 4 Response — CRITICAL Water Shortage Conditions Target: During Stage 4, achieve a 30% or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in Section 11 for retail customers and Section 16.10 for wholesale customers. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 3, the City will also do the following during Stage 4: • Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. Water Use Restrictions for Demand Reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a) Irrigation of landscaped areas shall be prohibited at all times. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash stations and not in the immediate interest of public health, safety, and welfare is prohibited. c) The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi -type pools, and water parks (unless non -city, alternative source) is prohibited. d) The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e) All fountains shall only operate to circulate water in order to maintain equipment. Optional Measures: During Stage 4, the following measures are optional water use restrictions that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. 10 b) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 10.5. Stage 5 Response — EMERGENCY Water Shortage Conditions Target: During Stage 5, achieve a 50% or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in Section 13. During emergency conditions such as system outage or supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the City Manager or designee. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the City, under the City Manager or designee's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the City, under the City Manager's direction, will cease pumping from the Mary Rhodes Pipeline. Best Management Practices for Supply Management: In addition to the best management practices for supply management listed under Stage 4, the City will also do the following: • Call the 10 largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. Water Use Restrictions for Demand Reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a) Irrigation of landscaped areas is absolutely prohibited. b) Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c) Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. 11 Optional Measure: During Stage 5, the following measure is an optional water use restriction that may be implemented by the City Manager, or designee, with City Council approval, as conditions warrant: a) For residential and multi -unit customers, a drought surcharge of up to and including 100% of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use, as explained in Section 11. 11. Surcharges for Drought Stages 3 — 5 and Service Measures (a) General 1. The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The City Council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. 2. This section, and the surcharges and measures adopted herein are an exercise of the City's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. 3. With City Council approval, the City Manager is authorized to determine trigger points or allocations and surcharges during Stages 3, 4, and 5 Emergency Water Shortage conditions. 4. In this section, institutional customer means city utility customer which operates as a not-for-profit entity. 5. A customer may appeal an allocation or drought surcharge triggering point established under this Section to the Executive Director of Utilities or designee on grounds of unnecessary hardship, through the process outlined in Section 12. 6. Drought surcharge funds will first be applied towards annual debt service as reflected in the City operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to City Council for City Council direction. (b) Residential water customers, who are not billed through a master water meter. 1. A monthly base amount of 3,000 gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. 2. Above the 3,000 gallon consumption trigger point, with City Council Approval, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 12 (c) Residential customers who are billed from a master water meter. 1. Once Stage 2 condition has been declared, property managers of multi - tenant units shall notify the City Executive Director of Utilities of the number of residential units in their facility for determination of allocations. Until so notified, the City shall calculate the allocation based on two residential units per master water meter. A monthly base amount of 3,000 gallons shall be established as a trigger point for each residential unit. 2. When consumption for the month is less than or equal to 3,000 gallons times the number of residential units, there will be no surcharge. 3. With City Council approval, when consumption is above the 3,000 gallons times the number of units, a drought surcharge shall be added up to and including 100% of the customer's total monthly water bill over the allocation. 4. The customer is responsible for passing the demand charge onto the tenant. (d) Commercial or institutional customer 1. A monthly water usage allocation shall be established by the City Manager or designee for each commercial or institutional customer. 2. Method of establishing allocation: a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the commercial or institutional customer's allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during previous 12 months prior to the implementation of Stage 2. b. If the customer's billing history is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, 90 percent of whose monthly usage is less than 6,000 gallons, shall be allocated 6,000 gallons. d. The City Manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, 13 (1) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (2) if other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use water for processing. 1. A monthly water usage allocation shall be established by the City Manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). 2. Method of establishing allocation. a. When the combined reservoir capacity is less than 20% of total capacity (Stage 4), the industrial customer allocation shall be 90 percent of the customer's usage for the corresponding month's billing period during the previous 12 months prior to the implementation of Stage 2 b. If the customer's billing history is shorter than 12 months, the monthly allocation shall be 1/12 of 90% of the customer's maximum annual contracted amount until 12 months of billing history are established. However if the industrial customer does not have a water contract and does not have at least 12 months of billing history, then the new industrial customer will provide data regarding expected water use and City will determine allocation based on 90% of expected use to determine initial allocation until 12 months of billing history are established. c. The City Manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the customer or at the initiative of the City Manager, the allocation may be reduced or increased, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had shut down a major processing unit for overhaul during the period. 14 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. Commercial, institutional, and industrial customers shall pay the following surcharges: 1. Customers whose allocation is 6,000 gallons through 20,000 gallons per month: a. $5.00 per 1,000 gallons for the first 1,000 gallons over allocation. b. $8.00 per 1,000 gallons for the second 1,000 gallons over allocation. c. $16.00 per 1,000 gallons for the third 1,000 gallons over allocation. d. $40.00 for each additional 1,000 gallons over allocation. 2. Customers whose allocation is 21,000 gallons per month or more: a. One times the block rate for each 1,000 gallons in excess of the allocation up through 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 gallons from 10 percent through 15 percent above allocation. d. Ten times the block rate for each 1,000 gallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per 1,000 gallons at the regular water rate schedule at the level of the customer's allocation. 15 (g) Nonresidential customer is billed from a master meter. 1. When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this DCP to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the City). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the City) to the extent reasonable and practical under the circumstances. (h) Water service to the retail water customer may be terminated under the following conditions: 1. Monthly residential water usage exceeds allocation by 4,000 gallons or more two or more times for any individual month after the implementation of Stage 4. Also, the two months need not be consecutive months. 2. Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds allocation by 4,000 gallons times the number of dwelling units or more two or more times (which need not be consecutive months). 3. Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons through 20,000 gallons exceeds its allocation by 7,000 gallons or more two or more times (which need not be consecutive months). 4. Monthly nonresidential water usage for a customer whose allocation is 21,000 gallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). 16 5. For residential customers and nonresidential customers whose allocation does not exceed 20,000 gallons, after the first disconnection water service shall be restored upon request for a fee of $50. 6. For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. 7. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. 8. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. 9. For nonresidential customers whose allocation is 21,000 gallons per month or more: a. After the first disconnection water service shall be restored upon request for a fee in the amount of "X" in the following formula: X = $ 50 x Customer's Allocation in gallons / 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Stage 3. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: 1. The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 2. A sworn statement may be required of the customer. 3. This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system 17 and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. 1. The goal for the length of such period is 30 days, but a variance of two days, more or less, will necessarily exist as to particular meters. 2. If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. 12. Requests for Exemptions and Variances (a) The Executive Director of Utilities or designee may, in writing, grant a temporary variance to any of the provisions for water users found in this DCP upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this Ordinance shall file request on City -provided application for exemption/variance with the City Utilities Department within 5 days after a particular drought response stage has been invoked. All request forms shall be reviewed by the Executive Director of Utilities or designee, and shall include the following: 1. Name and address of the water user(s). 2. Purpose of water use. 3. Specific provision(s) of the Ordinance from which the water user is requesting relief. 4. Detailed statement as to how the specific provision of the Ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this DCP. 5. Description of the exemption requested 6. Period of time for which the exemption is sought. 7. Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this DCP and the compliance date. 8. Other pertinent information; or as required on permit application 18 (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this DCP occurring prior to the issuance of the exemption/variance. (d) The Executive Director of Utilities or designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this DCP if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this DCP will result in unnecessary hardship, and so that the spirit of this DCP shall be observed and substantial justice done. (e) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the Executive Director of Utilities or designee for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (f). A person denied request for permit or exception from these rules may appeal the decision to the Assistant City Manager for Public Works, Utilities and Transportation by submitting written request for appeal to the Assistant City Manager within five business days from issuance of denial. The decision of the Assistant City Manager shall be final. (g) Violations of any permit conditions may be enforced under Section 13. 13. Enforcement (a) A violation under this article is a Class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by Section 6.02 of the Texas Penal Code is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be 19 presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. 14. Variances A temporary variance for existing water uses otherwise prohibited under this DCP may be obtained through the process outlined in Section 12. 15. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this DCP are severable and, if any phrase, clause, sentence, paragraph, or section of this DCP shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this DCP, since the same would not have been enacted by the City without the incorporation into this DCP of any such unconstitutional phrase, clause, sentence, paragraph, or section. 20 16. Wholesale Drought Contingency Plan 16.1 Declaration of Policy, Purpose, and Intent In order to conserve the available water supply and/or to protect the integrity of water supply facilities, with particular regard for domestic water use, sanitation, and fire protection, and to protect and preserve public health, welfare, and safety and minimize the adverse impacts of water supply shortage or other water supply emergency conditions, the City of Corpus Christi (City) adopts the following Wholesale Drought Contingency Plan (the Plan). 16.2 Public and Wholesale Customer Involvement The public was invited to view and make comments on the Plan during the regular meeting of City Council on June 23, 2015 at City Hall. The Plan was adopted under the open meetings requirement of the TCEQ during the July 14, 2015 City Council meeting. 16.3 Wholesale Water Customer Education The City will periodically provide wholesale customers with information about the Plan, including information about conditions under which each stage of the Plan is to be initiated or terminated and drought response measures to be implemented in each stage. This information will be distributed by providing a copy of the Plan to each wholesale water customer. 16.4 Coordination with Regional Water Planning Groups The water service area of City of Corpus Christi and its wholesale water customers is located within the Coastal Bend Planning Region (Region N) and the City has provided a copy of the Plan to Region N. The City of Corpus Christi shall review and update, as appropriate, the drought contingency plan at least every five years based on new or updated information, such as the adoption or revision of the regional water plan. 16.5 Authorization The City of Corpus Christi City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. Wholesale customers are subject to the plan under their contracts with the City. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan. The City Manager shall notify the TCEQ within five (5) business days of any mandatory water use restrictions being enacted. 21 16.6 Application The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. The terms "person" and "customer" as used in the Plan include individuals, corporations, partnerships, associations, and all other legal entities. The provisions of this Plan shall apply to all customers utilizing water provided by the City on a wholesale basis. Every wholesale water contract entered into, renewed or modified after official adoption of this Plan (by either ordinance, resolution, or tariff) shall include language relating to the City of Corpus Christi Water Conservation Plan and Drought Contingency Plan, adopted under Ordinance Number 55-151 to impose similar restrictions, surcharges or rationing measures on their customers. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement outdoor watering restrictions similar to those of the City for each drought response stage. The City requires that any contract for the resale of water furnished to wholesale water contractors shall contain a similar condition. 16.7 Triggering Criteria for Initiation and Termination of Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan. Customer notification of the initiation or termination of drought response stages will be made by email, mail, or telephone. The news media will also be informed by the City. The triggering criterion to be monitored for determining drought response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. The combined storage levels selected are based on the TCEQ 2001 Agreed Order on Freshwater Inflows to the Nueces Bay and Estuary (amended April 17, 2001). See Appendix. The triggering criterions in this section are minimum standards for initiation and maximum standards for termination, and the City Manager, or designee, can initiate or terminate each stage when conditions warrant. (a)Stage 1 — MILD Water Shortage Watch Requirements for initiation — Stage 1 is always in effect. Requirement for termination — Because Stage 1 is always in effect, there is no termination. (b)Stage 2 — MODERATE Water Shortage Condition Requirements for initiation — The City will recognize that a moderate water shortage condition exists when the combined storage level declines below 80 percent. Requirement for termination — Stage 2 of the Plan may be rescinded when the combined storage level increases above 90 percent for a period of 15 consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 2 in the same manner as the notification of initiation of Stage 1 of the Plan. (c)Stage 3 — SEVERE Water Shortage Condition 22 Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 30 percent. Requirement for termination — Stage 3 of the Plan may be rescinded when the combined storage level increases above 40 percent for a period of 15 consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 3. (d)Stage 4 — CRITICAL Water Shortage Condition Requirements for initiation — The City will recognize that a severe water shortage condition exists when the combined storage levels declines to below 20 percent. Requirement for termination — Stage 4 of the Plan may be rescinded when the combined storage level increases above 30 percent for a period of 15 consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. The City will notify its wholesale customers and the media of the termination of Stage 4. (e)Stage 5 — EMERGENCY Water Shortage Condition Requirements for initiation — The City will recognize that an emergency water shortage condition exists when any of the following occur: i. A major water line breaks, or pump or system failures occur, which cause unprecedented loss of capability to provide water service; or ii. Water production or distribution system limitations; or iii. Natural or man-made contamination of the water supply source occurs. Requirement for termination — The emergency water shortage condition may be rescinded when the City of Corpus Christi City Manager, or designee, deems appropriate. The City will notify its wholesale customers and the media of the termination of emergency shortage condition in the same manner as the notification of initiation of Stage 1 of the Plan. 16.8 Drought Response Stages The City of Corpus Christi City Manager, or designee, shall monitor water supply and/or demand conditions and, in accordance with the triggering criteria set forth in Section 16.7, shall determine that mild, moderate, or severe water shortage conditions exist or that an emergency condition exists and shall implement best management practices accordingly. For water contracts between the City and wholesale customers with specific reductions based on stage, wholesale water customers are to implement measures to achieve water use reduction targets specified in the contract. For other contracts, required adoption of a Drought Contingency Plan should strive to achieve the water use reduction targets for each drought stage response presented in the following table. Further discussion on best management practices and implementation practices associated with each stage of response is described below. Drought Stage Response Reservoir Storage Level Target Demand Reduction Levels Stage 1- Mild Always in effect Not Applicable Stage 2- Moderate <80% 10% Stage 3- Severe <30% 15% 23 Stage 4- Critical <20% 30% Stage 5- Emergency Not Applicable 50% Stage 1 — MILD Water Shortage Conditions Target: Because Stage 1 is always in effect, the water use in this stage will be the basis for reduction targets in more severe drought stages. Best Management Practices for Supply Management: • The City will voluntarily coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from gates or outlet works. • The City will encourage each wholesale water customer to utilize alternative water sources voluntarily such as interconnections with another water system, temporary use of a water supply other than from the City's system, or use of reclaimed water for non -potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate voluntary measures to reduce water use (e.g. implement Stage 1 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Stage 2 — MODERATE Water Shortage Conditions Target: Achieve a 10 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non -potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will initiate contact with wholesale water customers to discuss water supply and/or demand conditions and the possibility of pro rata curtailment of water diversions and/or deliveries. • The City of Corpus Christi City Manager, or designee, will request wholesale water customers to initiate mandatory measures to reduce non-essential water use (e.g. implement Stage 2 of the customer's drought contingency plan). • The City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, 24 projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 40 percent of its conservation pool volume, and that a Stage 2 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 2 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 3 — SEVERE Water Shortage Conditions Target: Achieve a 15 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non -potable purposes, etc. Water Use Measures for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 3 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate preparations for the implementation of pro rata curtailment of water diversions and/or deliveries in accordance with Texas Water Code §11.039 by preparing a monthly water usage allocation baseline for each wholesale customer according to procedures specified in 16.9 of the Plan. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 30 percent of its conservation pool volume, and that a Stage 3 Drought Response level has been declared. The City 25 will recommend that operators post information to the public regarding Stage 3 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 4 — CRITICAL Water Shortage Conditions Target: Achieve a 30 percent reduction in daily water demand for each wholesale customer utilizing City's water supply system. Best Management Practices for Supply Management: • The City will coordinate with the necessary agencies to ensure that unnecessary releases of water from the Reservoir System are minimized, including leakage from project gates. • The City will encourage each wholesale water customer to utilize alternative water sources such as interconnections with another water system, temporary use of a water supply other than from the City's system, use of reclaimed water for non -potable purposes, etc. Water Use Restrictions for Reducing Demand: • The City of Corpus Christi City Manager, or designee, will contact wholesale water customers to discuss water supply and/or demand conditions and will request that wholesale water customers initiate additional mandatory measures to reduce non-essential water use (e.g. implement Stage 4 of the customer's drought contingency plan). • The City of Corpus Christi City Manager, or designee, will initiate pro rata curtailment of water diversions and/or deliveries for each wholesale customer according to the procedures specified in Section 16.9 of the Plan in accordance with Texas Water Code §11.039. • The City of Corpus Christi City Manager, or designee, will provide a regular report to the news media with information regarding current water supply and/or demand conditions, projected water supply and demand conditions if drought conditions persist, and consumer information on water conservation measures and practices. Other Actions to be Taken: • The City will notify, in writing, operators of recreational facilities to consider issuance of signs near boat ramps and in public parks notifying the public that the Reservoir System is operating at less than 20 percent of its conservation pool volume, and that a Stage 4 Drought Response level has been declared. The City will recommend that operators post information to the public regarding Stage 4 of the Drought Contingency Plan and possible boating safety hazards due to decreasing Reservoir levels. Stage 5 — EMERGENCY Water Shortage Conditions 26 Whenever emergency water shortage conditions exist as defined in Section 16.7 of the Plan, the City of Corpus Christi City Manager, or designee, shall: • Assess the severity of the problem and identify the actions needed and the time required to solve the problem. • Inform the utility director or other responsible official of each wholesale water customer by telephone, email, or in person and suggest actions, as appropriate to alleviate problems (e.g., notification of the public to reduce water use until service is restored). • If appropriate, notify city, county, and/or state emergency response officials for assistance. • Undertake necessary actions, including repairs and/or clean-up as needed. • Prepare a post -event assessment report on the incident and critique of emergency response procedures and actions. 16.9 Pro Rata Water Allocation In the event that the triggering criteria specified in Section 16.7 of the Plan for Stage 4 have been met, the City of Corpus Christi City Manager, or designee, is hereby authorized to implement allocation of water supplies on a pro rata basis to raw water and treated wholesale customers in accordance with Texas Water Code §11.039. The initiation of pro rata allocation preparations shall begin during Stage 3. A provision will be included in every wholesale water contract entered into or renewed after adoption of the plan, including contract extensions, that in case of a shortage of water resulting from drought, the water to be distributed shall be divided in accordance with Texas Water Code §11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the City Manager, or the City Manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3) The City Manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage 27 allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the City Manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. 16.10 Pro Rata Surcharges and Enforcement During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: • 2.0 times the normal water rate per unit in excess of the monthly allocation up through 5 percent above the monthly allocation. • 2.5 times the normal water rate in excess of the monthly allocation from 5 percent through 10 percent above the monthly allocation. • 3.0 times the normal water rate in excess of the monthly allocation from 10 percent through 15 percent above the monthly allocation. • 3.5 times the normal water rate more than 15 percent above the monthly allocation. 16.11 Variances The City Manager, or designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this Plan if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety and if one or more of the following conditions are met: (1) Compliance with this Plan cannot be technically accomplished during the duration of this water supply shortage or other condition for which the Plan is in effect. (2) Alternative methods can be implemented which will achieve the same level of reduction in water use. Persons requesting an exemption from the provisions of this Plan shall file a petition for variance with the City Manager within 5 days after pro rata allocation has been invoked. All 28 petitions for variances shall be reviewed by the City Manager, or designee, and shall include the following: (1) Name and address of the petitioner(s). (2) Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in the Plan adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this Ordinance. (3) Description of the relief requested. (4) Period of time for which the variance is sought (5) Alternative measures the petitioner is taking or proposes to take to meet the intent of this Plan and the compliance date. (6) Other pertinent information. Variances granted by the City shall be subject to the following conditions, unless waived or modified by the City. (1) Variances granted shall include a timetable for compliance with allocation requirements. (2) Variances granted shall expire when the Plan is no longer in effect, unless the petitioner has failed to meet specified requirements. No variance shall be retroactive or otherwise justify any violation of this Plan occurring prior to the issuance of the variance. 16.12 Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. 16.13 Reservoir System Operating Plan Because all of the wholesale customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Attachment C. 29 30 Ordinance amending City Code of Ordinances, Sections 55-152 and 55-153, Water Resource Management, to revise drought contingency triggers for Stage 1 and Stage 2 and drought best management practices; and authorizing amendment to the Drought Contingency Plan approved by Ordinance No. 029846 to reflect changes to Sections 55-152 and 55-153. Section 1. The Corpus Christi Code of Ordinances, Chapter 55, Utilities, Article XII Water Resource Management, Section 55-152 and 55-153, is amended, with the new text shown in underlined redline text, and the deleted text shown in redline strike through text, as follows: ARTICLE XII WATER RESOURCE MANAGEMENT Sec. 55-150. - Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan and Drought Contingency Plan 2013, dated May 28, 2013 as amended by ordinance, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) Declaration of policy. (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d) Definitions. The following terms used in this article are defined as follows: (1) "City manager" means the city manager or the city manager's designee. (2) "Drip irrigation" means an irrigation system that applies water at a controlled low -flow levels directly to the soil. 31 (3) "Fountain" means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4) "Industrial customers use of water for processing" means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5) "Non-essential purpose" means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-151. - Water conservation measures at all times. (a) The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1) Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a. Allow water to run off property into gutters or streets. b. Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out -of -repair water closets, underground leaks, defective or leaking faucets and taps. c. Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the city water system. d. Use any non -recycling decorative water fountain. e. Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f. Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2) Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Stage 4 Drought. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3) Restaurant water saving: Commercial dining facilities must only serve water upon request. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26-2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) 32 Sec. 55-152. - Drought management: Drought contingency stages. (a) The level of drought severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of drought in the form of stages: (1) Stage 1: Mild water shortage conditionwatch. (2) Stage 2: Moderate water shortage condition. (3) Stage 3: Severe water shortage condition. (4) Stage 4: Critical water shortage condition. (5) Stage 5: Emergency water shortage condition. (b) Criteria for initiation and termination of drought response stages: (1) The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2) The triggering criterion to be monitored for determining drought response stages is: (1) the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi; or (2) in the alternative for Stage 1, Lala Tcxana's level. (3) Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4) To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c) The triggering criterions are as follows: (1) Stage 1 - Mild Water Shortage ConditionWatch: Requirements for initiation The combined storage level of Choke Canyon Reservoir and Lake Corpus Christi dcclincs below fifty (50) per cent or Lala Tcxana storage level dcclincs below forty (10) per cent. This stage is always in effect. Requirement for termination Stage 1 of the plan may be rescinded when the combined storage level of Choke Canyon Reservoir and Lake Corpus Christi increases above sixty (60) per cent or Lala Tcxana storage level increases above fifty (50) per cent. Either of these conditions must exist for a period of fifteen (15) consecutive days before termination of Stage 1.This stage is always in effect. 33 (2) Stage 2 - Moderate Water Shortage Condition: Requirements for initiation - The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below forty (48 80) per cent. Requirement for termination - Stage 2 of the plan may be rescinded when the combined storage level increases above €rft ninety (58 90) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 2, Stage 1 becomes operative. (3) Stage 3 - Severe Water Shortage Condition: Requirements for initiation - The combined storage levels declines to below thirty (30) per cent. Requirement for termination - Stage 3 of the plan may be rescinded when the combined storage level increases above forty (40) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 3, Stage 2 becomes operative. (4) Stage 4 - Critical Water Shortage Condition: Requirements for initiation - The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty (20) per cent. Requirement for termination - Stage 4 of the plan may be rescinded when the combined storage level increases above thirty (30) per cent for a period of fifteen (15) consecutive days. Upon termination of Stage 4, Stage 3 becomes operative. (5) Stage 5 - Emergency Water Shortage Condition: Requirements for initiation - When the city manager, or designee, determines that a water supply emergency exists based on: • A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or •Water production or distribution system limitations; or •Natural or manmade contamination of the water supply source occurs. Requirement for termination - The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-153. - Drought management: Drought best management practices per stage. (a) In order to achieve water use reduction during drought, a series of best management practices will be enacted and enforced at each stage of a drought. These best management practices (BMP) are listed below 34 by stage. During Stages 2, 3, and 4, requests for exceptions may be presented to the director of water operations or his designee. (b) Stage 1 response - Mild water shortage conditions.watch. (1) Target: Because Stage 1 is always in effect, the water use in this stage will be the basis for reduction targets in more severe drought stagesAchicvc a voluntary five (5) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below (2) Best management practices for supply management: The city will enact voluntary measures to reduce or discontinue the flushing of water mains if practicable and utilize reclaimed water for nonpotable uses to the greatest extent possible. (3) Water use restrictions for reducing demand: a. Water customers are requested to voluntarily limit the irrigation of landscaped areas to once per week. The watering schedule will be determined by the city manager or designee. b. All operations of the City of Corpus Christi shall adhere to water use restrictions prescribed for Stage 2 of the plan. c. Water customers are requested to practice water conservation and to minimize or discontinue water use for non-essential purposes. (c) Stage 2 response - Moderate water shortage conditions. (1) Target: During Stage 2, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 1, the city will also do the following during Stage 2: a. Use more repair crews if necessary to allow for a quicker response time for water -line leak repair; and b. City crews (water and other departments) begin monitoring customers' compliance with Stage 2 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 2: a. Irrigation of landscaped areas with hose -end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of 35 five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other vehicle is prohibited except on designated watering days. However, washing of boats and/or flushing of boat motors is permitted upon immediate exit of water body. Such washing, when allowed, shall be done with a hand held bucket or a hand held hose equipped with a positive shutoff nozzle for quick rinses,. Vehicle washing may be done at any time on the immediate premises of a commercial car wash. Further, such washing may be exempted from these regulations, upon review and approval by the director of water operations or his designee if the health, safety, and welfare of the public is transport food and perishables. c. Use of water to fill, refill, or add to any indoor or outdoor swimming pools, wading pools, or jacuzzi type pools is prohibited except on designated watering days. d. All residential fountains, and indoor commercial fountains arc permitted to operate. Outdoor commercial fountains can operate but must have a variance permit, obtained through the process in section 55 155. eb. Use of water from hydrants shall be limited to fire fighting, related activities, or other activities necessary to maintain public health, safety, and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. fc. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. gd. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. lie. Except for immediate fire protection or flushing of water lines, the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. _i. The following uses of water are defined as non essential and are prohibited: 36 1. Wash down of any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard surfaced areas, except if it is in the interest of public health and safety. 2. Use of water to wash down buildings or structures for purposes other than immediate fire protection without permit granted by the director of water operations or his designee. (d) Stage 3 response - Severe water shortage conditions. (1) Target: During Stage 3, achieve a fifteen (15) per cent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2, the city will also do the following during Stage 3: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water use restrictions for demand reduction: All requirements of Stage 2 shall remain in effect during Stage 3 except as modified below: a. Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. _c. All residential fountains and indoor commercial fountains arc permitted to operate. Outdoor commercial fountains can operate but must have a variance permit, obtained 37 through the process in scction 55 155, and shall only operate to circulate water in order to maintain equipment. (4) During Stage 3, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 response - Critical water shortage conditions. (1) Target: During Stage 4, achieve a thirty (30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 4 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 3, the city will also do the following during Stage 4: •Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3) Water use restrictions for demand reduction: All requirements of Stage 2 and 3 shall remain in effect during Stage 4 except as modified below: a. Irrigation of landscaped areas shall be prohibited at all times. