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Agenda Packet City Council - 04/27/2021
Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,April 27,2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: 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. 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. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. B. Invocation to be given by Deacon Stephen Nolte, Saint Theresa Parish. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Whitley Yepez, Veterans Memorial High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations City of Corpus Christi Page 1 Printed on 4/26/2021 City Council Meeting Agenda-Final-revised April 27,2021 F. PUBLIC COMMENT - AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Drought Conditions Update b. Street Construction Update C. Upcoming Special Events (HOSPiS Gala &Award Ceremony; Buc Days) H. BOARD &COMMITTEE APPOINTMENTS: 1. 21-0496 Corpus Christi Regional Transportation Authority (1 vacancy) Corpus Christi Convention & Visitors Bureau (1 vacancy) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 10) 2. 21-0509 Approval of the Minutes of the Regular Meeting of April 20, 2021. Consent-Second Reading Ordinances 3. 21-0363 Ordinance accepting $22,816.97 from the State of Texas - Law City of Corpus Christi Page 2 Printed on 4/26/2021 City Council Meeting Agenda-Final-revised April 27,2021 Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. sponsors: Police Department 4. 21-0361 Ordinance rejecting the apparent low bid of WLE, LLC. due to refusal to perform on a previous mowing contract providing similar services and authorizing a three-year service agreement for mowing and grounds maintenance of Stormwater Mowing Group 5B for an estimated amount of $73,740.00 with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for the Department of Public Works, with FY 2021 funding in an amount not to exceed $10,242.00 available through the Stormwater Fund. sponsors: Public Works/Street Department and Contracts and Procurement 5. 21-0421 Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. sponsors: Engineering Services and Public Works/Street Department 6. 21-0469 Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to continue using the 2020 Winter Quarter Average (calculated from December 2019 - February 2020) for wastewater charges from May 2021 through April 2022. sponsors: Water Utilities Department Consent- Contracts and Procurement 7. 21-0293 Motion authorizing a three-year supply agreement with Southern Tire Mart, LLC of Columbia, Mississippi, E.B. Creager Tire & Battery, Inc. of Corpus Christi, Texas, and Vicente Cavazos Jr, dba Cavazos Tire Service of Corpus Christi, Texas in amount not to exceed $166,000.00, for Mobile Tire Repair for Asset Management Department, Fleet Division, with FY2021 funding in the amount of$27,600.00 available through the Fleet Maintenance Service Fund. sponsors: Asset Management Department and Contracts and Procurement 8. 21-0392 Motion authorizing the purchase of two replacement transfer trailers for $167,806 and the lease-purchase, through JP Morgan, of one new transfer trailer from Spector Manufacturing, Inc. of St. Claire, Pennsylvania, for $88,237.90 for a total amount of$256,043.90 to be utilized by Solid Waste Operations; effective upon issuance of a letter of acceptance, with FY 2021 funding in the amount of not to exceed $167,806 available through the Equipment Replacement Fund, with lease purchase payment commencing in FY 2022. City of Corpus Christi Page 3 Printed on 4/26/2021 City Council Meeting Agenda-Final-revised April 27,2021 Sponsors: Solid Waste Operations and Contracts and Procurement 9. 21-0442 Resolution authorizing a three-year service agreement with A-1 Scale Services, Inc. of San Antonio, Texas, in an amount of$91,136.00 for installation and upgrade of the Mettler Toledo Databridge System software to replace the outdated Mettler Toledo Autoscale system utilized by the Cefe Valenzuela Landfill and the JC Elliott Transfer Station, effective upon issuance of a notice to proceed, with FY 2021 funding available through the General Fund. Sponsors: Solid Waste Operations, Information Technology Services and Contracts and Procurement Consent- Capital Projects 10. 21-0282 Motion awarding a Master Services Agreement for Utilities Permitting Assistance to Plummer Associates, Inc., Austin, Texas, for permitting and regulatory assistance for the City's water and wastewater treatment plants, located Citywide, in an amount up to $230,000.00 for the initial term, with four renewal options to be administratively authorized for a total amount not to exceed $1,150,000.00, with FY 2021 funding available from the Water and Wastewater Capital Funds. Sponsors: Engineering Services, Utilities Department and Contracts and Procurement K. LEGISLATIVE UPDATE: L. RECESS FOR LUNCH M. PUBLIC HEARINGS: N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 11 - 12) 11. 21-0534 Discussion with possible action to amend City Council Policies, Rules of Procedure, regarding the Motion to Reconsider. Sponsors: City Secretary's Office 12. 21-0512 Ordinance approving a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina in an amount up to $14,299,000.00; appropriating and transferring $14,299,000.00 from the Seawall Improvement Fund to the Seawall Capital Improvement Program Fund and appropriating therein; and amending the operating and capital budgets. O. FIRST READING ORDINANCES: (ITEMS 13 - 19) 13. 21-0420 Ordinance amending the City of Corpus Christi Code Section 39-324 and Section 39-303 that will incorporate the City's pay plans and holiday schedule as part of the annual budget process and adding pay grade 321 City of Corpus Christi Page 4 Printed on 4/26/2021 City Council Meeting Agenda-Final-revised April 27,2021 for executive leadership team positions [Chief of Staff, Chief Financial Officer, Assistant City Manager]. Sponsors: Human Resources 14. 21-0225 Ordinance amending Chapter 6 of the Code of Ordinances regarding Animal Care and Control by adding and clarifying definitions, creating and revising sections including microchipping registration, failure to reclaim pets, impoundment of abandoned or unrestrained animals, dangerous and aggressive dogs, adequate sheltering of canines, and the feeding of animals; providing for severance, publication, and establishing an effective date of the new laws. Sponsors: Police Department 15. 20-1344 Zoning Case No. 1020-02, Mustang Island, LLC. (District 4). Ordinance rezoning property at or near 7213 State Highway 361 from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. (Planning Commission and Staff recommend Approval) (3/4 vote required due to opposition by adjacent property owners) Sponsors: Development Services 16. 21-0160 Ordinance awarding a construction contract to Facilities Solutions Group, Corpus Christi, TX, for the Fire Station Multiple Location Generator Replacement Project to replace and upgrade generators at Fire Stations 1, 5, 7, 8, 9, 10, and 12, located Citywide, in an amount not to exceed $412,725.00 with FY2021 funding available from the Fire Capital Fund; and amending the Capital Improvement Program. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement 17. 21-0161 Ordinance awarding a construction contract to Pro Tech Mechanical, Corpus Christi, Texas, for the Museum of Science & History Mechanical, Electrical, and Plumbing Improvements to replace the cooling and heating system, located in Council District 1, in an amount not to exceed $1,427,351.00, with FY 2021 funding available from the Facility Maintenance Capital Fund and Energy Public Property Finance Capital Fund; and amending the Capital Budget to appropriate funding. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement 18. 21-0007 Ordinance authorizing the approval of Change Order Number 24 to a construction contract with PLW Cadagua Partners, The Woodlands, Texas, for additional scope of work that includes Clearwell #1 roof repairs for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project, located in Council District 1, in an amount of$427,951.25 for a total restated fee of$23,843,835.05, with FY 2021 funding available from the Water Fund and amending the Capital Improvement Program. Sponsors: Engineering Services and Utilities Department City of Corpus Christi Page 5 Printed on 4/26/2021 City Council Meeting Agenda-Final-revised April 27,2021 19. 21-0510 Ordinance authorizing the resale of 18 properties for$111,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. sponsors: Finance &Business Analysis P. BRIEFINGS: (ITEM 20) 20. 21-0511 Development Growth Presentation and Corpus Christi Regional Economic Development Quarterly Update (1 st Quarter 202 1) sponsors: Development Services and Planning & Environmental Services Q. APPEAL OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEM 21) The Appeal will proceed using the following format: 21. 21-0495 Consideration of an appeal filed by Ms. Raquel Ordonez of the Building Standards Board's Decision to require demolition of the substandard structure on property located at 309 Hiawatha Street in City Council District 1. Sponsors: Neighborhood Services R. EXECUTIVE SESSION: S. ADJOURNMENT City of Corpus Christi Page 6 Printed on 4/26/2021 CORPUS CHRISTI CONVENTION&VISITORS BUREAU One(1)vacancy with term to 10-1-21,representing the following category:1-Community At-Large. (The CCCVB is recommending Ramon Pineda(At Large)or Lance Hancock(At Large)for Council consideration.) Duties The Corpus Christi Convention&Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- round;to promote the City as a year-round destination;to design and implement an advertising campaign with state,national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. Composition CCCVB shall be governed by a board of directors(BOARD),which must be composed of twenty-four(24)members.Thirteen(13)will be selected directly by the City Council.The members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board.The members shall be representatives of the following groups:3-lodging industry;3-attraction industry;2-restaurant industry;and 5-community at-large. The following persons or entities,or their designees or representatives,shall serve as additional voting members of the Board by virtue of position held:The Mayor or designee,City Manager or designee General Manager of the Corpus Hooks and Director of Corpus Christi International Airport.The following persons or entities,or their designee or representatives,shall serve as additional non-voting members of the Board by virtue of position held:State Representative from district 32 or designee,State Representative 34 or designee,Director of Regional Transportation Authority,President&CEO of Port of Corpus Christi or designee,President&CEO of Corpus Christi Regional Economic Development Corporation,General Manager of American Bank Center and Athletic Director of Texas A&M University Corpus Christi or designee. Appointments will be for two-year staggered terms.No person may serve as a voting member of the Board for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term.The CCCVB always shall nominate one(1)more individual than the number of positions available in each category.The City Council will provide serious consideration to the Board's recommendations,but it is not restricted to select members submitted by the CCCVB or any other group. Member size Term Length Term limit 24 2 years 6 years AppointingName District Term Appt date End date John F Longoria District 4 Partial 9/30/2020 10/1/2021 City Council Resigned Community At-Large Melody Nixon-Bice District 5 3 2/10/2015 10/1/2021 City Council Active Lodging Industry Fred F Soward III District 4 2 5/9/2017 10/1/2021 City Council Active Restaurant Industry Johnny Philipello District 4 2 1/10/2017 10/1/2021 City Council Active Attraction Industry Kendra L Kinnison District 4 2 10/10/2017 10/1/2021 City Council Active Lodging Industry Blanche Candelaria- Other/Non- Morris lResident JPartial 9/29/2020 10/1/2021 1 City Council I JActive I Lodging Industry 4-20-2021 Name District Term Appt date End date Appointing Other/Non- Alex Harris Resident 1 9/29/2020 10/1/2022 City Council Active Community At-Large Daniel R Suckley District 4 2 9/11/2018 10/1/2022 City Council Vice-Chair Active Community At-Large Sam Canavati District 5 2 9/11/2018 10/1/2022 City Council Active Community At-Large Ed Cantu District 5 3 2/9/2016 10/1/2022 City Council Chair Active Community At-Large Other/Non- JenniferJ Vela Resident 1 9/29/2020 10/1/2022 City Council Active Attraction Industry Richard Lomax District 4 1 9/29/2020 10/1/2022 City Council Active Restaurant Industry Mitchell Davis Kalogridis District 4 1 9/29/2020 10/1/2022 City Council Active Attraction Industry Ex-Officio,Non- American Bank Center General Matt Blasy 1 N/A N/A America Bank Center voting Active Manager State Representative Ex-Officio,Non- State Representative District 34 or Abel Herrero 1 N/A N/A District 34 voting Active designee State Representative Ex-Officio,Non- State Representative District 32 or Todd Hunter 1 N/A N/A District 32 voting Active designee Texas A&M University- Ex-Officio,Non- Texas A&M Athletic Director or Jon Palumbo District 4 1 N/A N/A Corpus Christi voting Active designee Ex-Officio,Non- Corpus Christi Regional Economic Iain D Vasey District 5 1 N/A N/A CCREDC voting Active Development Corporation Fred Segundo N/A N/A N/A City Council Ex-Officio,Voting Active C.C.International Airport Corpus Christi Hooks General Brady Ballard 1 N/A N/A Corpus Christi Hooks Ex-Officio,Voting Active Manager Michael T.Hunter 1 8/14/2019 N/A Ex-Officio,Voting Active Mayor Joe McComb's Rep. Ex-Officio,Non- Lisa Hinojosa District 4 1 N/A N/A City Council voting Active Port of C.C.Authority Peter Zanoni 1 N/A N/A Ex-Officio,Voting Active City Manager or designee Ex-Officio,Non- Jorge Cruz-Aedo N/A N/A N/A City Council voting Active Regional Transportation Authority 4-20-2021 CORPUS CHRISTI CONVENTION &VISITORS BUREAU Applicants Name District Status Category Christopher O Ardueser District 5 Applied At-Large Ulysses Arrigoitia District 1 Applied At-Large At-Large Steve Banta District 5 Applied Attraction Industry Laura M. Commons District 2 Applied At-Large At-Large Hotel Industry Brandon Crowson District 4 Applied Restaurant Industry Other/ Non- At-Large *Lance N Hancock Resident Applied Attraction Industry Mourad Hasbaoui District 3 Applied At-Large At-Large Paul E Hatridge District 5 Applied Restaurant Industry At-Large Linda Lindsey District 4 Applied Hotel Industry At-large Sara Sells Morgan District 4 Applied Attraction Industry Ramon J. Pineda District 4 Applied At-Large At-Large Carol Rehtmeyer I District 4 jApplied lAttraction Industry Melissa Rios I District 1 jApplied At-Large *Non-Residents allowed CITY OF CORPUS CHRISTI Submit Date: Jan 16, 2021 Application for a City Board, Commission, Committee or Corporation Profile Christopher O Ardueser ,_ .. Middle Initial Last Name Email Address 5421 Whitemarsh Dr Street Aderess Corpus Christi TX 78413 State Postal Code What district do you live in? W District 5 Current resident of the city? Yes r No 1f yes, how many years? 7 Mobile: (303) 915-7323 Home: (303) 915-7323 .....^ate Ph;_ -, AGDA Consulting Owner Jod Tine Work Address - Street Address and Suite Number 615 N Upper Broadway Suite 623 Work Address - City Corpus Christ Work Address - State Texas Work Address - Zip Code 78401 I'hrictnnhnr C) Arriiiincar Dnno 1 of A Work Phone 303.915.7323 Work E-mail address chris.agdaconsulting@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? (-. Yes r' No 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) Graduating with a Doctorate in Business Admisntraitn in May 2021 from the University of the Incarnate Word. Publications in leadership. Research in management, leadership, ethical leadership, operations strategic leadership. Chamber Champion If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, Human Relations Commission, Port Of Corpus Christi Authority Of Nueces County, Tx, Corpus Christi Business And Job Development Corporation, Ethics, Planning Commission Why are you interested in serving on a City board, commission or committee? I have now been gifted the time to be able to give back to my community. I feel I have a skill set that will help this great community continue to move forward with strategic thought, analysis, and planning. I have always enjoyed being part of a team that is goal-oriented and making moves for the future. ('hrictnnhor () ArAiocor Dnno 7 of C, Uolcad a%SUMe Are you an ex-Officio member of a City Board, commission or committee? Yes (.- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes (-. No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No rrhric+nnhor n Arrhuacnr Dano Q of F If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI.AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r• Yes r No Quast;on,applies to Tultiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r•' Yes r No ('hrictnnhor n Orrh incor Dano A of r, Quest on applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? 9 Agent Employee or Tenant Question applies to PLANNING COMMISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? (.- Yes (- No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. J I Agree ('hrictnnhor n Arrbinenr Dfano C; of F Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless 1 am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`hrictnnhnr n Arriiiocnr Dawn A of A Christopher Ardueser, MBA Location: Corpus Christ,TX, USA Phone: 303-915-7323; Emai Personal Description Doctoral candidate and business owner leads, manages, develops and advances companies, teams and the employees. Believes in strong mission, visions, values and goals and development based in them. With a skill set that includes Entrepreneurial Thinking, Leadership Skills, Strategic Planning, Data Analysis, Customer Service, Communication Skills, P&L Analysis, Training and Development, Product & Cost Control, Sales&Marketing, Supply Chain Management and Future Company Development. Current Doctoral Student that focusses in operations with a direct interest in development through strategic thought processes, strategic leadership,management and thinking. Education University of the Incarnate Word, San Antonio,Texas Doctorate in Business Administration,expected May 2021 Colorado State University, Fort Collins, Colorado MBA, May 2016 Metropolitan State University of Denver, Denver, Co BA—Hospitality: Restaurant Administration, May 2006 Research Interests Ethical Leadership Leadership and Management Strategic Operational Leadership Outcome Driven Management Operations in Multi-Unit Medium Sized Firms Family Style of Leadership Practices YOUR NAME Publications & Conference Presentations "Traits of Effective Leaders: A Literature Review"October 2020. DOI: 10.52 81/zenodo.4268623 ABSTRACT: Utilizing research to identify an effective leader is essential for creating a strategic business operational leadership model. The purpose of this literature review is to focus on select objective and less objective traits of leadership among individuals who are in those positions. We explore literature on objective leadership traits such as gender, age, education level, and job satisfaction level and on the less objective traits such as integrity, energy level, and business knowledge, among others. The goal is to evaluate the hypothesis that some, if not all, of these traits contribute significantly to effective leadership by analyzing the available literature about traits of an effective leader. We will explore the theories that have been proposed on this subject in the literature, identify to what degree researchers have investigated these theories, and try to confirm which of these traits continue to significantly be related to successful leadership. The purpose of this paper is to generate a thorough literature review which can later provide a reliable platform for further qualitative, quantitative, or mixed-methods research to create standards that business practices can utilize as a model for leadership identification and integration. 19th International RAIS Conference on Social Sciences and Humanities 21S`International Online RAIS Conference on Social Sciences and Humanities Research in Progress "Finding the Common Management Across Multigenerational Management" Completion January 2021. "Leadership Through Followers" Completion April 2021 Professional Experience AGDA Consulting, Corpus Christ, Tx, 2020-Cuurent Owner/Lead Consultant Run,develop and grow a consulting and coaching firm that specializes on strategic operations, leadership and management. Hester's Cafe, Corpus Christi, Tx,2015-2020 Director of Operations Hired as General Manager for Cafe Division and promoted to Director of Operations for entire company, entrusted with all decision making and development of the company along with advising directly to the owners. YOUR NAME Red Tank Ranch, Corpus Christi, Texas, 2019- Current Consultant Provide Consulting for the operations and start up for cattle ranch, exotic hunts and trophy deer hunts. Advised and consulted on pipelines,water rights and wind farm opportunities and contracts. Analyzed data to ensure maximization of resources. Remain under contract for quarterly advisement. Fuze Colorado Catering, Arvada, Co, 2008-2015 Owner An organically grown company that required my attention for all aspects of the company, from the business side to the culinary side. As the company grew procedures were developed for employees to take on different roles in the company. Sales were increased from less the S 100,000 in the first two years to just under a million dollars in revenue at time of sale. Chapter President National Society of Leadership and Success,Current Chapter President Colorado Restaurant Association,2005-2006 References Dr Lehenbauer Professor of Business, School of Professional Studies, University of the Incarnate Word, 2301 Broadway, San Antonio, TX 78229 Lehenbau@uiwtx.edu 972-896-7430 Jason Rodriguez Owner Hester's Caf6 1714 S Alameda Corpus Christi, Tx 78411 hesterscafecc@gmail.com 361.885.0558 Dr Chase Young, PhD Professor of Early Childhood development Sam Houston University 214.868.8025 Dr Jose Trevino, MD Owner and Doctor of Anesthesiology and Pain Management 361.876.7134 YOUR NAME CITY OF CORPUS CHRISTI Submit Date: Sep 28, 2020 Application for a City Board, Commission, Committee or Corporation Profile Ulysses Arrigoitia First Name _ Last Name Email Address 802 S. Carancahua#425 Street Address Corpus Christi TX 78401 City Sta`e stal Code What district do you live in? W District 1 Current resident of the city? (.- Yes (- No If yes, how many years? 2 Mobile: (860) 713-9504 Business: (361) 857-0998 Primary Phcne Alternate Phone Spectrum Reach Manager mciover Jcc`Ile Work Address - Street Address and Suite Number 4060 SPID Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 1 Ilxiccoc Arrirvnitin Dnrro 1 of r; Work Phone 361.857.0998 Work E-mail address ulysses.arrigoitia@charter.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes (- No 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) High School If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) None Why are you interested in serving on a City board, commission or committee? I can contribute with marketing and advertising expertise. Are you an ex-Officio member of a City Board, commission or committee? r Yes (- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Ihiccoc Arrinnitin Dano 7 of 1� Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes s No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes � No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r• Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Working with water department marketing creative services. Board-specific questions (if applicable) 1 11weenc Arrinnitin Dona Z of 1� Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. IW I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Ilvccoc Arrinnitin Darin A rif t. Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ilxrccoc Arrinnitin Dnrvo 1� of 1� CITY OF CORPUS CHRISTI Submit Date:Apr 01, 2021 Application for a City Board, Commission, Committee or Corporation Profile Steve Banta First Name Last Name Emal Address 4833 Wooldridge Rd. Street Address Corpus Christi TX 78413 at Stage Posial Cede What district do you live in? W District 5 Current resident of the city? r•' Yes r No If yes, how many years? 7 Mobile: (904) 472-7443 Business: (361) 888-4873 P-nary PnoreAL.. -terra' ,e?neve USS Lexington Museum Executive Director molo'•ver .Jcd Tile Work Address - Street Address and Suite Number P.O. Box 23076 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78403-3076 Ct1awn Rnntn Dano 1 of 1; Work Phone 361-888-4873 x310 Work E-mail address steveb@usslexington.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted HOUSING AUTHORITY: Submitted Interests & Experiences Are you a registered voter? (-. Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: My term on the Housing Authority board expires on April 27, 2021. Education, Professional and/or Community Activity (Present) - Retired Navy. Last job held was Commanding Officer of NASCC. - Member of the South Texas Military Task Force. - Member of TIRZ#4. - Member of CC Rotary. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? My position on the LEX, one of the premier tourist attractions in Corpus Christi, makes me uniquely suited to serve the city on the VCC board. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Ctovo Rnntn Dario 9 of 1� No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (.- No Do you, your spouse, your business or your spouse's business have a City contract? Yes (.- No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? c- Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c- Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "No" to all questions above, please enter NSA. N/A Board-specific questions (if applicable) Ctolio Renta D�rro 2 of Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. 1 I Agree Cto%io Rnntn Dano it of C� Consent for Release of information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ctown Pnntn Dnrin 1� of r, CITY OF CORPUS CHRISTI Submit Date: Apr 04, 2021 Application for a City Board, Commission, Committee or Corporation Profile Laura M. Commons First Name Middle Initial Last Name Email Address 502 Delaine Dr. Street Address Corpus Christi TX 78411 City Stale Postal Code What district do you live in? W District 2 Current resident of the city? (.- Yes (- No If yes, how many years? 50 Mobile: (361) 834-8724 Home: (361) 225-7900 P"71ar,Php'e .Alterra'.e Phone Keller Williams Coastal Bend Realtor Emolaier Jeb-tie Work Address - Street Address and Suite Number 4518 Everhart Rd., suite 101 Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78411 1 ni irn AA ('nmmnnc Dano 1 of I^ Work Phone 3612257900 Work E-mail address commons.kw@gmaiI.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted ETHICS COMMISSION: Submitted Interests & Experiences Are you a registered voter? (-. Yes (- No 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) Real Estate license/Del Mar College, Past President of CASA of the Coastal Bend, current board member of CASA of the Coastal Bend, past Chairman of the Corpus Christi Landmark Commission, past Chairman of the Corpus Christi Human Relations Commission, Fiesta De Los Ninos Co-Chairman 2017, Class of 45 graduate of Leadership Corpus Christi, Class of 48 Leadership Corpus Christi Steering Committee, 2016 Texas Realtor Leadership program If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Airport Board CC Convention &Visitors Bureau Ethics Commission Why are you interested in serving on a City board, commission or committee? My interest in travel & my desire to contribute to making Corpus Christi a sought after travel destination for tourists &to serve my beautiful city that has given so much to my family. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No ni irn KA (�nmmnnc Dnrro of 1; No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? rYes rNo Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "N4" to all questions above, please enter N.A. N/A Board-specific questions (if applicable) ni irn AA r nmmnnc Dorm Z of C� Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes (- No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree I ni irn KA ('nmmnnc Dnryo n of C City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. i understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I ni irn AA r�nmmnnc Dano 1; of CITY OF CORPUS CHRISTI Submit Date: Mar 10, 2021 Application for a City Board, Commission, Committee or Corporation Profile Brandon Crowson First Name Last Name Email Address 8110 Denali Dr street Address Corpus Christi TX 78414 cl''i stave �sral Co:ie What district do you live in? W District 4 Current resident of the city? r Yes (- No If yes, how many years? 25 Mobile: (361) 585-9977 Home: (361) 585-9977 P,imary Pha^o Alta—ate Phc,..e IBC Bank Senior Loan Analyst Employer Joo Tale Work Address - Street Address and Suite Number 221 S Shoreline Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 RrnnrJnn r rn%Aicnn D�3rro 1 of A Work E-mail address brandoncrowson@ibc.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted BOARD OF ADJUSTMENT: Submitted BUILDING STANDARDS BOARD: Submitted CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted PLANNING COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? rYes r' No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not serve currently on a City board. Why are you interested in serving on a City board, commission or committee? I am a young professional seeking involvement in the city to help support and serve my community. zoic_ Are you an ex-Officio member of a City Board, commission or committee? (- Yes (-- No Rrnnrinn (`rn1A1Cnn Dnrro r,f F No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (-. No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? rYesr•- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "N4" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Rrnnrinn ('rnlnicnn [)nma of F. Queston applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r' Yes ,: No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COI`,IMISSION Have you resided in the City for at least 3 years? r Yes r• No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Have you held public office during the past 3 years? r• Yes (-- No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMPASSION Are you over 25 years of age? Yes r• No Question applies to CIVIL SERVICE BOARD,CIVIL SERVICE COMMISSION Are you a U.S. Citizen (-- Yes r' No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Financial Institutions Queston applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? • Hotel Industry • Restaurant Industry Quest n applies to HUtvON RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Rronrinn r'rnXAicnn Donn it of r, Queston applies to PORT OF CORPUS CHRISTI.AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes ( No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes r No Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large Quest`on applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Resident Question applies to PLANNING COMM ISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? r- Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree RrmnrJnn ('rn%nicnn Oinma 1; of r, City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 1 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Rrnnrinn ('rn1A1Cnn Dano C, of A BRANDON CROWSON 8110 Denali Dr, Corpus Christi, Texas 78414 - 361-585-9977 Detail-oriented professional with experience in hospitality operations management, strategic planning, marketing, and training development. Natural leader with the ability to lead teams to process and manage large volumes without compromising service and quality. Excellent communicator with the ability to identify problems and organize solutions to gain revenue for overall budgeting. SKILLS Communication (Verbal & Written) Service Oriented Adaptability Strong Work Ethic Goal Oriented Organization High Stress Tolerance Critical Thinking - Decision Microsoft Office Making Training & Development Public Speaking Independent EDUCATION 2014 - 2019 BACHELOR OF BUSINESS ADMINISTRATION - MANAGEMENT, TEXAS A&M UNIVERSITY - CORPUS CHRISTI 01-2019 - PRESENT BACHELOR OF BUSINESS ADMINISTRATION - ACCOUNTING, TEXAS A&M UNIVERSITY - CORPUS CHRISTI EXPERIENCE 01-2020 - Present DIRECTOR - OPERATIONS, DIAMOND BEACH HOLDINGS — WAVES RESORT CC • Guided training and development of employees to increase employee morale • Reduced operating costs by 25% by negotiating price points with multiple vendors • Achieved high guest satisfaction rates • Initiated and led a cross functional team of management team members to enhance guest experience • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms to increase property revenue • Analyzed financials to ensure proper budgeting between property departments • Directed and developed a staff of 4 managers, 2 supervisors, and 150 seasonal BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 - 361-585-9977 now associates to achieve the organization's vision. • Processed Accounts Payable transactions which included generating checks, organizing, distributing, and month end journal entries. 