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c. The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi - type pools, and water parks (unless utilizing water from a non -city alternative source) is prohibited. d. The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 3 watering day and shall be done by hand or drip irrigation method. e. All fountains shall only operate to circulate water in order to maintain equipment. f. The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: 38 a. No application for new, additional, expanded, or increased -in -size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b. For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (f) Stage 5 response - Emergency water shortage conditions. (1) Target: During Stage 5, achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 5 water shortage conditions, as described in section 55-154 During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 4, the city will also do the following: •Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water use restrictions for demand reduction: During Stage 5, all requirements of Stage 2, 3, and 4 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 5, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: 39 For residential and multi -unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-154. - Surcharges for drought Stages 3, 4 and 5, and service measures. (a) General. (1) The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2) This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3) With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages 3, 4 and 5 emergency water shortage conditions. (4) In this section, institutional customer means city utility customer which operates as a not-for- profit entity. (5) A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155 (6) Drought surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b) Residential water customers, who are not billed through a master water meter. (1) A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. (2) Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. 40 (c) Residential customers who are billed from a master water meter. (1) Once Stage 2 condition has been declared, property managers of multi -tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each residential unit. (2) When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. (3) With city council approval, when consumption is above the three thousand (3,000) gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d) Commercial or institutional customer. (1) A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2) Method of establishing allocation: a. When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 4), the commercial or institutional customer's allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety (90) per cent of whose monthly usage is less than six thousand (6,000) gallons, shall be allocated six thousand (6,000) gallons. d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. 41 (e) Industrial customers, who use water for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than twenty (20) per cent of total capacity (Stage 4), the industrial customer allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 2 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one -twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 42 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f) Commercial, institutional, and industrial customers shall pay the following drought surcharges: (1) Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a. Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b. Eight dollars ($8.00) per one thousand (1,000) gallons for the second one thousand (1,000) gallons over allocation. c. Sixteen dollars ($16.00) per one thousand (1,000) gallons for the third one thousand (1,000) gallons over allocation. d. Forty dollars ($40.00) for each additional one thousand (1,000) gallons over allocation. (2)Customers whose allocation is twenty-one thousand (21,000) gallons per month or more: a. One (1) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) per cent above allocation. b. Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 43 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city) to the extent reasonable and practical under the circumstances. (h) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage 4. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2) or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000) gallons times the number of dwelling units or more two (2) or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000) gallons or more two (2) or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers, after the second disconnection, water service shall be restored within twenty-four (24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer, water service shall not be restored until the city re-enters a level of water conservation less than Stage 3. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8)The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (i) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). 44 (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (j) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty (30) days, but a variance of two (2) days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city -provided application for exemption/variance with the city water department within five (5) days after a particular drought response stage has been invoked. All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s) of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. 45 (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three (3) business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city manager within five (5) business days from issuance of denial. The decision of the assistant city manager shall be final. (h) Violations of any permit condition may be enforced under section 55-156 (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-156. - Violations, penalties, and enforcement. (a) A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. 46 (d) Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e) Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f) If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b) No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1) Name of applicant. (2) Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. 47 (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00) per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000) gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant, designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit, the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. 48 g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter) in the amount of three hundred thousand dollars ($300,000.00) per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the residents improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. (g) Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water -tight and shall be so closed during transport of effluent water; and shall be maintained in a leak -proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed -site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (1) (ppm)], consistent throughout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. 49 (7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. (8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17-19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. (9) By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in any way related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10 -point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2.Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(p.m.)]. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. (i) Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. 50 (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Sec. 55-158. - Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty (30) per cent of capacity. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a) In the event that the triggering criterion specified in section 55-152 for Stage 3 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11.039. (1) A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2) A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. 51 (3) The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4) Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a. The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b. The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b) Pro rata surcharges and enforcement. (1) During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a. Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b. Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c. Three (3.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d. Three and one-half (3.5) times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c) Variances. (1) The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a. Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b. Alternative methods can be implemented which will achieve the same level of reduction in water use. 52 (2) Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5) days after pro rata allocation has been invoked. (3) All petitions for variances shall be reviewed by the city council, and shall include the following: a. Name and address of the petitioner(s). b. Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c. Description of the relief requested. d. Period of time for which the variance is sought. e. Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f. Other pertinent information. (4) Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a. Variances granted shall include a timetable for compliance b. Variances granted shall expire when the pro -rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c. No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d) Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013) Section 2. That the Drought Contingency Plan adopted by Ordinance No. 029846 be amended to reflect the changes to Section 55-152 and Section 55-153, and the amended Drought Contingency Plan be filed of record with the City Secretary's office. City staff is directed to submit the amended drought plan to the Texas Commission on Environmental Quality and as 53 required by law. Staff is directed to submit a copy of this ordinance to wholesale water customers. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect on date of publication. Section 4. Severability It is hereby declared to be the intention of the City that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such declaration shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would not have been enacted by the City without the incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. The change in law made by this Ordinance applies only to an offense committed on or after the effective date of this Ordinance. An offense committed before the effective date of this Ordinance is governed by the Ordinance in effect when the offense was committed, and the former Ordinance is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Ordinance if any element of the offense occurred before that date. 54 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 55 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AN AGREED ORDER Amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214; Docket No. 2001 -0230-WR On April 4, 2001, came to be considered before the Texas Natural Resource Conservation Commission ("Commission") the Motion by the City of Corpus Christi and Nueces River Authority for the adoption of an amendment to the Agreed Order issued April 28, 1995, establishing operating procedures pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers" (the two cities and river authority shall be referred to herein as "Certificate Holders"). The Certificate Holders and the Executive Director of the Texas Natural Resource Conservation Commission have agreed to the provisions of this Agreed Order. The City of Corpus Christi (managing entity) requests that Section 2 of this Agreed Order be amended to add further detail to the provisions regarding the use ofwater for bays and estuaries and to make changes in the required passage of inflows for the bays and estuaries automatic at 40 percent and 30 percent of total reservoir system capacity upon institution of mandatory otitdoor watering restrictions. Additionally, Certificate Holders request the most recent bathymetric surveys be used for determining reservoir system storage capacity. The Certificate Holders request details be added regarding provisions for two projects to enhance/augment the amount of freshwater going into the receiving estuary and timelines for those projects. After considering the proposals and thepresentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition 5.B. of Certificate of Adjudication No. 21-3214, and that operational procedures previously established should be amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health of related living marine resources of the estuaries to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating to releases and spills from Choke Canyon Reservoir and Lake Corpus Christi (collectivelyreferred. to as the Reservoir System), as well as return flows, and to evaluatepotential impacts which may occur to the reservoirs as well as to the availability of water to meet the needs of the Certificate Holders and their customers which may result from those operational procedures, the existing advisory council should be maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG-2), 138,000 acre-feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary; and, therefore, when water is impounded in the Lake Corpus Christi -Choke Canyon Reservoir System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 acre-feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70 percent storage capacity, reductions in releases and spills, along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained and the .ecological health of the receiving estuaries will be maintained. The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed amount of 54,000 acre-feet per annum (per calendar year), and that they shall be credited at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre-feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System. The Commission finds that the Motion by the City of Corpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted. Benefits ofthe proposed diversion project and operating changes will include increased water supply, increased reservoir storage levels, increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta, and lower 'salinity levels in the upper delta. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, nor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT: .The City of Corpus Christi, as operator of the Choke Canyon/Lake :Corpus Christi reservoirs (the "Reservoir System"), provide not less than 151,000 acre-feet of water per annum (per calendar year) for the estuaries by a combination of releases and spills from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as computed and to the extent provided for herein. b. When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre-feet is to be delivered to Nueces Bay and/or the Nueces Delta by a combination of releases=and spills from Page 2 of 11 the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as follow: January 2,500 Tilly 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. c. When water impounded in the Reservoir System is less than 70 percent but greater than or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre-feet is to be delivered to Nueces Bay. and/or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to .Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as follows: January 2,500 July 4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated- in Subparagraph d. . d. The amounts of water required in. subparagraphs 1.b. and 1.c. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amounts prescribed above, the spills and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No. 08211500). Any inflows, including measured wastewater effluent and rainfall runoff meeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward the total inflow amount delivered to Nueces Bay and/or the Nueces Page 3 of 11 Delta. Inflow passage from the Reservoir System for the purpose of compliance with the monthly targeted amounts prescribed in subparagraphs 1.b. and 1.c. shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to .Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir shall be computed as the sum of the flows measured at the U.S. Geological Survey (USGS) STREAMFLOW GAGING STATIONS ON THE Nueces River near Three Rivers (USGS No. 08210000), Frio River at .Tilden, Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No. 08206700) less computed releases and spills from Choke Canyon Reservoir. e. The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shall be available under subparagraphs (1) or (2) below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi. However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. (1) Inflows to Nueces Bay and/or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement for the following month, based on the amount received. (2) When the mean salinity in Upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52") for a 10 -day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB*, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a) For any month other than May, June, September and October, if 5 parts per thousand (ppt) below the SUB for the month, a reduction of 25% of the current month's targeted Nueces Bay inflow; (b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targeted Nueces Bay inflow except that credit under this provision is limited to 25 % during the' months of May, June, September and October; * "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b. (c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's targeted Nueces Bay inflow. Paae4of 11 The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, retum flows and other freshwater inflows. a. Certificate holders are to provide in any future contracts or any amendments, modifications or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers shall develop and have in effect a water conservation and drought management plan consistent with Commission rule. The City of Corpus. Christi shall solicit from its customers and report to the Commission annually the result of conservation under the City's plan, the customers' plans, and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C. §295.202. b. The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2. (1) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus Christi shall issue public notice advising ` and informing the water users of the region of voluntary conservation measures that are requested immediatelyand required drought management measures to be taken should the Reservoir System Storage -fall to under 40% and/or 30% of total system storage capacity. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users ofthe region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40%, but equal to or greater than 30% of totalsystem storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces Bay to 1,200 acre-feet per month (1,200 acre-feet per month represents the quantity of water that is the median inflow into Lake Corpus Christi during the drought of record). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ("Plan")." To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. Page 5 of 11 (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity, the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and shall suspend the .passage of inflow from the Reservoir System for targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener than every five days, subject to the time of day restrictions described in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements, and requires its customers to implement, water conservation and drought management measures at diminished Reservoir System levels, as set forth in subparagraphs b.(2) and b.(3). c. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities of 695,271 acre-feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 241,241 acre-feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Study -Phase I Nueces River Basin, HDR, December, 1990). d. Percentage of the Reservoir System capacity shall be determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remaining days of the month.. e. Within the first ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity of the Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke .Canyon Reservoir. The report shall indicate which gages or measuring devices were used to determine Reservoir System capacity and estimate inflows to Lake Corpus Christi. f. Concurrent with implementing subparagraphs 2.b.(1) through 2.b.(3), the City shall proceed to: • 1. Acquire land rights to properties necessary to re -open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features ofthe Rincon Bayou Diversion; Page6of 11 g. 2. Construct and operate a conveyance facility to deliver up to 3,000 acre-feet per month of required Reservoir System "pass-throughs" directly from the Calallen Pool into the Upper Rincon Bayou by use of one or two of the five authorized points of diversion under Certificate of Adjudication No. 2464, being the existing San Patricio Municipal Water District point of diversion and/or a point on the North bank of the Calallen Pool located at Latitude 27.8823°N, Longitude. 97.6254°W, also bearing S 27° 24' W, 4,739 feet from the southwest corner of the 7.H.W. Ottman Survey, Abstract No. 212, San Patricio County, Texas, where the water will be pumped at the maximum rate of 45,000 gprn; and 3. Implement an on-going monitoring and assessment program designed to. facilitate an "adaptive management"program for freshwater inflows into the Nueces Estuary. 4. Construction necessary to implement subparagraph 2.f.1. shall be accomplished by December 31, 2001 and work necessary to accomplish subparagraph 2.f.2. shall be accomplished by December 31, 2002. 5. In the event the City fails to timely complete the work set forth in subparagraphs 2.f.1. and 2.f.2., this amendment shall automatically terminate and the provisions of the Agreed Order of April 28, 1.995 shall be reinstated and become operative despite this amendment, unless the Executive Director grants a modification after considering the recommendations of the Nueces Estuary Advisory Council. The Executive Director is delegated authority to make modifications to subparagraph 2.f., after considering the recommendations of the Nueces Estuary Advisory Council. However, changes may be made through this process only with the City's consent if the changes resultin increased costs to the City. If the Executive Director makes modifications to subparagraph 2.f. as authorized in this paragraph, any affected person may file with the chief clerk a motion for reconsideration of the Executive Director's action no later than 23 days after the date the Executive Director mails notice of the modification to the City. This motion shall be considered under the proiisions of 30 Texas Administrative Code § 50.39(d) and (e). h. The City shall obtain all necessary permits from the Commission before beginning these projects. The deadlines set out above include time necessary to apply for, process and, if necessary, complete hearings on these permits. 3. a. The City of Corpus Christi, with the assistance and/or participation of federal, state and local entities, shall maintain a monitoring program to assess the effect of this Page 7 of 11 operating plan on Nueces Bay. The cornerstone of this program is the development of a salinity monitoring program. The program shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52") and one in mid Nueces Bay (Lat. 27°51'25",Long. 97°25'28") with the capability of providing continuous salinity and/or conductivity. data, temperature, pH, and dissolved oxygen levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b. The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid-Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand-ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as follows: SLB SUB SLB SUB. January 5 30 July 2 25 February 5 30 August 2 25 March 5 30 September 5 20 April 5 30 .October 5 30 May 1 20 November 5 30 June 1 20 December 5 30 c. When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27051'02", Long. 97 °28'52"), no releases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d. All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of. granting credits for inflows. which exceed the required amounts to replace the credits that are set out in subparagraph 1.e.(1) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Page8of 11 Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director of the Texas Natural Resource Conservation Commission, whose representative shallserve as chairIhe Texas Water Development Board; the Texas Parks and Wildlife Department; the Texas Department of Health; the General Land Office; the holders of Certificate of Adjudication No. 21-3214 (the Cities -of Corpus Christi and Three Rivers and the Nueces River Authority; the University of Texas Marine Science Institute; Texas A&M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce; the City of Mathis; Coastal Bend Bays and Estuaries Program, Inc.; a commercial bay fishing group; a conservation group (e.g.. the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g., the South Texas Water Authority and the San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or future water use and management or environmental and economic needs of the Coastal Bend area. b. No modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. c. Matters to be studied by the Nueces Estuary Advisory Council and upon which the Executive Director shall certify recommendations to the Commission -shall include, but are not limited to: (1) the effectiveness of the inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes (2) the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3) the development and implementation of a short and long-term regional water management plan for the Coastal Bend Area; (4) the salinity level to be applied in Paragraphs 1.e. and 3.c., at which targeted inflows in the subsequent month may be suspended; (5) the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph 1.e. That methodology shall have as its goal the maintenance of the proper ecological Page9of 11 environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements; and, (6) any other,matter pertinent to the conditions contained in this Agreed Order. Page 10 of 11 5. This Agreed Order shall remain in effect until amended or superseded by the Commission. Issued date: APR:05 2001 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION R bert J. uston, Clialrman Page 11 of 11 68 OPERATIONS PLAN FOR THE LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR SYSTEM The following operations plan for the Lake Corpus Christi —Choke Canyon Reservoir water system provides for the two reservoirs to be operated as a regional water supply with primary purpose to be furnishings a dependable supply to the people in the Coastal Bend area. The plan also recognizes the need for the recreational facilities for public use and the Texas Water Commission adjudicated water permit which requires a minimum flow of 151,000 acre-feet of water annually to bays and estuaries from return flows, spills, or fresh water releases from Lake Corpus Christi once Choke Canyon Reservoir fills. The Plan consists of four phases of operation depending on the water levels in the two reservoirs. PHASE I - This phase applies only to the initial filling period of Choke Canyon Reservoir. It is necessary that this reservoir be filled at the earliest opportunity so that all structures and mechanical equipment can be tested. Initial filling of the reservoir also triggers the requirement that minimal flows be made available for bays and estuaries. 1. During the initial period, only the releases requires required by agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department, varying between 15 and 33 cubic feet per second depending on the reservoir level, will be made unless Lake Corpus Christi elevation falls below elevation 86 feet. 2. If water user demand is less than 200,000 acre-feet annually and Lake Corpus Christi is at elevation 86 feet, water will be released from Choke Canyon to maintain this elevation until Choke Canyon Reservoir falls to elevation 184 feet. 3. When Lake Corpus Christi has fallen to elevation 86 feet and Choke Canyon has fallen to elevation 184 feet, Lake Corpus Christi will be allowed to drop to elevation 76 feet, at which time water will be released from Choke Canyon to allow user's intake structures at Lake Corpus Christi to be used. 4. Should water user demand excess 200,000 acre-feet annually, the water level of Lake Corpus Christi will be allowed to drop to elevation 76 feet prior to releases from Choke Canyon Reservoir. PHASE II - This phase applies after Choke Canyon Reservoir is filled and water user demand is less than 150,000 acre-feet annually. 1. A minimum of 2,000 acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between City of Corpus Christi and the Texas Parks and Wildlife Department. 69 PHASE III - PHASE IV - 2. Whenever Lake Corpus Christ water surface falls to elevation 88 feet and Choke Canyon Reservoir surface elevation is above 204 feet, releases will be made from Choke Canyon Reservoir to maintain Lake Corpus Christi surface at elevation 88 feet. 3. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet and Choke Canyon Reservoir surface elevation is below 204 feet, the Choke Canyon release for the current month is made equal to the Lake Corpus Christi release from the preceding month. This minimizes drawdown at Lake Corpus Christi for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. This phase applies after Choke Canyon Reservoir is filled and water user demand is between 150,000 and 200,000 acre-feet annually. During this period, water release plan prepared by the Bureau of Reclamation will be followed to produce a dependable yield of 252,000 acre-feet. 1. A minimum of 200,000 acre-feet per month will be releases from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. Whenever Lake Corpus Christi water surface is at or below elevation 88 feet, and the ratio of Choke Canyon Reservoir content to Lake Corpus Christi content (both at the end of the preceding month) exceeds the corresponding ratio with 6 -foot drawdown at both reservoirs, the Choke Canyon Reservoir release for the current month is made equal to the Lake Corpus Christi release during the preceding month. This equalizes drawdown at the two reservoirs for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. This phase applies after Choke Canyon Reservoir is filled, water user demand exceeds 200,000 acre-feet annually, and developed long-term supply is less than 300,000 acre- feet annually. 1. A minimum of 2,000 acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop top elevation 74.0 feet (Ordinance Changed #022661) before water is released from Choke Canyon Reservoir in excess of the 2,000 acre-feet per month requirement. When the 70 elevation of Choke Canyon Reservoir drops to 155 feet, Lake Corpus Christi will be lowered to its minimum elevation. LAKE CORPUS CHRISTI -CHOKE CANYON RESERVOIR STATISTICAL DATA Lake Corpus Christi Choke Canyon Reservoir Water Elevation Capacity, Acre -Feet* When Full, Feet 272,000 94.0 692,000 220.5 Minimum Functional Elevation, Feet 76.0 147.5 Intake Structure Elevations of Customers Withdrawing Water Directly from Lake Corpus Christi: Elevation, Feet City of Mathis Beeville Water Authority Alice Water Authority City of Corpus Christi Annual Lake Corpus Christi Withdrawals: 73.0 74.0 67.0 55.0 Fiscal Year Total Withdrawn From Lake, Acre -Feet 1975-76 86,416 1976-77 86,408 1977-78 101,596 1978-79 96,029 1979-80 106,851 1980-81 104,657 1981-82 107,002 1982-83 107,348 1983-84 119,701 1984-85 90,226 1985-86 105,469 * 1 acre-foot = 325,850 gallons 71 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 23, 2015 Action Item for the City Council Meeting of July 14, 2015 DATE: June 10, 2015 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Appointment of Financial Advisor for Facility Certificates of Obligation CAPTION: Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2015 in an amount not to exceed $2,000,000. PURPOSE: The City plans to issue Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2015 in an amount not to exceed $2,000,000 for the purpose of paying contractual obligations relating to making permanent public improvements to City facilities and to the paying of professional services related to the design, construction, project management, and financing of the projects. BACKGROUND AND FINDINGS: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. This agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for these transactions. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the City Manager, Assistant City Manager, and Director of Financial Services. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Financial Services • 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): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM Future Item for the City Council Meeting of June 23, 2015 Action Item for the City Council Meeting of July 14, 2015 DATE: June 10, 2015 TO: Ronald L. Olson, City Manager FROM: Carlos Gonzalez, Director of Facilities CarlosG2@cctexas.com (361) 826-3567 Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Authorization for Certificates of Obligation for Facility Improvements CAPTION: Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. PURPOSE: The City plans to issue up to $2,000,000 in Combination Tax and Limited Pledge Revenue Certificates of Obligation for the purpose of paying contractual obligations relating to making permanent public improvements to City facilities and to the paying of professional services related to the design, construction, project management, and financing of the projects. BACKGROUND AND FINDINGS: The City's Facilities Department has developed a 10 -year plan for making capital improvements to City facilities. Fiscal Year (FY) 2015 is the first year of the plan, and the initial investment is programmed to be $2 million a year for ten years. The FY15 adopted Capital Improvement Budget and Planning Guide includes Comprehensive Facilities Improvements in the amount of $2,000,000. The following projects have been identified for the first year of funding: La Retama Central Library Roof Replacement Lindale Senior Center Roof & HVAC Replacement & Improvements City Hall — Skylight Replacement Contingency TOTAL $761,678 527,000 485,000 226,322 $2,000,000 Estimated annual debt service for the certificates of obligation is projected to be approximately $135,000. This payment will be made from property taxes - without requiring a tax rate increase. State law requires that a notice of intention be published when certificates of obligation are to be sold. The notice must be published once a week for 2 consecutive weeks in a newspaper, with the date of the first publication to be before the 30th day of the date tentatively set for the passage of the ordinance authorizing the issuance of the certificates. The ordinance authorizing the issuance of the certificates is tentatively scheduled as a first reading on August 18, 2015 with a second and final reading on August 25, 2015, and so we will need to advertise in the Corpus Christi Caller -Times by Sunday, July 19, 2015. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Facilities • Financial Services • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 2,000,000 - $ 2,000,000 Encumbered/Expended amount of (date) - - - - This item - $ 2,000,000 - $ 2,000,000 BALANCE - - - - FUND(S): CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $2,000,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's public works facilities, public health and safety facilities, parks and recreation facility (including roof repairs and HVAC replacement at Lindale Senior Center), library facilities (including roof repair at the City's La Retama Central Library), repairs, renovations, and improvements to City Hall; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and the Director of 82346098.4 Finance, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $2,000,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's public works facilities, public health and safety facilities, parks and recreation facility (including roof repairs and HVAC replacement at Lindale Senior Center), library facilities (including roof repair at the City's La Retama Central Library), repairs, renovations, and improvements to City Hall; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2. The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3. The City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Finance, as appropriate, or 82346098.4 - 2 their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8. It is officially found, determined, and declared that the meeting at which this Resolution 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 Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9. This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank] 82346098.4 - 3 PASSED AND APPROVED, this the le day of July, 2015. ATTEST: City Secretary (CITY SEAL) APPROVED THIS 14th DAY OF JULY, 2015: Miles Risley, City Attorney 82346098.4 S-1 CITY OF CORPUS CHRISTI, TEXAS Mayor 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 14th day of July, 2015, relating to establishing the City's intention to publish a notice of intention concerning the issuance of certificates of obligation, which Resolution 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 14th day of July, 2015. City Secretary (CITY SEAL) 82346098.4 S-2 The foregoing resolution was passed on this the 14th day of July, 2015, by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the 14th day of July, 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 82346098.4 S-3 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, at 11:30 o'clock A.M., Corpus Christi, Texas time on August 25, 2015, and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $2,000,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to -wit: (1) constructing, acquiring, purchasing, renovating, equipping, enlarging, and improving the Issuer's public works facilities, public health and safety facilities, parks and recreation facility (including roof repairs and HVAC replacement at Lindale Senior Center), library facilities (including roof repair at the City's La Retama Central Library), repairs, renovations, and improvements to City Hall; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned capital improvements; and (3) the payment of professional services related to the design, construction, project management, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Section 363.135, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. 82346098.4 A-1 /s/ Rebecca Huerta City Secretary, City of Corpus Christi, Texas AGENDA MEMORANDUM Future Item for the City Council Meeting of June 23, 2015 Action Item for the City Council Meeting of July 14, 2015 DATE: June 5, 2015 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Refunding of Nueces River Authority (NRA) Water Supply Facilities Revenue Bonds CAPTION: Resolution authorizing the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Nueces River Authority Water Supply Facilities Revenue Refunding Bonds, Series 2015; and other matters in connection therewith. PURPOSE: The refunding of these bonds by the Nueces River Authority (NRA) will realize debt service savings resulting in lowering the City's payment under contract. BACKGROUND AND FINDINGS: The City of Corpus Christi entered into a contract with the Nueces River Authority (NRA) in 1997 to issue 30 -year Nueces River Authority Water Supply Facilities Revenue Bonds (City of Corpus Christi Lake Texana Project), Series 1997 in the amount of $118,195,000 to fund the construction of Mary Rhodes Pipeline, Phase 1, from Lake Texana to the O.N. Stevens water treatment plant in Corpus Christi. The City of Corpus Christi is responsible for making the annual debt payments, and this expense is included in the Water Fund's budget. In 2005, these bonds were "advanced refunded" for savings in the amount of $94,575,000 keeping the same maturity in 2027. An advanced refunding means that the proceeds from the new bonds issued are placed in an escrow account and invested until they are used to pay off the original bonds. The bonds issued in 2005 are callable on July 15, 2015. Since interest rates have fallen since that time, a "current refunding" opportunity is available at the bonds' call date. A current refunding means that the proceeds from the new bonds issued are used to repay the old bonds within 90 days of the call date. This refunding is expected to realize debt service savings resulting in lowering the City's payments under the contract. The aggregate estimate principal amount of the refunding bonds is $61,330,000, and the aggregate new present value savings is estimated to be $10.3 million or 14.72%. This savings is anticipated to lower the City's obligation for these bonds in the Water Fund by close to $1 million annually. Additionally approval of this resolution authorizes the City Manager or his designee to consult with M. E. Allison & Co., Inc. as financial advisor for this transaction and Norton Rose Fulbright US LLP as the City's bond counsel. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget (Debt payments) - - $ 95,109,004.00 $ 95,109,004.00 Encumbered/Expended amount of (date) - - - - This item - - $ (82,904,411.00) $ (82,904,411.00) BALANCE (Refunding Savings) - - $ 12,204,593.00 $ 12,204,593.00 FUND(S): Water Fund COMMENTS: The $12,204,593 noted above represents savings in debt payments by refunding the NRA bonds for the remaining life of the bonds — through July 1, 2027. This represents a net present value savings over the remaining life of the bonds of $10,339,601. RECOMMENDATION: Staff recommends approval of the motion and resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A — Financial Advisor Fee Schedule FINAL RESOLUTION AUTHORIZING THE CITY MANAGER TO TAKE ACTIONS NECESSARY TO APPROVE THE ISSUANCE OF REFUNDING BONDS DESIGNATED AS NUECES RIVER AUTHORITY WATER SUPPLY FACILITIES REVENUE REFUNDING BONDS, SERIES 2015; AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the authorized representative of the City of Corpus Christi, Texas (the "City") shall approve the issuance of bonds by the Nueces River Authority (the "NRA") designated as "Nueces River Authority Water Supply Facilities Revenue Refunding Bonds, Series 2015", in the aggregate estimated principal amount of $63,100,000 (the "NRA Bonds"); and WHEREAS, the NRA Bonds will refund for debt service savings certain currently outstanding NRA obligations (the "Refunded Bonds"); and WHEREAS, the City has executed contracts with the NRA (the "Contract") pursuant to which the City is obligated to make payments sufficient to pay the debt service due and payable on the NRA Bonds and the Refunded Bonds; and WHEREAS, the City has requested that NRA consider the issuance of the NRA Bonds to extend the maturity of the Refunded Bonds and to produce debt service savings on the Refunded Bonds that are subject to redemption prior to their scheduled maturities; and WHEREAS, the City has been advised by representatives of the NRA that it is willing to proceed with the issuance of the NRA Bonds; and WHEREAS, the documents governing the issuance of the NRA Bonds each provide that refunding bonds may be issued subject to the approval of the terms of such refunding bonds by the City; and WHEREAS, because of fluctuating conditions in the municipal bond market, the City Council has determined to delegate to the City Manager, or his designee, the authority to approve the terms of the NRA Bonds, subject to the parameters hereinafter described. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager, or his designee, is hereby authorized to act on behalf of the City to approve the terms of the NRA Bonds. The City Manager, or his designee, may evidence such approval on behalf of the City by executing the bond purchase agreement prepared in connection with the sale and delivery of the NRA Bonds, or by executing a certificate evidencing the approval of the terms of the NRA Bonds, as the City Manager, or his designee, in their discretion may determine. 35236249.4 Section 2. That the City Manager, or his designee, is authorized to consult with M.E. Allison & Co., Inc., the City's financial advisor, and Norton Rose Fulbright US LLP, the City's bond counsel, to determine that the sale of the NRA Bonds occurs on such terms that are consistent with the financial and legal conditions in the municipal bond market at the time the NRA Bonds are priced for sale by the NRA. Section 3. That the City Manager, or his designee, shall be and is hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Resolution, including, but not limited to, approving the form of the notice of redemption calling the Refunded Bonds for redemption prior to their scheduled maturities, entering into on behalf of the City, and as the act and deed of the City Council, a continuing disclosure agreement for purposes of compliance with the Rule, and such certifications or instruments as may be necessary to effect the issuance of the NRA Bonds. A determination by the City Manager, or his designee, that the final forms of such certifications or instruments, including specifically, but not by way of limitation, the bond purchase agreement and offering documents, if any, relating to the NRA Bonds, comply with the authorizing documents relating to the NRA Bonds, and applicable Texas law, shall have the same force and effect as a finding or determination made by the City Council. Section 4. That any approvals or prerequisites to the issuance of the NRA Bonds specified or required under the Contract (that were or are to inure to the benefit of the City) are hereby waived in their entirety and this Resolution shall serve as the only necessary and timely approval of the City of the issuance of the NRA Bonds. Section 5. That the foregoing notwithstanding, the City Manager, or his designee, shall not approve the sale of the NRA Bonds if the debt service savings to be generated by the issuance of such NRA Bonds does not generate at least a two and three-fourths percent (2.75%) net present value savings to the City. Prior to the delivery of the NRA Bonds, the City Manager, or his designee, shall execute and deliver to the City Council a certificate setting forth the terms of such refunding bonds, and in such certificate the City Manager, or his designee, shall state that the terms of such refunding bonds conform to the parameters set forth in this Resolution. Section 6. That the authority delegated to the City Manager to approve the sale of the NRA Bonds shall expire on December 30, 2015. Section 7. That this Resolution shall become effective immediately upon its adoption by the City Council. This Resolution supersedes any prior resolutions adopted by the City Council with respect to the NRA Bonds. 35236249.4 - 2 PASSED AND APPROVED this the day of , 2015. ATTEST: Rebecca Huerta, City Secretary (SEAL) APPROVED THIS Nelda Martinez, Mayor City of Corpus Christi, Texas DAY OF , 2015: Miles Risley, City Attorney 35236249.4 S-1 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the day of , 2015, relating to establishing the City's authorization to the City Manager to take actions necessary to approve the issuance of refunding bonds designated as Nueces River Authority Water Supply Facility Revenue Refunding Bonds, Series 2015, which Resolution 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 , 2015. City Secretary (CITY SEAL) 35236249.4 S-2 The foregoing ordinance was read for the time and passed to its second reading on this the day of 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 35236249.4 That the foregoing ordinance was read for the time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 35236249.4 (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 14, 2015 Second Reading Ordinance for the City Council Meeting of June 21, 2015 DATE: TO: June 15, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikema@cctexas.com 886-2605 Accepting and appropriating the FY 2014 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 $285,951 from Nueces County for funding eligible under the FY2014 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 include (but not limited to) U. S. Highway 77 and State Highway 44; and appropriating the $285,951 in the No. 1061 Police Grants Fund. PURPOSE: The purpose of this item is to 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. Each month, officer's timesheets, signed overtime sheets, and worksheets will be provided to Nueces County. The County will submit the reimbursement paperwork to FEMA where it will be reviewed and a check will be sent to Nueces County. The Nueces County Accounts Payable division will process a payment to the City of Corpus Christi. The grant period is from September 1, 2014— February 28, 2016 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: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $285,951 $285,951 BALANCE $285,951 $285,951 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award Police Department Allocation Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $285,951 from Nueces County for funding eligible under the FY 2014 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 include (but not limited to) U. S, Highway 77 and State HY44; and appropriating the $285,951 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 $285,951 from Nueces County for funding eligible under the FY 2014 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 include (but not limited to) U. S, Highway 77 and State HY44. SECTION 2. That $285,951 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 Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Department of Public Safety 2014 Sub -Recipient Award for Nueces County 1 General Award I,n€ormation Encumbrance Nal Date of Award: April 8, 2015 Prepared By: runkle, catheron 3. SAA Award Number: 14 -SR 48355-02 4. Suit -Recipient Name and Address z' 5..Federal Grant Information Judge Samuel L. Neal, Jr. Nueces County 901 Leopard Street, Room 303 Corpus Christi, TX 78401 Federal Grant Title: Homeland Security Grant Program (HSGP) Operation Stonegarden (OPSG) Federal Grant Award Number: EMW-2014-SS-00029 Federal Granting Agency: U.S. Department of Homeland Security(DHS) Federal Emergency Management Agency (FEMA) Date Federal Grant Awarded to TxDPS: August 6, 2014 CFDA: 97.067 6. Award Amount and;Grant breakdowns OPSG $859, 265.34 Grant Period: From: Sep 1, 2014 To: Feb 28, 2016 (The SAA must receive ail invoices bac the €, id M grant period) 7. Statutory Authority for Grant: The Department of Horne and Security Appropriations Act, 2014, (Public Law 113-76), and The Homeland Security Act of 2002 as amended (Public Law 107-296), (6 U.S.C. § 603). S. Method of Payment: Primary method is reimbursement. 9. Debarment/Suspension Certification: The Sub -Recipient certifies that the sub -recipient and its contractors/vendors and principals are not debarred,suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not have active Exclusions listed at https://www.sam.gov/portal/public/SAM/ 10Agency ►4j �rQval+,; Approving TxDPS Official: Garry Jones Deputy Assistant Director Texas Homeland Security State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: 11.Sub Recipient Acceptance 1 have read, understood and agree to this Sub -Recipient Agreement consisting of this Award and the attached Terms and Conditions. Print name and title of Authorized Sub -Recipient Official: Samuel L. Neal, Jr. Nueces County Judge Enter Employer Identification Number (EIN) or Federal Tax Identification Number: Signature of Sub -Recipient Official: DUNS Number: Date Signed : 05/11/21315 DUE DATE: May 23, 2015 Signed Award with Terms and Conditions must be returned to SAA._SRA@idps.texas.gov on et before the due date. 2014 TERMS AND CONDITIONS Instructions: The Sub -recipient shall: 1. Fill in the information and sign the Grant Sub -Recipient Award; 2. Certify they have read and understand these Terms and Conditions 3. Certify to the statements provided in Exhibits A, 8, C and D located at the back of this document by filling in contact information and signing all exhibits, and 4. Return all documents via email to SAA_SRA dps,texas.gav on or before the date provided in the transmittal letter and/or in this Grant. 1. Grant Sub -recipient Agreement This Grant Sub -recipient Agreement (consisting of this 2014 Grant Sub -recipient Award and these Terms and Conditions) is made and entered into by and between the Department of Public Safety 1 Texas Homeland Security State Administrative Agency, an agency of the State of Texas, hereinafter referred to as "DPS/THSSAA," and the funds recipient, hereinafter referred to as the "Sub -recipient" or "Sub -grantee." Furthermore, DPS/THSSAA and the Sub -recipient are collectively hereinafter referred to as the "Parties." This Grant Sub -recipient Agreement (SRA), or otherwise referred to herein as "this Grant" or 'this Agreement", is only an offer until Sub -recipient returns the signed copy of this Grant on or before the date provided in the transmittal letter and/or in this Grant Sub -recipient Award. The FY 2014 Homeland Security Grant Program (HSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal (NPG) of a secure and resilient Nation. HSGP funding shall be used for statutorily eligible costs related to the planning, organization, equipment, training, and exercise needs that prevent, protect against, mitigate, respond to, and recover from acts of terrorism and other catastrophic events. This program provides an integrated mechanism that builds and sustains core capabilities to support the Nation's Preparedness against terrorist attacks, major disasters, and other emergencies. The FY 2014 Nonprofit Security Grant Program (NSGP) funding plays an important role in the implementation of the National Preparedness System (NPS) by supporting the development and sustainment of core capabilities. Core capabilities are essential for the execution of each of the five mission areas outlined in the NGP. NSGP provides funding support statutorily eligible costs to include target hardening and other physical security enhancements and activities to nonprofit organizations that are at high risk of terrorist attack and located within one of the specific Urban Areas Security initiative (UASI)-eligible Urban Areas. While this funding is provided specifically to high-risk nonprofit organizations, the program seeks to integrate nonprofit preparedness activities with broader State and local preparedness efforts. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as welt as State and local government agencies. Sub -recipient may not assign or transfer any interest in this Grant without the express, prior written consent of DPS/THSSAA. If Sub -recipient issues subawards as part of this Grant project, Sub -recipient shall include and require its subawardees to comply with the terms and conditions of this Grant. The term "Sub -recipient agreement funds" as used in this Grant means funds provided by DPSITHSSAA under the United States Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) grant programs (also referred to herein as DHSIFEMA). The term "Sub -recipient's funds" or match funds as used in this Grant means funds provided by the Sub -recipient. 2. Overview and Performance Standards AH allocations and use of funds under this Giant : )all be in accordance wffli the 1 Y .2.14 Hdridiflg Opp Oppc.g.tunlly Announcement (i=OAfrit the Federal Grant 7itie specified on i. s G ar,i: arid such FY 2014 f;f:.I1A; int or icg ate.ci by refer eme herein. Sub -recipient shall read, understand and accept the FY 2014 Funding Opportunity Announcement as binding. A. Standard of Performance. Sub -recipient shall perform all activities and projects entered into the DPSITHSSAA web -based grants management system which are approved by DPS/THSSAA. Any change to a project shall receive prior written approval by the appropriate local, regional and state -level grant administrator(s). Sub -recipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1 Assurances — Non -Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances — Construction Programs, hereinafter referred to as 'Exhibit B" 3. Certifications, hereinafter referred to as "Exhibit C" 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" B. Failure to Perform. In the event Sub -recipient fails to implement the project(s) entered and approved in the DPS/THSSAA web -based grants management system, or comply with any provision of this Grant, Sub -recipient shall be liable to DPSITHSSAA for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds or any other grant program funds administered by DPS until repayment to DPS/THSSAA is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by DPS. 3. Environmental Review Sub -recipient shalt assess its federally funded projects for potential impact to environmental resources and historic properties. Sub -recipient shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by DPS/THSSAA. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. Sub -recipient shall include sufficient review time within its project management plan to comply with EHP requirements. Initi.tion-of any activity prior to completion of FEMA's Page 2 OF 18 EHE ~,,c%•,-- ' )J A It. i 1 . n .ilz- 1?2• -::.IA 3 04 VI a &.t Q r ilt furgds rf -EK,, ' .1PA.,. Sub -recipient, as soon as possible upon receiving this Grant, shall provide information to DPS/THSSAA to assist with the legally -required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to DPS/THSSAA for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988 — Floodplain Management, EO 11990 — Protection of Wetlands, and EO 12898— Environmental Justice, Sub -recipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. See FEMA Information Bulletin 329. Sub -recipient shall not undertake any activity from the project that would result in ground disturbance, facility modification, or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. Sub -recipient shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. If ground disturbing activities occur during project implementation, Sub -recipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered, Sub -recipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. 4. Funding Obligations A. DPS/THSSAA shall not be liable to Sub -recipient for any costs incurred by Sub -recipient that are not allowable costs. B. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by DPS/THSSAA under this Grant shall not exceed the Total Award Amount listed on the Grant Sub -recipient Award. C. Sub -recipient shall contribute the match funds listed on the Grant Sub -recipient Award. D. Sub -recipient shall refund to DPS/THSSAA any sum of these Grant funds that has been determined by DPS/THSSAA to be an overpayment to Sub -recipient or that DPS/THSSAA determines has not been spent by Sub -recipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Sub -recipient shall make such refund to DPS/THSSAA within thirty (30) calendar days after DPS/THSSAA requests such refund. E. Notwithstanding any other provisions, the Parties hereto understand and agree that DPS/THSSAA's obligations under this Grant are contingent upon the receipt of adequate funds to meet DPS/THSSAA's liabilities hereunder, except as required by the Homeland Security Grant Program (HSGP). DPS/THSSAA shall not be liable to Sub -recipient for costs which exceed the amount specified in this Grant. 5. Performance Period yrf ,.. L: ' iks est is li ted ,she Qrio sp ii.c. ILAyL r . A and $cr,Ac_c the pgrfenrance oetlo all reirnburf3,ement re , sts shall be .2 aofiiastt2.r# p DPSFf'HSSAA within tiu.N.Ateiforrnahcc period. Sub -recipient shall have expended all Grant funds AsrAl submitted reimbursement requests and any invoices in the DPSITHSSAA grant management system Iv the end of the performance period- DPS/THSSAA shall not be obligated to reimburse expenses incurred or submitted after the performance period. 6. Uniform Administrative Requirements. Cost Principles and Audit Requirements Except as specifically modified by law or this Grant, Sub -recipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below. A. Administrative Requirements 1. 44 C.F.R. Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (the A-102 Common Rule); 2. 2 C.F.R. Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (OMB Circular A-110). 3. 44 C.F.R. Part 10, Environmental Considerations B. Cost Principles 1. 2 C.F.R. Part 225, Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87) 2. 2 C.F.R. Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 C.F.R. Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4, 48 C.F.R. Subpart 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. Page 3 OF 18 D. Grant Guidance (Funding Opportunity Announcement) Sub-recipient agrees that all allocations and use of funds under this Grant shall be in accordance with the applicable FY 2014 Funding Opportunity Announcement and supplemental resources for the HSGP currently available at htto:lfwwvu.ferna.gavlmedia-library-datal13951612©©288 5b07edO4560562.l7175fbdee28d2b06e'FY...: 2014 HSGP FOA FinaE..dfand the Nonprofit Security Grant Program (NSGP), /www.frna. avlm^ria-liar. r % /1 9611. 70•88-fb23d81b8df0d..eab995c8f?-7 lac !FY2.1A N;GPF A Firiaf R vsce. ,.f. 7. DHS Specific Acknowledgements and Assurances Sub -recipient shall comply with the DHS Standard Administrative Terms and Conditions that are outlined in Part 6.1.1 — Financial Assistance Award Standard Terms and Conditions (January 14, 2011), which is incorporated by reference herein. DHS requires those standard terms and conditions which are approved by the Division of Financial Assistance Policy and Oversight to be applied to all financial assistance awards: „ Iavu,c4hs.cvfxtibranrlassetsffo-:i �r,tal-fir ..._.:., _.@�_ v an,. FE„. Er f. Sub -recipient acknowledges and agrees, and shall require any sub -recipients, subawardees, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -recipient shall cooperate with any compliance review or complaint investigation conducted by DHS. 2. Sub -recipient shall give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to this Grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub -recipient shall submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Sub -recipient shall comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three (3) years, Sub -recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, Sub -recipient shall provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against Sub -recipient, or Sub -recipient settles a case or matter alleging such discrimination, Sub -recipient shall forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 8. Operation Stonegarden (OPSG) Specific Conditions If Sub -recipient is receiving Operation Stcnegarden (OPSG) funds, Sub -recipient is prohibited frorn obligating or expending OPSG funds provided through this Grant until each unique, specific, or modified county level, tribal or equivalent Operations Order or Fragmentary Order has been reviewed and approved by official notification by FEMA and Customs and Border Protection/Bonier Patrol (CBP/BP), Each Operations Order will be transferred via the secure portal (CBP/BP) BPETS system from each respective AOR Sector HQ to CBP/BP HQ in Washington, D.C., for review and pre -approval for Operational continuity, then forwarded to FEMA GPD/PGD OPSG Program Office for final review/approval. Official notification of approval will be sent by FEMA via email to DPS/THSSAA and CBP/BP HQ in Washington, D.C. 1. Sub -recipient shall develop and submit required operational documents through the border area's Integrated Planning Team. 2. Sub -recipient shall maintain an approved Concept of Operations, consisting of a campaign plan and proposed budget which will articulate the intent of how OPSG funds will be used throughout Sub -recipients Grant performance period. 3. If Sub -recipient intends to spend more than 50 percent of its award on overtime over the course of the performance period, a request for an overtime waiver shall be submitted through the Integrated Planning Team. 4. Sub -recipient shall develop and submit Operations Orders for Tactical operational periods to achieve the strategic objectives of the campaign plan. 5. Sub -recipient shall only initiate tactical operations after the specific Operations Order(s) are approved through the Border Patrol Headquarters and by FEMA, and the DPS/THSSAA has issued a Grant Sub -recipient Award or Grant Adjustment Notice (GAN) to the jurisdiction. 9. State Requirements for Grants Sub -recipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, State Administrative Agency Information Bulletins, available at htt.://www.txd.s.state.ix.us/director staff/saa/information bu€Ietins.htm Texas Uniform Grants Management Standards (UGMS) at h:l/ww�n .win x.usf roc Yemeni/ a W. m . f and the State Administrative Agency Sub -recipient Manual, available at http:/iwwww.txdos.state,tb.us/c,iirector stafflsaafdocumentslsubrecioientMVianual.odf. Sub -recipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant, and the approved application. Page 4 OF la Sub -recipient shall comply with the State of Texas General Appropriations Act, Art. IX, Part 4, as follows: 1. Grant funds may not be expended for this Grant to a law enforcement agency regulated by Texas Occupations Code, Chapter 1701, unless the law enforcement agency requesting this Grant is in compliance with all rules developed by the Texas Commission on Law Enforcement (COLE) or TCOLE certifies that the requesting agency is in the process of achieving compliance with such rules. 2. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. 3. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: a. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; b. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office; influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; c. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Sub -recipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; d. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Sub -recipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and e. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Sub -recipient timely completes and files its reports. 10. Restrictions and General Conditions A. Use of Funds. OHS Grant funds may only used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Federal funds may not be used to sue the Federal government or any other government entity. B. Lobbying Prohibited. No funds shall be expended by Sub -Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. These lobbying prohibitions may be found at 31 U.S.C. §1352. Further, Sub -Recipient understands and agrees that it shall not use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval of FEMA. C. Transferring Funds. Sub -recipient is prohibited from transferring funds between grant programs (such as SHSP, UASI, and OPSG) without a properly executed GAN. D. Federal Emnjgyee Prohibition, Federal employees are prohibited from serving in any capacity (paid or unpaid) on any proposal submitted under this Grant. Federal employees may not receive funds under this Grant. E. Cost Categories. There may be limitations on the use of HSGP and/or NSGP funds for the categories of costs listed below. For additional details on restrictions on the use of funds, refer to the FY 2014 HSGP or NSGP FOA, Appendix C, Funding Guidelines. 1. Management and Administration 2. Planning 3. Organization 4. Equipment 5. Training 6. Exercises 7. Maintenance and Sustainment 8. Critical Emergency Supplies 9. Construction and Renovation F. Governing Board Approval. In cases where local funding is established by a Council of Government (COG) or an Urban Area Security Initiative (UASI) governing board, the release of funds by DPS/THSSAA is contingent upon funding allocation approval by the governing board. Page 5 OF 18 G. Notices. All notices or communications required or permitted to be given by either Party hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail, return receipt requested, or sent by overnight courier, such as Federal Express or Lone Star, to the other Party at its respective address. For notice to DPS/THSSAA see address set forth below. For Sub -recipient, see the address listed on the Grant Sub -Recipient Award page or Point of Contact address listed for the Sub -recipient in the DPS/THSSAA Grants Management System (SPARS). ( DPS/THSSAA Contact In __, formation Deputy Assistant Director Texas Homeland Security State Admin. Agency Texas Department of Public Safety P.O. Box 4087 Austin. TX 78773-0220 H. Points of Contacts. Within 30 calendar days of any change, Sub -recipient shall notify DPS/THSSAA of any change or correction to the chief elected official, program, and/or financial points of contact in the DPS/THSSAA grant management system. I. DUNS Number. Sub -recipient confirms its Data Universal Numbering Systems (DUNS) Number is the number listed on this Grant. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or t.://f-d, sv. dnb...m/webform. J. Central Contractor Reaistration and Universal Identifier Reauirements. Sub -recipient maintains that it has registered on the System for Award Management (SAM) at wvvW.sam.aov, or other federally established site for contractor registration, and entered DPS/THSSAA-required information. Sub -recipient shall keep current, and then review and update the information at least annually. Sub -recipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Sub -recipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section .210 of OMB Circular A-133, Audits of States, Local Governments, and Non-profit Organizations. K. Jndirect Cost Allocation Plan. Sub -recipient shall submit its most recently approved indirect Cost Allocation Plan signed by Cognizant Agency to DPS/THSSAA within 30 calendar days of the approval. "Cognizant agency" means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under 2 C.F.R. Part 225 on behalf of ail Federal agencies. OMB publishes a listing of cognizant agencies ath :Ill .n u vls idiss 1 r . Unless the basis of the cost plan changes, Sub -recipient only needs to forward the annual Indirect Cost Rate approval letter to DPS/THSSAA within 30 calendar days after approval by the Cognizant Agency. The approved Indirect Cost Plans and approval letters shall be emailed to SAA RR(dos.texasacv. The Sub -recipient name shall be included in the file name and subject line of the email transmittal. L. Renortina Total Compensation of Sub -recipient Executives. 2 C.F.R. §170.320; see FEMA information Bulletin 350. 1. Applicability and what to report: Sub -recipient shall report whether Sub -recipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §170.320. Sub -recipient shall report whether 80% or more of Sub -recipients annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Sub -recipient answers yes" to both questions, Sub -recipient shall report, along with Sub -recipients DUNS number, the names and total compensation (see 17 G.F.R. §229.402(c)(2)) for each of Sub -recipient's five most highly compensated executives for the preceding completed fiscal year. 2. Where and when to report: Sub -recipient shall report executive total compensation at www.sam.gov, or other federally established replacement site. By signing this Grant, Sub -recipient certifies that, if required, Sub -recipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Sub -recipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. M. Direct Deposit. If Sub -recipient has not received HSGP or NSGP reimbursements from DPS/THSSAA within the past eleven (11) months (prior to date of award), it shall forward a new/updated direct deposit form to DPS/THSSAA. Completed direct deposit forms from Sub -recipient shall be emailed to 5 RR cio t -y r ..eov. The email subject line and attachment name shall include the jurisdiction name and identify the document attached (i.e. "Sample County DD form"). The direct deposit form is currently available at htti;!(wwwwin ow.stat .tx.us/ axinfol .xforrs 174-176.0(. Sub -recipient may simultaneously sign up for the Advance Payment Notification (APN) email feature which provides State of Texas payees with a one -business -day advance notice that a direct deposit payment has been sent to its financial institution. After receiving an APN, a payee may securely access its payment details online. N. Procurements. Sub -recipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 44 C.F.R. §13.36. O. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 44 C.F.R. §13.37(b), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. P. No Contracts with Debarred or Suspended Parties. Prior to contracting with any vendor or subawardee using funds awarded under this Grant, Sub -recipient shall determine whether the vendor/subawardee is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department and agency and shall confirm the vendorlsubawardee does not have any active "Exclusions' by reviewing the vendor/subawardee entity information at littos://wvv .sam..coy/portal! subiic/SAi /. Q. Management and Administration. If this Grant includes a specific award of funds to Sub -recipient for management and administration (M&A), Sub -recipient shall comply with all applicable requirements and limitations with respect to M&A. For additional information on M&A, refer to Information Bulletin 365 located at h ://www ferha..ov/gran sl.r nt-aro"rams-directorate-information-bulletins . R. Personnel Cap. Up to fifty percent (50%) of all HSGP awards received by Sub -recipient may be used for personnel and personnel -related activities as directed by the Personnel Reimbursement for Intelligence Cooperation and Enhancement (PRICE) of Homeland Security Act (Public Law 110-412). In general, use of HSGP funding to pay for staff and/or contractor regular time or Page 6 OF 18 overtime/backfill, among other items, are considered personnel -related costs. Sub -recipient may request a waiver to the 50% personnel cap by submitting a waiver request through its respective regional council or urban area working group to DPS/THSSAA at Ste , . •s texas.. iov. Requests for waivers shall be submitted on official Sub -recipient letterhead and be signed by an authorized official of Sub -recipient. Waivers shall contain the information required on page 9 of the FEMA Information Bulletin 379. S. Property Management and Inventory. At least every two (2) years, Sub -recipient shall take a physical inventory and shall reconcile the results with property records. Sub -recipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (See sample equipment inventory record format at . fiw .xt*:.s gtheftire property and Sub -recipient pierit shall investigate hr) Sub -recipient shall develop and implement a control system to prevent loss, damage or and document any loss, damage or theft of property funded under this Grant. T. Publications. All publications produced as a result of funding under this Grant, which are submitted for publication in any magazine, journal, or trade paper, shall include the following statement: "This material is based upon work supported by the U.S. Department of Homeland Security. The views and conclusions contained in this document are those of the authors and should not be interpreted as necessarily representing the official policies, either expressed or implied, of the U.S. Department of Homeland Security." U. Acknowledgement of Federal Funding from DHS. Sub -recipient shall comply with requirements to acknowledge use of Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. V. Use of DHS. DPS. and DPSITHSSAA Seals and Non -Endorsement. Sub -recipient shall obtain DHS, DPS, or DPS/THSSAA's prior written approval before using any of these agencies' seal(s), logos, crests or reproductions of flags or likenesses of agency officials. Funding of this Grant does not equate to endorsement of use of funding agencies' seals, logos, crests, etc., including use of the United States Coast Guard seal, logo, crests, or reproductions of flags or likenesses of Coast Guard officials. W. Copyright. Sub -recipient shall comply with requirements regarding publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this Grant, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, Sub -recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. Sub -recipient shall affix the applicable copyright notices of 17 U.S.C. §401 or 402 and an acknowledgment of Government sponsorship (including award number) to any work first produced under this Grant. Further, Sub -recipient acknowledges that FEMA National Preparedness Directorate reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for government purposes: (1) the copyright in any work developed under an award or sub -award; and (2) any rights of copyright to which a recipient or Sub -recipient purchases ownership with Federal support. Sub -recipient agrees to consult with DPS/THSSAA regarding the allocation of any patent rights that arise from or are purchased with this funding. X. Quarterly Performance Reports. Sub -recipient shall submit performance reports and progress reviews per DPS/THSSAA and/or FEMA's direction. Reports are entered into the grants management system. Performance reports are due by the twentieth (20th) calendar day after the end of each calendar quarter: January 20, April 20, July 20 and October 20; or as otherwise specified or required by DPS/THSSAA. DPSITHSSAA may require other reports or different timelines to meet federal reporting dates or to respond to information requests. Failure to timely complete a performance report will result in Sub -recipient being unable to request additional reimbursements/advances and may affect future funding. Y. Site Visits. DHS and/or DPSITHSSAA, through its authorized representatives, have the right, at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS on the premises of Sub -recipient or a contractor under this Grant, Sub -recipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. Z. Limited English Proficiency (Civil Rights Act of 1964. Title VI'l. Sub -recipient shall comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, Sub -recipient is encouraged to consider the need for language services for LEP persons served or encountered in developing program budgets. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency(August 11, 2000), requires federal agencies to issue guidance to recipients of federal financial assistance, assisting such organizations and entities in understanding their language access obligations. DHS published the required guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011). The Guidance provides helpful information such as how a recipient of federal financial assistance can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at h .i/vo,AAN.+h...ovl.udanc li h h -Ir -der artn-�ent su._.o ed-. raniz_,tions- srovide- meanirt.f. I -access -people -limited and additional resources on httc://www.lep.gov. AA. Protection of Human Subjects, Sub -recipient shall comply with the requirements of the Federal regulations at 45 C.F.R. Part 46, which requires that Sub -recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Sub -recipient shall comply with the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. For purposes of 45 C.F.R. Part 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart 0). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 C.F.R. Part 46. Page 7 OF 18 BB. National Flood Insurance Act of 1968, Sub -recipient shall comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State Or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 C.F.R. Part 63. CC. USA Patriot Act of 2001, Sub -recipient shall comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery systems of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The Act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the Act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. DD. Fly America Act of 1974. Sub -recipient shall comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. §41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. §40118) and the interpretive guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision 8138942. EE. Activities Conducted Abroad. Sub -recipient shall comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. FF. Trafficking Victims Protection Act of 200Q All recipients of financial assistance shall comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 C.F.R. Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, in each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a sub -recipient: (a) engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) procures a commercial sex act during the period of time that the award is in effect; or (c) uses forced labor in the performance of the award or subawards under the award. DPS/THSSAA is authorized to terminate this Grant ,without penalty, if the above condition is violated. Sub -recipient shall include this condition in any subawards or contracts it makes as a result of this Grant. Full text of the award term is provided at 2 C.F.R. §175.15. GG. Americans with Disabilities Act of 1990. Sub -recipient shall comply with the requirements of Titles I, 11, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. 42 U.S.C, §§ 12101-12213. HH. Public Dissemination of Sensitive Information. Sub -recipient shall notify DPS/THSSAA of any workshops, conferences, seminars or other public venues at least one hundred (100) calendar days before presenting any potentially sensitive information regarding this project. No sensitive information may be presented by Sub -recipients' personnel without DPS/THSSAA and the DHS Grants Officer's review and prior written approval. II, Security ConcernsNiolations. Sub -recipient shall inform the THSSAA's Deputy Assistant Director in writing within two (2) calendar days of Sub -recipient being made aware of any security concerns with individuals having access to government facilities or sensitive information. In the event that sensitive information is divulged in violation of Sub -recipient's security procedures, Sub -recipient shall immediately notify the DPS/THSSAA Deputy Assistant Director and take appropriate law enforcement and legal action. JJ. SAFECOM. Sub -recipient shall comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications for awards under this Grant that provide emergency communication equipment and its related activities. KK. Best Practices for Collectionnnd Use of Personally Identifiable Information (PII).Sub-recipients who collect Personally Identifiable Information (PII) shall have a publically-available privacy policy that describes what P11 it collects, how it uses the PII, whether it shares PII with third parties, and how individuals may have their PII corrected where appropriate. Sub -recipients may also find as a useful resource the DHS Privacy impact Assessments: http://www.dhs.uov/xlibra/assetsiQrivacviDiLuQ)Lpia gujdanre june2010.odf and :/� h vfxlilran IF ! ridrac f ri ac a r 1. p f. LL. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), Sub -recipient shall ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. MM. False Claims Act and Proaram Fraud Civil Remedies. Sub -recipient shall comply with the requirements of 31 U.S.C. §3729 which sets forth that no recipient of federal payments shall submit a false claim for payment. See also 38 U.S.C. §3801-3812 which details the administrative remedies for false claims and statements made. NN. Duplication of Benefits. State, Local and Tribal Sub -recipients shall comply with 2 C.F.R. Part §225, Appendix A, Paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 00. Debarment and Suspension. Sub -recipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. PP. Non -Supplanting Requirement. Sub -recipient shall not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources for programs that prohibit supplanting by law. Where federal statutes for a particular program prohibit supplanting, Sub -recipient may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 11. Other Requirements A. During the performance period of this Grant, Sub -recipient, counties, cities, towns, and Indian tribes shall maintain an Emergency Page 8 OF 18 Management Plan at the Intermediate Level of planning preparedness or higher, as prescribed by the Texas Division of Emergency Management (TDEM). This may be accomplished by a jurisdiction maintaining its own emergency management plan or participating in an inter -jurisdictional emergency management program that meets the required standards. If IDEM identifies deficiencies in Sub -recipients plan, Sub -recipient shall correct deficiencies within 60 calendar days of receiving notice of such deficiencies from TDEM. B. Projects identified and approved in the DPS/THSSAA web -based grant management system must identify and relate to the goals and objectives indicated by the applicable approved project investments for the period of performance of this Grant. Sub -recipient shall submit project plans, milestones, outputs/outcomes, narratives and budget to DPSITHSSAA and FEMA (if required) for approval prior to expending or requesting advances of any funds for this Grant. Sub -recipient shall enter appropriate project milestones into the DPS/THSSAA web -based grants management system within 60 days after award or by the deadline established by DPSITHSSAA, whichever is sooner. Sub -recipient shall report on project status and accomplishments (milestones and outputs/outcomes) in the format(s) and timeframes as required by DPS/THSSAA. C. During the performance period of this Grant, Sub -recipient shall: 1. Participate in a legally -adopted county and/or regional mutual aid agreement. 2. Implement the National Incident Management System (NIMS) in a manner consistent with the NIMS Implementation Objectives outlined by FEMA at f-atj;:,itspr�,nr.fe a oc�vinatti; real-incident-rn-naremertt-astem. 3. Be a registered user of the Texas Regional Response Network (TRRN) (or other response asset inventory management system specified by DPS/THSSAA) and shall identify, resource type, and credential all major deployable resources such as vehicles and trailers, equipment costing $5,000 or more, and specialized teams/response units equipped and/or trained using Grant funds (i.e., hazardous material, decontamination, search and rescue, etc.). This registration is to ensure jurisdictions or organizations are prepared to make Grant funded resources available to other jurisdictions through mutual aid bit : JJ.� rr:fema..Qv/erre r.en in ms)RtesourceMn.i;rtint shtm#item3. 12. Monitorina Sub -recipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program -related criteria are met. DPS/THSSAA, or its authorized representative, reserves the right to perform periodic desk/office-based and/or on-site monitoring of Sub -recipient's compliance with this Grant and of the adequacy and timeliness of Sub -recipient's performance pursuant to this Grant. After each monitoring visit, DPS/THSSAA shall provide Sub -recipient with a written report of the monitor's findings. If the monitoring report notes deficiencies in Sub -recipient's performance under this Grant, the monitoring report shall include requirements for the timely correction of such deficiencies by Sub -recipient. Failure by Sub -recipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. 13. Audit A. Audit of Federal and State Funds. Sub -recipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB Circular A — 133; 44 C.F.R. 13.26). B. Sub -recipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. C. Right to Audit. Sub -recipient shall give the United States Department of Homeland Security (DHS), the Comptroller General of the United States, the Texas State Auditor, DPSITHSSAA, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Sub -recipient shall permit DPSITHSSAA or its authorized representative to audit Sub -recipients records. Sub -recipient shall provide any documents, materials or information necessary to facilitate such audit. D. ,Sub -recipient's Liability for Disallowed Costs. Sub -recipient understands and agrees that it shall be liable to DPS/THSSAA for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Sub -recipient further understands and agrees that reimbursement to DPSITHSSAA of such disallowed costs shall be paid by Sub -recipient from funds that were not provided or otherwise made available to Sub -recipient pursuant to this Grant or any other federal contract. E. Sub -recipient's Facilitation of Audit. Sub -recipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as DPSITHSSAA may require of Sub -recipient. Sub -recipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sub -recipient and the requirement to cooperate is included in any subcontract it awards. F. State Auditor's Clause. Sub -recipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Sub -recipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Sub -recipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Sub -recipient relating to this Grant. 14. Retention and Accessibility of Records A. Retention of Records. Sub -recipient shall maintain fiscal records and supporting documentation for all expenditures of this Grants funds pursuant to the applicable OMB Circular, 44 C.F.R. Section 13.42, UGMS § .42, and this Grant. Sub -recipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or DPSITHSSAA may direct Sub -recipient to retain documents or to transfer certain records to DHS custody when DHS determines that the records possess long term retention value. B. Access to Records. Sub -recipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, DPS/THSSAA, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Sub -recipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Sub -recipient. Sub -recipient shall maintain such records in an accessible location and provide citizens reasonable access to such records consistent with the Texas Public Information Act, Texas Government Code, Chapter 552. Page g OF 18 C. Inclusion in Subcontracts. Sub -recipient shall include the substance of this in all subcontracts, D. After Action Reoortino. Sub -recipient shall complete, deliver to the appropriate source, and retain copies of all after -action reports and certificates of completion for all training and exercises paid for by this Grant. 15. Legal Authority A. Signatory Authority. Sub -recipient assures and guarantees that Sub -recipient possesses the legal authority to enter into this Grant, receive Grant funds and to perform the project Sub -recipient has obligated itself to perform pursuant to this Grant. B. Authorized Representative. The person or persons signing and executing this Grant an Sub -recipients behalf do warrant and guarantee that he/she has been duly authorized by Sub -recipient to execute this Grant on Sub -recipient's behalf and to validly and legally bind Sub -recipient to all terms and conditions and performance obligations. C. Conflicts in Requirements. If conflict exists between federal, state, or local requirements, Sub -recipient shall comply with the strictest requirement. 16. Notice of Litigation and Claims Sub -recipient shall give DPS/THSSAA immediate notice in writing of any action or claim, including any proceeding before an administrative agency, filed against Sub -recipient arising out of performance of this Grant. Except as otherwise directed by DPS/THSSAA, Sub -recipient shall furnish immediately to DPS/THSSAA copies of all documentation or pleadings received by Sub -recipient with respect to such action or claim. 17. No Liability for Employees and Offiger� DPS/THSSAA shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by Sub -recipient, regardless of where the individual's actions or omissions occurred. 18. Non-Waiv r of Defaults Any failure of DPS/THSSAA, at any time, to enforce or require the strict keeping and performance of any provision of this Grant shall not constitute a waiver of such provision, and shall not affect or impair same or the right of DPS/THSSAA at any time to avail itself of same. A waiver does not become effective unless DPS/THSSAA expressly agrees to such waiver in writing. Any payment by DPS/THSSAA shall not constitute a waiver or otherwise impair or prejudice any right, power, privilege, or remedy available to DPS/THSSAA to enforce its rights, as such rights, powers, privileges, and remedies are specifically preserved. 19. Changes and Amendments A. Modification. FEMA or DPS/THSSAA may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Sub -recipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Sub -recipient is not valid. B. Written Amendment, Alterations, additions or deletions to this Grant, such as changes to period of performance and award amounts, shall be made through an executed Grant Adjustment Notice (GAN). C. Authority tq Amend. During the period of performance for this Grant, DPS/THSSAA and/or FEMA may issue policy directives that serve to establish, interpret or clarify this Grant's performance requirements. Such policy directives shall be promulgated by DPS/THSSAA or FEMA in the form of Information Bulletins and Sub -recipient Manuals and shall have the effect of modifying this Grant and shall be binding upon Sub -recipient as if written in this Grant. D. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws or regulations are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event FEMA or DPS/THSSAA determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Sub -recipient shall be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Sub -recipients acceptance of the changes to this Grant. 20. Headings Headings and captions of this Grant are only for convenience and reference. These headings and captions shall not affect or modify the terms and conditions or be used to interpret or assist in the construction of this Grant. 21. Venue Venue shall lie in Travis County, Texas, and this Grant is governed by the laws of the State of Texas. 22. Susp_ension In the event Sub -recipient fails to comply with any term of this Grant, DPS/THSSAA may, upon written notification to Sub -recipient, suspend this Grant, in whole or in part, withhold payments to Sub -recipient and prohibit Sub -recipient from incurring additional obligations of this Grant's funds. 23. Termination DPS/THSSAA shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if DPS/THSSAA determines that Sub -recipient has failed to comply with any term of this Grant. DPS/THSSAA shall provide written notice of the termination and include: Page 10 OF 18 1. The reason(s) for such termination; 2. The effective date of such termination; and 3. In the case of partial termination, the portion of this Grant to be terminated. Appeal may be made to the Deputy Director of Homeland Security, Texas Department of Public Safety. 24. Enforcement If Sub -recipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, DPS/THSSAA or DHS may take one or more of the following actions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by Sub -recipient or more severe enforcement action by DPS/THSSAA or DHS; 2. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 3. Wholly or partially suspend or terminate this Grant for Sub -recipient's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. In taking an enforcement action, DPS/THSSAA will provide Sub -recipient an opportunity for a hearing, appeal, or other administrative proceeding to which Sub -recipient is entitled under any statute or regulation applicable to the action involved. The costs of Sub -recipient resulting from obligations incurred by Sub -recipient during a suspension or after termination of this Grant are not allowable unless DPS/THSSAA or DHS expressly authorizes them in the notice of suspension or termination or subsequently. Other Sub -recipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred by Sub -recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non -cancellable; and 2. The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Sub -recipient from being subject to "Debarment and Suspension" under E.O. 12549. 44 C.F.R. §13.35. 25. Conflict of Interest No employee, officer or agent of Sub -recipient shall participate in the selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, is involved or otherwise creates the appearance of impropriety. 26. Closing of this Grant A. DPS/THSSAA will close a sub -award after receiving Sub -recipient's final quarterly performance report indicating that all approved work has been completed and all funds have been disbursed, completing a review to confirm the accuracy of the reported information, and reconciling actual costs to award modifications and payments. if the close out review and reconciliation indicates that Sub -recipient is owed additional funds, DPS/THSSAA will send the final payment automatically to Sub --recipient. If Sub -recipient did not use all the funds received, DPS/THSSAA will issue a GAN to recover the unused funds. Sub -recipient will return the funds to the DPS/THSSAA within 30 calendar days of receiving the GAN. B. At the completion of Sub -recipient's performance period, DPS/THSSAA will de -obligate ail uncommitted / unexpended funds. C. The closeout of this Grant does not affect 1. DHS or DPS/THSSAA's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Sub -recipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Sub -recipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. Please fill in the appropriate information and certify by signing below that you have read, understood, and agree to the terms of this Grant. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient Organization Nueces County Signature of d 05/11/2015 Date Page 11 OF 18 EXHIBIT A ASSURANCES - NON -CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1581-1683, and 1685-1666 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.G. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which agreement for Federal assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction sub -agreements, 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (RL. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190 as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514) which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for DHS grant -supported activities, DHS -FEMA requires the environmental aspects to be reviewed and evaluated before final action on the application (b) notification of violating facilities pursuant to ED 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 1 1738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348, 45 C.F.R. 46, and DHS Management Directive 026-044 (Directive) regarding the protection of human subjects involved in research, development, and related activities supported by this Grant. "Research" "means a systematic investigation, including research, development, testing, and evaluation designed to develop or contribute to general knowledge. See Directive for additional provisions for including humans in the womb, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). See also state and local law for research using autopsy materials. Page 12 OF 18 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§48O1 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance, and policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit A. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient Org 41 Signature o' uthorized,r►t ficial ation y Nueces County 05/11/2015 Date Page 13 OF 18 EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this Grant. 2. Will give the Department of Homeland Security, the Department of Public Safety, the Comptroller General of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to this Grant and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of this Grant. 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.G. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 16$3, and 1685-1686 and 44 C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 (RL. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in the specific statue(s) under which agreement for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the agreement. 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction sub -agreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) as amended by 42 U.S.C. 4311 et seq. and Executive Order (EO) 11514 which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11968; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq. and Executive Order 11738) providing for the protection of and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters;(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Page 14 OF 18 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, grant guidance and policies governing this Grant. Please fill in the appropriate information and sign to certify this Exhibit B, if applicable. Print Name of Authorized Official Samuel L. Neal Jr. Title Nueces County Judge Sub -recipient Organizati.n Nueces County Signature of Authorized //ZIP 05/11/2015 r is Date Page 15 OF 18 Exhibit C Certifications The undersigned, as the authorized official, certifies the following to the best of hisfher knowledge and belief. A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510 (Federal Certification), The Sub -recipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Sub -recipient can access debarment information by going to w w.sarn.gov and the State Debarred Vendor List h p:lwvwi.window.state.tx.us/procurement/progfvendor performance/debarred. 2, Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (D)(2) of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default; or 5. Where Sub -recipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification) E. Federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Sub -recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Sub -recipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds, and Sub -recipient will require such compliance in any sub -grants or contract at the next tier. G. Sub -recipient will comply with the Drug-free Workplace Act, as amended, 412 U.S.G. §701 et seq. —which requires Sub -recipient to publish a statement about its drug-free workplace program and give a copy of the statement to each employee (including consultants and temporary personnel) who will be involved in award -supported activities at any site where these activities will be carried out. Also, places where work is being performed under the award (Le., street address, city, state, and zip code) must be maintained on file. Sub -recipient will notify the Grants Officer of any employee convicted of a violation of a criminal drug statute that occurs in the workplace. For additional information, see 44 C.F.R. Part 17. Sub -recipient shall comply with the requirements of the Drug -Free Workplace Act of 1988, which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. H. Sub -recipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129 and form SF -424, item number 17 for additional information and guidance. 1. Sub -recipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Sub -recipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Please fill in the appropriate information and sign to certify this Exhibit C. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient Org ization Signature = uthori 05/11/2015 Date Page 16 OF 18 EXHIBIT D State of Texas Assurances As the duly authorized representative of Sub -recipient, I certify that Sub -recipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer, employee, or member of the Sub -recipients governing body or of the Sub -recipients contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Sub -recipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551, which requires all regular, special, or called meetings of govemmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Sub -recipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 1701, Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules if the Sub -recipient is a law enforcement agency regulated by Texas Occupations Code, Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and sub -recipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section _.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub -recipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles 1, 1l, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this Grant. 10. Shall comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally assisted construction subagreernents. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. §§7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA (EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. Page 17 OF 18 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.G. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (RL. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L_ 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.> 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U,S.C. §§469a-1 et seq.), 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. 20. Shall comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro -Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed at ht s::IlwwA,sa i, ovl,rt all!ublicl .AM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. Please fill in the appropriate information and sign to certify this Exhibit D. Print Name of Authorized Official Samuel L. Neal, Jr. Title Nueces County Judge Sub -recipient 0 ganization Nuece County Signature of Au 6I 05/11/2015 Date Page 18 OF 18 Corpus Christi Police Dept. — Partner Recipient Cost Summary Cost Categories ON Fringe Equipment Fuel Maint. Mileage Travel M&A Total Corpus Christi PD Cost $135,010.56 $31,187.44 $110,000.00 $0.00 $0.00 $9,753.00 $0.00 N/A $285,951.00 OT/Fringe $ Equipmen $ Mileage $ 166,198.00 110,000.00 9,753.00 285,951.00 Equipment Item 1: Laser Lidar (1)AEL 14SW-02-RADR $ 3,000.00 Item 2: Fiberscope Camera (1)AEL# 02EX-00-KTFO $ 7,500.00 Item 3: Contraband Kits (4) AEL# 030E-02-TILA $ 2,000.00 Item 4: Camera Package w/Hardware AEL# 14SW-01$ 57,500.00 Item 5: CopSync (20) AEL# 13IT-00-INTL $ 40,000.00 $ 110,000.00 AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 12, 2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3476 House of Rock Agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with Entertainment Showcase Inc. for House of Rock 10 Year Anniversary event and related activities to be held on July 25, 2015 and allow use of City property including Starr Street between Mesquite Street and Lower Broadway Street PURPOSE: To approve date, location and consideration for the House of Rock 10 Year Anniversary event. BACKGROUND AND FINDINGS: The House of Rock will be celebrating 10 years in business. The establishment opened in July of 2005 and has grown into an event venue of all kinds. To celebrate, they will be having a street festival on Starr Street between Mesquite Street and Lower Broadway Street. The House of Rock will be charging $10 for entry into the event. They will have a stage in the street with multiple bands. ALTERNATIVES: Do not approve event agreement. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: RECOMMENDATION: Staff recommends approval of agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with exhibits Ordinance authorizing the City Manager or designee to execute a lease agreement with Entertainment Showcase Inc. for House of Rock 10 Year Anniversary event and related activities to be held on July 25, 2015 and allow use of City property including Starr Street between Mesquite Street and Lower Broadway Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with Entertainment Showcase, Inc. to conduct the House of Rock 10 Year Anniversary Event and related activities. The Agreement allows use of City property including the Starr Street between Mesquite and Lower Broadway Streets, and provides for payment of costs for City services provided for the event. A copy of the Agreement is on file with 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 Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 1 of 17 LEASE AGREEMENT FOR HOUSE OF ROCK'S 10 ANNIVERSARY EVENT State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and Entertainment Showcase, Inc. ("Lessee), a Texas corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. LESSEE — means Entertainment Showcase, Inc., a Texas profit corporation. G. LESSEE's Agent - means a duly authorized representative of the LESSEE. H. Corpus Christi - Nueces County Health District -- means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event - means the House of Rock's 10 Year Anniversary events and related activities sponsored by the LESSEE, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. Page 2 of 17 M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means Starr Street between Mesquite Street and Lower Broadway Street O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The LESSEE will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the LESSEE the privilege of using the Starr Street between N. Mesquite Street and Lower Broadway Street, to conduct its Event. 4. PREMISES REVISIONS. Construction or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and LESSEE Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The LESSEE's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with LESSEE representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking. traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and LESSEE. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. LESSEE's Agent may request additional meetings. 7. ADMISSION FEE. LESSEE may charge an admission fee of $10. Special Events connected with LESSEE may charge another fee to help defray the cost of entertainment. 8. LESSEE'S FINANCIAL OBLIGATIONS. Page 3 of 17 A. Permit Fees. The LESSEE must obtain and pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one- time Parks and Recreation Large Special Event Permit fee of $400.00, Health PermitNendor Fees, Development Services Permit Fees, Traffic Engineering Street Closure Permit Fees and Firework Permit Fee. B. Costs of City Services. City agrees to provide the following services for actual City costs. The current estimate for these City services are provided: 1) Parks and Recreation. Special Event Permit Fee:$ 400.00 2) Traffic Engineering. Traffic Control fees: $550.00 The Parks Director will invoice the LESSEE for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the LESSEE's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. LESSEE's failure to pay the undisputed charges on City's invoice within 30 days after submittal to LESSEE shall result in a late payment fee being assessed against LESSEE. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the LESSEE anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. D. Deposit. The LESSEE must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the LESSEE within 30 days after the Event. E. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the LESSEE, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the LESSEE an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the LESSEE for any additional cost of repair. Page 4 of 17 1. Repairs to Premises. Parks Director will provide the LESSEE's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in 53 PREMISES AND PERMITTED USES, within seven (7) days after the LESSEE has vacated the property, following the conclusion of the Event. LESSEE will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the LESSEE must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the LESSEE fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the LESSEE for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the LESSEE's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. LESSEE will pay City's invoice for damages, within 30 days after City tenders the invoice to LESSEE's Agent, less any amount(s) the LESSEE has disputed. 9. GENERAL PERMITS. LESSEE shall obtain necessary permits from City Departments, as outlined below. A. Temporary Street Closure Permit.. The street closure process will govern any necessary street closures. LESSEE must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Ordinance. All street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Special Event Permit. LESSEE will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. C. Temporary Promotional Event Permit LESSEE will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the LESSEE to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. LESSEE may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. D. Vendor Permit. LESSEE must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces Page 5 of 17 County Health District for the sale of foods and the protection of the public welfare. LESSEE shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) E. Alcohol Vendors. LESSEE must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage LESSEE for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. LESSEE shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in 516 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. F. Fireworks Permit. If Fireworks are being hosted, LESSEE must obtain Fireworks Permit from the Fire Department. G.Water Events. For any water events, LESSEE must obtain necessary permits from the United States Coast Guard. H.Additional Permits. LESSEE's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. 1. Music and Movie Licenses. LESSEE is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The LESSEE must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access B. Parking. The LESSEE will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. LESSEE's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The LESSEE must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station Page 6 of 17 must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. LESSEE may provide a temporary six-foot (6') chain link fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the LESSEE's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. LESSEE must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. LESSEE must remove the screens within the non-exclusive use period after the close of the Event. However, LESSEE must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G.Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if LESSEE provides the Parks Director prior written assurances that LESSEE will remedy said damages in accordance with §8 LESSEES FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H.Temporary Buildings. LESSEE must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. Ail these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. LESSEE is responsible for trash pickup at the Event. LESSEE must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. LESSEE may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and Page 7 of 17 beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the LESSEE and taken to a location designated by the LESSEE. LESSEE may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give LESSEE's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by LESSEE shall be pay. 12. RIGHT OF LESSEE TO USE PUBLIC STREETS. LESSEE acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by LESSEE with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. LESSEE must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. LESSEE must provide uniformed Security Officers during the Event, and after the Event closes each night, until it opens the next day. LESSEE will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by LESSEE. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 LESSEES FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The LESSEE, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. LESSEE agrees to comply with attached insurance Exhibit D. In addition, LESSEE's Agent must furnish to the Risk Manager, Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. LESSEE is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. LESSEE Page 8 of 17 must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. if alcohol is served at any of the LESSEE's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. LESSEE must furnish the Certificates of Insurance in at feast the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. LESSEE must require all volunteers to sign an accident waiver form that LESSEE must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, LESSEE must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, LESSEE must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to LESSEE. 17. INDEMNITY. LESSEE shall indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of LESSEE or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees (`Indemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the House of Rock event and associated activities, with the expressed or implied invitation or permission of LESSEE, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. LESSEE covenants and agrees that if City is made a party to any litigation against LESSEE or in any litigation commenced by any party, other than LESSEE relating to this LESSEE Lease Agreement, LESSEE shall defend City upon receipt of reasonable notice regarding commencement of the litigation. Page 9of17 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 If to LESSEE: Entertainment Showcase, Inc. c/o House of Rock 511 Starr Street Corpus Christi, TX 78401 (361) 510-9863 (361) 882-7625 19. ASSIGNMENT. LESSEE may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of LESSEE to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by LESSEE entitles City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by LESSEE is a waiver by or estoppel against City. in case of termination City is entitled to retain any sums of money theretofore paid by LESSEE and the sums inure to the benefit of City as a set-off against any debt or liability of LESSEE to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from LESSEE by the City are compensation for provision of City services as described herein and for the right of LESSEE to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The LESSEE recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. LESSEE must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at LESSEE's sole expense and cost. Page 10 of 17 24. NON-DISCRIMINATION. LESSEE warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and LESSEE for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to LESSEE's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to form: 12, ao iS By: 6 Lisa Aguilar, s is ant City Attorney For the City Attorney LESSEE: Entertainment Showcase Inc. By: (/- — — Name: ( 1-4-//,/ Title: !,s/r3f//l,,w-q_ Date: Page 11 of 17 Page 12 of 17 EXHIBIT A Description of the House of Rock event and related activities House of Rock 10th year anniversary party will feature live music acts with a stage outside in a private parking lot and music inside the venue. There will be food vendors outside as well as beer booths and sponsor tables. It will be a one day, all day event. Page 13 of 17 EXHIBIT B Dates of Event: Saturday July 25, 2015 Set up : Friday July 24,2015 4:00 PM Take down: Sunday July 26, 2015 Page 14 of 17 EXHIBIT C Depiction of the Premises for the Event — See Attachment HOUSE OF IIOCK 10 YEAR ANNIVERSARY EVENT SATURDAY IDLY 25TH 2015 TEMPORARY STREET CLOSURE REQUEST VENDOR TRUCK VENDOR TRUCK R. UPM EiIWDWAY J°I a J0Q( N 9CNT! ILTS )8O o b LOWER EROAIN AT i) 1 Q 4 NOTES: LEGEND T NO PARKING SKIN TRAFFIC CONTROL STEN H TYPE I1 BARRICADE OA7ES & 17MES NO PARIUNG VERTICAL PANEL SET UP FRIDAY, JULY 24, 2015 - 4:00PU EVERT iRAR1C CONTROL SET -LRS SATURDAY, JULY 25, 2015 - 8:00M1 EVENT TRAFFIC CONTROL BREAK DOWN SUNDAY. JULY 26. 2015 - 5:00A1.1 COMPACT NUMBERS EVENT COORDINATOR CASEY LAIN 361-510-9863 STEPHANIE GARCIA 361.774-5098 POLICE DEPARTMENT Li ISRAEL SOZA 361-461-4481 DUMMIES 10 TYPE 11 BARRICADES 10 REFLEECTORIZEO DRUMS 4 ROAD CLOSED AHEAD 1 ROAO CLOSED 1 DETOUR (114-10} — 1 LANE CLOSURE SIGN (AS SHOWN) 16 NO PARKING SIGN (AS SHOWN) 1 BEM TRAFFIC CONTROL SET UP AT THE START TIMES PROVIDED ON THE TRAFFIC CONTROL PLAN. 2. Ali TRAFFIC CONTROL DEVICES SHALL BE 01 PLACE BEFORE EVENT SET-UP STARTS. AT NO TARE WILL THE EVENT START WITHOUT THE PROTECTION OF TRAFFIC CONTROL. DEVICES OR THE POLICE OFFICERS. 3. THE EVENT UMITS WILL NOT DEVIATE FROM THE LIMITS SHOWN ON THE TRAFFIC CONTROL PLAN UNLESS DIRECTED BY TiE CITY TRAFFIC ENGINEER OR POLICE DEPARTMENT. A. IF YOU SHOULD HAVE ANY OUE5140NS ON THIS EVENT, PLEASE USE THE CONTACT NUMBERS THAT HAVE BEEN PRO TEED. 5. THE ROAD CLOSED SHOWN ON THIS PLAN IS A PEDESTRIAN SAFE ZONE 140 MOVING VEHICULAR TRAFFIC WILL BE ALLOWED IN THE ROAD CLOSURE DURING THE EVENT. 6. ANY TRAFFIC CONTROL OEVLCES MOVED TO GAIN ACCESS DURING EVENT SET-UP MUST BE MOVED BACK TO TTS POSRION IMMEDIATELY AFTER ACCESS IS GAFIED. conziwors o C 1 1 k 1 9m 1 d T Plain MOM ALL CT PRCUECT Page 15 of 17 EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be Listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence Page 16 of 17 PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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; Page 17 of 17 • 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, cancellation, non -renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Parks and Recreation Dept. House of Rock Event 12/29'2014 ds Risk Management • 2?�•. (,�,• �r�I 121 1163 1 23 306163 TOro wag> 2102 3 0(0 •1(311 23101 7125 73011 rove :N13333 11213 _J er=T/ fv 3130 33312023 2131031 3113 7.1'� .rtkAMlra4,Att O3A0tlddV uoisinid 5uuaau16u3 °spoil 4uawiodad suopoJad0 ;aa.#S SVX31 LLSWWHO Sndd00 JO ,110 NV1d 70d1N00 OLVVXL AldVd .12165213NNNV 8V3){ Ol )100d JO 3S1OH B!OZ 2011.563530 a, 163 roe 306103 0 Z 0 Q O m O Q Z d O_ 0 O N(n 0CO0 I O J� 1 =u1 N0¢ Z 1 Nc) CO I U. Z cc O_ Lc, i N p O z V z 88 b 88 b d M W LLD 2O rn O I I <o 00 M M 361-461-4481 4 OWER BROAD 0 LI *JS aouVi TYPICAL "NO PARKING' LII 0 0 1D 8 b b a 'hS 88 8 N r Lal CC J CI W~Ly O lsw¢i{UQ O �0 W0 Z QNQ N!LL �� > LJ0 3 W ZOg D U O U a QO v o_ 2 3 J w z IN i, m,_o_ (nu,. Zo 633 00 pM WQIaJ M~ W>D p0 U� H ¢N� Jm W� dQ Q0 0- I- d=OC W0 N QW ZQ IQ =WO H� � W (nm 0 <n L1N �w� m J 00 I-- 0V ••:, 2= QWd �I- NQZ g� dZ N30 0IZw NQ :CW> :O g WWt pOW OU1 Z W W> �_1 Z' -OU 0QJ J0 d= 0g2 Z8 FT � 0z _1ZW _1 WO 0 0 �mi-Li Z z0 cQi 'me g O QZ (n>(0 El 17A CQ? OU = oZ� 2U OWOO ZEN V1` O6O H0Z 0~ o=_ 0 e_ 117 U¢Z JUC? OO USO Uj0 '-0 Qn-U W•(3 N2 OZ OU <133< ZCC F .