12-2018 - 12-2019 DIRECTOR - OPERATIONS, PORT ROYAL OCEAN RESORT • Budget preparation and cost analysis reporting • Lead teams in high profile and volume events • Achieve high guest satisfaction during peak/non-peak seasons • Responsible for operations within the Food and Beverage and Guest Services Departments • Developed and implemented Sales and Marketing campaigns that include web, print, and social media platforms • Directed and developed a staff of 2 managers, 3 supervisors, 12 FOH employees, and 35 seasonal student associates to achieve the organization's vision. 06-2017 - 12-2018 FOOD AND BEVERAGE MANAGER, PORT ROYAL OCEAN RESORT • Assisted in hiring and training of F&B employees for all levels including hourly and leadership positions. • Prepare annual and monthly budgets, cost analysis, employee performance reviews, and additional quarterly and weekly department progress reports. • Oversee administrative tasks, including reporting, training, equipment and food ordering, maintenance, and other needs as they arise. • Responsible for directing all aspects of catered events including menu development, contracts, and vendor relations. • Interact daily with hotel and dining guests to promote brand and accept feedback. • Maintain communication with management staff of hotel and operation directors. • Reduce food, liquor and supply cost significantly and maintained a consistent 28% food cost and 16% liquor cost, by implementing policies and inventory control. • Through cross training, integrated personnel to maximize efficiencies and maintained low employee turnover. • Created detailed events for groups (Banquet Event Order) 07-2016 - 06-2017 FOOD & BEVERAGE SUPERVISOR, PORT ROYAL OCEAN RESORT • Managed staff of up to 30 service and kitchen, including hiring, training, and scheduling • Responsible for assisting in all aspects of catered events including menu 2 BRANDON CROWSON 8110 Denali Dr. Corpus Christi, Texas 78414 361-585-9977 development, contracts, and vendor relations • Responded to sales and catering inquiries, scheduled site tours and met with potential clients to educate and sell them on the services that the hotel offers. • Coordinated with the catering and banquet staff to ensure the efficient execution of all events. • Hire, train, schedule catering staff, and actively involved with labor cost control, food cost control, and preparation, transportation, setup, operation and break-down of all events. 3 CITY OF CORPUS CHRISTI Submit Date:Jul 31, 2020 Application for a City Board, Commission, Committee or Corporation Profile Lance N Hancock First Name Midale Indial Last Name Email Address 4005 Ridge Trail Street Address Robstown TX 78380 C;ty State Postal Code What district do you live in? W Other/Non-Resident Current resident of the city? r Yes r No Mobile: (832) 205-4482 Business: (361) 221-0828 Primary Phone Alternate Phcne General Manager Retail King Ranch Operations Lmcloier Jco-ale Work Address - Street Address and Suite Number 201 E. Kleberg St Work Address - City Kingsville Work Address - State Tx Work Address - Zip Code 78363 Work Phone 3612210828 I nnnn ISI I-InnrnrL- Dano 1 of 1:� Work E-mail address Ihancock@king-ranch.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (.- Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently the Chairman of the Hotel Occupancy Tax and Visitor board in Kingsville Texas. I will only be serving on that board through one more meeting and then will be replaced by one of my manager's that works for me. Education, Professional and/or Community Activity (Present) I have a BBA in Accounting from Sam Houston State University and I also have my MBA with a specialization in Accounting from Sam Houston State University. I participate in several events through Robstown Hardware and the other business I manage as it relates to community involvement. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am interested in the Visit Corpus Christi Board. Why are you interested in serving on a City board, commission or committee? I work very closely with Visit Corpus Christi on a number of projects and feel I can be a valuable asset as the city continues to grow the outreach of the Coastal Bend. I am very well versed in tourism and retail as I manage both on a daily basis. JL'I�aC Are you an ex-Officio member of a City Board, commission or committee? Yes r• No I nnno IV Wnnnnr•I- Dnno 9 of 1� No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes (-. No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r• Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r• Yes (-. No Does your employer or your spouse's employer have a City contract? r' Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r' Yes r: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r• Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter NIA. N/A Board-specific questions (if applicable) I nnno fel I-Innrnrle Dnrvo Z of 1:� Question applies io CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree I nnro fel WnnrnrL- Dano A of 1:� Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. 1 understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree nnr-n IU Wnnrnrrl, Dario C� of 1:� LANCE HANC OCK 4005 Ridge Trail Robstown,TX 78380 832.205.4482 PROFESSIONAL EXPERIENCE King Ranch, Inc.. Kingsville, TX 2016- Present General Manager Retail Operations • Responsible for the retail operations of King Ranch which include the King Ranch Saddle Shop, Robstown Hardware Co., King Ranch Visitor Center, King Ranch Museum, and co-branding relationships with Ford, Lucchese, Textron, and others. • Manage multiple store front locations, e-commerce websites, social media platforms, email marketing and overall marketing budgets. • Manage and supervise 100+ employees across agriculture, high end luxury retail goods, and visitor experience industries. • Report directly to CEO and Board of Director's for King Ranch, Inc. • Responsible for the strategic plans of retail operations and communication of these plans to executive management and board. • Currently managing three different construction projects for retail operations. • Interact with a wide array of community leaders at both the city and county levels. • Responsible for all social media and marketing efforts of every retail operations plus the corporate King Ranch social media accounts. King Ranch, Inc.. Houston, TX 2012- 2016 Assistant Corporate Controller/Retail Controller • Responsible for the monthly and quarterly corporate accounting including consolidation and elimination,journal entries, as well as financial schedules, narratives, and variance analysis. • Manage the accounts payable, accounts receivable, and fixed asset departments of the Company. • Responsible for accounting of mineral interests on the Ranch (approx. 450 operating wells). • Prepared corporate and mineral budget every year. Also consolidated business segment budgets and was involved in executive budgeting process with the various business segments. • Managed both internal and external auditors during the year. Prepared the annual report including financial disclosures and concept layouts. • Prepared all Board of Director's presentations quarterly, consolidated and formatted presentations for the annual stockholders forum for the Company. Involved in meetings to discuss theme of Board meetings and direction of annual stockholder meeting. • Involved in strategic planning meetings within the Company throughout the year. Also have been a presenter to stockholders of the Company. • Involved in risk management for the Company including the annual renewal program with our insurance broker, including several presentations to underwriters. • Work on several special projects within various segments of the Company including our retail, cattle, and pecan operations. Able to manage several different projects while also handling day to day duties of the corporate accounting office. Lance Hancock • Page 2 - • Have been involved in due diligence for acquisitions of the Company. • Highly motivated and have been commended on the work I have performed within the Company including performance evaluations from upper management. • Performed an ERP implementation of NetSuite for one of our Retail operations. Ernst & Young_ , LLP, Houston, TX 2008- 2012 Audit Senior • Organize, execute, and supervise Integrated Audit Procedures for Fortune 500 companies, for Sarbanes-Oxley 404 Compliant Public Companies, and for private companies with revenues ranging from$4 million to$38 billion. • Perform manager duties on the Hess Corporation E&P audit as an experienced senior auditor. • Supervise and train junior staff and seniors. Directly manage people throughout numerous engagements, including Hess Corporation, Legend Natural Gas, and WildHorse Resources. • Consistently exceeded expectations on performance evaluations for both quality of work and people interaction. Performed senior duties as a staff, and manager duties as a senior. • Excellent client relations. • Lead budget discussions with senior management and the client. • Diverse audit experience including Oil & Gas, Manufacturing, and Food Services. • Experience with start-up companies with large growth through acquisitions and private equity firms. • Lead two engagements on first year audit clients with plans for IPO's in the near future. Helped implement 404 compliance, set accounting policies, format and draft SEC financial statements. EDUCATION/HONORS MBA, emphasis in Accounting, Sam Houston State University, Huntsville, TX, 2008 (3.50 GPA) BBA—Accounting, Sam Houston State University, Huntsville,TX, 2007(3.10 GPA) Southland All Conference Football Player(Junior& Senior Year) Academic All Conference Football Player(Freshman-Senior Year) Dean's List, (Fall 2005) SKILLS Windows XP, Microsoft Office, Quickbooks, Ernst&Young, LLP proprietary auditing software, Infinium A/S 400, NetSuite, JD Edwards CITY OF CORPUS CHRISTI Submit Date: Jul 16, 2020 Application for a City Board, Commission, Committee or Corporation Profile Mourad Hasbaoui First Name Last Name Email Address 4642 Ramona Dr Street Adaress Corpus Christi TX 78416 ,t Sta`e postai Code What district do you live in? W District 3 Current resident of the city? (-. Yes t^ No If yes, how many years? 14 years Mobile: (361) 429-3170 Mobile: (361) 429-3170 -mar,?hone Altema"•.e Phrne AutoNation Chevrolet North Corpus Christi Service Coordinator Emboder Jo---de Work Address - Street Address and Suite Number 2118 South Padre Island Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78416 KAni rrnrl Wnchnnr d Dano 1 of r, Work Phone 361-884-5234 Work E-mail address hasbaouim@autonation.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? (-. Yes (- No 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) Member of Board of Directors of World Affairs Council of South Texas If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Convention &Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have been living in Corpus Christi for almost 14 years. I love this city because it made me feel so welcome and also it shaped my personality. I want to give back to the city and the community . Are you an ex-Officio member of a City Board, commission or committee? c Yes r• No KArmrnrl Wnchnni d Dnrro 7 rnf No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (.- No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes � No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. . N/A Board-specific questions (if applicable) AAnt irnrl Wnchnni si Dnno Q of 1; Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector` of Nueces County? r Yes (- No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? (.- Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree KAni irnrl Wf:ichnni ii Dano A of f1 City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAni irarl Wachnni ii Dario 1; of 1� Mourad Hasbaoui 4642 Ramona Dr. Corpus Christi, TX 78416 T (361) 429-3170 PROFILE I am a multi-faceted, efficient, reliable administrative professional with 9+ years of experience supporting executives, sales and management for the improvement of internal operations for a national business. EXPERIENCE Conn's Home Plus; Corpus Christi, TX. Sale Associate August 2008 -September 2015 Provided face to face assistance to customers through the buying process that includes merchandise selection, payment and finance options. • Make telephone calls to existing and potential customers to generate business Ability to assist with merchandizing and store product set-up. Conn's Home Plus; Corpus Christi, TX. Assistant Manager of Sales—September 2015—December 2017 • I managed 50+ employees with relation to monitoring of all sales productivity and profitability. • Assist with internal problem solving and assisted sales staff with any high-level customer services issues. • Managed company merchandising and product inventory oversight to maximize corporate revenue. • I assisted with hiring and placement of adequately skilled sales associates. • Trained staff in all functions related to customer service, retail sales aspects for increased company profits, implementation of company policy and procedures. • Assisted low performing sales staff with skills development and performance improvement strategies. • Assisted executive leadership team with establishing creative strategies for optimizing internal operations, financial returns, external customer services and output. AutoNation Chevrolet North Corpus Christi Sale Consultant - December 2017- December 2018 • Providing an exceptional service throughout the customer's entire purchase process. • Effectively communicate with customers in person, over phone or e mail to discover customer's needs. • Listening to the customer and providing a consultative approach to help with the completion of the process. • Make sure all the steps of the process (appraisal drive and presentation of the vehicle) go smooth Service Coordinator- December 2018-Present • Working with sale associates, sale managers, service advisors and financial manager to provide a professional customers service and support the Company's vision and mission. • Driving business via level of an engagement with customers • Working closely with management to identify current promotion, inventory needs and communicate those promotion to customers. EDUCATION Del Mar College, Corpus Christi, TX • Political Science Associate Degree Fall 2019 • Criminal Justice Associate Degree Fall 2019 • Bachelor of Science: Register for Fast Track Spring 2020 at University of Houston-Victoria majoring in Political Science with concentration in Pre-Law SKILLS • Have excellent customer service and communication skills. • Maintained excellent profits and was able to manage the decrease in corporate financial • Exceptional team worker attitude and maintained good working relationship with all staff. • Keen understanding of the Middle East and the Muslim world :ountries Strong proficiency in knowledge of current domestic and foreign policy of Arab • Deep comprehension of the Arab- Israeli conflict. Languages 0 Arabic- Modern Standard • Arabic-Moroccan • Arabic-Egyptian • Arabic- Levantine • French • English Groups and Nonprofit Organizations • Moroccan Center for Intellectual Development • Member of the board directors of the World Affairs Council of South Texas • Student Government Association at Delmar College • American Political Science Association CITY OF CORPUS CHRISTI Submit Date: Aug 05, 2020 Application for a City Board, Commission, Committee or Corporation Profile Paul E Hatridge First Name Middle Initial Last Name Email Address 6026 Lost Creek Dr. Street Address Corpus Christi TX 78413 City Sate Fsstal•,ode What district do you live in? W District 5 Current resident of the city? r Yes r No If yes, how many years? 