-7 �il 0'—Iy =O~ O_ i0 ~ZW U _,1-K =_* >IW%1 =00 Z>W>I-i 00 Q(1 O --- LLO HNK QWQ N 03 4 I(1 cD 5 TYPICAL "NO PARKING" O '1I } "3_s )1003 ,061 TYPICAL "NO PARKING" '159ld03d 0 4 4 U 4 a HOUSE OF ROCK 10 YEAR ANNIVERSARY EVENT SATURDAY JULY 25TH 2015 TEMPORARY STREET CLOSURE REQUEST moo*`w r,,,r, ' ' t VENDORS -7 VENDOR TRUCK Starr ONE WAY VENDOR TRUCK Nouse of HOUSE OF ROCK 10 YEAR ANNIVERSARY EVENT SATURDAY JULY 25TH 2015 TEMPORARY STREET CLOSURE REQUEST moo*`w r,,,r, ' ' t VENDORS -7 VENDOR TRUCK Starr ONE WAY VENDOR TRUCK Nouse of AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: 6/22/2015 TO: Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 Retired Senior Volunteer Program (RSVP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Retired Senior Volunteer Program (RSVP). BACKGROUND AND FINDINGS: The City receives grant funding for the Retired Senior Volunteer Program (RSVP) through Federal and State and local grants and matching funds that must be appropriated each year. This award is year two of a three year contract with the corporation for National and Community Service. The amount of $45, 434 is the Federal portion of the three year contract. There is no additional local match for this portion. The RSVP program Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During a previous grant period (7/1/2014-6/30/2015) and fiscal year 2014-2015, 390 enrolled volunteers contributed 69,132 hours through 38+ different non-profit organizations like the, CASA, Corpus Christi Food Bank, KEDT TV, VA Clinic, and other community based organizations like Mission of Mercy, Corpus Christi Medical Center, USS Lexington, and AARP Chapters, to name a few. RSVP has set a goal to provide the community 50,000+ volunteer hours. This grant year the RSVP volunteers will succeed our set goal and will work diligently to surpass the hours provided last grant year. ALTERNATIVES: Reject the grant award and discontinue the RSVP Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate local grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item (grant) $45,434 $45,434 BALANCE $45,434 $45,434 Fund(s): Parks and Recreation Grant Fund Comments: Federal grant for FY15 (effective July 1, 2015) RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Retired Senior Volunteer Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program; appropriating the $45,434 grant in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $45,434 for the Retired and Senior Volunteer Program. SECTION 2. That $45,434 is appropriated in the No. 1067 Parks and Recreation Grants Fund to continue the Retired and Senior Volunteer Program. Attest: City of Corpus Christi Rebecca Huerta 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 , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Retired and Senior Volunteer Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 Award Information Agreement No.: 14SRWTX004 Performance Period: 07/01/2014 - 06/30/2017 Amendment No.: 4 Budget Period: 07/01/2015 - 06/30/2016 CFDA No.: 94.002 Grant Year: 2 Award Description Authorize FY2015 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the National and Community Service Act of 1990, as amended (42 U.S.C. § 12501 et seq.). Funding Information Year 2 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $45,434 $45,434 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $45,434 $45,434 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $47,934 $93,368 Funding Source and Amount 2015--OPE1-P74-0P0-22413-4101 $45,434.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4/20/15. By July 31, 2015 grantee should submit the A-133 audit report for the fiscal year ending 7/31/2014 to the Corporation for National & Community Service (CNCS). The report should be mailed to your assigned Grants Management Specialist at the Field Financial Management Center. Failure to submit the requested documentation may result in restriction being placed on your ability to draw down grant funds from your organization's Payment Management Account. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2015 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://egrants.cns.gov/termsandconditions/GeneralTermsandConditions20141217.pdf, and the Program Terms and Conditions found at https://egrants.cns.gov/termsandconditions/RSVPSpecificTerms&Conditions20150114.pdf. Recipient also Page 1 For Official Use Only For Official Use Only Notice of Grant Award Retired and Senior Volunteer Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Corporation for National and Community Service: 06/08/2015 Signature Award Date City of Corpus Christi Legal Applicant Lennette B. White Ericka Maldonado Senior Grants Officer Lennette B. White, 215-964-6309 Grants Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only Project Director Becky Perrin Certifying Official/Executive Officer AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: TO: 6/23/2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 Senior Companion Program (SCP) grant award CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. PURPOSE: Appropriation of grant funding to allow for the continuation of the Senior Companion Program (SCP) BACKGROUND AND FINDINGS: The City receives grant funding for the Senior Companion Program through Federal and State and local grants and matching funds that must be appropriated each year. This award is year three of a three year contract with the corporation for National and Community Service in the amount of $264,007. The Senior Companion Program (SCP) consist of low-income volunteers 55 years and over who are willing to serve as companions to homebound elderly and/or disabled persons 21 years of age or older. Through Volunteer Stations such as Area Agency on Aging, Veterans Administration, Senior Community Services and various Home Health Care Agencies, our companions provided 64,802 hours of service in our community last year. According to the Independent Sector's Value of Volunteer Time, one hour of volunteer service in the State of Texas is valued at $23.40 per hour. Last year, the total value of services to our community was $1,516,367. The program is two -fold, it provides valuable services to clients and caregivers in order for seniors to remain in their own home or the home of a love one, it also provides the companions with a since of being needed, which keeps them stay active. The $2.65 per hour stipend that is paid to the Senior Companion also provides low income seniors, who are on fixed income, a little extra to help them with their expenses related to their volunteer time. The stipend is tax free and does not interfere with any other benefit they may be receiving. During our grant year, July 2, 2015 -June 30, 2015, we anticipate serving 125 individuals, with no less than 64,000 hours of service. The Senior Companion Program has been part of the City of Corpus Christi for over 25 years. ALTERNATIVES: Reject the grant award and discontinue the Senior Companion Program. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council authorization is required to accept and appropriate Federal grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal, Finance, Budget FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $ 264,007 $264,007 BALANCE $ 264,007 $264,007 Fund(s): Parks and Recreation Grant Fund Comments: Federal grant for FY15. RECOMMENDATION: Staff recommends acceptance of the grant from the Corporation for National and community Services for the continuation of the Senior Companion Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Notification of Grant Award Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program; appropriating the $264,007 grant in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program; Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant awarded by the Corporation for National and Community Service in the amount of $264,007 for the Senior Companion Program. SECTION 2. That $264,007 is appropriated in the No. 1067 Parks and Recreation Grants Fund to continue the Senior Companion Program. Attest: City of Corpus Christi Rebecca Huerta 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 , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Notice of Grant Award Senior Companion Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 EIN: 746000574 DUNS: 069457786 Award Information Agreement No.: 13SCWTX001 Performance Period: 07/01/2013 - 06/30/2016 Amendment No.: 3 Budget Period: 07/01/2015 - 06/30/2016 CFDA No.: 94.016 Grant Year: 3 Award Description Authorize FY2015 funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the National and Community Service Act of 1990, as amended (42 U.S.C. § 12501 et seq.). Funding Information Year 3 Previously This Award/ Total Current Awarded Amendment Year This Year Total Obligated by CNCS $0 $264,007 $264,007 Grantee's Unobligated Balance (Carryover) $0 $0 $0 Total Available $0 $264,007 $264,007 Cumulative Funding for Project Period Total Awarded in Previous Amendments Total CNCS Funds Awarded to Date $528,014 $792,021 Funding Source and Amount 2015 --OPE 1 -P77 -OPO -22413-4101 $264,007.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 4/20/15. By July 31, 2015 grantee should submit the A-133 audit report for the fiscal year ending 7/31/2014 to the Corporation for National & Community Service (CNCS). The report should be mailed to your assigned Grants Management Specialist at the Field Financial Management Center. Failure to submit the requested documentation may result in restriction being placed on your ability to draw down grant funds from your organization's Payment Management Account. Grantee shall prepare a Project Progress Report semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2015, which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Page 1 For Official Use Only For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106-3323 Grantee City of Corpus Christi 1201 Leopard St PO Box 9277 Corpus Christi TX 78401-2120 E1N: 746000574 DUNS: 069457786 Terms of Acceptance: By accepting funds under this grant, recipient agrees to comply with General Terms and Conditions found at https://egrants.cns.gov/termsandconditions/GeneralTermsandConditions20141217.pdf, and the Program Terms and Conditions found at https://egrants.cns.gov/termsandconditions/FGP_SCPSpecificTermsandConditions20141217.pdf. Recipient also agrees to comply with assurances and certifications made in the grant application, and applicable federal statutes, regulations and guidelines. Recipient agrees to administer the grant in accordance with the approved grant application, budgets, supporting documents, and all other representations made in support of the approved grant application. Corporation for National and Community Service: 06/04/2015 Signature Award Date City of Corpus Christi Legal Applicant Lennette B. White Debbie Crites Senior Grants Officer Lennette B. White, 215-964-6309 Grants Officer Benjamin Alamprese, 512-391-2944 Program Officer Page 2 For Official Use Only Project Director Becky Perrin Certifying Official/Executive Officer AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: May 15, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 First Reading Ordinance - Closing a utility easement located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way CAPTION: Ordinance abandoning and vacating a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. PURPOSE: The purpose of this item is to correct the location of the existing easement that was mistakenly overlooked in the final plat, and the City is now initiating this abandonment to allow for the sale of the land to HEB. BACKGROUND AND FINDINGS: City of Corpus Christi in agreement with the Owner (Ronald S. Browning) of the property, is requesting the abandonment and vacation of a 17,405.20 -square foot portion of an existing 20 - foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way. The abandonment and vacation of the utility easement is being requested because the Engineer mistakenly forgot to correct the old easement in the final plat, and the City is initiating this abandonment to allow for the sale of the land to HEB. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 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 of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. WHEREAS, Ronald S. Browning (Owner) is requesting the abandonment and vacation of a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Ronald S. Browning ("Owner"), a 17,405.20 -square foot portion of an existing 20 -foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way, as recorded in Volume 68, Pages 394-395, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes map in Document No. 2004024340, is attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor STATE OF TEXAS COUNTY OF NUECES TRACT 415 Moon 2004024340 Utility Easement § KNOW ALL BY THESE PRESENTS § That the undersigned, "GRANTOR" (whether one or more) of 7082 Lake View Drive, Corpus Christi, Texas, 78412.5041, In consideration of Ten Dollars ($10 00) and olher good and valuable consideration, paid by the CITY OF CORPUS CHRISTI, a Texas Home Rule munidpal corporation, 1201 Leopard Street, Nueces Counly, Texas 78459- 9277, ("GRANTEE') the receipt and suffdency of which Is hereby acknowledged. has GRANTED, SOLO, and CONVEYED, and does hereby GRANT, SELL, and CONVEY to Grantee, Its successors, legal representatives and assigns, the free and uninterrupted use, liberty, privilege, and exclusive easement of going in, on, over, under, and along a certain tract of land situated in Nueces County, Texas (the •Premises7_ together with free Ingress, egress, and regress within said easement by Grantee, its duly aulhodzed agents, servants, and franchisees, la be used from time to time for the municipal purpose of constructing. laying, operating, inspecting, servicing, repairing, maintaining, replacing keeping, and removing public utility lines (including above and below ground appurtenances !hereto) on aver under, and along the Premises described In Exhibit 'A' attached herelo and adopted by this reference for all purposes GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE, a Temporary Construction Easement described as an additional Filly fool wide canslruction easement, west of and adjacent to the above-described uIIUty easement. Said temporary construction easement will be used for the purpose of providing working room and storage of materials and machinery during the constructing or laying of the initial public utility line under the leans of this gran! This Temporary Construction Easement automalically terminates upon completion and acceptance by the City Manager of the City of Corpus Christi. Texas of the Initial Line laid or constructed The location of the rd1e55.s EXHIBIT A TRACT 415 above-described utility easement and temporary construction easement are more particularly described by the plat identified as Exhibit "S'' attached hereto and adopted by This reference as a part hereof for all purposes The nghls conveyed to the Grantee herein are easements only, and there is reserved unto the Grantor, Grantor's heirs, executors and assigns, the use and enjoyment of the Premises subject only to the dominant right of the Grantee to the full use and enjoyment of the same, without interference, for the purposes for which the same are herein conveyed. The City of Corpus Christi shall, from time to lime, after any construction under the Ierms of this easement, restore the surface of land within the easement areas as nearly as practicable to the same condition, as existed prior to such construction Grantee shall have no right la use any of Grantor's property outside the easements herein conveyed TO HAVE AND TO HOLD, ALL AND SINGULAR the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives and assigns for the above-described utility easement and temporary construdion easement for the municipal purpose and uses herein above-described for so long as the same are used for such purpose, and if the use of said easement i5 ever abandoned then the aforesaid rights and pmri cease Signed this Q day of %4- prf Grantor 7 Ronald S. Brownin 2 157685 5 , 2004 THE STATE OF r Le-f4S COUNTY OF /lllre 65 5 5 § This instrument was aclmowledged before me on 2004. by Ronald S Browning. 1;=11 GANAJR 1. tr,-Yrt18.lC suns tau ter, Ey rissrmas TRACT 41S rez Notary Public, ale of 7‘ r ACCEPTED for the City of Corpus Christi. a municipal corporation and body politic under the laws of the Stale of Texas on (1R 1') . 2004. • Grantee CITY OF CORPUS CHRISTI, TEXAS P.O. Box 9277 City Hall, 1201 Leopard Street, THIRD FLOOR Department of Engineering Services PROPERTY AND LAND ACOUISMON DIVISION Co . - fist, Texas 78489-9277 George K. Noe, City :tan ger APPROVED AS TO LEGAL FORM ON Actel THE STATE OF TEXAS COUNTY OF NUECES Sessiciecidtttt corporation. for the CITY ATTORNEY + Joseph Ha ey, A^,slst City Attorney City Legal Department § 5 . 2004 f ment was acknowledged before me on 2904. by 'AngeicRxrcsirobeciaacilintifiefieballiiiilit9AIRGeorge R. Noe ity of Corpus Christi, a Texas municipal corporation, on behalf of said as City Manager Came Psisa-J2,12,"' r tar Cv 2 ' S"w's 1 �.� None!. Yret 7007 Not: Public, State of Texas le7sess /(�ht•, ATTF.ST AIINI41Ah7-H1hr'11 T. ey!:."4' nal -4 of U Uit$hILty eT mom._ �....� l I b~' -- trt (361)854 3101 STATE OF TEXAS COUNTY OF NUECES Jab No. 33760.A205 October 9.2003 o BOX 6355 • CORPUS CI4RSIi TEXAS 7a4b66355 rAX (361)854.6001 EXHIBIT A TRACT 415 Fieldnoles fora 20 00 foot wide utility casement out or 25,00 acre tract of land; said 25.00 acre tract being out of Lots 22, 23, 25 and 26, Section 20, Flour Bluff& Encina) Farm & Garden Tracts, a map of which is recorded in Volume A. Pages 41 thru 43, Map Records of Nueces County, Texas end being the same property conveyed in deed recorded in Document No, 913419, Deed Records of Nueees County; said utility easement being further described as follows: Beginning at a point on the existing northwest boundary of Rodd Field Road for a comer of said 25.00 acre tract and fax the south corner of this easement, from which corner the centerline intersection of Rodd Field Road and Slough Road, a public 40 foot roadway, bears South 61019'49" East 60.00 feet and (hence South 2E40'1 I" West 219.611 reel and from which beginning point a found concrete manumcnt bears North 28'40' II" East 0.25 feet and from which Point of Beginning a National Geodetic Survey monument stamped "5S-100" bears South 79'25'06" West 14,473,45 feet and another National Geodetic Survey monument stamped "SR -070" bears South 44'16'14" East 9,591.30 feel; Thence, South 55'14'05" West, with the northwest flare right-of-way of rod Filed Road, same being the existing southwest boundary of said 25.00 acre tract and the southwest boundary of this casement, 44.72 feet for the west cornet of this cawcment. Thence, North 28°40'11'' Fast, with the northwest boundary of this easement, parallel with the existing northwest boundary of Rodd Field Road and 20,00 feet distant there from, measured at right angles thereto, a distance or 890.26 feet to the common boundary orsaid 25.00 acre tract and ofa 3.456 acre tract (Document No 877262, Official Records of Nueces County, Texas) far the north corner of this easement; Thence, South 61°19'49" East. with the with the above mentioned common boundary. same being the northeast boundary of said 25.00 acre Irael and of this casement, 20.00 feet to a 51 inch iron rod found for the south corner or sold 3 456 acre Iracl, tor the out corner of said 25,00 acre tract and for the west corner of this easement. Thence, South 28'40'11" West, with dee southeast boundary of said 25.00 Gere tract of land end of this easement. same bring the existing nurihwest boundary of Rcdd Field Road, parallel with its cenir:Itne and 60.00 feel distant there from, measured at right angles thereto, 850.26 feet to the Point of Beginning and containing 17,405 201 square feet of land. Bearings based on GPS bearings, NAD83, Texas South Zone, National (ieodelic Survey monuments "SR•070" (North coordinate - 17,123,255.1563 East coordinate •• 1.353,940,5964) and "SS -100" (North coordinate = 17,127,465.1516 East coordinate • 1,338,024,1126) were used as control points for establishing basis of bearing. Coordinates shown are based on Texas Slate Plane Coordinate System, South Zone (NAD83), URBAN ENGINEERING )dhPyin JUAN J. SAI.AZAR. R.I'.I..S. License No 4909 E.NU21DUr1Sarre mSU)76a.A]a5WN EXHIBITSU3760A70511.: 7rt415 doe 2725 SWANTNER DR • CORPUS CHRISTI, TEXAS 78434 mail$urbaneng.com Pap 1at1 1 f1 w WM= MUtD OM 1 MOP= 112001 1121.2 SCUM DIME WW1 Im01TC iAFl1[7 lama= P! -air ¢107111 axamaT2 ...121L1.232.1103 CAST 027221Al2 . I.3K544.2114) NO 7$000' (11071! CCDM ATI . D'AVam212 [AIT COMMIT + 1.321.014412lear WED Ai a�i1t w roam rot crania aaas a nr�al¢ OXRDNAm MOM MC MA® OM TIMM STAi2 M.MC TOMODATE 10112 2222 ODOM OF LOTS � MID % 00 ACRE TRACTOUT 20 FLOUR BUFF AND BOWL FARM AND CAMEN 1 tilos YOE. A. PCS. 41-3. AP RECORDS OF MJECE5 COMM MOS CdMR 14302,222 4t1. O1 pWPM _ .. gaol it+ your♦ eVV kh/R! vu.suala am TT.) P 1411111 10 M $4.03.15* 4 ICQ 3. Q moi' p�,� 1yn 7- v i 1-1 fiaY.i V' ... N mom" ,�( 1 J N28'40'11'E wart a 10 NRV 2221,211' xs1 1100 .21-270' €...IQdaa'1;coAEttv4 a Erma 4177 „ R000 FIELD ROAD 2.23* 528'40'11 `W ' 850.28' { �...LEMMA TRACT: 415 70.00 fort ielia rimy sernwll DA f MOO vat 71.1 N Dr4 DA M kb 22. 73, 22 .4 12, faction 30. Fluff iuft rM maul ram yr A. a<WINO O >r trerrdimeid WW1 Mthe TITO Ini�aasy m—i7, c rA/ M d. 2 n.rdy M 6rlrnw4 Ns 113415. CI Ilrmrdr tl Imam cm*. tri 0ITTIND2 10141D 8. /1011013 3Tf.S Cuwsrrar wan !cram rm • 44;44 cable ravel mraml 011. Clay. Co. . .- 4141Z1411"4%5 Cwnr mins City of Corpus Christi P. 0. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DiV. Corpus Christi, Texas 78469-9277 RnyF1,%63C bcrt41 wit!, fr:0101 he We to ori Sammycejyk F} a Leen Carrnit ead yoy LLUN; 3n Aerial Overview Aerial AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July 21, 2015 DATE: June 15, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 CAPTION: Jeff Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 Interlocal Cooperation Agreement and Construction Contract Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements Ordinance appropriating $307,419.45 of anticipated revenues from the Corpus Christi Independent School District (CCISD) in Fund No. 3530 for the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements project; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $307,419.45; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with CCISD for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and authorizing the City Manager or designee to execute a construction contract with Austin Traffic Signal Construction Company of Pflugerville, Texas in the amount of $292,780.43 for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements for the Base Bid only. PURPOSE: The purpose of this Agenda Item is to appropriate funding from and execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District (CCISD) for traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School; and execute a construction contract with Austin Traffic Signal Construction Company of Pflugerville, Texas in the amount of $292,780.43 for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements for the Base Bid only. BACKGROUND AND FINDINGS: CCISD is constructing the new Veterans Memorial High School at the intersection of Cimarron Boulevard and Lipes Boulevard, which will open 2015-2016 school year. A Traffic Impact Analysis Study determined a new signal is warranted at the intersection of Cimarron Boulevard and Lipes Boulevard. On May 6, 2015, the City received proposals from two (2) bidders as follows: Contractor Base Bid Star Operations, Inc. San Antonio, Texas $246,698.55 Austin Traffic Signal Construction Company Pflugerville, Texas $292,780.43 As per the Project Specifications, Section IV. Requirements Item 5: 5. Contractor is required to have one certified IMSA Level II or higher Traffic Signals Technician and a journeyman licensed electrician to make necessary repairs to traffic signal devices external or internal to the traffic signal controller cabinet. The IMSA Level II or higher -certified Traffic Signals Technician and Texas licensed journeyman electrician are required to be on the job -site at all times to supervise construction, installation and troubleshooting. No work will occur at any signalized intersection under this agreement without a Traffic Signals Level II or higher technician and a Texas licensed journeyman electrician present at all times. PROPOSERS SHALL PROVIDE TO THE CITY WITH THEIR PROPOSALS A COPY OF THE IMSA CERTIFICATION(S) & JOURNEYMAN'S LICENSES FOR ALL EMPLOYEES WHO WOULD BE PERFORMING THIS WORK. The apparent low bidder, Star Operations, Inc., did not submit this required information with their bid proposal and as such was determined to be non-responsive. Therefore, staff determined the lowest responsible bidder is Austin Traffic Signal Construction Company. Per the Interlocal Agreement, CCISD provided the plans and specifications for the project to allow the City to bid the project and complete construction before August 24, 2015. CCISD agrees to reimburse the City for 100% of the costs of construction under the construction contract. City shall invoice CCISD monthly for costs incurred on the project. CCISD will pay City within 30 -days from the date of receipt of City's invoice. The City agrees to bid, award, administer, inspect the construction, and provide all future maintenance. ALTERNATIVES: 1. Execute the Interlocal Cooperation Agreement with CCISD and the construction contract with Austin Traffic Signal Construction Company (recommended). 2. Do not execute the Interlocal Cooperation Agreement with CCISD and the construction contract with Austin Traffic Signal Construction Company (not recommended). CONFORMITY TO CITY POLICY: The Interlocal Cooperation Agreement is authorized by Chapter 791 of the Government Code and conforms to the City's policies and charter requirements for contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Not applicable FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget (City Share) $0.00 $25,342.00 $25,342.00 Ordinance (CCISD) 0.00 307,419.45 307,419.45 Budget (CCISD) 33.584.80 33.584.80 TOTAL BUDGET 0.00 $366,346.25 $366,346.25 Encumbered / Expended Amount 0.00 0.00 0.00 This item 0.00 $292,780.43 $292,780.43 Future Anticipated Expenditures This Project (City Share) 0.00 25,342.00 25,342.00 CCISD Expenditures 48,223.82 48,223.82 BALANCE $0.00 $0.00 $0.00 Fund(s): CCISD and Bond 2012 Street Traffic Signal Improvements RECOMMENDATION: City staff recommends approval of the Ordinance to enter into the Interlocal Agreement and the construction contract. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Interlocal Cooperation Agreement Ordinance Presentation PROJECT BUDGET Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements FUNDS AVAILABLE: Corpus Christi Independent School District (CCISD) $ 341,004.25 City Share (Bond 2012 - Traffic Signal Improvements) 25,342.00 TOTAL $366,346.25 FUNDS REQUIRED: Construction City (Austin Traffic Signal Construction Company) $ 292,780.43 Contingency (5%) 14,639.02 Construction Inspection (In House) 6,587.00 Consultant Fees: * Consultant (Maldonado Bukett Intelligent Transportation Systems) 33,584.80 Land Acquisition (Property Easements) 6,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 4,400.00 Capital Programs (Project Mgt/Constr Mgt/Traffic Mgt Services) 5,855.00 Misc. (Printing, Advertising, etc.) 2,500.00 TOTAL $ 366,346.25 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Paid directly to consultant through separate contract by CCISD THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT BETWEEN CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI FOR CIMARRON BOULEVARD AND LIPES BOULEVARD TRAFFIC SIGNAL IMPROVEMENTS This Interlocal Cooperation Agreement is made between Corpus Christi Independent School District ("CCISD") and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, CCISD is building a new Veterans Memorial High School on Cimarron Boulevard and requires traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard; NOW, THEREFORE, BE IT AGREED BY CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Cimarron & Lipes Traffic Signal Improvements Project. The City agrees to construct traffic signal improvements at the intersection of Cimarron Boulevard and Lipes Boulevard to benefit the CCISD Veterans Memorial High School. The traffic signal improvements include a traffic signal at the intersection and school zone flashers on Cimarron Boulevard and Lipes Boulevard ("Project"). 2. Cost Sharing. The City and CCISD will cooperate in the funding for the traffic signal improvements. The parties acknowledge that the amounts stated in this agreement are an estimate only, and that the final cost shall be determined upon completion of the Project. a. CCISD agrees to hire and pay for the cost of the design consultant. CCISD will also provide certain materials to be used in the construction of the traffic improvements, including the traffic signal mast arms, traffic signal poles and miscellaneous fittings. The estimated construction cost for the Project is $250,000.00. b. The City agrees to pay for the traffic signal easements necessary for the Project, bid the Project, oversee construction and perform inspection services. 2. Reimbursement of Construction Costs. City shall invoice CCISD monthly for costs incurred on the Project. CCISD will pay City within 30 days from the date of receipt of City's invoice. 1 3. Timing of Construction. CCISD agrees to cause the plans, specifications and estimates for the Project to be completed in sufficient time to allow the City to bid the Project and complete construction before August 24, 2015. City agrees, subject to CCISD's completion of the plans, specifications and estimates to bid the Project so that construction may be completed by such date. The parties agree that the construction of the traffic signal improvements should be completed before August 24, 2015, in time for the opening of the Veterans Memorial High School. 4. Term of Agreement. This Agreement shall be for an initial term of one year. 5. Payments. Any payment made by either the City or the CCISD for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of CCISD and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 6. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. CCISD: Superintendent Corpus Christi ISD 801 Leopard Street Corpus Christi, Texas 78403 CITY: City Traffic Engineer City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 7. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 8. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 9. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 10. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 2 11. Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT CITY OF CORPUS CHRISTI )1134Date) Valerie Gray, P.E. (Date) Executive Director of Public Works ATTEST: ATTEST: r �� 1Z, .0167(7-2,d Board Sec tary ate Rebecca b ecca Huerta, City Secretary (Date) APPROVED AS TO FORM: APPROVED AS TO FORM: 717k, y—loc—ier Attorney for Corpus Christi ISD (Date) Assistant City Attorney (Date) 3 CCISD VETERANS MEMORIAL HIGH SCHOOL TRAFFIC SIGNALS IMPROVEMENTS - CIMARRON BLVD AND LIPES BLVD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 ORDINANCE APPROPRIATING $307,419.45 OF ANTICIPATED REVENUES FROM THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT (CCISD) IN FUND NO. 3530 FOR THE CIMARRON BOULEVARD AND LIPES BOULEVARD TRAFFIC SIGNAL IMPROVEMENTS PROJECT; CHANGING THE FY 2015 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030303 TO INCREASE REVENUES AND EXPENDITURES BY $307,419.45; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH CCISD FOR TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF CIMARRON BOULEVARD AND LIPES BOULEVARD FOR THE NEW VETERANS MEMORIAL HIGH SCHOOL; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONSTRUCTION CONTRACT WITH AUSTIN TRAFFIC SIGNAL CONSTRUCTION COMPANY OF PFLUGERVILLE, TEXAS IN THE AMOUNT OF $292,780.43 FOR THE CIMARRON BOULEVARD AND LIPES BOULEVARD TRAFFIC SIGNALS IMPROVEMENTS FOR THE BASE BID ONLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add $307,419.45 of anticipated revenues from the Corpus Christi Independent School District to the Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvement project. SECTION 2. Revenues and expenditures in the amount of $307,419.45 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303. SECTION 3. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District (CCISD) to improve traffic signals at the intersection of Cimarron Boulevard and Lipes Boulevard for the new Veterans Memorial High School. SECTION 4. The City Manager or designee is authorized to execute a construction contract for the Cimarron Boulevard and Lipes Boulevard Traffic Signals Improvements project in the amount of $292,780.43 for the base bid only with Austin Traffic Signal Construction Company of Pflugerville, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Jchrsti Capital Programs Cimarron Boulevard and Lipes Boulevard Traffic Signal Improvements Council Presentation July 14, 2015 Project Scope dit° Corpus Chrsti Capital Programs CCISD is building a new Veterans Memorial High School on Cimarron Boulevard and Lipes Boulevard. Improvements include a traffic signal, school zone flashers, traffic signal mast arms, traffic signal poles, and miscellaneous fittings. City agrees to bid the project & oversee construction; & perform inspections services. CCISD agrees to cause the plans and specs for the project to be completed in sufficient time to allow the City to bid the project and complete construction before August 24, 2015. 2 Project Schedule co) Corpus Chrsti Capital Programs 2015 Apr May Jun Bid Jul Aug Construction Project Budget FUNDS AVAILABLE: Corpus Christi Independent School District (CCISD) $341,004.25 City Share (Bond 2014) 25,342.00 TOTAL $366,346.25 FUNDS REQUIRED: Construction City (Austin Traffic Signal Construction Company) Contingency (5%) Construction Inspection (In House) $292,780.43 14,639.02 6,587.00 Consultant Fees: * Consultant (Maldonado Bukett Intelligent Transportation Systems). 33,584.80 Land Acquisition (Property Easements) Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Capital Programs (Project Mgt/Constr Mgt/Traffic Mgt Services) Misc. (Printing, Advertising, etc.) 6,000.00 4,400.00 5,855.00 2,500.00 TOTAL $366,346.25 ESTIMATED PROJECT BUDGET BALANCE $0.00 * Paid diretly to consultant through separate contract by CCISD diti° Corpus Chrsti Capital Programs AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: July 10, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Stacie Talbert Anaya, Interim Director, Parks and Recreation StacieT@cctexas.com (361) 826-3476 Execute Construction Contract Community Park Development & Improvements at La Retama Park CAPTION: Ordinance appropriating $70,000 of anticipated revenues from the Regional Transportation Authority (RTA); appropriating $20,000 of anticipated revenues from the Corpus Christi Downtown Management District (CCDMD) in Fund No. 3280 for the Community Park Development and Improvements at La Retama Park; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $90,000; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the RTA; execute an Interlocal Cooperation Agreement with CCDMD for the Improvements at La Retama Park; and authorizing the City Manager or designee to execute a construction contract with McNamee Landscapes and Nursery, LLC. of Taft, Texas in the amount of $173,590 for the Community Park Development and Improvements at La Retama Park for the Base Bid and Additive Alternate 1 (Bond 2012 and Bond 2014). PURPOSE: The purpose of this Agenda Item is to appropriate contributions, approve interlocal agreements and execute a construction contract for the Community Park Development & Improvements at La Retama Park as a jointly funded project. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@A805FE86.DOCX BACKGROUND AND FINDINGS: This project upgrades the existing landscape of La Retama Park from softscape to hardscape to better support the current park uses and reduce maintenance requirements and cost. La Retama Park is a triangular shaped park that is centrally located downtown just below the bluff transition to uptown. The park is bounded by Peoples, Schatzell and N. Mesquite. The Downtown Management District (DMD) uses this park for cultural events such as the monthly Downtown Artwalk where the majority of the vendors set up in the park with a small concrete slab at the east end used as the stage. The increased foot traffic and activities create excessive cost for maintenance and restoration of the grassed areas. This project provides the hardscape improvements to address this and to provide aesthetic enhancements with amenities for continued use as an outdoor venue. Major elements of this project include: Demolition of existing sod and landscaping New stabilized decomposed granite surface New landscaping & irrigation systems New lighting & electrical connections (Additive Alternate) New site furnishings (Additive Alternate) Drinking Fountain French Drain Concrete Band Park Sign Trash/Recycle Receptacles Per Litter Station Bike Rack Historical Marker On Wednesday, February 25, 2015 the City received proposals from one (1) bidder and the bid is as follows: Contractor Base Bid Add Alt #1 Add Alt #2 Total McNamee Landscapes and Nursery, LLC. Taft, Texas $120,000.00 $53,590.00 $32,342.00 $205,932.00 The City's NE Consultant, Turner Ramirez Architects recommends a contract be awarded to McNamee Landscapes and Nursery, LLC. of Taft Texas in the amount of $173,590.00 for the base bid and alternate one. It is the consultant's opinion that based on qualifications from McNamee Landscapes and Nursery their completed projects are commensurate with the complexity and scope of this project. References provided all stated an exceptional level of service. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@A805FE86.DOCX ALTERNATIVES: 1. Execute the Construction Contract for the Base Bid plus Additive Alternate 1 with McNamee Landscapes and Nursery, LLC.as proposed. (RECOMMENDED) 2. Do not execute the Construction Contract for the Base Bid plus Additive Alternate 1 with McNamee Landscapes and Nursery, LLC. as proposed. (NOT RECOMMENDED) 3. Execute the Construction Contract for the Base Bid and one or both of the additive alternates. (NOT RECOMMENDED) OTHER CONSIDERATIONS: This project was approved November 6, 2012 in the Bond Issue 2012 Package under Proposition No. 4 — Parks and Recreation Improvements. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Bids process; FY 2014-2015 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $227,640.05 $227,640.05 Encumbered/Expended Amount This item $173,590.00 $173,590.00 Future Anticipated Expenditures This Project $54,050.05 $54,050.05 BALANCE $0.00 $0.00 Fund(s): Parks and Recreation Bond 2012, Downtown Road and Streetscape Improvements 2014, Downtown Management District, Regional Transportation Authority Comments: The Construction Contract will result in the expenditure of an amount not to exceed $173,590. RECOMMENDATION: City Staff recommends the approval of the Construction Contract for the Base Bid plus Additive Alternate 1 with McNamee Landscapes and Nursery, LLC. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@S805FE86.DOCX LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Interlocal Agreement with DMD Interlocal Agreement with RTA C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 7\@BCL@A805FE86\@BCL@S805FE86.DOCX Ordinance appropriating $70,000 of anticipated revenues from the Regional Transportation Authority (RTA); appropriating $20,000 of anticipated revenues from the Corpus Christi Downtown Management District (CCDMD) in Fund No. 3280 for the Community Park Development and Improvements at La Retama Park; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $90,000; authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the RTA; execute an Interlocal Cooperation Agreement with CCDMD for the Improvements at La Retama Park; and authorizing the City Manager or designee to execute a construction contract with McNamee Landscapes and Nursery, LLC. of Taft, Texas in the amount of $173,590 for the Community Park Development and Improvements at La Retama Park for the Base Bid and Additive Alternate 1 (Bond 2012 and Bond 2014). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add RTA anticipated revenues in the amount of $70,000 and CCDMD anticipated revenues in the amount of $20,000 to the Community Park Development and Improvements at La Retama Park project. SECTION 2. Revenues and expenditures in the amount of $90,000 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303 in the Park CIP Fund 3280. SECTION 3. The City Manager or designee is authorized to execute an Interlocal Cooperation Agreement with the RTA and an Interlocal Cooperation Agreement with the CCDMD to construct park improvements at La Retama Park. SECTION 4. The City Manager or designee is authorized to execute a construction contract for Community Park Development and Improvements at La Retama Park in the amount of $173,500 for the Base Bid and Additive Alternate 1 with McNamee Landscapes and Nursery, LLC. of Taft, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET ESTIMATE Community Park Development - La Retama Park (Project No. E12115) Bond Issue 2012 PROJECT FUNDS AVAILABLE: Parks and Recreation (Bond 2012) $ 75,000.00 Regional Transportation Authority (RTA) 70,000.00 Downtown Management District (DMD) 20,000.00 Street Bond 2014 54,828.50 $ 219,828.50 FUNDS REQUIRED: Construction (NcNamee Landscapes) THIS ITEM $ 173,590.00 Contingency (10%) 17,359.00 Design Fees: Engineer (Turner Ramirez Architects) 19,200.00 Geotechnical Study and Testing 3,471.80 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 1,735.90 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) 3,471.80 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL $ 219,828.50 ESTIMATED PROJECT BUDGET BALANCE $0.00 THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI FOR THE IMPROVEMENT OF LA RETAMA PARK This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, the Corpus Christi City Council ("Council") adopted an ordinance consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which proposition four ("Proposition 4"), relating to parks and recreation improvements, was successful; and WHEREAS, Proposition 4 gave the City the ability to expend bond proceeds for public purposes including designing, constructing, renovating, improving and equipping City parks and recreation facilities; and WHEREAS, the City will provide $75,000.00 in bond funds to improve La Retama Park ("Project") as part of the 2012 Bond Program to reduce the park's maintenance requirements, enhance its attractiveness and offer amenities for continued use as a public outdoor venue; and WHEREAS, the RTA will provide $70,000.00 in funds for the transit -related elements of the Project; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. La Retama Park — Scope of Proiect. The renovations and improvements to La Retama Park include resurfacing the park with ADA -compliant material, new landscaping and irrigation systems and addition of a bike rack, drinking fountain and litter stations. Additive alternatives include new lighting and electrical connections and new site furnishings. 2. Project Management. The City will be responsible for the design and construction of the Project. The City agrees, subject to RTA's review and approval of the construction plans and specifications, to bid the Project. The City will oversee construction and perform inspection services. 3. Funding Commitment. RTA will provide $70,000.00 for the Project. RTA will pay City no later than thirty (30) days following the effective date of this Agreement. 4. Chancre Orders. All change orders will be reviewed by both the City and RTA. The City will give final approval of all Change Orders. 5. Final Inspection. The City will notify RTA of the date that the project should be complete so that a final inspection can be performed. RTA may participate in the final inspection and acceptance of the Project 6. Sicnacre. During the construction, in the event of any installation of signage reflecting the investment of City Bond funds into the Project, the RTA may also install a sign at the same location reflecting the investment of RTA funds in the Project. 7. Term of Agreement. This Agreement shall be for an initial term of one year or until final acceptance of the Project, whichever date occurs first. 8. Disadvantaged Business Enterprises. The City agrees to include such provisions in its construction documents as are reasonably required in order to promote the use of disadvantaged business enterprises in connection with the construction of the Project and comply with Title VI of the Civil Rights Act. 9. Payments. Any payment made by either the City or the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Inter -local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 10. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Director, Capital Programs 11. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 12. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court -2- of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 13. Non -waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance, 14. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 15. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 16. Inter -local Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. 17, No Waiver of immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY 47 /2. /40,/ - ruz-Aedo, Interim CEO (Date) Valerie Gray (Date) CITY OF CORPUS CHRISTI Executive Director Public Works ATTEST: Rebecca Huerta, City Secretary (Date) Assistant City Attorney (Date) THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI FOR THE IMPROVEMENT'OF LA RETAMA PARK This Interlocal Agreement is made between the Corpus Christi Downtown Management District in Corpus Christi, Texas ("CCDMD"), a state -authorized improvement district, and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, the Corpus Christi City Council ("Council") adopted an ordinance consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which proposition four ("Proposition 4"), relating to parks and recreation improvements, was successful; and WHEREAS, Proposition 4 gave the City the ability to expend bond proceeds for public purposes including designing, constructing, renovating, improving and equipping City parks and recreation facilities; and WHEREAS, the City will provide $75,000.00 in bond funds to improve La Retama Park ("Project") as part of the 2012 Bond Program to reduce the park's maintenance requirements, enhance its attractiveness and offer amenities for continued use as a public outdoor venue; and WHEREAS, the CCDMD will provide $20,000.00 in funds to the Project; NOW, THEREFORE, BE IT AGREED BY THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. La Retama Park — Scope of Project. The renovations and improvements to La Retama Park include resurfacing the park with ADA -compliant material, new landscaping and irrigation systems and addition of a bike rack, drinking fountain and litter stations. Additive alternatives include new lighting and electrical connections and new site furnishings. 2. Project Management. The City will be responsible for the design and construction of the Project. The City agrees to bid the Project. The City will oversee construction and perform inspection services. 3. Funding Commitment. CCDMD will provide $20,000.00 for the Project. CCDMD will pay City no later than thirty (30) days following the effective date of this Agreement. 4. Change Orders. The City will give final approval of all Change Orders. 5. Final Inspection. The City will notify CCDMD of the date that the project should be complete so that a final inspection can be performed. CCDMD shall participate in the final inspection and acceptance of the Project 6. Term of Agreement. This Agreement shall be for an initial term of one year or until final acceptance of the Project, whichever date occurs first. 7. Payments. Any payment made by either the City or the CCDMD for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Interlocal Cooperation Act. All funding obligations of the CCDMD and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 8. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. CCDMD: Executive Director Corpus Christi Downtown Management District 223 N Chaparral Street, Ste A Corpus Christi, Texas 78401 CITY: Director of Capital Programs City of Corpus Christi P.Q. Box 9277 Corpus Christi, Texas 78469-9277 9. Performance. This Agreement shall be performed in Nueces County, Texas and shall be interpreted according to the laws of the State of Texas. 10. Severability Clause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 11. Non -waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 12. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 2 13. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 14. Interlocal Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Interlocal Cooperation Act, codified as Chapter 791 of the Texas Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. 15. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and CCDMD have made and executed this Agreement in multiple copies, each of which is an original. CORPUS CHRISTI DOWNTOWN CITY OF CORPUS CHRISTI MANAGEM NT DISTRICT ‘.-----Th( 4177 - Terry Sw= ney (Date) Executive ) irector S 3 Valerie Gray (Date) Executive Director Public Works ATTEST: Rebecca Huerta, City Secretary (Date) Assistant City Attorney (Date) 04 F } Cn , s 'a % 41; } sI?F LU 0 J Z 4 STARR STesik 1 '' a;� 2 U Z EOPLES ST LOCATION MAP NOT TO SCALE , r//, PROJECT LOCATION co PROJECT: E12115 COMMUNITY PARK DEVELOPMENT & IMPROVEMENTS LA RETAMA PARK CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 Corpus Chr sti Capital Programs Community Park Development & Improvements La Retama Park Council Presentation June 23, 2015 Project Scope Corpus Chr sti Capital Programs g w Z ti STARR ST ELMils r• 1 N PEOPLES ST SCTZFLC sr N CARANCAHUA 7,7 PROJECT LOCATION co Project includes: • Removal of existing sod & landscaping • New stabilized decomposed granite surface • New landscaping & irrigation • Other amenities such as bike rack, historical marker, signage, trash / recycle receptacles and other misc. items 2 Project Schedule Corpus Chrsti Capital Programs 2014 2015 Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Bid / Award Aug Sep Oct Nov Construction Project Estimate: 120 Calendar Days 4 Months Projected Schedule reflects City Council award in July 2015 with anticipated construction completion in November 2015. AGENDA MEMORANDUM First Reading for the City Council Meeting of July 14, 2015 Second Reading for the City Council Meeting of July21, 2015 DATE: June 26, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Enqineerinq Construction Contract South Staples Street from Morgan Avenue to IH 37 BOND 2012 Ordinance appropriating $771,036 of anticipated revenues from the Regional Transportation Authority (RTA); changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $6,557,836; authorizing the City Manager, or designee, to execute an Interlocal Agreement with the RTA, authorizing the City Manager, or designee, to execute a construction contract with Berry Contracting, LP — DBA Bay LTD of Corpus Christi, Texas in the amount of $13,414,114.10 for South Staples Street from Morgan Avenue to IH 37 for the total Base Bid plus deductive alternate 1 and to execute a construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $74,350 for South Staples Street from Morgan Avenue to IH 37. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, Bay LTD, for South Staples Street BOND 2012 project. BACKGROUND AND FINDINGS: This project limits are from IH 37 to the north edge of Morgan Avenue. The construction work consists of reconstruction of the roadway curb to curb, replacement of water and wastewater lines, storm water trunk C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@A8051493\@BCL@A8051493.DOCX line, ADA compliant routes, sidewalk and curb & gutter improvements. Bus pads will be improved along Staples and RTA is funding reconstruction near new station to include new concrete roadways on Artesian and Mestina streets. On June 3, 2015, the City received proposals from three (3) bidders and the bidders: Contractor Concrete: IH 37 to Comanche Asphalt: Comanche to Morgan Concrete: IH 37 to Morgan Berry Contracting LP. DBA Bay LTD Corpus Christi, Texas $13,414,114.10 $14,691,702.00 Reytec Construction Resources Houston, Texas $14,585,865.50 $14,746,574.10 Haas -Anderson Construction LTD Corpus Christi, Texas $20,485,289.20 $0.00 The project bid both to include asphalt and to include concrete. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Naismith Engineering, Inc. conducted a bid analysis of the three (3) proposals submitted in response to the City's bid solicitation. Naismith Engineering found that Bay LTD has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Complies with statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $81,126.50 $9,047,100.51 $0.00 $9,128,227.01 Ordinance $0.00 $5,786,800.00 $0.00 $5,786,800.00 RTA $771,036.00 $0.00 $0.00 $771,036.00 Total Budget $852,162.50 $14,833,900.51 $0.00 $15,686,063.01 Encumbered / Expended Amount $852,162.50 $11,000.00 $0.00 $863,162.50 This item $0.00 $13,488,464.10 $0.00 $13,488,464.10 Future Anticipated Expenditures This Project $0.00 $1,230,663.44 $0.00 $1,230,66.44 BALANCE $0.00 $103,772.97 $0.00 $103,772.97 C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@A8051493\@BCL@A8051493.DOCX Fund(s): ST 09 Comments: Funds for utility requirements have been set aside through two existing projects to repair and/or replace utility lines associated with Bond Issue projects. RECOMMENDATION: City staff recommends that the construction contract be awarded to Bay LTD of Corpus Christi, Texas in the amount of $13,414,114.10 for South Staples Street from Morgan Avenue to IH 37 BOND 2012 for the total base bid plus deductive alternative 1 and to execute a construction materials testing agreement with Rock Engineering & Testing Laboratory, Inc. from Corpus Christi, Texas. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation C:\USERS\GRANIC-1 \APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@A8051493\@BCL@A8051493.DOCX ORDINANCE APPROPRIATING $771,036 OF ANTICIPATED REVENUES FROM THE REGIONAL TRANSPORTATION AUTHORITY (RTA); CHANGING THE FY 2015 CAPITAL IMPROVEMENT BUDGET ADOPTED BY ORDINANCE NO. 030303 TO INCREASE REVENUES AND EXPENDITURES BY $6,557,836; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE RTA; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH BERRY CONTRACTING, LP — DBA BAY LTD OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $13,414,114.10 FOR SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37 FOR THE TOTAL BASE BID PLUS DEDUCTIVE ALTERNATE 1 AND TO EXECUTE A CONSTRUCTION MATERIALS TESTING AGREEMENT WITH ROCK ENGINEERING AND TESTING, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $74,350 FOR SOUTH STAPLES STREET FROM MORGAN AVENUE TO IH 37. (BOND 2012) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is amended to add RTA anticipated revenues in the amount of $771,036 to the South Staples Street Project from Morgan Avenue to IH 37. SECTION 2. The amounts of $1,675,000 from Fund 3549 Street 2013 General Obligation Bond 2012 Project #E12101 Morgan Avenue from Staples to Crosstown, $1,624,371.75 from Fund 4530 Storm Water 2015 CIP Fund Project #E12146 Lifecycle Pipe Rehab and Replacement, $350,000 from Fund 4540 Storm Water Capital Reserves Project #E12146 Lifecycle Pipe Rehab and Replacement, $279,428.25 from Fund 3495 Storm Water 2012B Revenue Bond Project E12146 Lifecycle Pipe Rehab and Replacement, $1,822,000 from Fund 4093 Water 2013 Revenue Bond Project #180198 Programmed Water Line Lifecycle Replacement, and $36,000 from Fund 4254 Wastewater 2015 Revenue Bond Project #E14015 City Wide Collection System IDIQ are transferred to Project #E12096 South Staples Street from Morgan Avenue to IH 3. SECTION 3. Revenues and expenditures in the amount of $6,557,836 are increased in the FY 2015 Capital Improvement Budget adopted by Ordinance No 030303. SECTION 4. The City Manager or designee is authorized to execute a construction contract for South Staples Street Improvement Project from Morgan Avenue to IH 37 in the amount of $13,414,114.10 for the Base Bid and Deductive Alternate 1 with Berry Contracting, LP — DBA Bay LTD of Corpus Christi, Texas. SECTION 4. The City Manager or designee is authorized to execute a construction materials testing agreement for South Staples Street Improvement Project from Morgan Avenue to IH 37 in the amount of $74,350 with Rock Engineering and Testing, Inc. of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio 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 Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED, this the day of ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor AGREEMENT for Construction Materials Testing and Engineering Services This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee ("City Engineer"), and ROCK ENGINEERING AND TESTING LABORATORY, INC., a Texas corporation or partnership ("LAB"), acting through its duly authorized representative who is Curtis A. Rock, Business Development Manager which agree as follows: 1. DECLARATIONS: "CITY" desires to engage "LAB" to provide services in connection with City's project, described as follows: South Staples Street from Morgan Avenue to IH 37 BOND 2012 (Project No. E12096) ("PROJECT"). 2. SCOPE OF WORK: "LAB" shall provide services to the PROJECT in accordance with the accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to AGREEMENT attached as "Exhibit C". 3. FEE: The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A", Scope of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $74,350.00 (Seventy Four Thousand Three Hundred Fifty Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "D." 4. INDEMNIFICATION AND HOLD HARMLESS: The Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". 5. CITY'S DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT SITE: To the best of the City's knowledge, based upon currently available information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal government, the state, and city which exist at the PROJECT SITE are as follows: None. 6. OWNERSHIP OF DOCUMENTS: All documents including contract documents (plans and specifications), record drawings, contractor's field data and submittal data will be the sole property of the City and may not be used again by the "LAB" without the express written consent of the Director of Capital Programs. However, the "LAB" may use standard details that are not specific to this project. CITY OF CORPUS CHRISTI ROCK ENGINEERING AND TESTING LA RATORY, INC J.H. Edmonds, P.E. (Date) Curtis A. Rock (Date) Director of Capital Programs Business Development Manager 6817 Leopard Street Corpus Christi, TX 78409 RECOMMENDED (361) 883-4555 Office (361)883-4711 Fax Operating Department (Date) APPROVED Office of Management (Dat and Budget Project No. E12096 Accounting Unit: 3549-051 Account: 550920 Activity: E12096013549EXP Account Category: 50920 Fund Name: Street CIP Bond 2012 Encumbrance No. K:\Engineering DataExchange\ANGIEM\STREET\E12096 SOUTH STAPLES STREET FROM MORGAN TO IH37 BOND ISSUE 2012\Construction Materials Testing ROCK\ CONSTRUCTION MATERIALS TESTING.doc AROVED AS TO LEGAL FORM egal Department (Date) ATTEST City Secretary (Date) K:\Engineering DataExchange\.ANGIEM\STREET1E12096 SOUTH STAPLES STREET FROM MORGAN T011-137 BOND ISSUE 2012\Construction Materials Testing ROCK\CONSTRUCTION MATERIALS TESTING.doc Thursday, June 11, 2015 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, PE •C;EOTECHNICAI ENGINEERING • ;(iNSTRUCTION MATERIALS ENC,INELRINC; 1tSTING • _ALS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E12096 South Staples St. Morgan Ave. to IH 37 Corpus Christi, TX RETL Proposal Number: P061015B Dear Jeffrey Edmonds, PE Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to submit a proposal for the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $74,350.00 This estimate will change and is dependent upon the actual scope of work performed as requested on the project site and will be billed based on the testing requested and performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $32.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement. submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 15 if you have any questions regarding the proposal or would like to discuss further. Sincerely. Pablo Schmitt Estimator Rock Engineering and Testing Y a f -Ni 11Nf FRU'(, IES IN(' I AH()RA K *1r IN( ,YI 1 1 i r rI`.ARI-1SIW<+F I • Cr.)Ri'US C;I IRISII li-<AS. /8404 EXHIBIT "A" Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMINIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager and Director of Capital Programs. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Consultant must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. EXHIBIT "B" Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant'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. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed 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, cancellation, non- renewal, material change or termination 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 cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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 Consultant'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 Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. EXHIBIT "B" Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. It is agreed that Consultant'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. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. EXHIBIT "B" Page 3 of 3 TERMS AND CONDITIONS TO AGREEMENT ARTICLE 1. SERVICES: "LAB" will: 1.1 Provide only those services requested by "CITY ENGINEER" that, in the opinion of "LAB", lie within the technical or professional areas of expertise of "LAB" and which "LAB" is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the "CITY ENGINEER." 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the PROJECT specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained, and parts of the structure of THE PROJECT area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the "CITY ENGINEER", or his authorized representative, documentation of such calibration. Secure representative samples of those materials that the City's Contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential, and distribute reports only to those persons, organizations or agencies specifically designated in writing by the "CITY ENGINEER". 1.6 Retain records relating to services performed for "CITY" for a period of two years following submission of any reports, during which period the records will be made available to the "CITY" at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes, and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized representative will: 2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by "LAB". 2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT site, and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the "CITY's" representative with respect to "LAB'S" services to be performed under this AGREEMENT and which must be promptly notified by "LAB" when it appears that materials tested or inspected are in non- compliance. Only the "CITY ENGINEER" or his designated representative have authority to transmit instructions, receive information and data, interpret and define the CITY's policies and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority concerning THE PROJECT. 2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for assignment of personnel by "LAB" for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct written order to: (a) Stop work at the appropriate times for "LAB" to perform contracted services; EXHIBIT "C" Page 1 of 3 (b) Furnish such labor and all facilities needed by "LAB" to obtain and handle samples at THE PROJECT and to facilitate the specified inspection and tests; (c) Provide and maintain for use of "LAB" adequate space at THE PROJECT for safe storage and proper curing of test specimens which must remain on THE PROJECT site prior to, during, and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 "LAB", by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to THE PROJECT which, by custom or contract, are vested in THE PROJECT architects, design engineers, or any other design agencies or authorities. 3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents nor to approve or accept any portion of the work. "LAB" does not have the right of rejection or the right to stop the work. "CITY ENGINEER" will direct THE PROJECT contractor to stop work at appropriate times for "LAB" to conduct the sampling, testing, or inspection of operations covered by the AGREEMENT. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 "CITY" and "LAB" agree that "LAB" will be on-site to perform inspections for contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume responsibility for PROJECT Contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by "LAB" will not relieve the PROJECT Contractor of his responsibilities for performing the work in accordance with THE PROJECT plans and specifications. For the purposes of this AGREEMENT, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by "LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its subcontractors does not mean that "LAB" is approving placement of materials. Inspection is not and should not be construed to be a warranty by "LAB" to the "CITY" or any other party. 4.2 Samples collected or tested by "LAB" remain the property of the "CITY" while in the custody of the "LAB". "LAB" will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, "LAB" will dispose of non- hazardous samples, and return hazardous, acutely toxic, or radioactive samples and samples containers and residues to "CITY". "CITY" agrees to accept such samples and samples containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by "LAB" will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the AGREEMENT or any reports. "LAB" will not be responsible for the interpretation or use by others of data developed by "LAB". ARTICLE 6. SAFETY "CITY" and "LAB" agree that, in accordance with the generally accepted construction practice, the PROJECT'S general contractor will be solely and completely responsible for working conditions on THE PROJECT, including safety of all persons and property during the performance of the work, and for compliance with all municipal, state, and federal laws, rules and regulations, including OSHA. The duty of "LAB" in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the PROJECT'S general contractors safety measures in, on, or near THE PROJECT site. EXHIBIT "C" Page 2 of 3 ARTICLE 7. INVOICES AND PAYMENT "LAB" will submit progress invoices to "CITY ENGINEER" monthly and final invoice upon completion of services. Each invoice is due and payable by "CITY" within 30 days of receipt and approval to pay by the City Engineer. ARTICLE 8. EXTENT OF AGREEMENT 8.1 This AGREEMENT, including Exhibit "A" and these terms and conditions, represents the entire AGREEMENT between "CITY" and "LAB" and supersedes all prior negotiation, representations or agreements, written or oral. This AGREEMENT may be amended only by a written instrument signed by duly authorized representative of "CITY" and "LAB". If any conflict occurs between these terms and conditions and this AGREEMENT, these terms and conditions are controlling. 8.2 In the event that any one or more of the provisions contained in this AGREEMENT are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this AGREEMENT will be construed as if the invalid or unenforceable matters were never included in this AGREEMENT. No waiver of any default will be a waiver of any future default. 8.3 Neither party will assign this AGREEMENT without the express written approval of the other, but "LAB" may subcontract laboratory procedures as "LAB" deems necessary to meet the obligations of this AGREEMENT. EXHIBIT "C" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 O n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 0 0 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CI I Y 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. COMPANY NAME: Rock Engineering and Testing Laboratory, Inc. P. O. BOX: N/A STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other 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) 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 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 ? 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 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 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: Curtis A. Rock Title: Business Development Manager (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "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. 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." "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. g. PROJECT BUDGET Staples Street from Morgan Avenue to IH 37 July 14, 2015 PROJECT FUNDS AVAILABLE: Bond 2012 $ 5,225,372.00 Storm Water CIP 1,752,000.00 Water CIP 344,034.54 Wastewater CIP 1,716,835.92 Gas CIP 89,984.55 RTA Contribution 771,036.00 Ordinance Streets 1,675,000.00 Ordinance Storm Water 2,253,800.00 Ordinance Water 1,822,000.00 Ordinance Wastewater 36,000.00 TOTAL $ 15,686,063.01 FUNDS REQUIRED: Construction Fees: Construction Total (Bay, Ltd) $ 13,414,114.10 Streets 5,520,470.85 RTA 771,535.15 Sub -total Street Construction 6,292,006.00 Storm Water 3,664,427.90 Water 1,860,370.90 Wastewater 1,554,070.30 Gas 43,239.00 Sub -total Utility Construction 7,122,108.10 Contingency (7.5%) 1,006,058.56 Construction Inspection 94,116.38 Design Fees: * Engineer (Naismith Engineering) Original and Amendment 1 848,162.50 Testing Fees: Geotechnical Testing (Kleinfelder) 15,000.00 Construction Materials Testing (Rock) 74,350.00 89,350.00 Reimbursements: Contract Administration (Capital Programs/Capital Budget/Finance) (0.3%) 47,058.19 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (0.5%) 78,430.32 Misc. (Printing, Advertising, etc.) 5,000.00 TOTAL 15,582,290.04 ESTIMATED PROJECT BUDGET BALANCE $ 103,772.97 * Original contract issued January 29, 2013. CONCRETE (RTA) CONCRETE CONCRETE OR ASPHALT South Staples Street from Morgan Avenue to IH 37 (BOND 2012) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS INTERLOCAL AGREEMENT (Staples Street Center Street Improvements) This Interlocal Agreement is made between Regional Transportation Authority in Corpus Christi, Texas ("RTA"), a metropolitan transit authority operating under Chapter 451 of the Texas Transportation Code, and the City of Corpus Christi, Texas, ("City"), a municipal corporation and home -rule city, acting by and through its governing body, the City Council. WHEREAS, the RTA is developing a new customer service center, administrative offices, and lease space at the intersection of Staples Street and Leopard Street in Corpus Christi (the "Staples Street Center"); WHEREAS, the City is planning to reconstruct the blocks of Staples Street adjacent to and leading up to the Staples Street Center approved as part of the 2012 Bond Program (the "Staples Street Project"), and the RTA has determined a need to reconstruct Mestina Street, between Artesian and Staples Streets, and Artesian Street, between Leopard and Mestina Streets) adjacent to and leading up to the Staples Street Center (the "Mestina/Artesian Project"); and • WHEREAS, the City and the RTA desire to cooperate in the reconstruction of such streets in order to minimize the inconvenience to bus passengers and motorists and save taxpayer funds; NOW, THEREFORE, BE IT AGREED BY THE REGIONAL TRANSPORTATION AUTHORITY AND THE CITY OF CORPUS CHRISTI, TEXAS: 1. Mestina/Artesian Street Project. The City agrees to construct the Mestina/Artesian Street Project in conjunction with its construction of the Staples Street Project. The estimated construction cost for the Project is $648,036, plus a $23,000 betterment fund, with a contingency of $100,000. The RTA agrees to hire and pay for the cost of the design consultants estimated in the amount of $55,993 and testing fees estimated in the amount of $9,988. The City agrees to bid the Mestina/Artesian Project and oversee construction and perform inspection services. All costs of such construction, except for the inspection services fee, shall be paid by the RTA. The parties acknowledge that the above amounts are estimates only, and that the final costs shall be determined upon completion of the Project. 2. Reimbursement of Construction Costs. RTA agrees to reimburse the City for the costs of construction under the construction contract after the RTA's CEO has reviewed the final bids and approved the final construction contract between the City and the selected contractor. City shall invoice RTA monthly for costs incurred on the Mestina/Artesian Street Project. RTA will pay City within 30 days from the date of receipt of City's invoice. 3. RTA Response Required. RTA acknowledges that the City will be overseeing construction of the Project. RTA agrees to adhere to the decisions of the City Inspector on the Project. RTA will respond within three (3) days to all requests or inquiries from the City. 4. Timing of Construction. The RTA agrees to cause the plans and specifications for the Mestina/Artesian Project to be completed in sufficient time to allow the City to bid the Project and commence construction by June 1, 2015. The City agrees, subject to the RTA's completion of the plans and specifications, to bid the Project so that construction may be commenced by such date. The parties agree that the construction of the Mestina/Artesian Project along with that portion of the Staples Street Project between Leopard Street and Lipan Street shall be completed by December 31, 2015, in order to minimize traffic delays for bus passengers and motorists. 5. Term of Agreement. This Agreement shall be for an initial term of one year with all construction to be completed by December 31, 2015. 6. Coordination With Area Construction. The parties acknowledge that the RTA shall have its Staples Street Center construction project underway, and the City shall have its Staples Street roadway improvements construction underway at the same time as construction of this Project. The parties agree to cooperate in the coordination of their respective contractors and projects in order to minimize delays and interference with their respective projects. 7. Disadvantaged Business Enterprises. The City agrees to include such provisions in its construction documents as are reasonably required in order to promote the use of disadvantaged business enterprises in connection with the construction of the Project and comply with Title VI of the Civil Rights Act. 8. Payments. Any payment made by either the City or the RTA for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the Inter -local Cooperation Act. All funding obligations of the RTA and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. 9. Notices. Notices under this Agreement shall be addressed to the parties as indicated below, or changed by written notice to such effect, and shall be effected when delivered or when deposited in the U.S. Mail, post pre -paid, certified mail, return receipt requested. RTA: CEO Regional Transportation Authority 5658 Bear Lane Corpus Christi, Texas 78405 CITY: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: City Manager 10. Performance. This Agreement shall be performed in Nueces County, Texas, and shall be interpreted according to the laws of the State of Texas. 11. Severability CIause. If any portion of this Agreement or the application thereof to any person or circumstance shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. 12. Assignment. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. 13. Entire Agreement. This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. 14. Inter -local Cooperation Act. This Agreement is subject to the terms and provisions of the Texas Inter -local Cooperation Act, codified as Chapter 791 of the Texas Local Government Code. Further, each party represents that this agreement has been duly passed and approved by its governing body, as required by the Act. Executed this day of January, 2015. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY CITY OF CORPUS CHRISTI By: Ronald L. Olson, City Manager ATTEST: Rebecca Huerta, City Secretary APPROVED AS TO LEGAL FORM: This day of February, 2015. City Attorney C:\Users\smontez\AppDatalLocallMicrosoft\Windows\Temporary Internet FileslContent.outlookUQJJF16A114 Staples St Center Streets 0121- 15.docx 3 4 Corpus Chr sti Capital Programs South Staples Street from Morgan Avenue to IH 37 BOND 2012 Council Presentation July 14, 2015 Project Scope LOCATION MAP NOT TO SCALE Corpus Chr sti Capital Programs Project includes: • Replace existing with 4 - lanes curb to curb (lip) and on -street parking, to include bike lanes. Concrete from I37 to Comanche Street. • RTA funded Improvements at Artesian & Mestina Streets (concrete). • ADA compliant sidewalks/ ramps • Utility upgrades to include water, sanitary, and storm with other minor improvements. • Pavement markings. 2 Project Schedule 41111116 Corpus Chr'sti Capital Programs 2013 2014 2015 2016 2017 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd Q 3rd Q 4th Q Jan Feb Mar Apr esigl May Jun Jul Bid Aug Sep Oct Nov Dec 1st Q 2nd Q 3rd Q 4th Q 1st Q 2nd Q July Constructions Project Estimate: 720 Calendar Days 24 Months AGENDA MEMORANDUM First Reading Ordinance the City Council Meeting of July 14, 2015 Second Reading Ordinance for the City Council Meeting of July 21, 2015 DATE: June 23, 2015 TO: Ronald L. Olson, City Manager FROM: lain Vasey, President/CEO, CCREDC Emily Martinez, Vice President, CCREDC Phone: (361) 882-7448 Email: emartinez@ccredc.com First Amendment to a Type A Grant for HEB Grocery Company, LP CAPTION: Ordinance approving the attached First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery Company, LP ("HEB") which provides an additional amount up to $250,000 for the improvement of McCampbell Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $250,000. PURPOSE: HEB will make improvements to McCampbell Road, and related infrastructure, in front of its manufacturing and distribution facilities. Company is required to retain over 388 of jobs and payroll of $12.5 million, plus $17.7 million in capital improvements. BACKGROUND AND FINDINGS: HEB has been a part of Corpus Christi since 1905 and currently has 418 employees at its bakery plant on McBride Lane. This facility is not a retail operation, but operates as the central tortilla bakery distributing to all HEB stores in Texas. The section of McCampbell Road outside of its facility is in a deteriorated condition, and HEB has proposed to improve the street and infrastructure in conjunction with its $17.7 million private capital investment in the bakery facility. • May 21, 2012: Type A Board approved a grant of $750,000 for this project. • September 17, 2012: Type A Board, per City Engineer's recommendation, amended stipulation to require concrete construction of road improvements and increased maximum reimbursable amount to $850,000. • January 29, 2013: City Council approved ordinance allocating $850,000 in Type A funds for McCampbell Road improvement project. • 2013-14: As part of the project's engineering and design phase, additional underground utility and infrastructure work was identified as necessary by City and company engineers, prior to road improvements beginning. Additional railroad spur crossing improvements were identified by Kansas City Southern Railroad (KCS), which required extensive negotiation and review. • January 2015: HEB issued a notice for bid on the construction of the infrastructure and road improvements, as well as the required railroad crossing. • February 4, 2015: HEB received three bids from local contractors, all exceeding the amount of the initially approved amount due primarily to the additional work required by KCS for the railroad crossing and related work. KCS improvements include at -grade spur crossing, permit fees, flagman/traffic control costs and contingencies which will all be contracted via HEB, and reimbursed based on submitted invoices not to exceed the total contract amount. The railroad crossing is projected to cost $170,000. Additional materials testing, engineering plans and geotechnical analysis are also required as part of the amended scope. • April 16, 2015: HEB requested to increase the approved grant award from $850,000 to $1,100,000 to complete the road reconstruction project. The agreement states that HEB will be reimbursed for actual work completed (invoices & evidence of payment), and any unspent funds will be de -obligated and returned to the Type A general fund. • May 14, 2015: CCREDC Board voted to recommend approval of the first amendment. • May 18, 2015: Type A Board voted to recommend approval of the first amendment to the agreement, increasing the amount of the grant by $250,000 to $1,100,000. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: HEB has been a major employer in Corpus Christi for over 100 years and has an investment in this facility valued at over $17 million. HEB has been in compliance for the first two years of the agreement for employment and payroll requirements. CONFORMITY TO CITY POLICY: Project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 250,000 250,000 BALANCE 250,000 250,000 Fund: Type A 1140 RECOMMENDATION: CCREDC, Type A Board, and Staff recommends approval of the first amendment to the Type A Grant to HEB in the amount of $250,000 for improvements to McCampbell Road to increase total project allocation from $850,000 to a not -to -exceed amount of $1,100,000. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Amendment - HEB Page 1 of 2 Ordinance Approving the attached First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and HEB Grocery Company, LP ("HEB") which provides an additional $250,000 for the improvement of McCampbell Road; and appropriating $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to HEB; and changing the FY 2014-2015 operating budget, adopted by Ordinance No. 030294, by increasing proposed expenditures by $250,000. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from HEB for the improvement of McCampbell Road in front of their bread and tortilla manufacturing facility in Corpus Christi and the retention of jobs; in which HEB proposes to invest up to $17,700,000 in expansion of their bread and tortilla manufacturing facility and will retain full-time jobs with an annual payroll of at least $12,522,700 over a five year period will best satisfy this goal; Whereas, The Type A Board approved the amendment at their May 18, 2015 meeting. Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and HEB; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the first amendment to the business incentive agreement for the retention of jobs between the Type A Corporation and HEB that provides for the improvement of McCampbell Road in front of their existing manufacturing facilities within the City of Corpus Christi, is approved. SECTION 2. That $250,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to HEB for the retention of jobs. SECTION 3. That Ordinance No. 030294, which adopted the FY 2014-2015 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $250,000 for the first amendment to a business incentive grant from the Type A Corporation to HEB for the improvements to McCampbell Road. @BCL©1406F47E Page 2of2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2015. Corpus Christi, Texas Nelda Martinez Mayor That the foregoing ordinance was read for the first time reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Chad Magill @BCL©1406F47E FIRST AMENDMENT TO THE BUSINESS INCENTIVE AGREEMENT FOR THE RETENTION OF JOBS BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND HEB GROCERY COMPANY, LP This First Amendment (this "First Amendment") to the Business Incentive Agreement for the Retention of Jobs is entered into between the Corpus Christi Business and Job Development Corporation (the "Corporation") and HEB Grocery Company, LP ("HEB"), a Texas limited partnership. WHEREAS, the Corporation and HEB entered into that certain Business Incentive Agreement for the Retention of Jobs between the Corpus Christi Business and Job Development Corporation and HEB to improve McCampbell Road, dated February 8, 2013 ("Agreement); WHEREAS, HEB has requested that the Corporation provide additional funds in an amount up to $250,000 for costs incurred by HEB to improve McCampbell Road and related utility improvements; WHEREAS, the Corporation agrees that it is in the best interests of the residents of the City of Corpus Christi to provide the additional funding requested by HEB; NOW, THEREFORE, in consideration of the covenants, promises, and conditions stated in this First Amendment, the Corporation and HEB agree as follows: 1. The effective date of this First Amendment is the latest date that either party executes this First Amendment. 2. The first paragraph of Section 5 of the Agreement is hereby amended to read as follows: Corporation Performance Requirements. Provided that HEB complies with the terms of this agreement, the Corporation shall reimburse HEB for actual, documented expenses incurred to design and construct the McCampbell Road Project (the "Actual project Expenses"). Subject to 5(B) herein, the Corporation's reimbursement of the Actual Project Expenses shall be made to HEB in five (5) annual payments (each a "Corporation Grant") up to a maximum amount of $1,100,000 ("the "Maximum Reimbursement Amount"). 3. This First Amendment embodies the entire agreement between the Corporation and HEB with respect to the amendment of the Agreement, as of the effective date hereof. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control. 4. Except as specifically modified and amended herein, all other terms, provisions, requirements, and specifications contained in the First Agreement shall remain in full force and effect. Page lof2 #218141v1 5- This First Amendment shall be governed by the laws of the State of Texas. CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORAT ION By: Date: Attest: By: Bart Braselton President Rebecca Huerta Assistant Secretary HEB Grocery Company, LP Todd A. Piland Executive Vice President THE STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on r 2015, by Todd A. Piland acting as Executive Vice President of HEB Grocery Compa , LP, a Texas limited partnership, on behalf of the partnership. Notary Public State of Texas • soo $ DEBRA L. SALDANA Notory Public. state of Texos x X78 My Commission Expires �;rr' March 12, 2018 Page 2 of 2 $218141v1 AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: July 14, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm(c�cctexas.com (361) 826-3169 Mike Markle, Interim Chief of Police mikema(c�cctexas.com (361) 886-2601 Purchase of Specialized Equipment CAPTION: Motion authorizing the purchase of specialized equipment for a total amount of $73,521.16 utilizing funds from the U.S. Homeland Security FEMA for the FY 2013 Port Security Grant Program (PSGP) awarded to the City of Corpus Christi and budgeted in the Police Grant Fund 1061. PURPOSE: The U.S. Department of Homeland Security awards annual grants to the State of Texas, who then awards sub -recipient grants to local jurisdictions. The current grant was accepted by the City Council on October 22, 2013. The purchase of this specialized equipment requires Council approval due to the to the associated dollar amount. BACKGROUND AND FINDINGS: The Port Security Grant Program (PSGP) grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness; including the security of the country's critical infrastructure. A 25% cash match is required which is available from the Law Enforcement Trust Fund. 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: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $269,862.87 0.00 $269,862.87 Encumbered / Expended Amount 90,876.05 0.00 90,876.05 This item 73,521.16 0.00 73,521.16 BALANCE $105,465.66 0.00 $105,465.66 Fund(s): Police Grants Fund No. 1061 Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: July 14, 2015 TO: Ronald L. Olson, City Manager FROM: Gabriel Maldonado, Interim Procurement Manager qabrielm@cctexas.com (361) 826-3169 Stacie Talbert-Anaya, Interim Director of Parks and Recreation Department staciet@cctexas.com (361) 826-3476 Mark Van Vleck,P.E., Executive Director of Utilities markvv@cctexas.com (361) 826-1874 Purchase of Wide Area Mowers and Utility Tractors CAPTION: Motion approving the purchase of two Wide Area Mowers and two Utility Tractors from Deere and Company, Carey, North Carolina in accordance with the State of Texas Cooperative Purchasing Program for a total expenditure of $194,008.10. Funds have been budgeted by the Parks and Recreation Department and Utilities Department in FY 2014- 2015. PURPOSE: To approve the purchase of two Wide Area Mowers and two Utility Tractors. BACKGROUND AND FINDINGS: The Mowers and Tractors will be delivered by local dealer Gulf Tractor Company, Corpus Christi, 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: Parks and Recreation Department, Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue x Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $372,429.68 $0 $372,429.68 Encumbered / Expended Amount $87,382.42 $0 $87,382.42 This item $194,008.10 $0 $194,008.10 BALANCE $91,039.16 $91,039.016 Fund(s): General Fund, Strom Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: RUTH BROWN ITEM 1. 2. DESCRIPTION JOHN DEERE 1600 Turbo Series II Commercial Wide Area Mower JOHN DEERE 5085M Utility Tractor TOTAL: PRICE SHEET TXMAS CONTRACT NO. 7-51V050 PURCHASE OF WIDE AREA MOWER AND UTILITY TRACTOR QTY 2 UNIT EA EA Deer and Company Carey, North Carolina UNIT PRICE $46,821.90 $50,182.15 EXTENDED PRICE $93,643.80 $100,364.30 $194,008.10 DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 July 14, 2015 FROM: Gabriel Maldonado, Interim Procurement Manager gabrielm(c�cctexas.com 361-826-3169 Stacie Talbert Anaya, Interim Director of Parks and Recreation staciet(c�cctexas.com 361-826-3476 Supply Agreement for Milk CAPTION: Motion authorizing the City Manager or designee to execute a supply agreement for milk with Hill Country Dairies, Inc., Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-15-3 for an estimated annual expenditure of $50,555.20, of which $8,425.86 is required for the remainder of FY 2014-2015. The terms of the contract shall be for twelve months with options to extend for up to two additional twelve-month period, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. PURPOSE: The milk will be used by Senior Community Services for the Elderly Nutrition Program. Approximately 152,000 milk cartons will be served over the twelve-month contract period. BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. This award is a cooperative effort between the City of Corpus Christi and the following members of the Coastal Bend Council of Governments; Community Action Corporation of South Texas, Nueces County Senior Community Services, Refugio County Elderly Services, City of Corpus Christi, Bee Community Action Agency, Aransas Council of Aging, Kleberg County Human Services, Duval County Elderly Program, and Live Oak County Elderly Program. ALTERNATIVES: The bid submitted by Hill Country Dairies, Inc. meets all of the City's bid requirements. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This supply agreement conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Park and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,060,596.00 $42,129.34 $1,102,725.30 Encumbered / Expended Amount $791,905.40 $791,905.40 This item $8,425.86 $42,129.34 50,555.20 BALANCE $260,264.74 $260,264.74 Fund(s): Park and Recreation Grants. Comments: Not Applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation COASTAL BEND COUNCIL OF GOVERNMENTS -MILK AND DAIRY PRODUCTS Senior Community Services Bid Period Covering July 1, 2015 to June 30, 2016 Bid Invitation No: CBCOG-15-3 MILK AND DAIRY- BID TAB f HILL COUNTRY DAIRY COUNTY PRODUCT EST. UNIT UNIT TOTAL QTY. PRICE PRICE Nueces- City of Corpus Christi 1/2 pints Low Fat -1% 152,000 each $0.3326 50,555.20 $50,555.20 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of July 14, 2015 Second Reading Item for the City Council Meeting of July 21, 2015 DATE: TO: June 23, 2015 Ronald L. Olson, City Manager FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 Resolution of support for 2018 Texas Recreation and Park Society (TRAPS) Annual Institute Bid CAPTION: Resolution of the City of Corpus Christi, Texas dedicating resources to support the bid for the 2018 Texas Recreation and Park Society Institute and Expo. PURPOSE: To provide support for a bid to host the 2018 TRAPS Annual Institute and Expo in Corpus Christi, Texas. The Department will request Hotel Occupancy Tax funds during the FY18 budget process in support of this bid. BACKGROUND AND FINDINGS: The Texas Recreation and Park Society (TRAPS) is an educational non-profit 501c3 organization of parks, recreation and leisure service providers in the State of Texas. The TRAPS mission is to provide professional development, advocacy and resources to all who enhance the quality of life through parks, open spaces and recreation The TRAPS Board of Directors and Institute Site Selection Task Force will be considering bids for the 2018 TRAPS Institute and Expo this summer. The Institute averages between 800-1,200 attendees, including approximately 600-900 delegates, speakers and volunteers; and an average of 225 exhibitors who meet annually to interact, network and learn about trends, new products and services. The economic impact to a community ranges from $250,000 to $500,000. The Corpus Christi Convention and Visitors Bureau (CVB) and Corpus Christi Parks and Recreation Department (PARD) will work together to identify a host hotel, coordinate training and exhibit space, meeting and hotel rooms and associated networking socials. This conference has most recently been held in The Woodlands, Lubbock, Corpus Christi and Abilene. Corpus Christi hosted the conference in 2014 and reviews were very good. Over 1,260 delegates attend the conference and the estimated economic impact to the community was in excess of $300,000. ALTERNATIVES: Do not approve the resolution and cancel bid submission to host the event. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: Council resolution of support required for conference bid submissions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Hotel Occupancy Tax Funds (FY18) Comments: none RECOMMENDATION: Staff recommends approval of this resolution LIST OF SUPPORTING DOCUMENTS: Resolution Resolution of the City of Corpus Christi, Texas dedicating resources to support the bid for the 2018 Texas Recreation and Park Society Institute and Expo WHEREAS, the City of Corpus Christi, acting through its Parks and Recreation Department, is authorized to submit a bid with the Corpus Christi Convention and Visitors Bureau to host the 2018 Texas Recreation and Park Society (TRAPS) Annual Institute and Expo, and WHEREAS, the City of Corpus Christi, Texas acknowledges the criteria and requirements specified in the site selection criteria for bid to host the Annual TRAPS Institute; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council for the City of Corpus Christi, Texas endorses the bid submission to host the 2018 Texas Recreation and Park Society (TRAPS) in Corpus Christi, Texas and is committed to providing the necessary resources to perform all functions consistent with the bid to host the 2018 Texas Recreation and Park Society Annual Institute and Expo in Corpus Christi, Texas. Section 2. This Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the day of 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: June 30, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director of Development Services dang@cctexas.com 361-826-3595 Approval of a resolution to begin annexation of 4.08 acres of land into the territorial limits of the City of Corpus Christi CAPTION: Resolution declaring the City's intent to begin annexation of approximately 4.08 acres of land into the territorial limits of the City of Corpus Christi, directing city staff to prepare a service plan for the extension of municipal services to the proposed annexation area, and setting two public hearings on annexation. PURPOSE: The purpose of this item is to complete processes related to annexation and economic development. The proposed annexation land in the City's Extraterritorial Jurisdiction will provide for compatible future land use and development in the City's Industrial District No. 1. (See attached resolution map) BACKGROUND AND FINDINGS: In accordance with Ordinance 029958, companies in the Industrial District have the option of entering into an Industrial District Agreement (IDA) for payment in lieu of taxes at a reduced rate, or being annexed. After extensive efforts to accommodate the five companies below, staff is recommending to begin the annexation proceedings for seven tracts of land located in the Industrial District as follows: • Coastal States Petroleum — indicated preference for annexation on two tracts. • Coastal Liquids Partners — disclaimed land ownership by all parties, no one to sign IDA on two tracts. • ABTEX — defunct company, no one to sign IDA. • Exxon Pipeline Co. — indicated preference for annexation. • Koch Gathering Sys Inc. — indicated preference for annexation In order to comply with the Local Government Code which allows the City to have an Industrial District, the City may annex properties that do not enter into an IDA. There are no known dwellings or residents on these seven tracts. In addition, these tracts do not currently have Nueces County Appraisal District agricultural, timber land or wildlife management property tax exemptions. The annexation process will span about three months, including two City Council public hearings and two readings of an annexation ordinance. Concurrent with the annexation process, Staff will initiate the zoning process for each of the properties, starting with a public hearing at Planning Commission. The staff will propose "IH" Heavy Industrial zoning for these properties as they are located in Industrial District No. 1. ALTERNATIVES: 1. To not annex some or all of the areas. 2. To continue to offer these land owners an Industrial District contract. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: The proposed annexation is consistent with the adopted Future Land Use Plan and the City's Industrial District Agreement (Ordinance 029958). EMERGENCY / NON -EMERGENCY: Non -emergency reading. DEPARTMENTAL CLEARANCES: Legal City Manager's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: Due to the lack of residents and small size of the areas, costs to provide services will be absorbed into the City Budget. Similar to other parts of the City, as growth occurs, improvements will be placed in the City's Capital Budget as needed. RECOMMENDATION: City Council resolve and direct staff to initiate the annexation process for seven Industrial District No. 1 properties. LIST OF SUPPORTING DOCUMENTS: Annexation Schedule Resolution Presentation RESOLUTION DECLARING THE CITY'S INTENT TO BEGIN ANNEXATION OF APPROXIMATELY 4.08 ACRES OF LAND INTO THE TERRITORIAL LIMITS OF THE CITY OF CORPUS CHRISTI, DIRECTING CITY STAFF TO PREPARE A SERVICE PLAN FOR THE EXTENSION OF MUNICIPAL SERVICES TO THE PROPOSED ANNEXATION AREA, AND SETTING TWO PUBLIC HEARINGS ON ANNEXATION WHEREAS, state law requires the City to direct its staff to prepare a service plan that provides for the extension of municipal services to the area to be annexed; and WHEREAS, state law provides that the City should conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 1. The City Council declares its intent to begin the process of annexing the territory identified in Exhibit "A" and depicted on the location map in Exhibit "B" attached hereto and incorporated herein, consisting of approximately 4.08 acres lying adjacent to the City of Corpus Christi, Texas into the territorial limits of Corpus Christi, Texas. 2. In accordance with Texas Local Government Code section 43.065, the City Council directs the staff to prepare a service plan that provides for the extension of municipal services to the annexation area. 3. In accordance with Texas Local Government Code section 43.063, the City Council hereby schedules two public hearings on this annexation on August 25, 2015 and September 8, 2015 during a regular City Council meeting beginning at 11:30 a.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas. 4. If more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the City Secretary within 10 days of the publication of the notice, then the City Manager is authorized and directed to reschedule at least one of the hearings to a suitable site, if available, in the area proposed for annexation. 5. The provisions of this resolution shall become effective immediately upon final passage and approved by the City Council. Attest: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary NELDA MARTINEZ, MAYOR of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Exhibit A — Property Table Nueces County Ag, Timber Appraisal Dist. or Wild Life Category Tax Id # Tracts Owner Acreage NCAD Value Exemption Improvemenl Ind. Dist. 1 0266-0000-0105 Tract 1 ABTEX Brinkerhoff Oil Co 1.09 19,710 No Vacant Ind. Dist. 1 3875-0000-0273 Tract 2 Coastal States Petroleum C 0.96 121,403 No Ind. Building Ind. Dist. 1 3875-0000-0273 Tract 3 Coastal States Petroleum C 0.58 73,347 No Gas Tank Ind. Dist. 1 3875-0000-0276 Tract 4 Coastal Liquids Partners LP 0.10 11,863 No Gas Tank Ind. Dist. 1 3875-0000-0277 Tract 5 Coastal Liquids Partners LP 0.92 115,000 No Ind. Building Ind. Dist. 1 5933-0003-0078 Tract 6 Exxon Pipeline Co 0.18 8,138 No Ind. Building Ind. Dist. 1 5933-0003-0079 Tract 7 Koch Gathering Sys Inc 0.25 8,174 No Vacant 4.08 357,635 Note: Coastal States properties, NCAD have one Tax Id. for two tracts therefore values for each tract are estimated by Developm ent Services. TRACT 1 1.09 ACRES ICL INDUSTRIAL DISTRICT NO. 1 '- I Up 451 RAND MORGAN RD ICL CEO,, � 4RO�P v OUTSIDE °o CITY LIMITS I 0 V 0 0.25 0.5 1 Miles SEDWICK RD �fik RD TRACT 4 .10 ACRES TRACT 2 & 3 1.55 ACRES JOE FULTON INTL TRADE COR TRACT 6 .18 ACRES TRACT 5 .92 ACRES SH 44 INSIDE CITY LIMITS (ICL) CORN PRODUCTS RD AGNES ST LEOPARD ST Legend 2015 Annexation r , J City Limits IH 37 TRACT 7 .25 ACRES Industrial District °max•- Industrial District Annexations dm' - a Iigiilx3 Annexation Schedule 7-14-2015 — Future Item on City Council Agenda 7-21-2015 — City Council Annexation Resolution 7-24-2015 — Letter to Property Owners 8-25-2015 — 1st City Council Public Hearing 9-08-2015 — 2nd City Council Public Hearing 8-26-2015 — Planning Commission Public Hearing on zoning 9-29-2015 — 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-13-2015 — City Council Public Hearing and 1st Reading on zoning 10-20-2015 — City Council 2nd Reading on zoning Industrial District No. 1 Annexation (7 Tracts, 4.08 acres) Proposed Resolution to Initiate Annexation City Council Meeting July 14, 2015 Aerial Overview TRACT 1 1.49 ACRES DCRY EII g LIMITS I ICL INDUSTRIAL DISTRICT NO. 1 INSIDE LIMITS (ICL) ‘D' (IC L) G TRACT 4 .10 ACRES TRACT 2 6. 3 1 55 ACRES JOE NUDE AEDE COP TRACT 6 .18 ACRES ) TRACT 5 .92 ACRES RACT 7 IX Leovuwu .25 ACRES Legend 201,AnneAtOn 969990699 Industrial District No. 1 7 Tracts, 4.08 acres t N 2 Background • Industrial District Properties • Oct 2013 — Council Approved Industrial District Agreement. • Agreements needed signatures by Jan 2015. • Extensive communication and efforts to accommodate. Annexation Schedule 7-14-2015 — Future Item on City Council Agenda 7-21-2015 — City Council Annexation Resolution 7-24-2015 — Letter to Property Owners 8- 25-2015 — 1st City Council Public Hearing 8-26-2015 — Planning Commission Public Hearing on Zoning 9-08-2015 — 2nd City Council Public Hearing 9-29-2015 — 1st Reading of an Ordinance 10-13-2015 — 2nd Reading of an Ordinance — Annexation Complete 10-13-2015 — City Council Public Hearing and 1st Reading on zoning 10-20-2015 — City Council 2nd Reading on zoning Aerial — Industrial District Tracts Location Map Tract 1: ABTEX, 1.09 acres northeast of the Veterans Cemetery Company Defunct, Taxes Delinquent Tract 2: Coastal State Petroleum, 0.96 acres northeast of Up River Road and Navigation Blvd. Prefers Annexation N Aerial — Industrial District Tracts Tract 3: Coastal States Petroleum, 0.58 acres acres northeast of Up River Road and Navigation Blvd. Prefers Annexation Tract 4: Coastal Liquids Partners, 0.10 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership N Aerial — Industrial District Tracts Tract 5: Coastal Liquids Partners, 0.92 acres northeast of Up River Road and Navigation Blvd. No Claim of Ownership Tract 6: Exxon Pipeline, 0.18 acres, south of the intersection of Buddy Lawrence and Oak Park Roads Prefers Annexation N Aerial — Industrial District Tracts Tract 7: Koch Gathering Sys Inc., 0.25 acres, south of the intersection of Buddy Lawrence and Oak Park Roads and next to Tract 6 Prefers Annexation t N Questions? Proposed Resolution to Initiate Annexation AGENDA MEMORANDUM Future item for the City Council Meeting of July 14, 2015 Action item for the City Council Meeting of July 21, 2015 DATE: July 2, 2015 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Capital Programs jeffreye@cctexas.com (361) 826-3851 CAPTION: Jerry Shoemaker, P. E., Senior Program Manager jerrys2@cctexas.com (361) 826-3516 Interlocal Agreement County Road 52 Motion authorizing the City Manager, or designee, to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County in an amount up to $2,000,000 for the County Road 52 Extension Phase 2 project for project -related activities. (Bond 2012) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an Interlocal Agreement with Nueces County for the County Road 52 Extension project. BACKGROUND AND FINDINGS: This is a joint city/county project to extend County Road 52 from County Road 69 to FM 1889. The new roadway consists of a 2 -lane section with 12 -foot travel lanes and new striping and markings. Design and construction will be executed by the county with a monthly reimbursement from the city in an amount not to exceed $2,000,000. This project also requires land acquisition of two tracts of land that the City will be responsible for acquiring and will be deducted from the $2,000,000. This project was originally approved in the November 2012 General Obligation Bond Election under Proposition Eight Economic Development Projects. C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@08061 D53\@BCL@08061 D53.DOCX ALTERNATIVES: 1. Authorize execution of the Interlocal Agreement. 2. Do not authorize execution of the Interlocal Agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutes regarding Interlocal Cooperation Agreements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Total Budget $217,596.54 $2,282,403.46 $2,500,000.00 Encumbered / Expended Amount 217,596.54 217,596.54 This item 2,000,000.00 2,000,000.00 Future Anticipated Expenditures This Project BALANCE 0 $282,403.46 $282,403.46 Fund(s): Street CIP #42 Comments: This item was presented to the Nueces County Court Commissioners on June 24, 2012 and was unanimously approved for a joint expenditure by the County for up to $2,000,000. RECOMMENDATION: City staff recommends the approval of the Interlocal Agreement with Nueces County for design and construction of County Road 52 Extension Phase 2. LIST OF SUPPORTING DOCUMENTS: Interlocal Agreement Location Map Presentation C:\USERS\GRANIC-1\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES \EASYPDF 7\@BCL@08061 D53\@BCL@08061 D53.DOCX Zo isoiEl COUNTY ROAD 52 EXTENSION PHASE 2 PROJECT INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI & NUECES COUNTY THE STATE OF TEXAS § COUNTY OF NUECES § THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a Texas municipal corporation and home -rule city, acting by and through its duly authorized City Manager or designee upon authority of its governing body, the Corpus Christi City Council and NUECES COUNTY, TEXAS ("County"), acting by and through its duly authorized County Judge or designee upon authority of its governing body, the NUECES COUNTY COMMISSIONERS COURT, pursuant to and in accordance with the provisions of Chapter 791, as amended, Texas Government Code. WITNESSETH WHEREAS, for the mutual benefit of the parties and the residents of the City and County, the City and County desire to fund and provide for the extension of CR52 from County Road 69 to FM 1889 ("Project"); and WHEREAS, Texas Government Code Section 791.028 authorizes the City and County to enter into this Agreement; and WHEREAS, in 2012, the City called an election to finance certain improvements and development projects to be financed by general obligation bonds the repayment of which are payable from and secured by the annual levy and collection within the legal limits permitted by law of the City's ad valorem tax ("Bond 2012"); and WHEREAS, the Corpus Christi City Council ("Council") adopted Ordinance 029589 consisting of eight propositions to submit to voters ("the Bond 2012 Ordinance"), of which proposition eight ("Proposition 8"), relating to economic development projects, was successful; and WHEREAS, Proposition 8 gives the City the ability to expend certain Bond 2012 proceeds for particular capital projects, including "designing, constructing, renovating, improving, and equipping City streets, sidewalks, and related facilities that are expected to promote and expand business activities in the City"; and WHEREAS, Proposition 8 gives priority to, among other economic development projects, County Road 52 Extension, generally from County Road 69 to FM 1889 (contingent upon receipt of leveraging funds) ("CR 52 Extension Phase 2" or "Phase 2" or "the Project"); and WHEREAS, the City may therefore provide financial contribution and assistance for Phase 2 for the economic development purposes stated under Proposition 8 of Bond 2012; WHEREAS, the County will perform, or cause to be performed, the Project activities, including planning and alignment, design, land acquisition. construction and maintenance therefore; and 1 of 6 WHEREAS, the parties acknowledge and agree that the City may, at the County's request, assist the County in preparing documents and communications for the County and provide right-of-way service to the County, and that the County will be responsible for performing, or causing to be performed, the following Project -related activities with the assistance of the City upon request of the County: (a) negotiate with Nueces Electric Cooperative ("NEC") and all other owners of property within the planned Project limits; (b) determine what amounts to offer NEC and each of the other property owners as just compensation; (c) determine whether to acquire a right-of-way easement from NEC and each of the other property owners, or to determine whether it is in the best interest of the County to instead acquire a fee simple interest; (d) execute real estate agreements, sales contracts, easements, and property instruments; (e) acquire property interests in its own name; (f) accept the property interests in the name of the County; and (h) maintain the property interests and the CR 52 Extension Phase 2 Road ("Roadway"); and NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the City and the County do agree as follows: AGREEMENT SECTION 1. PURPOSE FOR PARTICIPATION. For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces County, Texas, City and County desire to outline the terms by which each party will contribute to the Project. SECTION 2. OBLIGATIONS OF CITY AND COUNTY. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to contribute to the Project costs necessary to facilitate the construction of improvements to renovate, extend and expand CR 52 from County Road 69 to FM 1889 (heretofore defined as the "Project," also referred to herein as the "Work"). The Project limits are shown in the attached Exhibit "A." a) Funding. City and County agree to contribute up to $2,000,000 each for costs associated with the Project ("Project Funds"), including but not limited to engineering services to design and prepare construction plans, easements, property and land acquisition, construction costs, drainage adjustments, utility relocation, storm water improvements, legal expenses, advertising, printing, and miscellaneous expenses. i. If construction bids exceed the total amounts anticipated to be paid for construction by the parties under this Agreement, based upon the engineers cost projection the County may, in its discretion, opt to reject all construction bids, re -scope and re -bid the Project. ii. The City has incurred certain Project costs in the amount of $272.630.79 (as shown in the attached Exhibit B). Therefore, the City will deduct an amount of 3272.630.79 from the maximum amount of $2,000,000 that it will contribute under this Agreement, for a total remaining balance of $1.727.369.21 subject to any deduction as set out in (c) herein ("City's Remaining Project Fund Balance" or "City's RPFB"). 2 of 6 iii. It is mutually agreed that the total Project costs under this Agreement will not exceed $4,000,000. As this "Phase 2 portion" of County Road 52 lies solely within the jurisdiction of Nueces County, the parties acknowledge that the County may decide to increase its funding to fund further improvement to this Phase 2 portion of County Road 52, however any such increased funding of the County will not be considered part of this Agreement, and such increase will not require any commitment of matching funds by the City. iv. The parties agree to be responsible and prudent with the Project Funds. Except as otherwise provided in this Agreement, before entering into any agreement for the Project, whether verbal or written, the parties agree to fully negotiate to the extent allowed under law all fees with potential service providers, and, where applicable, to make a good faith effort to either require a potential service provider to reduce its fees, or to require a re -scoping of the Work necessary to reduce costs, so that Project Funds are used responsibly to pay for fees, prices and expenses considered fair and reasonable fees or prices for those services when compared to fees and prices for the same or similar work in the engineering field or construction industry of Nueces County, Texas. No Project Funds may be expended for any Project costs or services, including services for engineering, construction, construction management, observation or inspection services, without complying with this section. b) Payments. The City will reimburse the County for half of the Project expenses incurred by the County up to an amount equal to the City's RPFB, upon receipt of paid invoices, itemized and accompanied by supporting documentation. Nothing in this Agreement may be construed to require or cause either the City or the County to pay an amount exceeding $2,000,000.00 for the Project. c) Property & Land Acquisition. The County agrees to acquire or have acquired any construction easements, rights-of-way, and utility easements that may be necessary for Project, and to conduct or have conducted proceedings, if any, to condemn by use of the power of eminent domain. The County agrees to acquire the necessary property rights in the name of the County. The City has assisted and will continue to assist the County with Property and Land Acquisition by providing certain land acquisition/right-of-way services. At County's direction the City is acquiring the necessary property rights in the City's name and will transfer the acquired property rights to the County. The County must agree to the specific land acquisition and amount of any expenditure for the land acquisition. Land acquisition expenditures incurred by the City will be deducted from the City's RPFB. d) Design and Installation of Roadway. The road is to be a County Road and subject to the County's standards, therefore the County has decided and the City acknowledges that the Roadway will be built to the same standards and specifications as that portion of roadway or "the NEC driveway" built by NEC, found within Project limits. e) Maintenance. As long as it remains a county road, County will maintain the roadway constructed under this Phase 2 and any other improvements. This paragraph will survive expiration of this Agreement. f) Payment Dates. The County will provide the City with the necessary invoices on a monthly basis in accordance with this Agreement. The City will provide reimbursement or payment pursuant to the terms of this Agreement for necessary Project costs within 30 days from the date of receipt of the County's invoice submittal. g) Contract Management and Administration. Testing. County will be responsible for all planning, design and construction activities, including all contract administration for the Project. County will provide construction observation, management and inspection services and provide, through an independent third party provider, the necessary geotechnical services, engineering materials inspection, testing and laboratory services. The cost of contract management and administration and testing as set out in this paragraph will be paid by Project Funds. The City will have neither first nor prior approval rights of decisions related to Contract Management and Administration, Testing. h) Change Orders. The County will negotiate, approve, and execute all Change Orders as part of contract management and administration. The City will have neither first nor prior approval rights of a Change Order. 1) Project Plans, Specifications, and Cost Estimates. The County will procure and approve the Project Plans, Specifications, and Cost Estimates, as well as advertise and proceed to solicit bids for the construction of the Work. The City will have neither first nor prior approval rights of the Project Plans, Specifications, or Cost Estimates. SECTION 3. TERM OF AGREEMENT. The term of this Agreement shall be from the date signed and authorized by the parties until the County's final acceptance of the Work or City's last payment up to $2,000,000, whichever occurs later. This Agreement may be extended upon written agreement of the parties. SECTION 4. MISCELLANEOUS. a) Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the County and City as required by Chapter 791, Texas Government Code, or any other manner permitted by law, as permitted by and in accordance with Section 791.028, as amended, Texas Government Code. b) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. c) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies -the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. 4 of 6 d) Written Amendment. This Agreement may be amended only by written instrument duly executed on behalf of each party. The authorized representatives may execute minor amendments without obtaining prior approval from their respective governing bodies if the minor amendment would change neither the amounts nor the responsibilities agreed to by either party under this original Agreement. e) Notices. All notices required or permitted must be in writing and will be deemed delivered when actually received or, if earlier, on the fifth business day (5th) following deposit in a United States Postal Service post office or receptacle with proper postage affixed, certified mail, return receipt requested, addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: CITY City of Corpus Christi Attn: Director, Engineering Services 1201 Leopard St., 3rd floor Corpus Christi, Texas 78401 w/ copy to: Gustavo Gonzalez, P.E. Assistant City Manager PO Box 1541 /1201 Leopard, 5"' Floor Corpus Christi, Texas 78401 COUNTY Nueces County Attn: County Engineer 901 Leopard St. Corpus Christi, Texas 78401 w/ copy to: Samuel L. Neal, Jr. County Judge 901 Leopard Room 303 Corpus Christi, Texas 78401 f) Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. g) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City of Corpus Christi, or any officer, agent or employee of the City, or any County Commissioner, officer, agent or employee of the County. h) No Waiver of Immunity. No party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, agents and representatives as a result of its executing this Agreement and performance of its covenants. 1) No Third Party Beneficiaries. No provision of this Agreement is intended or may be construed to confer upon or give to any person or entity other than the signatories to this Agreement any rights, remedies or other benefits under or by reason of this Agreement. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. 5 of 6 CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS Gustavo Gonzalez, P.E. Date ammuel L. Neal, Jr. %%' Date Assistant City Manager Public Works & Utilities County Judge ATTEST: 44/ A4 -c LI) (461421-iik Rebecca Huerta Date Kra Sands Dat City Secretary Approved as to form(P '211-15 11111/(..- Assistant iAssistant City Attorney For City Attorney County Clerk County Road 52 - Phase 2 Exhibit A Exhibit 8 to Interlocal with City and County for CR 52, Phase 2 COUNTY ROAD 52, PHASE 2 Revised Expenses as of June 8, 2015 Expenses to Date (Includes ACTUALS TO DATE: Encumbrances) * Engineering Services 259,349.86 Land Acquisition Services 12,857.35 Advertising and Printing 423.58 TOTAL: 272,630.79 * Engineering Services Charges: Naismith AIE Agreement (executed March 26, 2013) 241,692.50 Kleinfelder Central Inc. (executed May 15, 2013) 9,000.00 Engineering Services reimbursements 8,657.36 259, 349.86 2406 .1° 6'_ clop PHASE 11 0) 03 03 i PHASE 1 CR 52 LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT: E12136 County Road 52 Extension (CR 69 to FM 1889 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 1 010 Corpus Chr sti Capital Programs County Road 52 BOND 2012 Council Presentation July 14, 2015 Project Scope Corpus Chr sti Capital Programs Project includes: • Design and construct a rural roadway from CR 69 to FM 1889, to County standards • 2 - 12' travel lanes with continuous center turning lane, with no bike lanes • Storm Water and Water lines construction • Hydrants and erosion control • Pavement markings and signage • No curb and Gutter • No Sidewalk 2 AGENDA MEMORANDUM Future Agenda Item for the City Council Meeting of July 14, 2015 Action Item for the City Council Meeting of July 21, 2015 DATE: TO: FROM: July 1,2015 Ronald L. Olson, City Manager Wes Pierson, ACM — General Operations and Support WesP©cctexas.com (361) 826-3082 Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) and authorizing an agreement with the CCCVB regarding the use of the Convention Events Fund (CEF). CAPTION: Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) pursuant to Texas Tax Code Section 351.101 and authorizing the City Manager or designee to execute an agreement with the Corpus Christi Convention & Visitors Bureau regarding the use of Convention Events Funds. PURPOSE: The purpose of this item is to approve the CCCVB's annual budget and an agreement regarding the use of Convention Events Funds (CEF). BACKGROUND AND FINDINGS: In 2007, the City working with the Corpus Christi Convention & Visitors Bureau developed the Convention Events Fund to provide an incentive for securing out-of-town conventions and events at the American Bank Center that generate positive economic activity for Corpus Christi. The events must be considering Corpus Christi for their location and would result in increased hotel occupancy for the City. In 2008 the program was activated and funded at $50,000. It was included in the City's annual budget as a new line item in the Hotel Occupancy Tax Fund. The CEF dollars were to be kept separate and apart from the CVB's annual funding. In 2012, through a Council motion during the annual budget presentation, the Convention Events Fund increased from $57,000 to $300,000 to accommodate an increase in convention center business. The City authorizes the CCCVB to manage certain activities funded with hotel occupancy tax revenue through a hotel occupancy tax revenue recipient agreement. Additionally, pursuant to Texas Tax Code Section 351.10, subsection (c), the City is required to approve the Convention Events Fund Year Budget Actuals 2007-2008 -- -- 2008-2009 $ 50,000 $ 33,600 2009-2010 $ 50,000 $ 60,000 2010-2011 $ 50,000 $ 43,000 2011-2012 $ 57,000 $ 34,500 2012-2013 $ 300,000 $ 142,000 2013-2014 $ 230,000 $ 120,000 2014-2015 $ 260,000 -- CCCVB's annual budget thus creating "a fiduciary duty" in the CCCVB with respect to the revenue provided by the hotel occupancy tax funds. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Expenditures in excess of $50,000 are subject to the approval of the City Council. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: General Government & Operations Support FINANCIAL IMPACT: ✓ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 260,000 260,000 Encumbered / Expended Amount 0 0 This item 260,000 260,000 BALANCE 260,000 260,000 Fund(s): Comments: Special Revenue Fund: Convention Events RECOMMENDATION: Staff recommends approving this resolution. LIST OF SUPPORTING DOCUMENTS: Agreement with Attachments Resolution CCCVB FY15 Budget Resolution approving annual budget of the Corpus Christi Convention & Visitors Bureau (CCCVB) and authorizing the City Manager or designee to execute an agreement with the CCCVB regarding the use of Convention Events Funds Whereas, the Texas Tax Code Section 351.101 provides that the governing body of a municipality shall approve in advance the annual budget of the person including other governmental entity or private organization with whom the municipality contracts for the management or supervision of convention and visitors programs and activities funded with revenue from the municipal hotel occupancy tax; Whereas, the City has established a separate Convention Events Fund No. 13616 to be used to assist in accordance with Texas Tax Code Section 351.101 for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality; Now, therefore, be it resolved by the City Council for the City of Corpus Christi, Texas: Section 1. That the annual budget for the Corpus Christi Convention & Visitors Bureau as presented to City Council in July 2015 is hereby approved. Section 2. That the City Manager or designee is authorized to execute an agreement with the Corpus Christi Convention & Visitors Bureau regarding the use of the Convention Center Events Fund No. 13616. A copy of the agreement is on file with the office of the City Secretary. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION AND VISITORS BUREAU FOR USE OF THE CONVENTION EVENTS FUND (HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT) This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and the Corpus Christi Convention and Visitors Bureau, ("Recipient"). Whereas, City desires to encourage conventions and events that promote the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code; Whereas, the City has included in its annual budget hotel occupancy tax funding for the Convention Events fund ("the Fund"); Whereas, the parties desired to use the Fund to reimburse expenses for those conventions and events that serve to promote tourism and the convention and hotel industry within the City of Corpus Christi; Now, therefore, City and Recipient agree as follows: I. Purpose. The City desires to utilize funds from the City's Convention Events Fund in the City FY 2014-2015 operating budget to reimburse Recipient for expenses authorized by the Texas Tax Code Section 351.101 (a) (3) for the events and uses listed on Exhibit A, which is attached and incorporated for all purposes. The requested amounts of reimbursement out of the Fund for Fiscal Year 2014-2015 are also provided on Exhibit A. II. Term. This Agreement commences on the date of execution by the City and terminates on September 30, 2015. This Agreement may be extended for additional one-year terms by written agreement of the City Manager and Recipient to provide reimbursement for additional Eligible Activities up to the amount approved in the City's annual budget for the Convention Center Incentives fund. The continuation of this Agreement beyond the current City fiscal year is subject to the City's annual budget process and annual appropriation of funds. III. City's Duties. For the Initial Term, subject to Recipient's compliance with the terms and conditions of this Agreement and annual appropriation of funds, City agrees to reimburse Recipient out of the Convention Events Fund up to each amount listed on Exhibit A under the "CEF Requested" column, for each specific event listed on Exhibit A. IV. Recipient's Duties- Eligible Activities. Requests for reimbursement of funds by Recipient are limited to those activities that, without exception, meet all of the following requirements, herein referred to as "Eligible Activities": (A) advertising, conducting solicitations and promotional programs in accordance with Section 351.101(a)(3) of the Texas Tax Code to attract tourists and convention delegates or registrants to the municipality or its vicinity; and (B) the funds will be used to promote both tourism and the convention and hotel industry within the City of Corpus Christi in accordance with Section 351.101(a) of the Texas Tax Code; and (C) the activities and approved uses of the funds reimbursed under this Agreement are described on the attached and incorporated Exhibit A. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's activities. VI. Annual Report. Recipient must submit to the City's Assistant City Manager of General Government & Operations Support ("ACM") an annual report ("Report"), no later than thirty (30) days following the end of each fiscal year. The ACM, or his designee, shall review this Report to verify whether the funding provided to Recipient was spent in accordance with the requirements in this Agreement. The Report must include the following criteria in addition to verification documentation requested by the ACM: Recipient must submit to the City a written estimate of the number of attendees that reside outside the territorial limits of the City of Corpus Christi that attended the conventions/events identified on the Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for four (4) years following the expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to make records of these expenditures available for review on request of the ACM or designee. VIII. Disbursement of Funds. Recipient understands and agrees that payment by the City of funds under this Agreement is contingent upon Recipient's full compliance with the requirements of this Agreement and Recipient's submittal of reimbursement request documentation. Recipient understands and agrees that disbursement of these funds under this Agreement creates a fiduciary duty in the Recipient. Should the ACM determine within four (4) years from effective date of this Agreement that Recipient has failed to comply with the requirements contained in this Agreement, all funds must be repaid to the City. IX. Unexpended funds. Upon termination of this Agreement, the City has no obligation to reimburse Recipient any amounts. X. Termination for non -appropriation of funds. The continuation of this Agreement beyond the current fiscal year is subject to the City's annual budget process. If sufficient funds are not appropriated to continue the agreement in the upcoming fiscal year, then this agreement shall be terminated upon notice to Recipient. XI. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Eligible Activities. Recipient must provide ACM with a copy of all Recipient -sponsored advertising and promotion materials regarding its Eligible Activities. XII. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XIII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal -agent relationship between the parties. XIV. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations and rules of the Federal, State, Country and City governments, in particular the provisions of Texas Tax Code Chapter 351 governing use of hotel occupancy tax, a copy of which is attached as Exhibit B. This Agreement is subject to applicable provisions of the City Charter and the City Code of Ordinances. XV. Non-discrimination. Recipient shall not discriminate, or permit discrimination against any person or group of persons, as to employment or in the provision of services, activities, and programs. Discrimination as it pertains to this section includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. ACM retains the right to take action deemed necessary by ACM to enforce this non-discrimination covenant. Violation of this provision will result in the immediate termination of this Agreement. XVI. Indemnity. Recipient hereby fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, licensees, and invitees ("indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or any property loss or damage of any kind, that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by, any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind. Further, Recipient will indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise or rights or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVII. Termination. (A) The City may terminate this Agreement upon fourteen (14) days written notice for any of the following reasons and require Recipient to reimburse the City all funds awarded under this Agreement: (1) Any violation by Recipient of section XIV or XV of this agreement. (2) If the ACM has determined that funds were used for purposes other than those allowed under Section 351.101(a)(3) of the Tax Code, and require Recipient to reimburse the City all funds award. (3) Due to Recipient's use of funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. ACM has the sole discretion to make the determination that funds were used for activities other than those qualifying as Eligible Activities. (4) Recipient's failure to cure any default of any provision of this Agreement after notice and 30 days opportunity to cure. (B) Recipient may terminate this Agreement without cause upon fourteen (14) days written notice to City. If Recipient chooses to terminate the Agreement, Recipient must repay all funds awarded, whether those funds were expended on Eligible Activities or not. XVIII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XIX. Notices. All notices, demands, requests, or replies ("communications") provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery; (2) deposit with the United States Postal Service via certified or registered mail, return receipt requested, postage prepaid. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. All communications must be made to: If to City: City of Corpus Christi Assistant City Manager for General Government & Operations Support P. O. Box 9277 Corpus Christi, TX 78469-9277 If to Recipient: Corpus Christi Convention and Visitors Bureau 101 N. Shoreline Blvd., Ste. 430 Corpus Christi, TX 78401 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify City of an address change within thirty (30) days after Recipient's address has changed. XX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. No waiver of any covenant or condition or breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition. Notwithstanding any indulgence of any breach by the Recipient of the provisions of this Agreement, it is expressly understood that the City may at any time avail itself of its remedies under this Agreement, including the right to terminate the Agreement on account of breach or default. XXI. Entirety. This Agreement and all exhibits attached constitute the entire and sole agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations will have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly without prior written consent of City. Executed in duplicate, each of which will be considered an original, on the day of , 2015. CITY OF CORPUS CHRISTI Ronald L. Olson, City Manager APPROVED: 2015 Lisa Aguilar, Assistant City Attorney For City Attorney CORPUS CHRISTI CONVENTION AND VISITORS BUREAU By: Name: Title: Date: CVB / CEF Financial Commitment Information DEFINITE FISCAL YEAR OCT 2014 - SEPT 2015 CORPUS NAME OF CONVENTION Delegates Number of Room Nights Peak Total Commit- ment Made (Mo/Yr) Convention Date (Mo/Yr) CVB CEF (Requested) Economic Impact CEF Fund Usage Corpus Christi BikeFest 15,000 2,050 5,000 1/2014 10/2014 $64,316 i $16,950 $5,437,500 Off -set Conv. Ctr. cost CC Challenge (Bal due Dec. for 2014 event) 4,000 750 2,000 4/2012 11/2014 $70,000 $1,450,000 Texas Farm Bureau 800 500 1,305 10/2013 12/2014 $5,000 $290,000 Off -set Conv. Ctr. cost SkiIIsUSA 5.000 1,300 3,800 8/2010 3/2015 $12,500 $1,812,500 Off -set Conv. Ctr. &Trans. cost National Guard Assoc. of Texas 1,500 500 1,382 7/2010 3/2015 $10,500 $543,750 Off -set Conv. Ctr. cost Powerlifting 1,000 405 1,010 3/2013 3/2015 $3,500 $362,500 Off -set Conv. Ctr. cost FCCLA State Conv. (Type A Funds Arena $25K) 4,000 1,000 2725 10/2009 4/2015 $14,600 $1,450 000 Off -set Conv. Ctr. cost VPPPA 2,000 880 3320 8/2012 5/2015 $15,000 $725,000 Off -set Conv. Ctr. cost United Methodist Church 1,300 650 2,030 7/2007 6/2015 $5,000 $471,250 Off -set Conv. Ctr. & Trans. cost AWBD (ABC Est. $24K) 1,500 960 3,000 9/2013 6/2015 $9,550 $14,450 $543,750 Off -set Conv. Ctr. cost Texas Shrine Association 3,000 850 3,000 3/2013 6/2015 $10,000 $1,087,500 Off -set Conv. Ctr cost Texas FFA (Type A Funds Arena $25K) 7,500 2,100 7,530 9/2009 7/2015 $12,500 $1,359,375 Off -set Conv. Ctr. cost CC Challenge (1t Pmt. Due 8/15 for '15 Event) 4,000 750 2,000 4/2012 11/2015 $70,000 $1,450,000 Total $73,866 $260,000 $16,983,125 V iI8IHX3 EXHIBIT B Texas Tax Code § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and * * * (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day-to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body or other person. CC CVB 2014 - 2015 ADOPTED BUDGET MONTH Oct -14 No1-14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jun -15 Jot -15 1 Aug -15 1 Sep -15 1 Total (Proposed) Total (Actuals) Variance Revenues 4076 CTA Revenue $ 1,700 S 500 $ 500 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 700 $ 9,000 4030 CEF Revenue $ 16,950 $ 70,000 $ 5,000 $ - $ - $ 26,500 $ 14,600 $ 15,000 $ 29,000 $ 12,500 $ 70,000 $ - $ 259,550 Hotel Tax Incentive Revenue $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 412,500 $ 4,950,000 4044 Cooperative Revenue $ - $ - $ 7,000 $ 1,000 $ 3,000 $ 35,000 $ - $ 40,000 $ 2,000 $ 60,000 $ - $ 2,000 $ 150,000 4060 VC Income $ 2,150 $ 1,900 $ 1,900 $ 1,900 $ 1,900 $ 2,150 $ 2,150 $ 3,125 $ 3,125 $ 3,125 $ 3,125 $ 2,150 $ 28,700 4085 Interest Revenue $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 60 $ 720 4090 Revenue -Private Source S - S 50.000 5 50.000 1 25.000 S 25.000 0 10.000 S 26.000 S 4.000 S - S 10.000 S 15.000 S - S 215.000 Total Revenue 433,360 534,960 476,960 441,160 443,160 486,910 456,010 475,385 447,385 498,885 501,385 417,410 5,612,4 Expenses 5000 Marketing & Promotion 5076 CTA Expense $ 850 $ 3,900 $ - $ 850 $ 350 $ 350 $ 950 $ 750 $ 350 $ 850 $ 350 $ 350 $ 9,900 5122 Festivals and Event Development $ 9,500 $ 7,000 $ 7,000 $ 9,500 $ 7,000 $ 7,000 $ 9,500 $ 7,000 $ 7,000 $ 9,500 $ 7,000 $ 7,000 $ 94,000 5127 Interactive Marketing Expense $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 23,560 $ 282,720 5195 Convention Marketing $ - $ - $ 23,000 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 23,000 5132 New Website Development $ 46,583 $ 16,583 $ 16,583 $ 19,083 $ 16,583 $ 16,583 $ - $ - $ - $ - $ - $ - $ 131,998 5128 Harbor Bridge Lights Mark eting $ 5,833 $ 5,833 $ 5,833 $ 5,833 $ - $ - $ - $ - $ - $ - $ - $ - $ 23,332 Marketing Payroll Expenses $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 66,000 $ 792,000 5100 Travel/Ent/Meals $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 2,100 $ 25,200 5110 Trade Shows/Sales Missions $ 1,450 $ 3,970 $ 4,700 $ 14,000 $ 200 $ 4,000 $ 14,375 $ 2,000 $ 8,150 $ 1,250 $ 700 $ 3,600 $ 58,395 5115 Site Inspections/ FAM Tours $ 200 $ 7,700 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 9,900 5120 Event Hosting $ 46,529 $ - $ 95,000 $ 22,000 $ 37,500 $ 58,500 $ 75,100 $ 25,000 $ 31,827 $ 88,700 $ 10,000 $ 64,000 $ 554,156 5125 Media Advertising -Agency $ 266,372 $ 192,911 $ 82,754 $ 85,829 $ 221,388 $ 225,647 $ 160,525 $ 237,013 $ 212,771 $ 241,210 $ 191,864 $ 190,426 $ 2,308,709 5130 Website Hosting/Maintenance $ 6,500 $ 7,450 $ 5,750 $ 6,200 $ 2,750 $ 4,875 $ 15,175 $ 5,875 $ 11,175 $ 5,875 $ 6,175 $ 5,875 $ 83,675 5135 Printed Collateral Material $ - $ - $ 10,000 0 - $ - $ - $ 5,500 $ - $ - $ - $ - $ - $ 15,500 5140 Giveaway Promo Materials $ 4,000 $ 1,000 $ 3,000 $ 3,000 $ 11,000 $ 500 $ 500 $ 500 $ 500 $ 3,000 $ 11,000 $ 1,000 $ 39,000 5145 Research $ 37,700 $ - $ - $ 3,700 $ - $ - $ 3,700 $ - $ - $ 3,700 0 - $ - $ 48,800 5155 Community Relations $ 2,000 $ 2,000 $ 2,000 $ 10,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 32,000 5160 Cost of Merchandise Sold $ 1,075 $ 815 $ 815 $ 815 $ 815 $ 1,075 $ 1,075 $ 1,565 $ 1,565 $ 1,565 $ 1,565 $ 1,075 $ 13,820 5165 Public Relations $ - $ - $ - $ - $ - $ - $ $ $ - $ - $ - $ 100,000 $ 100,000 MONTH Total Marketing & Promotion 272,670 391,446 412,390 381311111/63 367,198 449,510 322,514 467,186 4,646,1 Total (Actuals) variance Oct -14 Nov -14 Dec -14 Jan -15 Feb -15 Mar -15 Apr -15 May -15 Jon -15 Jot -15 Aug -15 Sep -15 Total (Proposed) Admin/General Expenses Admin Payroll Expenses $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 18,270 $ 219,239 5218 Dues & Subscriptions $ 1,450 $ 200 $ 2,715 $ 8,750 $ 5,320 $ 200 $ 200 $ 255 $ 870 $ 14,750 $ 200 $ 2,825 $ 37,735 5220 Staff Dev/Education $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 400 $ 800 $ 5,200 5240 Acct/Legal/Prof Fees $ 9,500 $ 19,000 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 9,500 $ 123,500 5230 Insurance General $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 2,527 $ 30,324 5215 Computer Expense $ 2,315 $ 2,615 $ 2,315 $ 2,315 $ 2,615 $ 2,315 $ 2,315 $ 2,615 $ 2,315 $ 2,315 $ 3,215 $ 2,315 $ 29,580 5250 Rent Utilities Maintenance $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 5,920 $ 71,040 CC CVB 2014 - 2015 ADOPTED BUDGET 5270 Bank Fees $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 300 $ 3,600 5255 Telephone/Cell Phones $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 2,505 $ 30,060 5260 Postage & Freight /Shipping $ 1,023 $ 2,625 $ 1,430 $ 2,300 $ 672 $ 674 $ 620 $ 3,137 $ 1,295 $ 3,229 $ 3,499 $ 3,099 $ 23,603 5225 Equipment Lease/Rental $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 480 $ 5,760 5245 Office Supplies $ 960 $ 727 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,331 $ 2,334 $ 2,331 $ 25,000 5265 Equipment Repairs &Maintenance $ - $ - $ - $ 5,000 $ - $ 2,000 $ - $ - $ 5,000 $ - $ - $ - $ 12,000 5275 Other S 1,125 S 1.325 S 1.325 S 1,125 S 1,125 S 1.125 S 1.125 S 4.125 S 1.125 S 1.125 S 1.125 S 1.125 $ 16.900 Total Admia/Gw Opmations_ 46,775 56,894 50,018 61,723 51,965 48,547 46,493 52,365 52,838 63,652 50,275 51,997 633,541 TOTAL EXPENSES567,027 397,716 398,313 334,393 443,411 460,937 426,753. 425,928 420,036 513,162 372,789 519,183 5,279,646 333,324 -133,667 137,244 78,647 106,767 -251 25,973 29,257 49,457 27,349 -14,277 128,596 -101,773 333,324 333,324 AGENDA MEMORANDUM City Council Meeting of July 14, 2015 DATE: July 3, 2015 TO: Ronald L. Olson, City Manager THRU: Wes Pierson, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 UPDATE TO CITY COUNCIL Funding Options (Part 2) for Residential/Local Street Reconstruction Plan STAFF PRESENTER(S): Name Title/Position Department 1. Valerie H. Gray, P. E. Executive Director Public Works 2. Constance P. Sanchez Director Financial Services OUTSIDE PRESENTER(S): Name Title/Position Organization 1. 2. 3. BACKGROUND: This presentation is a follow up to the April 14, 2015 presentation of funding options to address the residential/local street reconstruction plan. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Residential/Local Street Reconstruction — Funding Options — Part 2 GaYOFco ny S .-1 LOCA! IMAIDEPRIAL Street Improvement Plan Residential/Local Reconstruction Funding Options - Part 2 Council Presentation July 14, 2015 Overview of Update 47, ➢ Paving Assessments ➢ Public Improvement Districts ➢ Industrial District Revenue ➢ Repurposing Sales Tax ➢ Type A Economic Development ➢ Legislative Issues ➢ Gas Tax ➢ Vehicle Registration ➢ Restore Act ➢ Municipal Management Districts ➢ Ad Valorem Tax Rate Increase Paving Assessments ➢ City Charter Article X, Section 1 and the Transportation Code give the authority to levy assessments for street improvements and allot a portion of the cost to the abutting property owner. ➢ The City's policy on assessments is set forth in in Section 49-21 of the City's Code of Ordinances. ➢ Corpus Christi has used paving assessments since the 1920's. ➢ Assessments in Corpus Christi have been on a voluntary basis whereby 50% or more of the true owners of property abutting a given street would file a petition to have their street reconstructed under what the City calls the "Voluntary Paving Assessment Program" (VPAP). 3 Paving Assessments ➢ Typically, a certain amount of bond funds would be allocated under the street proposition of a given bond ordinance to assist in providing the funding necessary to cover the City's share of the cost of the street improvements under the VPAP. ➢ The City of Corpus Christi has historically used paving assessments for reconstruction of residential streets and not for street maintenance - overlays and seal coats. ➢ Under the City's current ordinance, residents pays 100% of cost of curb and gutters; 90% of cost of pavement; 80% of cost of sidewalk; and 8% of cost of construction for engineering. Corpus Christi City Code (CCCC) Section 49-21 ➢ The amount of the assessment cannot exceed the special benefit that the property will receive in enhanced land value as a result of the improvements made. 4 Paving Assessments PRO's — Already have City ordinance CON's — Does not need a vote from the residents. The City can initiate process through involuntary assessments. — Paving liens are senior to mortgage liens. - Collection rate for the City's most recent assessment was 95% for Catcay improvements. — Establishing assessments is a cumbersome, multi -step process (ex. Bond 2008 assessments). — Does not go through the Tax Office and is not as efficient as levying a tax. — Cannot foreclose for non-payment on homesteads. Attorney General Opinion JC -0386 (2001) — Foreclosure process is judicial and very cumbersome. — Collection rate has been historically low. — Paving assessments can sit on the City's books for decades. — Value of assessments during initial appraisal process is difficult to determine. — Issuing debt for the improvements consumes the City's debt capacity. 5 Public Improvement Districts ➢ The Public Improvement District Assessment Act in Chapter 372 of the Local Government Code allows any city to levy and collect special assessments on property that is within the city or within the city's extraterritorial jurisdiction (ETJ). ➢ A public improvement district (PID) may be formed for improvements to street and sidewalks; water, wastewater, health and sanitation or drainage improvements. ➢ Petition for creation of a PID must be made by over 50% of the true property owners in that area. ➢ The amount of the assessment is capped at the amount of benefit the property will receive as a result of the improvements made. ➢ There are currently no City policies established at this time addressing PID's. 6 Public Improvement Districts 41 - PRO's CON's - The Public Improvement District can pay for all improvements via revenue bonds and then assesses the residents in that district or on a pay-as-you-go basis. — Can go through the Tax Office by contract to add the assessment on the tax bill. — Texas public improvement liens are senior to mortgage liens. — The City's debt capacity is not affected. — Residents could pay 100% of the cost of the improvements. - PID's must be petitioned by over 50% of property owners. - Value of assessments during initial appraisal process is difficult to determine. - Cannot foreclose for non-payment on homesteads. Attorney General Opinion JC -0386 (2001) - Foreclosure process is judicial and very cumbersome. — The PID's revenue bonds could have a higher interest rate than that of the City's general obligation bonds. - PID revenues are considered City funds and must follow all State restrictions applicable to municipal funds. 7 Industrial District Revenue i*a ➢ Renegotiation of the City's industrial district agreements is anticipated to generate an additional $4,500,000 of payments in lieu of taxes beginning in Fiscal Year 2016 - from $6,100,000 of revenue to $10,600,000. ➢ Out of the $4,500,000 additional projected industrial district revenue generated from the "new" industrial district contracts, current City policy allocates $1,060,000 million for streets and the remaining $3,440,000 for additional General Fund needs. Industrial District Revenue • Sections 6 and 7 of the Fiscal Year 2015 Financial Budgetary Policy adopted by Resolution #030265 on August 26, 2014 address the funding level from the General Fund for Street Maintenance (Section 6) and for Residential/Local Street Capital Improvement Projects (Section 7). Revenue Source General Fund Transfer 5% of Industrial District Revenue Years 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 TOTAL Property Tax 5% growth 4% growth 4% growth 3%3X growth 334%growth 3%growth 3%growth 3% growth 3%growth Sales Tax 3% growth 3% growth 3%% growth 334%growth 334%growth 334% growth 334%growth 334% growth 3%%growth $1,000,000 $1,000,000 $1,000,000 $ - $ - $ - $ 875,000 $1,800,000 $2,800,000 $2,800,000 $ 11,275,000 4% growth 4% growth 33X%growth 33£9e growth 3%growth 3%growth 3% growth 3% growth $ - $ 530,000 $ 551,200 $ 573,248 $ 593,312 $ 614,078 $ 632,500 $ 651,475 $ 671,019 $ 691,150 $ 5,507,981 Total $1,000,000 $1,530,000 $1,551,200 $ 573,248 $ 593,312 $ 614,078 $1,507,500 $2,451,475 $3,471,019 $3,491,150 $ 16,782,981 9 Repurposing Sales Tax ➢ April 1, 2018 * - Expiration of Economic Development 1/8 cent Type A sales tax used for the Baseball Stadium, Economic Incentives, and Affordable Housing ➢ August 15, 2016 - Last day to place an item on the November 2016 ballot ➢ November 7, 2016 - Election to renew or repurpose sales tax * Sales tax ($2,500,000 for the Baseball Stadium) could be repurposed to Type B sales tax for economic development. Could fund arterials and collectors but not most residential streets. * Sales tax could also be repurposed into a street maintenance sales tax for residential streets but would require renewal every four years. 10 Legislative Issues ➢ Gas tax ➢ Not yet legally available with this legislative session. ➢ Vehicle Registration Fee ➢ Not yet legally available with this legislative session. ➢ Restore Act ➢ BP Environmental Damage Fund from Deepwater Horizon. ➢ Distributed by the State of Texas Office of the Governor. ➢ Infrastructure projects are eligible for some of the funding. ➢ Municipal Management Districts 11 Legislative Issues (cont'd) ➢ Legislatively -created Municipal Management District(s) (MMD's) — Based on Tex. Local Gov't Code 375.001, et. seq., with legislative changes — Have assessment and taxing authority — Can be created by TCEQ, but only one created in TCEQ's history because of statutory limitations on TCEQ-created MMD's — Statutory limitations of Ch 375 to be modified by legislation • Appointment of Directors from slate provided by MMD -board • Inability to tax or assess residential property without election of voters (TLGC 375.161) — Almost exclusively created by special act of Legislature — Legislative MMD's are often used as basis for downtown development districts — City control of board possible with special legislation — Still a separate governmental unit ➢ Bracketed change to Tex. Local Gov't Code 375 to allow neighborhood MMD's ➢ TCEQ may disapprove applications under current Chapter 375 12 Ad Valorem Tax Increase rcarOcc% 4 ➢ Options 1-4 below pertain to street funding only and do not include any utility costs. ➢ Option 5 includes utility costs. Debt Funded Cash Funded Scenario Proposed Bond Proposition TOTAL Funding from Ad Valorem Taxes Impact on Ad Valorem Tax Rate Total Ad Valorem Tax Rate Impact on Ad Valorem Tax Rate Total Ad Valorem Tax Rate 1 2 3 4 5 $150 million $200 million $300 million $800 million $1.6 billion $15 million for 10 years $20 million for 10 years $30 million for 10 years $25 million for 32 years $50 million for 32 years + $0.046 + $0.054 + $0.076 + $0.062 + $0.142 $0.652717 $0.660423 $0.681925 $0.668197 $0.748610 + $0.088 + $0.118 + $0.176 + $0.147 + $0.294 $0.694264 $0.724264 $0.782264 $0.753264 $0.900264 * * - capped at $0.870264 Cash Funding Available ➢ Maintain General Fund contribution outlined in Financial and Budgetary Policy ➢ Maintain Industrial District Revenue outlined in Financial and Budgetary Policy ➢ Repurpose the baseball stadium portion of the 1/8 cent Type A sales tax in April 2018 Revenue Source General Fund Transfer 5% of Industrial District Revenue Repurpose of Type A Sales Tax GRAND TOTAL Years 2015 2016 2017 2018 2019 TOTAL $1,000,000 $1,000,000 $1,000,000 $ $ - $ 3,000,000 - $ 530,000 $ 530,000 $ 530,000 $ 530,000 $ 2,120,000 - $ 1,250,000 $ 2,500,000 $ 3,750,000 $1,000,000 $1,530,000 $1,530,000 $ 1,780,000 $ 3,030,000 $ 8,870,000 14 Funding Options - Part 2 Residential/Local Reconstruction Discussion OF GORUSC IMP ROVE0�¢ Extending the life of our streets. 15 AGENDA MEMORANDUM City Council Meeting of July 14, 2015 DATE: TO: July 8, 2015 Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361)826-3932 Fire Station #18 — Operational Staffing STAFF PRESENTER(S): Name 1. Robert Rocha 2. 3. OUTSIDE PRESENTER(S): Title/Position Chief Department Fire Name Title/Position Organization 1. 2. 3. BACKGROUND: Fire Station 18 was approved by the voters in a bond package in 2008. However, the approval of the construction of this station did not include operational staffing costs or capital equipment needs required for opening a new fire station. This briefing will include five alternatives to cover operational staffing and capital equipment costs. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Fire Station #18 — Operational Staffing Informal Staff Report Map — Station Responses 2014 Fire Station #18 - Operational Staffing Council Presentation July 14, 2015 Background In 2008, the voters of Corpus Christi approved a bond package that included the construction of a new fire station on Ayers Road between Holly and Saratoga. The project called for the construction of a new station to improve coverage and response times. 1 History There has been a prolong time period between bond passage and construction: 1. Bond Package financed the capital construction costs but did not identify how operational costs would be covered. a. The operational impact called for 15 FTE plus costs for contractual services, supplies, and station utilities. b. Cost of capital equipment (fire truck) was also not included. c. Since operational costs were not budgeted, the City could not build a fire station with no firefighter allocation. 2. During contract negotiations (2014), the Corpus Christi Professional Firefighters Association (Union) had proposed minimum staffing requirements for all new fire companies; however earlier this year, the Union withdrew the mandatory staffing proposal, allowing the City to maintain its Management Rights regarding staffing. 2 Capital Bond Project - 2008 The Fire Station #18 Project has enough financial resources to pay for the capital construction costs, therefore the Fire Department submits the following alternatives to cover operational staffing and capital equipment costs. 4 Option #1 • Increase the authorized budgeted complement by 15 FTE's from 414 firefighters to 429. ($1,248,559) + overtime • Operational costs for contractual services, supplies, and station utilities ($100,000) • Purchase a new fire truck ($625,000) • Budgetary Impact: $1,973,559 • Tax Impact: 1.3 cents (0.013) • Current tax rate = .585264 5 Option #1 - Advantages ➢ Places fire station in operation as approved by the voters ➢ Increase the number of advanced life support (ALS) fire companies in service from 22 to 23 and maintains the current ambulance complement (11) ➢ Supports overall Fire Department mission to reduce response times and increase response capability on the west side of the City. ➢ Reduces call volume for the highest volume Fire Stations #8 (Kostoryz) and #10 (Greenwood) ➢ Positive impact on Insurance Service Organization (ISO) rating worksheet 6 Option #1 - Disadvantages ➢ Financial Impact = $1,973,559 in first year for staff and fire truck, subsequent years will incur personnel costs and normal operational cost for supplies/ utilities, etc. ➢ Tax Impact = 1.3 cents (.013) Option #2 • Increase daily staffing from 96 to 100 personnel on a daily basis using existing personnel - ($1,460,000 overtime liability) - As staffing improves through regular hiring, overtime liability decreases. • Equipment - Usage of existing fleet with no additional costs • Budgetary Impact: $1,460,000 • Tax Impact: 1 cent (.01) 8 Option #2 - Advantages ➢ Increase daily staffing from 96 to 100 personnel on a daily basis using existing personnel - ($1,460,000 overtime liability) - As staffing improves through regular hiring, overtime liability decreases. ➢ Equipment - Usage of existing fleet with no additional costs ➢ Reduces call volume burden on Fire Stations #8 and #10 ➢ Positive impact on Insurance Service Organization (ISO) rating worksheet 9 Option #2 - Disadvantages ➢ Financial Impact = $1,460,000 overtime liability ➢ Reduction in reserve fleet ➢ Tax Impact = 1 cent (.01) Option #3 • Increase daily staffing from 96 to 98 personnel on a daily basis using existing personnel - ($730,000 overtime liability) - As staffing improves through regular hiring, overtime liability decreases • Move Engine 16 located on Mustang Island and crew to Fire Station #18 located on Ayers Road between Holly and Saratoga (cost neutral) • Open Paramedic Rescue Squad 16 and staff Fire Station #16 with 2 personnel • Budgetary Impact: $730,000 • Tax Impact: 1/2 cent (.005) Option #3 - Advantages ➢ Utilizes existing personnel to operate Fire Station #18 ➢ Maintain all current fire stations with staffing ➢ Opens new Paramedic Rescue Squad for Fire Station #16 ➢ Fire Truck and Rescue Squad vehicle already part of fleet - no new apparatus needed Option #3 - Disadvantages ➢ Financial Impact = $730,000 overtime liability ➢ Reduces personnel/capabilities on Mustang Island to a 2 person Rescue Squad ➢ No Corpus Christi Fire Department fire suppression apparatus (fire truck) at the station ➢ Negative impact on Insurance Service Organization (ISO) rating worksheet ➢ Tax Impact =1/2 cent (.005) 13 Option #4 • Close Fire Station #16 on Mustang Island • Move assets from Fire Station #16 on Mustang Island including vehicles and personnel (cost neutral) to Fire Station #18 on Ayers Road • Maintain daily staffing of 96 (cost neutral) • Budgetary Impact: 0 • Tax Impact: 0 14 Option #4 - Advantages ➢ Financial Impact = $0 ➢ Utilizes existing personnel from Fire Station #16 to operate Fire Station #18 Option #4 - Disadvantages ➢ Eliminates Fire Department presence on Mustang Island ➢ Increases response times on Mustang Island ➢ Negative impact on Insurance Service Organization (ISO) rating worksheet 16 Option #5 • Move Engine 101 from Fire Station #1 located at 520 Belden to Fire Station #18 on Ayers Road • Budgetary Impact: 0 • Tax Impact: 0 17 Option #5 - Advantages ➢ Financial Impact = $0 ➢ Utilizes existing personnel from Fire Station #1 to operate Fire Station #18 Option #5 - Disadvantages ➢ Reduces Fire Department personnel/capabilities Downtown/North Beach/ Port Industries ➢ Increases response times ➢ Negative impact on Insurance Service Organization (ISO) rating worksheet 19 Recommendation Option #1 INFORMAL STAFF REPORT MEMORANDUM To: Ron L. Olson, City Manager Thru: Margie Rose, Deputy City Manager Susan Thorpe, Assistant City Manager — Public Safety From: Robert A. Rocha, Fire Chief Date: July 6, 2015 Subject: Fire Station #1 8 -Operational Staffing Issue/ Problem In 2008, the voters of Corpus Christi approved a bond package that included the construction of a new fire station on Ayers Road between Holly and Saratoga. The project called for the construction of a new station to improve coverage and response times. History of the Issue There has been a prolong time period between bond passage and construction. This is due to a variety of reasons: 1. The 2008 Bond Package financed the capital construction costs but did not identify how operational costs would be covered. In the project description, the operational impact called for 15 FTE + costs for contractual services, supplies, and station utilities. Of note, cost of capital equipment (fire truck) was also not included. Since no operational costs were budgeted, it was difficult for the City to build a fire station with no allocation for firefighters. 2. During contract negotiations (2014), the Corpus Christi Professional Firefighters Association (Union) had proposed minimum staffing requirements for all new fire companies (4 — person staffing). This would have caused a mandatory staffing of all new companies with 4 firefighters, thus forfeiting Management Rights to staff and equip the Fire Department as the City sees fit. Earlier this year, the Union withdrew the mandatory staffing proposal, allowing the City to maintain its Management Rights. Alternatives The Fire Station #18 Project has enough financial resources to pay for the capital construction costs, therefore the Fire Department submits the following alternatives to cover operational staffing and capital equipment costs. Option #1 • Increase the authorized budgeted complement by 15 FTE's from 414 firefighters to 429. ($1,248,559) + overtime • Operational costs for contractual services, supplies, and station utilities ($100,000) • Purchase a new fire truck ($625,000) • Budgetary Impact: $1,973,559 • Tax Impact: 1.3 cents (0.013) • Current tax rate = .585264 Advantages Places fire station in operation as approved by the voters Increase the number of advanced life support (ALS) fire companies in service from 22 to 23 and maintains the current ambulance complement (11) Supports overall Fire Department mission to reduce response times and increase response capability on the west side of the City. Reduces call volume on heavy call volume Fire Stations #8 (Kostoryz) and #10 (Greenwood) Positive impact on Insurance Service Organization (ISO) rating worksheet Disadvantages Financial Impact = $1,973,559 in first year for staff and fire truck, subsequent years will incur personnel costs and normal operational cost for supplies/utilities, etc. Tax Impact= 1.3 cents (.013) Option #2 • Increase daily staffing from 96 to 100 personnel on a daily basis using existing personnel — ($1,460,000 overtime liability) — As staffing improves through regular hiring, overtime liability decreases. • Equipment — Usage of existing fleet with no additional costs • Budgetary Impact: $1,460,000 • Tax Impact: 1 cent (.01) Advantages Increase the number of advanced life support (ALS) fire companies in service from 22 to 23 Supports overall Fire Department mission to reduce response times and increase response capability on the west side of the City. p Reduces call volume burden on Fire Stations #8 and #10 p Positive impact on Insurance Service Organization (ISO) rating worksheet Disadvantages )> Financial Impact = $1,460,000 overtime liability );> Reduction in reserve fleet ;> Tax Impact= 1 cent (.01) Option #3 • Increase daily staffing from 96 to 98 personnel on a daily basis using existing personnel — ($730,000 overtime liability) — As staffing improves through regular hiring, overtime liability decreases • Move Engine 16 located on Mustang Island and crew to Fire Station #18 located on Ayers Road between Holly and Saratoga (cost neutral) • Open Paramedic Rescue Squad 16 and staff Fire Station #16 with 2 personnel • Budgetary Impact: $730,000 • Tax Impact: 112 cent (.005) Advantages );> Utilizes existing personnel to operate Fire Station #18 );> Maintain all current fire stations with staffing )> Opens new Paramedic Rescue Squad for Fire Station #16 p Fire Truck and Rescue Squad vehicle already part of fleet — no new apparatus needed Disadvantages p Financial Impact = $730,000 overtime liability p Reduces personnel/capabilities on Mustang Island to a 2 person Rescue Squad );> No Corpus Christi Fire Department fire suppression apparatus (fire truck) at the station );> Negative impact on Insurance Service Organization (ISO) rating worksheet ;> Tax Impact= 112 cent (.005) Option #4 • Close Fire Station #16 on Mustang Island • Move assets from Fire Station #16 on Mustang Island including vehicles and personnel (cost neutral) to Fire Station #18 on Ayers Road • Maintain daily staffing of 96 (cost neutral) • Budgetary Impact: 0 • Tax Impact: 0 Advantages ),> Financial Impact = $0 );> Utilizes existing personnel from Fire Station #16 to operate Fire Station #18 Disadvantages );> Eliminates Fire Department presence on Mustang Island p Increases response times on Mustang Island ;> Negative impact on Insurance Service Organization (ISO) rating worksheet Option #5 • Move Engine 101 from Fire Station #1 located at 520 Belden to Fire Station #18 on Ayers Road • Budgetary Impact: 0 • Tax Impact: 0 Advantages );> Financial Impact = $0 ;> Utilizes existing personnel from Fire Station #1 to operate Fire Station #18 Disadvantages )> Reduces Fire Department personnel/capabilities Downtown/North Beach/Port Industries p Increases response times );> Negative impact on Insurance Service Organization (ISO) rating worksheet Recommendation Option 1 Th Fire Stations - 2014 Nueces Bay Corpus Christi Bay Legend Major Streets Streets Water Fire Station Buffers (1.5 mile) Proposed Fire Station Buffer (1.5 mile) Fire Stations O Ambulance ® No Ambulance O Proposed Station Laguna Madre Gulf of Mexico