52 Mobile: (361) 563-6287 Business: (361) 993-7258 Pr;mary Phone Alternate Thule SaltWater Grill Owner Emoloyer Jdn-.tle Work Address - Street Address and Suite Number 2401 Cimarron Blvd#101 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78414 Mini d P Wf3trirlruo Dano 1 of C� Work Phone 3619937258 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r Yes (- No 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, Marketing/Management, Corpus Christi State University Why are you interested in serving on a City board, commission or committee? I have worked in the Restaurant business as an employee and as an owner most of my adult life. I would be honored to serve on this board to help promote the growth of the hospitality industry in Corpus Christi. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender J Male Code of Ethics- Rules of Conduct/Conflicts of Interest Dni d G Wntririno Dano ) of 1� Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question appl-es to CORPUS CHRISTI CONVENTION&VISITORS BURPAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Dni d D WntrirJno Dano Q of r; Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Dni d G Wntrirlrvo Dnrvo A of Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dmi d r Wntririno Dnno C� of 1; CITY OF CORPUS CHRISTI Submit Date:Jul 25, 2020 Application for a City Board, Commission, Committee or Corporation Profile Linda Lindsey First Name east Name Email Address 3002 CEDAR SPRINGS RD. Street Address CORPUS CHRISTI TX 78414 City S'•.a?e P35tal%ode What district do you live in? W District 4 Current resident of the city? r Yes (- No If yes, how many years? 17 Mobile: (830) 591-8212 Home: (830) 591-8212 Pnmary Pore Altern:ale Phone A&M Supervisor of Student Teaching Emoloier ioo T:tle Work Address - Street Address and Suite Number A&M Kingsville Work Address - City Corpus Christi area Work Address - State Texas Work Phone 8302795099 1 inrin I inricdaw Work E-mail address Linda.lindsey@houstonisd.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? (-. Yes r No 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/COACH (33 YEARS) - UNDERGRADUATE FROM TEXAS TECH UNIVERSITY 1985 UNDERGRADUATE PHYSICAL EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 1998 MASTER'S DEGREE IN EDUCATIONAL ADMINISTRATION 24 GRADUATE HOURS IN SPECIAL EDUCAITON - MY PASSION IS FACILITATING STUDENTS AND SPECIAL NEEDS PERSONS TO BE "THE BEST THEY CAN BE"THROUGH EDUCATION, SPORTS, RECREATION AND COMMUNITY INVOLVEMENT. HUSBAND IS RETIRED MILITARY CURRENTLY WORKING OVERSEAS. INVOLVED WITH 2ND BAPTIST CHURCH CC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Island Stategic Action CC Visitor/Tourism Why are you interested in serving on a City board, commission or committee? As a Ling time educator/coach , I have seen first hand the importance of a positive, vibrant community. Are you an ex-Officio member of a City Board, commission or committee? r- Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? c: Yes r~ No inrin I inricdaw Demographics Ethnicity W Caucasian/Non-Hispanic Gender J Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? c- Yes (-- No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "N4" to all questions above, please enter N/A. I do not have any of these connections. Board-specific questions (if applicable) inrin I inricaw Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Question applies to ISLAND STRATEGIC ACTION COMMITTEE iSAC preferred representatives from certain categories. Do you qualify for any of the following categories? * • Residential Property Owner (Who owns property and resides on Mustang or Padre Island) • At Large Representative who is a City Resident Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree I inrin I inrJcnx/ Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree I inrin I inrlcoxi CITY OF CORPUS CHRISTI Submit Date:Aug 03, 2020 Application for a City Board, Commission, Committee or Corporation Profile Sara Sells Morgan First Name Middle Initial Name Email Address 311 Bayshore Drive Street Address Corpus Christi TX 78412 cty State Postal Code What district do you live in? W District 4 Current resident of the city? (-. Yes (- No If yes, how many years? 29 Business: (361) 825-3507 Mobile: (361) 960-1831 P^mary P^o e Alternate Phone Art Museum of South Texas Director Emolover jou-ele Work Address - Street Address and Suite Number 1902 N. Shoreline Blvd. Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Cara Colic Unrnnn D!arvo 1 of Work Phone 361/825-3507 Work E-mail address sara.morgan@tamucc.edu Preferred Mailing Address W Work Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am not serving on any City boards, commissions or committees at this time. Education, Professional and/or Community Activity (Present) Post Graduate Certificate in Museum Leadership, Getty Leadership Institute, Claremont Graduate University, 2016 Bachelor of Arts in Art History, University of California-Santa Barbara, 1986 1 have served on or worked with the following boards: CASA, Kappa Alpha Theta, Church of the Good Shepherd, Ronald McDonald House, Charity League, Trustee of the Art Museum of South Texas, Coastal Bend A.I.D.S. Foundation Why are you interested in serving on a City board, commission or committee? I am interested in serving on the Convention and Visitors Board in order to promote tourism activities available in the Corpus Christi area that bring visitors to our region. Tourism growth translates to increased economic opportunities for our community. Are you an ex-Officio member of a City Board, commission or committee? r Yes (.- No Cern Colic AAnrrvnn Dano 7 of 1; No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. No response necessary since I answered "no"to the above questions. Board-specific questions (if applicable) Cnrfa Colic AAnrnnn Dfano 2 of Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? I,7 Visual Arts (painting, sculpture, arts media) • Public Art/Public Space Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree Cern QtAc hAnrnnn Dano A of 1:� City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Carrs Qnllc Unrnan Dnrro 1; of L:� SARA SELLS MORGAN 361.825.3507 • sara.morgan@tamucc.edu PROFESSIONAL SUMMARY Experienced museum professional with a demonstrated history of working in the fine art industry. Skilled in non- profit organizations, contemporary art, museums, event planning, and arts administration. Proactive and curious mindset. Prevent issues with creative, hands-on solutions built on deep understanding of successful business practices. Bachelor's degree focused in Art History, Criticism and Conservation from University of California, Santa Barbara with a post-graduate certificate in Museum Leadership from Getty Leadership Institute, Claremont Graduate University, Claremont, California. WORK HISTORY ART MUSEUM OF SOUTH TEXAS- CORPUS CHRISTI,TEXAS Director, December 2020 to current Interim Director,June to December 2019 Assistant Director,August 2013 to June 2019 - Responsible for all operations of Art Museum of South Texas as Interim Director. - Manage day-to-day business operations and make strategic decisions. - Attend events to develop professional network of potential donors. - Cultivate donors and solicit gifts. - Plan and organize special events, solicit private and corporate sponsorships to reach financial targets. - Work with Curatorial Department on temporary exhibitions and Permanent Collection. - Project management for exhibitions and programs. - Served as representative for AMST with professional, business and civic groups, community organizations and individuals. - Oversee financial records -track, monitor, submit and approve documents for departmental budget. - Assist with government and grant reporting. - Train and mentor new employees on industry practices and business operations. - Direct impactful social media presence, offering content relating to fundraising campaigns and organizational objectives. - Coordinate Board of Trustee meetings. - Assist as staff liaison to Board and represent staff on various Board Committees. - Oversee taxes, invoices and donor related reports. - Review and prepare monthly financial reports for management and Board. - Provide information and schedules for audits. - Provide information and financial data for Finance Committee. - Supervise and coordinate general office, facility and gift shop operations. - Assist with project management on various projects. - Serve as staff liaison to TAMU-CC in areas of Finance and Administration, providing reports and information as requesting. - Complete performance evaluations of six direct report staff and maintain personnel records for all staff according to TAMU-CC rules and regulations. TEXAS A&M UNIVERSITY-CORPUS CHRISTI -CORPUS CHRISTI,TEXAS Stewardship Coordinator, 2009-2013 - Planned and executed all donor recognition and stewardship efforts for Institutional Advancement. - Coordinated all aspects of Distinguished Speaker Series, President's Council Art Competition, President's Mardi Gras Ball and other community events. - Prepared department and event budgets. - Prepared and reviewed annual departmental and event reporting. - Prepared and monitored donor appeals. - Supervised Event Coordinating staff. - Advisor for the Student Foundation Association. MORGAN FINANCIAL SERVICES - CORPUS CHRISTI, TEXAS Owner/Manager, 2001-2009 - Maintained high standards of quality through continuous reviews of products and service. - Developed and executed marketing programs and general business solutions resulting in increased company exposure, customer traffic, and sales. ART MUSEUM OF SOUTH TEXAS-CORPUS CHRISTI,TEXAS Event Coordinator, 1990-1992 - Managed administrative logistics of events planning, including contract signing,fee collection, event booking and event promotions. - Evaluated existing plans, processes and events planning services to identify opportunities for improvement. JAMES GALLERY- HOUSTON,TEXAS Art Consultant, 1989-1990 - Served as Art Consultant for U.S.A.A. National Headquarters in San Antonio. Purchased art for the Executive Offices, Executive Dining Room and common areas. - Supervised commissioned purchases and installations for public works. L.A. LOUVER GALLERY -VENICE, CALIFORNIA Gallery Assistant, 1987-1989 - Art Sales and assist with installation of exhibitions. - Coordination of gallery events and openings. ROGOW AND BERNSTEIN - LOS ANGELES, CALIFORNIA Project Manager, 1986-1987 - Worked closely with design staff and museums to coordinate the execution and installation of museum exhibits. EDUCATION Post Graduate Certificate in Museum Leadership, 2016 Getty Leadership Institute - Claremont Graduate University—Claremont, California B.A. Art History, 1986 University of California -Santa Barbara - Santa Barbara, California PROFESSIONAL AFFILIATIONS Texans for the Arts, Board of Directors American Alliance of Museums Association of Academic Museums and Galleries Mountain-Plains Museum Association Texas Association of Museums Downtown Management District Merchants Association CITY OF CORPUS CHRISTI Submit Date: Mar 18, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr. Ramon J. Pineda Prefix First Name Middle Initial Last Name Email Address 301 Artesian Street Address corpus Christi TX 78401 City Slate Postal Code What district do you live in? *, W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 1 Mobile: (201) 696-7463 Business: (361) 886-6111 Primary phone Alternate Phone Scripps Media General Manager Employer JCe-'Tle Work Address - Street Address and Suite Number 301 Artesia Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 AAr Dmmnn 1 Dinorin Dnrro 1 of 1� Work Phone 361 8666111 Work E-mail address ramon.pineda@kristv.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? r• Yes r No 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 Coastal Bend Food Bank Why are you interested in serving on a City board, commission or committee? Be able to contribute tot he growth of Corpus City and utilize Broadcast stations to serve the community when possible. Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest KAr Dmmnn l Dinorin Dano '�l of 1:� Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes c No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r•' No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes c' No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Queshcr applies to CORPUS CHRISTI CONVENTIOI\I&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above KAr Damnn 1 Dirinrin Dorm '2 of L� Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. J I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree KAr Dmmnn 1 Dinnrin Dano A of Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree AAr Dmmnn 1 Dinorin Dnno C� of 1:� CITY OF CORPUS CHRISTI Submit Date:Jul 10, 2020 Application for a City Board, Commission, Committee or Corporation Profile Carol Rehtmeyer First Name Last Name Email Address 3304 Floyd Street Street Acdress Corpus Christi TX 78411 City Fate Postal Code What district do you live in? W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 7 Mobile: (630) 287-0900 Business: (361) 826-4654 Primary Phone Aker-ate?hone Friends of the CC Museum Pres/CEO �moloyer Jco--.tle Work Address - Street Address and Suite Number 1900 N CHAPARRAL ST Work Address - City Corpus Christi Work Address - State TX Work Phone 3618264654 r'nrnl Dahtmaxiar Drina 1 of 1� Work E-mail address carolr@ccmuseum.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted Interests & Experiences Are you a registered voter? � Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Education, Professional and/or Community Activity (Present) I am a strong community activist with interest in improving the quality of life for Corpus Christi. I currently serve the following boards: President, CBI Sisterhood; Board of Directors, Congregation Beth Israel; Board of Directors, Corpus Christi Ballet;Advisory Board, Botanical Gardens;Advisory Board, Corpus Christi Symphony, Committee- Pops in the Park; Advisory board, Bailando Festival. In coordination with the Ed Rachal Foundation, I assist various not-for-profits that have included the USO NAS, Foster Angels, Botanical Gardens, 3rd Coast Airforce Squadron. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am interested in serving on the CVB board. I also have interest in the Type A Board. Why are you interested in serving on a City board, commission or committee? I seek to offer a broadened vision for improving tourism and retention of visitors in Corpus Christi that goes beyond special events. I am strong at organizational development, increasing visitation and encouraging organizations to collaborate for improved value, sustainability and community engagement. My interest is to improve the quality of life for our community while improving the value we offer to attract corporations, skilled and executive management as well as tourism. While programming and events will bring spurts of attention to our city, long term growth and sustainable value in our community can be achieved through greater focus on our visitor worthy attractions and greater collaborations. I would love to have the opportunity to assist in this effort. JDIr.... r`nrrd Dnrvo ) of Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r• Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes <-. No Does your employer or your spouse's employer have a City contract? (.- Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I work for the Friends of the CC Museum who have a contract with the city for the management of the CC Museum of Science & History. (`nrnl Dnhtmo%ior Dnrvo '2 of 1; Board-specific questions (if applicable) Queston applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree r'nrnl Dohtmowor Dario A of 1� City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (`nrnl Dohtmo%ior Dmmn L:� of C� Carol Rehtmeyer Nit-SE1. NI CEO & EXECI:TIN'E DIRECTOR Corporate Strategy, Community Engagement,Business and Financial Development EXPERIENCE C'ORPL-S CHRISTI NIL`SE['_Nl OF SCIENCE .-kND HISTORN Corpus Christi,Texas President& CEO 10/2018—present • Upon community request,returned to this museum following its 9-month closure,to reposition the museum for not-for- profit management o Developed board,bylaws,and new management structure o Responsible for$2.1M budget,strategic direction,operation,development,and sustainability of the museum o In first 6 months,raised over$350k for museum improvements and additions o Recorded record attendance levels pre COVID-19 o Managed organization through COVID-19 for successful return o Raised$1 M during pandemic for museum sustainability and growth o Established online educational streaming programming o Opened 5 new exhibits with 3 more in development for late 2020 opening ED R.a C H A L F O C N D.-ATION Corpus Christi,Texas Contract CEO for Not-for-profit Organizations 2016-2018 • Provided management and development services to not-for-profit organizations o Served as Interim CEO and Development Officer to successfully re-establish a failing United Service Organization(USO)onboard the Naval Air Station through financial management,programming, and fund development o Created a five-year strategic plan for the South Texas Botanical Gardens to develop multiple revenue streams, raising$500k for implementation of a new garden entrance and Garden Express passenger train o Provided long term planning and development for: Corpus Christi Symphony, Corpus Christi Ballet,CBI Sisterhood and Foster Angels of South Texas,raising over$2M collectively for the organizations CORPLS CHRISTI Nit SEL NI OF SCIENCE AND H1STORN Corpus Christi,Texas Executive Director 2012-2016 • Developed new vision for the nearly 60-year-old museum for a successful turn-around in 18 months o Responsible for the strategic direction and operation of the 100,000 SF facility o Managed a$1.5M budget and 34 employees o Increased attendance by 400% in 2.5 years under my tenure o Tripled net revenue in 2 years o Updated museum look, logos,imagery, and exhibits o Improved gift shop,generating over$100k in annual sales o Established and managed marketing,promotion,revised web presence from 3k likes to over 44k followers o Designed,developed,and gained funding for 5000 sf$3M Children's Science Center o Created and funded an outdoor playground and music garden,valued over$50k o Developed and produced science camps providing approximately$250k in annual funding o Obtained$70k in camp scholarship each year and over$l Ok in funding for at risk youth programming o Developed approximately 100 successful, educational and community events S C I T E C H N I U S E U N I Aurora,Illinois Executive Director 2010-2012 • Created a successful turn-around for a science and physics museum o Responsible for staffing and organizational structure of the 90,000 SF center o Implementation of programming,membership,fundraising,grant, and board development o Developed and implemented multiple revenue streams including the addition of a cafe, SciTech Discovery Preschool, an exhibit licensing division,and the creation of SciTech Theatre, increasing revenue by 260%, improving membership by 525%and general attendance by 300% R E H T N I E Y E R IN(-. Aurora,Illinois/Shanghai China President, Founder 2002-20t2 • Founded$6M international organization with 21 employees specializing in product development, manufacturing,and licensing in the toy industry. T0N AND GAME INDUSTRY" FOUND.aTION Naperville, Illinois/Las Vegas Nevada Founder and CEO 1996-2009 • Established and managed a highly regarded,annual educational 3-day symposium,conference,and trade show for the toy industry with an annual speaking faculty of over forty executive-level leaders from high-profile toy companies,and retailers around the world. R D 1 CO. I N C . Naperville, Illinois President 1989-2002 • Led a multi-million-dollar consumer product development think tank and licensing company that serviced major toy and entertainment companies including:National Geographic Society, Blockbuster Inc.,Tyco Toys, Parker Brothers,Hasbro,Mattel,Fisher-Price,Pressman Toy, Brach Candy and Mega Brands. _--- — — —- EDUCATION _ BF.1 INDUSTRI.XL DESIGN, 1984 University of Illinois,Champaign Illinois Top 100 graduate honor award PROGRAMS, BO.kRDS & :kSSOC[_ATIONS President,CBI Sisterhood 2019-present Board of Directors, Bailando Festival 2017-present Board of Directors,Congregation Beth Israel 2017-present Board of Directors,Corpus Christi Ballet 2014-present Advisory Board,The Art Museum of South Texas 2013-present Advisory Board, South Texas Botanical Gardens and Nature Center 2014-present Member,Leadership Texas Women 2016 Member,Leadership Corpus Christi,class 42,2013 Licensing and Product Development Advisor,National Geographic,and Fisher Price 2002-2012 Board of Directors, SciTech Museum 2008-2010 Founder and President,Chicago Chapter Women in Toys 1998-2002 --=—__ — - ---- -- - --_— AWARDS AND HONORS-:_- 2014 & 201_5 CORPLS CHRISTI CALLER TRIES \II.SEI \I BESC OF CHF BEST•' 200' R (ME N IN CO\ S N_A]'ION-A[. ASSOC'I_ACIO.A .."OMEN TO `rA aTC[I 2003 N-ATION-AL aSSOCI:AI'ION OF \\O\IEN BUSINESS (MNERS iN y\\BO) --N\ ()\I VN BLtiINESS OWN ER OF THE Y F \R- 2000 BI �,INI:;S LED(;ER •-INFT.LEN I'l \C. A\ O\[EN IN BI.SING SS" -A\\ -kRD 2000 N \PERv 1I_1_E CHv\IBER OF CO\INTER(-E _. FIA HNOLOG\ BI ,IN V,0, OF I fit \ 1-. yR ' 0v ,vRD 1x49 BLSINESS LEDGER -ENCE1.1_EN('F IN BL�INFSS' CITY OF CORPUS CHRISTI Submit Date:Apr 09, 2021 Application for a City Board, Commission, Committee or Corporation Profile Melissa Rios First Name Last Name Email Address 2758 Wind Rock Dr. Street Address Corpus Christi TX 78410 City State Postal Code What district do you live in? V District 1 Current resident of the city? r• Yes r No If yes, how many years? 35 Mobile: (210) 630-9296 Business: (361) 653-2270 Primary Phone Alternate Phone Bo_n_ill_a_-& Chapa__ Paralegal Employer Job Title Work Address- Street Address and Suite Number 2727 Morgan Ave. Work Address-City Corpus Christi Work Address-State Texas Work Address-Zip Code 78405 AA,mliccn Dinc Dnnc 1 of R Work Phone 361-881-1000 Work E-mail address melissa.rios@bonilla-chapalaw.com Preferred Mailing Address q Home/Primary Address Which Boards would you like to apply for? ARTS &CULTURAL COMMISSION: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: Not Submitted CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE: Submitted CORPUS CHRISTI CONVENTION &VISITORS BUREAU: Submitted CRIME CONTROL& PREVENTION DISTRICT: Submitted HUMAN RELATIONS COMMISSION: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r Yes r No 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) I have a Bachelors Degree in Applied Science specializing in Court Reporting but have been a paralegal for almost 16 years and in the legal field for 22 years. I am a member of the Corpus Christi Association of Legal Professionals and have served on the Board. I am a dancer for a non-profit Hispanic Arts Center and have also taught youth classes there. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Arts &Cultural Commission Crime Control & Prevention Why are you interested in serving on a City board, commission or committee? I would like to have a more active role in my community. I am very involved with the local arts. Upload a Resume AAcliccn Dinc Dnna ') of G Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender Pr Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO"to all questions above, please enter N/A. I answered "No" on the question about my employer, but I'm not certain what contract my employer might have with the City, if anything. KAcliccn Dine Dnno Z of Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? " • Visual Arts (painting, sculpture, arts media) • Public Art/ Public Space W Youth/ Education • Higher Education • Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr Legal Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? Pr Coastal Bend Legal Services Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Adult At-Large hAcliccn Dinc D!zma A of Verification City Code Requirement- Residency As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-65,which 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. V I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which 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. Pr I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. V I Agree Uialiccn Dinc Dnrio 1; of r, MELISSA RIOS 2758 Wind Rock Dr. Corpus Christi,Texas 78410 210.630.9296 PROFESSIONAL SUMMARY Trial paralegal with 20 years of experience in litigation management achieving production, organizational, legal, and administrative results. Strong business judgment. Results driven. Diplomatic and tactful. Open to new ideas and solutions. Experience assisting, working up and preparing cases for trial. Assist attorneys in trial. KEY STRENGTHS • Research/Investigation • Case Management • Staff Development • Initial Intake/Assessment • Attention to Detail • Multi-tasking • Scheduling • Analysis/Problem Solving • Bilingual—Fluent Spanish and Fluent English PROFESSIONAL EXPERIENCE Paralegal —Bonilla & Chapa, P.C. Corpus Christi, Texas February 2020 to Present Manage attorneys' calendars, meetings, depositions, telephonic conferences, and hearings. Draft legal pleadings, motions and correspondence. Perform legal research and investigations. Process billing invoices. Track deadlines, and prepare logs and case management reports. Paralegal —Huseman Law Firm, PLLC Corpus Christi, Texas May 2015 to February 2020 Manage legal services for partner Van Huseman. Manage attorneys' calendars, travel arrangements, meetings, depositions, telephonic conferences, and hearings. Draft legal pleadings, motions and correspondence. Perform legal research and investigations. Process billing invoices. Track deadlines, and prepare logs and case management reports. Temp-Legal Assistant—Sterling Personnel (Assigned to Wood, Boykin & Wolter), Corpus Christi, Texas September 2014 through May 2015 Relocated from San Antonio to Corpus Christi in July of 2014. Legal Assistant-Hoblit Ferguson Darling LLP, San Antonio, Texas August 2009 to March 2014 Managed legal services for partners, Mark Ralls and Stephen Darling, and three associate attorneys. Manage attorneys' calendars, travel arrangements, meetings, depositions, telephonic conferences, and hearings. Perform legal research and investigations. Process billing invoices. Track deadlines, and prepare logs and case management reports. Legal Secretary—Donnell Abernethy &Kieschnick, P.C., Corpus Christi, Texas May 2007 to August 2009 Managed legal services for managing partner, William A. Abernethy and one associate attorney. Managed attorneys' schedule, travel arrangements, meetings, depositions and hearings. Managed discovery and document production. Processed billing invoices. Additional Professional Experience Legal Secretary—Upton, Mickits,Hardwick&Heymann March 2005 to May 2007 Legal Secretary/Receptionist—Meredith, Donnell&Abernethy November 1999 to March 2005 Professional Education - Associate's Degree—Court Reporting; Del Mar College, Corpus Christi, Texas; Graduation 2003 - Pursuing Paralegal Certificate;National Association of Legal Assistants(KALA) Professional Memberships - Corpus Christi Association of Legal Professionals (Board Member) - Alamo Area Paralegal Association - National Court Reporters Association Student Initiative References John Runde, Attorney Weisbart Springer Hayes LLP 212 Lavaca Street, Suite 200 Austin, Texas 78701 512.507.2241 jrundena,wshllp.com Celia Garcia, Attorney Brock Person Guerra Reyna, P.C. 17339 Redland Road San Antonio, Texas 78247 210.979.0100 cgarciaRbpgrlaw.com Isabel Martinez, Office Manager Hoblit Darling Ralls Hernandez &Hudlow LLP 6243 11110 W, Suite 601 San Antonio, Texas 78201 210.224.9991 imartinez(a,hdr-law.c om CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY One(1)vacancy with term to 6-30-2022,representing the following category:City-Transportation Disadvantaged. Duties The Corpus Christi Regional Transportation Authority operates and provides for a public transportation system for Nueces County and the cities included in the Authority. Composition Board of Directors consist of eleven(11)members-five(5)appointed by the City Council;three(3)appointed by Nueces County Commissioners Court;two(2) appointed by the Mayors of Cities in the Transit Authority other than Corpus Christi(Agua Dulce,Bishop,Driscoll,Gregory,Port Aransas,Robstown and City of San Patricio);and the Chairman who is appointed by the Board. The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged(elderly,persons with disabilities or low-income individual.) The statute does not mandate that this Board member be transportation disadvantaged.If the Chairman is from the membership,the entity that appointed that person will appoint a replacement. Terms shall be for two years;members may serve up to eight consecutive years as stated by State Law. The State Sunset Committee suggests that the appointing bodies should consider the appointment of a regular rider of the transit system.A member of the board must be a qualified voter Member size Term Length Term Limit 11 2 years 8 years AppointingName District Term Appt.date End date City-Transportation Anne Bauman District 5 2 11/7/2017 6/30/2022 City Council Deceased Disadvantaged Lynn Allison 1 9/25/2019 9/30/2021 Nueces County Active Nueces County Anna Jimenez 1 9/25/2019 9/30/2021 Nueces County Active Nueces County Dan S Leyendecker District 4 2 9/13/2017 9/30/2021 Nueces County Active Nueces County Glenn Martin 3 10/14/2015 9/30/2021 lCommittee of Mayors Active I Mayor of other Cities Mike Reeves District 1 3 11/5/2014 9/30/2021 Committee of Mayors Vice-Chair Active Mayor of other Cities Patricia B Dominguez District 1 2 9/19/2017 6/30/2022 City Active City Corpus Christi Regional Regional Transportation Edward Martinez District 2 3 3/24/2015 1/3/2022 Transportation Authority Chair Active Authority Eloy H Salazar District 5 11 6/23/2020 6/30/2022 City Council jActive City Philip C.Skrobarczyk District 2 12 2/13/2018 6/30/2022 lCity Council jActive lCity Matthew Woolbright District 4 12 6/19/2018 6/30/2022 ICity Council jActive I City 4-27-2021 CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Applicants Name District Status Category City-Transportation Gabi S Canales District 4 Applied Disadvantaged City-Transportation Adolfo "Butch" Escobedo District 5 Applied Disadvantaged City-Transportation Rose M Harrison District 2 Applied Disadvantaged A.Joyce Lopez District 3 Applied City City-Transportation Erica M Maymi District 5 Applied Disadvantaged Peter G Melve District 4 Applied City City-Transportation Sylvia A Tryon Oliver District 2 Applied Disadvantaged City-Transportation Lamont C. Taylor I District 1 jApplied IDisadvantaged Lynn A Valley I District 1 jApplied ICity CITY OF CORPUS CHRISTI Submit Date: Apr 13, 2021 Application for a City Board, Commission, Committee or Corporation Profile Gabi S Canales First Name Middle Initial Last Name Email Address 15949 Punta Espada Loop Street Address Corpus Christi TX 78418 City State Postal Code What district do you live in? W District 4 Current resident of the city? r Yes r No If yes, how many years? 20 Mobile: (361) 460-0205 Business: (361) 887-4700 Primary Plicae Alternate Phone Canales Law Office, PLLC Attorney Emoloyer Jeo T.tle Work Address - Street Address and Suite Number 5262 S. Staples Street , Suite 100 Work Address- City Corpus Christi Work Address - State Texas Work Address - Zip Code 78411 (=ahi C r-nnninc Dino 1 of Work Phone 361-887-4700 Work E-mail address gabilawl4@gmail.com Preferred Mailing Address 9 Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, I do not currently serve on any other City board commission or committee. Education, Professional and/or Community Activity (Present) Please see attached resume. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? am interested is serving on the City of Corpus Christi RTA board because as Moshe Feldenkrais so brilliantly stated "Movement (transportation) is life. Life is a process. Improve the quality of the process and you improve the quality of life itself." Corpus Christi is an amazing city with wonderful residents. I would love to be part of the movement that improves the process which would improve the quality of an already phenomenal city. Furthermore, although I do not have any disabilities I do have family members, clients, and friends who are either elderly, have disabilities or are are low income. I have heard their struggles with transportation and would love to be their voice on the RTA. 5, Are you an ex-Officio member of a City Board, commission or committee? r Yes (-- No (;nhi C r`nnnloc Dnrio 7 of Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r• Yes r No Does your employer or your spouse's employer have a City contract? r• Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r' Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r• Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r' Yes (.- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. if you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) r:�hi C ('�ri�loc Dnma Q of r� Quest'.on 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 Duice, San Patricio, Port Aransas and Robstown) Yes r- No Queston applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? rz Yes (- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") I have had years of experience dealing with the needs of disadvantaged transportation deprived individuals. I have seen first hand how we can empower persons how we can rejuvenate individuals who are challenged because of mobility. I would love to be that voice. I have seen first hand what mobility means ... think back remember the freedom when you first rode a bike .,. When you first drove ... how it felt...the whole world ... because you are elderly disadvantaged or poor you should not be denied this, your ability to go to the doctor to the store. To live Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. J I Agree r_nhi C (`nnnhac Darin A of G City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree (=nhi C ('nnninc Dnma F, of 1; GAA S. 111aleA 1.50I11 1sutta}sle%Lb I.—p .1w lioue-'G ;od`Ai ,Hit I I SrIt- 17 Xjsr..,a�1 [i�1�Ylti{i�9ili,I'Ir���:�4d:l;�.asls���til i'.rslsta f:hM?i Giig di:airp I nit otMil!ng*m-4;x-lw n,vi fLr KIA Imo:IL Sax+]IMIJ IN 0 MI 0411IR-6111 IIIJI 0 jilt ha{h 4juAfp"I¢r'fir IPni1R91 AINI-ALV-A++fmm;mhhCavj Y•!11m I q.%r.ra tAr N,mi I;.,Ir ow;IPNI m rr ilgfrit-ll itnw•--a 41#N,"at A WAW 1"axl an 1--unx jol hn6 L:Aa 4�a�r 1 CITY OF CORPUS CHRISTI Submit Date: Apr 13, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mr Adolfo "Butch" Escobedo Prefix First Name Las[Name Email Address 7702 Fred's Folly Drive Street Address Corpus Christi TX 78414 Ctty S•.ate Postal Code What district do you live in? " W District 5 Current resident of the city? r Yes (- No If yes, how many years? 46 Home: (361) 548-7612 Home: (361) 548-7612 Prnary PF,one Alternate Phone Work Address- Street Address and Suite Number n/a Work E-mail address n/a Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Are you a registered voter? r• Yes r No KAr Arinlfn "Pi ltr h" Gcrnhnrin Dnrro 1 of Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) n/a Why are you interested in serving on a City board, commission or committee? want to serve Are you an ex-Officio member of a City Board, commission or committee? r Yes (.- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No KAr Arinlfn "Pi itch" Gcrnhorin Dano 7 of F, Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a 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) (.- Yes c- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r• Yes r No Quest'on applies Io CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/V) I am an amputee of my lower and wear a prosthetic. I have first-hand knowledge of disadvantages of handicap. AAr Arinlfn "Ri itrh" Gcrnhorin Dino 2 of 1; Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree KAr ArInifn "Ri itrh" Gcrnhorin Dnrro A of 1:� Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KAr ArJnlfn "Pi itch" GcrnhorJn Dnrro r-. of G CITY OF CORPUS CHRISTI Submit Date: Apr 06, 2021 Application for a City Board, Commission, Committee or Corporation Profile Rose M Harrison First Name Middle Initial Last Name Email Address 313 Naples Street Address Corpus Christi TX 78404 City State Pos;al Cede What district do you live in? " W District 2 Current resident of the city? r Yes r No If yes, how many years? 31 Mobile: (361) 739-5929 Home: (361) 739-5929 Pnmary Phone Alternate Phone Self employed Attorney Emrlo'ver JOG".tie Work Address - Street Address and Suite Number 410 Peoples St Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78401 Dncn NA Wnrricnn Darin 1 of F Work Phone 3617395929 Work E-mail address roselawfirm007@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted Interests & Experiences Are you a registered voter? (= Yes (- No 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) Attorney at Law, Juris Doctor(J.D. degree) If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Recreation, Downtown Management,Tax Appraisal Why are you interested in serving on a City board, commission or committee? I believe I can be an asset to these boards and provide any expertise I may have in relation to them. l;ad �eSlmu Are you an ex-Officio member of a City Board, commission or committee? r Yes c No Dnco AA Wnrricnn Dnrro 7 of A Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (.- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes c' No Does your employer or your spouse's employer have a City contract? r Yes (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (.- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Quest or,applies to ARTS&CULTURAL COrvIMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Public Art/Public Space • Performing Arts (music, dance, drama, film) Dnco AA Wnrricnn D�rvo 2 of C. 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) r•' Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? Yes r• No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") have no experience in this regard, but I can be a voice for the disadvantaged. Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (For NCAD) Are you a resident and qualified elector* of the District (Nueces County)? (-. Yes r' No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT (NCAD) Have you resided in the District for at least 2 years? (.- Yes r' No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r• No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY;TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r. Yes r• No Inco KA Wnrricnn Dfann it of F Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? W Agent Employee or Tenant Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Dnco AA I-Inrricnn Dono F, of C, Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dnco AA Wnrricnn Dfano F of A ROSE MEZA HARRISON, J.D. P. 0. Box 3118 (361) 739-5929 Corpus Christi, TX 78463 roselawfirm007(a.gmail.com Career Focus Attorney Summary A highly dedicated professional with a successful career and the capacity to contribute to the development of a progressive organization. Demonstrated strengths include the capacity to analyze large volumes of complex information, strong interpersonal skills with the ability to interface with individuals of all levels and strong follow-up skills. Highly skilled negotiator with a reputation for consistently achieving win-win scenarios. Four years experience as an Assistant County Attorney. Eight years experience as a private practitioner. Eleven years paralegal experience in civil law including employment, labor, personal injury, toxic tort, constitutional and statutory law. Bilingual: English &Spanish. Professional Profile Academic: THURGOOD MARSHALL SCHOOL OF LAW, Texas Southern University—Houston, TX Doctor of Jurisprudence Law-2003 Graduated Cum Laude; President of the Hispanic Law Student Association; Hispanic Bar Association Scholarship Recipient; Mexican American Bar Association Scholarship Recipient; Member Phi Alpha Delta; Member Mock Trail Team TExAs A&M UNIVERSITY—Corpus Christi, TX Bachelor of Arts, Political Science—1998 Graduated Magna Cum Laude; Secretary of the Women's League of United Latin American Citizens DEL MAR COLLEGE—Corpus Christi, TX Associate Degree, Legal Assistant— 1994 Graduated with Honors; President Nueces County Association of Legal Assistants; Mentor for Puente Del Mar; Member of the Legal Advisory Board for Del Mar College Admissions: State Bar of Texas- May 2006- present Federal Court, Southern District of Texas—2006-present Affiliations: Member State Bar of Texas Member Corpus Christi Bar Association Member Coastal Bend Women Lawyers Association Member Texas Criminal Defense Lawyers Association Member Coastal Bend Criminal Defense Lawyer Association Board of Directors for Coastal Bend Women Lawyers Association (2007-2009) Board of Directors YMCA of the Coastal Bend 2019 to present Community Service: PTA President, Pasadena Elementary School, Pasadena, Tx(1980-81) Del Mar Advisory Committee for Paralegal and Legal Secretary programs— 1994 Puente Del Mar Mentor— 1994 Board Member Mary McLeod Bethune Day Nursery—2013 Texas Rio Grande Legal Assistance Pro bono Family Law Attorney—2013 to present RoSE MEZA HARRISON, J.D. Page 2 of 3 Professional Experience ROSE M. HARRISON, Attorney at Law—Corpus Christi, TX Solo Practitioner(January 2013—present) Criminal, Family, and Personal Injury cases. DEMOCRATIC CANDIDATE AND NOMINEE- Congressional District 27—September 2011 to November 2012 NUECES COUNTY-Corpus Christi, TX Assistant County Attorney(November 2007—April 2012) Prepare legal advisories to department heads and elected officials employed with the county. Research and prepare briefs to the Texas Attorney General for opinions regarding public information act requests. Civil Litigation in the defense of Nueces County. RODRIGUEZ&JONES-CORPUS CHRISTI,TX Associate Attorney(July 2007- October 2007) Practiced criminal and family law in state and federal court. ROSE MEZA HARRISON, P.C.—Corpus Christi, TX Solo Practitioner(August 2006—July 2007) Court appointed attorney for criminal, family and juvenile matters. Additionally, personal injury trial litigation and Attorney Ad Litem and Guardian Ad Litem. SNAPKA&TURMAN, L.L.P. —Corpus Christi, TX Legal Assistant(2005) Assisted with client intake in the Vioxx litigation (approx. 200 files). HORNBLOWER, MANNING&WARD, P.C.—Corpus Christi, TX Law Clerk (2003—2005) Assisted with litigation in the toxic tort(Silicosis) division. RAMEY,CHANDLER, MCKINLEY&ZITTO, L.L.P. —Houston, TX Law Clerk (2002—2003) Prepared dispositive motions and responses to motions for DPTA, mold, foundation and commercial accident cases. OFFICE OF THE HONORABLE LEVI BENTON, 215TH—Houston, TX District Court, Harris County, Texas Legal Intern (2002) Assisted Judge Benton with research for dispositive motion rulings in courts. BARGER, HERMANSEN, MCKIBBEN&VILLARREAL, L.L.P.—Corpus Christi, TX Legal Assistant(1991 —2000) Assisted with pre-trail litigation in state and federal courts for personal injury and labor and employment law cases. Rose Mezn HARRISON, J.D. Page 3 of 3 Computer Skills Word, Word Perfect, Microsoft Office, Excel, Westlaw, Lexis, Databases References Mr. James F. McKibben Jr. McKibben, Woolsey&Villarreal, L.L.P. .(361) 882-6611 Ms. Liza Aguilar Wood McKibben, Woolsey&Villarreal, L.L.P. (361) 882-6611 CITY OF CORPUS CHRISTI Submit Date: Mar 29, 2021 Application for a City Board, Commission, Committee or Corporation Profile A. Joyce Lopez First Name Last Name Email Address 2026 Yale Street Street Address Corpus Christi TX 78416 City State Postal Code What district do you live in? W District 3 Current resident of the city? (.- Yes r No If yes, how many years? 62 Mobile: (361) 777-6230 Business: (361) 445-8861 Primary P'^one Alternate Pho e Texas Workforce Commission- Vocational Rehabilitation Certified Orientation & Mobility Division Specialist mployer Job-tie Work Address - Street Address and Suite Number 520 North Staples Street Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 A lnxiro I nno-7 Dano 1 of F: Work Phone 361-882-7491 ext.758 Work E-mail address joyce.IopezC@twc.state.tx.us Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Are you a registered voter? (-. Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: RCAT member Education, Professional and/or Community Activity (Present) Foy H. Moody High School Graduate 1977 University of Texas-Austin 1982 B.S. Education/Special Education/Psychology University of Texas-Austin 1995 Certification for Orientation & Mobility Specialist Member of the Association for Education and Rehabilitation of the Blind and Visually Impaired Member of the Texas Association for Education and Rehabilitation of the Blind and Visually Impaired Member of the Coastal Bend National Federation for the Blind Member of the Walk'N Roll Celebration Team Member to Organize White Cane Day in Corpus Christi/Victoria-Crossroads/Rio Grande Valley Member of Our Lady of Guadalupe Church If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Regional Transportation Authority A lnwrro I nnn-7 Dorm 7 of A Why are you interested in serving on a City board, commission or committee? I am very interested in serving on the CCRTA Board so that I can continue to advocate for people with disabilities and the senior citizen communities. I have a successful 39 year career working with students/adult learners with blindness. I have dedicated most of my time to my professional organizations that deal with the education and rehabilitation of blind people. I am very involved in training blind individuals to travel independently so they can become active and productive members of the workforce. I have experience working in the public school system, private sector and now in the rehabilitation arena. I have worked with babies as young as a month old and seniors who want to retain their independence. I have also prepared special education teachers to become certified teachers for the blind and visually impaired. I have mentored new teachers of the blind and O&M Specialists in the field so I could share my teaching experiences and watch them develop their strengths in teaching. I believe I can provide some fresh insight to the CCRTA Board by sharing the experiences of the people and families I have served. As a teacher, a parent, a consultant and someone who believes in teaching all people on how to use alternative means of travel, I feel I can be objective in analyzing goals in a proactive manner to further assist in the development of quality services for CCRTA customers. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r' Yes (- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? � Yes r No Demographics Gender W Female Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes (.- No Does your employer or your spouse's employer have a City contract? r Yes r No A ln%iro I nna-7 Dnrra Z of F. Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter NIA. NA 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) � Yes rNo Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes �- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (if No, enter "N/V) A ln%iro I nno-7 Dano it of P, Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. 1 hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree A lnwndz I nno-7 Dano L� of C, Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree A ln%ir,o I nno-7 Dnno A of A Ms. A. Joyce Lopez is a Certified Orientation & Mobility n: Specialist (COMS&) for the Texas Workforce Commission- Vocational Rehabilitation Division in Corpus Christi, Texas. She received a Bachelor of Science degree in Education from The University of Texas-Austin with specializations in Deficient Vision and Mental Retardation with a minor in Psychology. She returned to The University and received her O&M certification in 1995. Her career in the blindness field spans over 38 years. Ms. Lopez was a teacher for the blind and visually impaired in the McAllen Independent School District for four years and then returned to her native home in Corpus Christi, Texas to take on a new job. She worked for the Education Service Center, Region 2 as a Consultant for the Program for the Visually Impaired for 16 years. She worked with blind and visually impaired students and their assigned educators, administrators, and other professional staff. During her tenure at the ESC-2 she began working part time as a contractor for the legacy agency Texas Commission for the Blind providing Orientation & Mobility training (O&M) to their consumers. The rehabilitation field offered some new changes and challenges for her. Ms. Lopez left her education career and began her rehabilitation career at the legacy agency DARS-Division for Blind Services in August 2006 as one of three O&M Specialists selected to work in the State of Texas. After spending five years in the Rio Grande Valley establishing an O&M program it was time for her to return to her native home by the bay! She continues to work as an Orientation & Mobility Specialist (COMS®) for the Texas Workforce Commission- Vocational Rehabilitation Division in Corpus Christi, Texas. Ms. Lopez has been an advocate in several professional organizations. She holds active memberships in Association for Education and Rehabilitation of the Blind and Visually Impaired, Texas Association for Education and Rehabilitation of the Blind and Visually Impaired, Coastal Bend National Federation for the Blind, Member of the Walk 'N Roll Celebration Team, Team Member to Organize White Cane Day in Corpus Christi/Victoria-Crossroads/Rio Grande Valley, Member of Our Lady of Guadalupe Church. Her longevity motto is my job is not work, but a life adventure every day! Ms. Lopez continues to reside in Corpus Christi, Texas with her Mom and their two cats, Cookie and Lil' Bit. Ms. Lopez can be contacted at ioyce.lopezAtwc.state.tx.us. CITY OF CORPUS CHRISTI Submit Date: Apr 09, 2021 Application for a City Board, Commission, Committee or Corporation Profile Mrs Erica M Maymi Prefix First Name Middle Initial Last Name Email Address 5350 S Staples ST Suite 101 Street Address Suite or Aot Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 5 Current resident of the city? r• Yes r No If yes, how many years? 41 Mobile: (361) 813-9689 Business: (361) 986-1419 Primary Phone Alternate Phone New York Life Insurance Financial Professional Employer Jon Work Address - Street Address and Suite Number 5350 S Staples ST, Suite 101 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78411 KArc Prim AA AAnximi Dino 1 of 9 Work Phone 361-986-1419 Work E-mail address Emaymi@ft.newyorklife.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Are you a registered voter? (.- Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not for the city Education, Professional and/or Community Activity (Present) Degree in Management Degree in Marketing Real Estate License Life& Health Insurance License Property&Casualty Insurance License Investment License Million Dollar Round Table Political Leader for New York Life New York Life's Agents Advisory Council YAT Chair- National Association of Insurance and Financial Advisors Retirement Income Certified Professional Certified Long Term Care Specialist If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Only applies for this one. Why are you interested in serving on a City board, commission or committee? I was born and raised in this beautiful city and I plan to retire in this city. I want to be involved to so that I could contribute to keeping it great. I am a well known positive business owner and I have lots of experience working on boards. I sat on a board for a multi-billion dollar company, New York Life Insurance in New York. During that experience I learned a lot of skills and want to put them to good use in our city. I have sat on many large boards and I am looking for another Opportunity to enhance and support in other ways. 'Joica:; aes;ma AArc Grir�n NA Unwmi Dnrvo 0 of C, Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (-. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r• No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r• No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N,"A. N/A AArc Drirn RA AAnximi Doan 2 of A 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) (.- Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r• Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") work in an industry where 80%of my clients are seniors and many of them are disabled. Many of my clients are in long term care facilities, Adult day cares, or need a form of physical assistance, and use public transportation to get around town. Relationships that I build with my clients are long term and we build lots of trust and communication. Assisting my community by being a voice, representative and an advocate for these individuals is very important to me. I have the skills, resources and courage to assist in finding areas of improvements and work excellent with others to help find solutions. Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (-- Yes r No AArc �rir!a KA KAnximi Dano A of C, Question applies to PLANNING COMIMIISSION,CORPUS CHRISTI B CORPORATION,CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? (.- Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information 1 understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree hArc Grine KA hAnximi Donn F, of CZ Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree KArc Grim AA KAwmi Dino C, of F ERICA M . MAYMI FINANCIAL SERVICES PROFESSIONAL PR OFILE WORK EXPERIENCE Born and raised in Corpus Christi, TX and is currently a leader and role New York Life Insurance Company model in the community. She is July 2006 - Present wife, mother of 3 children and owns Financial Services Professional, I assist clients with planning for multiple extremely successful Retirement, investments and insurance planning. businesses. Erica was elected to the Agents Advisory Council for New Mechell Insurance Professionals York Life and represents 20K agents Owner-Broker countrywide and is representing March 2015 - Present them in New York by working with I assist clients with providing all insurance needs for personal the CEO's and all upper property, business properties and casualties. management. They work together to help improve service, products RAM Investment Properties and customer experiences. She is Owner also a member of the prestigious July 2016 - Present Million Dollar Round Table, the top I own, manage, lease and invest in properties. 1% leaders in the world in Insurance and Financial Services. She is also EDUCATION the Political Involvement Leader for South Texas. The New York Life Associates Degree - Business Management Political Leaders are currently Del Mar College - May 2003 working with government leaders in Washington to improve the Associates Degree - Marketing retirement laws. Del Mar College - May 2005 Securities License CONTACT The American College - May 2009 PHONE: Retirement Income Certified Planner (361) 813-9689 The American College - December 2019 WEBSITE: Certified Long Term Care Specialist ERICAMAYMI.COM The American College -June 2020 EMAIL: AWARDS EMAYMI@FT.NEWYORKLIFE.COM Member of Million Dollar Round Table Since 2012 Chairman's Council, President's Council, Executive Council since 2007 NAIFA and NYLPAC since 2008 NAIFA YAT Chair 2009-2016 Hispanic Women's Network of Texas - 2017 Estrella Career Success, Career Foundation, Life Foundation, Investment, Life Case, Income Annuity Leader, Annuity Elite Gold, Centurion and Life All Star. CITY OF CORPUS CHRISTI Submit Date: May 13, 2020 Application for a City Board, Commission, Committee or Corporation Profile Peter G Melve First Name Middle Initial Last Name Email Address 609 Bradshaw Drive Street Address Corpus Christi TX 78412 City State Postal Code What district do you live in? " W District 4 Current resident of the city? (.- Yes r No If yes, how many years? 45 Home: (361) 903-8591 Home: (361) 249-2218 Pnmarq Phcne Alternate Phone Self Employed Real Estate Investor Employer Joe-1tle Work Address - Street Address and Suite Number 3636 S. Alameda suite B. #109 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78412 Dotor !; KAnkin Dano 1 of Work Phone 361-903-8591 Work E-mail address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Are you a registered voter? (-. Yes (- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Serve on the Board of Directors for Neighborhood Centers Molina Education, Professional and/or Community Activity (Present) Texas A& M Commerce, MBA Texas A & M Corpus Christi, BBA Board of Directors Neighborhood Centers Molina If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Regional Transportation Authority Why are you interested in serving on a City board, commission or committee? I have worked in public, pupil and medical transportation for more than 20 years including as a 14 years with the Regional Transportation Authority as a Bus Driver and a Transportation Supervisor. Jcicad a resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r• No Demographics Gender W Male Dotor r_ AAohio Dnno 7 of r, Code of Ethics- Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) OuesCon 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) r Yes r No Dotor r_ AAohro Dnrua r%f F Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r: No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree Dotor (_ AAnkin Donn it of City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. 1 I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dotor (_ AAolxio Dano r. of C� Peter Melve 609 Bradshaw, Corpus Christi, TX 78412 HM 361-903-8591 Work 210-612-8461 pmelve@wellmed.net Summary Peter Melve has 20 years of experience in public management and safety training in the operation of public buses, school buses, motor coaches and health care transportation. He is a hands-on manager and a proven leader with a Master degree in Business Administration from Texas A & M Commerce, Bachelor Degree in Business Management from A & M Corpus Christi and an Associate Degree in Social Work (enhancing his ability to listen and coach employees). Peter also dedicates his personal time as a member of the Board of Directors for Neighborhood Learning Centers in Corpus Christi,Texas since January 3, 2017. Highlights *operations management *various vehicle maintenance systems -various vehicle tracking software such as Comet Tracker and Versa Trans *results driven -complaint tracking software *payroll software -performance tracking evaluation software *scheduling employees -conflict resolution *employee training and development •Teambuilding -Deadline oriented •Microsoft Office -Exceptional time management skills -Leading large organizations •assisting in the development of monthly safety training in multiple markets including the greater Corpus Christi Metropolitan, Rio Grande Valley and the Dallas Metropolitan areas. Experience Area Operations Supervisor Comfort Care Transportation, July 10, 1017 to present Manage/Supervise the medical transportation fleet including employees and assets in Corpus Christi, Rio Grande Valley and Dallas Metro area. Peter was responsible for overseeing and implementing key metric performance indicators. He is responsible for monthly and annual safety training including conducting and facilitating quarterly meetings. •Responsible for all aspects of staff development to include workflow scheduling, hiring, training, coaching and development -Conducts performance reviews and recommends merit increases, promotions and disciplinary action •Manages all assigned field operations in assigned markets •Oversees the management of employees in multiple markets in support of departmental and company objectives *Works with senior management to ensure operations and relations are efficient and effective •Attends required meetings and participates in committees as requested •Reviews operational problems and policies and implements corrective actions to remedy them •Oversees the fleet functions and resolves conflicting issues across functional areas •Collaborates with outside transportation vendors as needed to fulfill service initiatives •Produces and analyzes operational reports to ensure compliance and operational efficiency •Develops strategies in support of the company's operational goals •Demonstrate teamwork, customer satisfaction skills, and represent the organization's Corporate Standards •Works closely with Transportation Service Center management to ensure optimal operational efficiency Sparkling City Tours, February 2015 to present (part time hobby) Peter operated a motor coach and provided service to customers for all occasions. He has experience transporting passengers throughout Texas and Louisiana. Special Needs Operations Manager, October 2013 to November 2015 Corpus Christi Independent School District- Corpus Christi, TX *Responsible for managing approximately 95 employees including an Assistant Supervisor, 3 Operations Specialists, 40+ Bus Drivers and 55+ Bus Attendants. •Responsible for the assignment of drivers, student attendants and equipment as needed. •Responsible for the recommendation of transfers, retention and dismissal of drivers and attendant. •Responsible for delegating responsibilities and manage personnel and resources to achieve a desired objective. •Responsible for semi-annual and annual evaluation of personnel. *Responsible for receiving calls and able to act on questions and/or complaints regarding routes, drivers or other personnel Director of Transportation, August 2012—September 2013 Sinton Independent School District- Sinton, TX -Enforced safety standards that conform to state, federal/ insurance regulations and developed a program of preventive safety -Developed training options and improvement plans to ensure exemplary operation of transportation department. •Directed repair of all district-owned vehicles and plans for preventive maintenance. -Administered transportation budget and ensured that programs are cost-effective and that funds are managed wisely. -Initiated purchase and bids in accordance with budgetary limitations and district policy. •Recruited, trained, supervised and evaluated all transportation personnel and made sound recommendations about placement, assignments, retention, discipline and dismissal. Transportation Supervisor May 1997 to September 2012 Corpus Christi Regional Transportation Authority- Corpus Christi, TX -Managed bus operators with responsibility for coaching, performance assessments, resolving concerns and/or grievances both for bus operators and customers. Communicated courteously and appropriately with public to provide information and deal calmly and efficiently with emergency situations while maintaining safe and orderly service. -Responsible for initial investigation of accidents, completion of accident reports and managed emergency situations. Prepared all required written reports, records, and other required written documentation in a complete and accurate form and submits on a timely basis. •Dispatched buses, supervisors/police Education MBA: Management 2011 Texas A & M University-Commerce BBA: Management 2008 TX Texas A & M Corpus Christi AS: Social Work Del Mar College- Corpus Christi, TX CITY OF CORPUS CHRISTI Submit Date: Apr 09, 2021 Application for a City Board, Commission, Committee or Corporation Profile Sylvia A Tryon Oliver First Name Middle Initial east Name Email AMress 2814 Rogers Street Street Address Corpus Christi TX 78405 City State Postai�,ode What district do you live in? W District 2 Current resident of the city? (-. Yes (- No If yes, how many years? 20+ Home: (361) 877-3634 Home: (361) 882-6976 P.^mary Phone Alternate Phcne Work Address - Street Address and Suite Number none Work Address - City none Work Address - State none Work Address - Zip Code none Work Phone none Cwhiin 0 Tninn nlixior Dano 1 of Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: yes, TIRZ#2 Education, Professional and/or Community Activity (Present) Some College; Immediate Past President& CEO Corpus Christi Black Chamber of Commerce; several positions at church. Board Member: Nueces County Hospital District, NAACP Why are you interested in serving on a City board, commission or committee? Serving on this board will help expand my knowledge of and participation within the disadvantaged communities, and to help become a part of the solutions Upload-=aesume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Ciihiin A Tninn r)livor Dnno 7 of Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r• No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes rr No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (-. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (.- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Quest on 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) r Yes r No Cvhiin A Tninn n1hior Dano Q of E� Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r• Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") I am a senior citizen (70+), and a Black/African American woman. For decades, I have resided in/and currently reside in a low income and disadvantaged and minority community-which on a very large scale makes up the ridership of our transportation system. I will bring more purposeful insight of the transportation disadvantaged to this board, and will gladly represent this group of people who needs a 'constant voice'to ensure systemic changes and enhanced services. Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree Qxdwin A Tninn (pivot Dfano A of r� City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Qwkiin A Tninn nlixior Dnrro 1; of 1� Ms. Sylvia Ann Tryon-Oliver 2814 Rogers St Corpus Christi, Texas 78405 o Native of Corpus Christi; 4th of 10 children born to Roger and Ola Tryon. Mother of 1 daughter, Rachel Lynn Oliver. o First Year Grad- Foy H. Moody High School in 1968; attended Del Mar College, Corpus Christi State University and Texas A & I University; accredited hours towards Bachelors Degree in Sociology. 0 1983, moved to New Jersey, employed by AT&T Headquarters 0 1998, retired from AT&T, returned to Corpus Christi, TX 0 2002, employed at the City of Corpus Christi-Center Director at the Oveal Williams Senior Center 0 2007, employed at the City of Corpus Christi- Director, RSVP Senior Volunteers Program 0 September 2012, retired from the City of Corpus Christi. o January 2021, retired as President & CEO of the Corpus Christi Black Chamber of Commerce; position held for 17 years. Boards, Community Outreach and Involvement ■ Nueces County Hospital District, Board Vice Chair ■ CC Regional Economic Development Board Member ■ Mayor's Inter-Agency Board Member ■ The Juneteenth Coalition Committee Board Member ■ 2020 Census-Nueces Together, Committee Member ■ LWV, Member ■ Lifelong Member & Secretary, St. Paul United Methodist Church CITY OF CORPUS CHRISTI Submit Date: Apr 09, 2021 Application for a City Board, Commission, Committee or Corporation Profile Lamont C. Taylor First Name Middle Initial Last Name Email Address 522 Hancock Apt 109 Street Address Corpus Christi TX 78404 City State Postal Code What district do you live in? W District 1 Current resident of the city? r Yes (- No If yes, how many years? 50+ Mobile: (361) 739-4686 Mobile: (361) 739-4686 Primary Phcne Alternate Phone L. C.Taylor&Associates CEO E.molover JD-'.tie Work Address - Street Address and Suite Number 522 Hancock Ave Apt 109 Work Address- City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 1 mmnnt I Tnxilnr Dano 1 of E� Work Phone 361 7394686 Work E-mail address Itshadow@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted Interests & Experiences Are you a registered voter? (.- Yes (- No 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) M.A Trinity University, Co Chair Citizens Alliance for Fairness and Progress, and former Vice Chairman Board Member CCRTA, Former Vice Chairperson of Planning Commission Why are you interested in serving on a City board, commission or committee? I know that my experience as former employee(39) years and Board member(4) years will add value to the transportation experience for the City of Corpus Christi and the citizens of this region. Jp,ad a�esu�z Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No mmnnt (- Tnxrinr Dnrin ) of r, Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (-- No Do you, your spouse, your business or your spouse's business have a City contract? Yes (- No Does your employer or your spouse's employer have a City contract? Yes (-. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r.' No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? (- Yes (-- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) I mmnnt r- Twlnr Dano Z of 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) (.- Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged," is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? (-- Yes (- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") My first job with the City of Corpus Christi after graduate school was to develop the Elderly and Handicapped Transportation System. The system was located with Senior Community Services Center Lindale from 1976 - 1980 then the system was combined into City Transit from 1980- 1986,with the creation of the Regional Transportation Authority.who operates the Care B system today, giving me a unique experience with Disability Rights and transportation , I sit on MHID foundation Board and as a member of the CBCIL( Coastal Bend Center for Independent Living ) . My unique experience having insight with Urban and Rural Transportation, experience with disability rights groups, and being a stage IV cancer survivor gives me an insight that 95%of the applicants would not possess. Thank you for your consideration Verification I mmnnt r' Towirw Dano A of City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree mmnnt (' Tn%ilnr Dano 1� of C� Lamont C. Taylor HIGHLIGHTS OF QUALIFICATIONS • 39 years of Transportation Experience • 25 years successful human resources experience • A born leader; effectively handled position of major responsibility on a continuous path of professional advancement • Results-driven achiever with exemplary planning and organizational skills, along with a high degree of detail orientation • Fast learner with a wide range of practical skills • Special talent for relating well with all types of people • Exceptional listener and communicator who effectively conveys information verbally and in writing • Effective in public speaking and media presentations • Skill in dealing with sensitive populations in a professional and concerned manner • Flexible team player that thrives in environments requiring ability to effectively prioritize and juggle multiple concurrent projects • A decision maker; resourceful and works well independently or as a cooperative team player • Highly motivated self-starter who takes initiative with minimum supervision • Extensive knowledge of the Corpus Christi community • Computer-literate performer with extensive software proficiency covering wide variety of applications PROFESSIONAL EXPERIENCE • Ensure Compliance with all aspects of DOT commitments. • Assure all Grants 5307,5309 DOJ, HUD and Homeland Security are properly assigned and compliance via the FTA team system . • Assure the integrity of the RTA Procurement process and the FTA 4220.1e procurement process. ■ Project Leader for ADA Title I, and Title II initiatives • Investigate employment practices and alleged violations of laws, in order to document and correct discriminatory factors. • Interpret civil rights laws and equal opportunity regulations for individuals and employers. • Study equal opportunity complaints in order to clarify issues. • Meet with persons involved in equal opportunity complaints in order to verify case information, and to arbitrate and settle disputes. • Coordinate, monitor, and revise complaint procedures to ensure timely processing and review of complaints. • Prepare reports of selection, survey, and other statistics, and recommendations for corrective action. • Conduct surveys and evaluate findings in order to determine if systematic discrimination exists. • Develop guidelines for non-discriminatory employment practices, and monitor their implementation and impact. • Review Company contracts to determine actions required to meet governmental equal opportunity provisions. • Counsel newly hired members of minority and disadvantaged groups, informing them about details of civil rights laws. • Instrumental in the Transit Reauthorization to insure DBE's have a place at the Transit Table. • Co-Authored Texas Unified Certification Program—RTA has a permanent seat on the TUCP coordinating council. • Successful in submitting and approval of two Triennial,Affirmative Action Plans, and Title VI Plans for the Regional Transportation Authority. • Extensive work in Human Resources • Extensive work in Compliance • Extensive work in Contract Compliance • TCRP Ambassador • TRB contributor • APTA Committee member Minority Affairs, (now DBE Sub committee under the Procurement) Diversity subcommittee representative,Access subcommittee, and finally Human Resources Sub committee ■ Planned Transportation Services for Elderly and Disabled Passengers ■ Developed Transition Plan for Care B services ■ Developed and trained personnel on requirements prior to and after ADA for fixed route services EMLOYMENT HISTORY—Corpus Christi Regional Transportation Authority 5 years Director/Business Development&Compliance 20 years DBE/EEO Officer 10 years Director of Elderly& Handicapped Transportation EDUCATION B.A. Business Administration and Computer Science—Huston-Tillotson College,Austin, TX (summa cum laude) M.A. Urban Studies—Trinity University, San Antonio, TX Graduate—Leadership Corpus Christi, Class XIV CTM (Competent Toastmaster) —Toastmasters International Certification MCA Certification, Master Compliance Administrator,American Contract Compliance Association. PROFESSIONAL AND COMMUNITY ASSOCIATIONS Board Member Citizens Alliance for Fairness and Progress Co Chair Corpus Christi Regional Transportation Authority 2011 to 2015 Leadership Corpus Christi Class XIV Nueces County MHMR foundation Board Member Toastmasters International— Corpus Christi Black Chamber of Commerce—Executive Board Member, Past President City of Corpus Christi Little League—Basketball Coach Hillcrest Neighborhood Association —Vice President City of Corpus Christi Planning Commission Past Chairperson Founding Member TUCP(Texas Uniformed Certification Program CITY OF CORPUS CHRISTI Submit Date:Aug 31, 2020 Application for a City Board, Commission, Committee or Corporation Profile Mrs Lynn A Valley Prefix First Name PAiddle Initial Last Name Email Address 9573 leopard dr #208 Street Address Suite or Apt Corpus Christi TX 78410 City State Postal Code What district do you live in? W District 1 Current resident of the city? (-. Yes (- No If yes, how many years? 40 Mobile: (361) 336-9271 Home: (361) 683-6170 Primary Ptcne Alternate Phen,e Work Address - Street Address and Suite Number n/a Work E-mail address none Preferred Mailing Address W Home/Primary Address AArc I xinn A \/nIloxi Dano 1 of r� Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted COMMITTEE FOR PERSONS WITH DISABILITIES: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted ETHICS COMMISSION: Submitted HUMAN RELATIONS COMMISSION: Submitted CORPUS CHRISTI B CORPORATION: Submitted Interests & Experiences Are you a registered voter? r• Yes r No 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) GED Why are you interested in serving on a City board, commission or committee? Have lived here 35 yrs,the city has always been therer for me. Would like to start beimg there for it. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r• No Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest KArc I xinn 0 Wnlhnxi Dnno of Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r• No Does your employer or your spouse's employer have a City contract? r Yes ( No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes (.- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (-. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? " W None of the above (,es,,lonapples to CORPUS CHRISTI PEGIONAL 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) (-. Yes r No KArc I %inn 0 \/nIloxi Dano '2 of q Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r• Yes (- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "NIA") Queston applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? " W Business of Renting of Dwellings Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? s: Yes r No Queston applies to PLANNING CCMMISSION,CORPUS CHRISTI B CORPORATION CORPUS CHRISTI BUSINESS AND JOE DEVELOPMENT CORPORATION Are you a registered voter? (-. Yes (- No Verification KArc I xinn 0 Wolliaw Dano A of 1; City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which 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. W I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which 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. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. 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 Texas Public Information Act. W I Agree Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree hArc I %inn 0 \/Noxi Dano of City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,April 20,2021 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:40 a.m. B. Invocation to be given by Deacon Michael Mantz, Corpus Christi Cathedral. Deacon Michael Mantz, Corpus Christi Cathedral, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by America Briones, Mary Carroll High School. America Briones, Moody High School student, led the Pledge of Allegiance to the Flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Present: 8- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina, and Council Member Mike Pusley Absent: 1 - Council Member Greg Smith E. Proclamations /Commendations Mayor Guajardo announced that the following proclamation was presented: Earth Day on April 22,2021. Mayor Guajardo acknowledged the City Secretary's Office and City Hall's staff for Administrative Professionals Day. F. PUBLIC COMMENT Mayor Guajardo referred to comments from the public. The following citizens called in regarding the following topics: (health conditions)Jesus Mendoza,2202 East 28th St; (Seawall vendor location) City of Corpus Christi Page 1 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 Richard Pachuta,2226 Diamond Dr.; and (return to in-person public comment and update on North Beach)Carrie Meyer,4401 Gulfbreeze Blvd. The following citizen submitted a written public comment which is attached to the Minutes: Richard Pachuta,2226 Diamond Dr. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's Comments. a. Update on North Beach Development and City Funded Infrastructure Improvements City Manager Peter Zanoni reported on the following topics: 1) North Beach drainage study. 2)TxDOT's drainage improvements at the 181 turnaround. 3) Lighthouse Pointe. 4) Bathroom on North Beach. 5) Update on Texas State Aquarium. Council Member Lerma thanked City Manager Zanoni and his staff for their time and efforts in getting this project moving forward;thanked North Beach Developer Lynn Frazier for his monetary contribution to this project; and thanked Carrie Meyer for her persistence in helping move this project forward, and for her representation of homeowners on North Beach and the community association. President and CEO of Texas State Aquarium Tom Schmidt presented information on the following topics: wildlife conservation; media coverage; 2021 marketing campaign;spring break 2021 update; center for wildlife rescue; recovery and research; and exhibit programming. Council Members, City Manager Zanoni and Mr. Schmidt discussed the following topics: the Wildlife Rescue Center has raised a little over$12 million; and North Beach Developer Lynn Frazier is responsible for maintaining the Lighthouse. H. BOARD &COMMITTEE APPOINTMENTS: 1. Corpus Christi Convention & Visitors Bureau (1 vacancy) Mayor Guajardo referred to Item 1. Corpus Christi Convention &Visitors Bureau Mayor Guajardo nominated Sara Sells Morgan (At-Large). Council Member Hernandez nominated Steve Banta(At-Large). Council Members Lerma, Molina, Hernandez and Hunter voted for Steve Banta. Council Members Martinez, Pusley, Barrera and Mayor Guajardo voted for Sara Sells Morgan. Due to a tie, Council Member Pusley made a motion to table the Board appointment to the next meeting,seconded by Council Member Lerma and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: City of Corpus Christi Paye 2 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 J. CONSENT AGENDA: (ITEMS 2 - 18) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Item 14 be pulled for individual consideration. A motion was made by Council Member Lerma, seconded by Council Member Pusley to approve the Consent Agenda with the exception of Item 14. The motion carried by the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 2. Approval of the Minutes of the Regular Meeting of April 13, 2021. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 3. Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for overtime for four sworn officers and lease payments on four vehicles for the FY 2021 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032408 4. Ordinance authorizing acceptance of a grant from the State of Texas, Department of Transportation for the FY 2021 Click It or Ticket Program for the Corpus Christi Police Department in an amount of$8,950.00 with a City cash match of$2,416.80 for overtime and fringe benefits with funding available from the General Fund; and appropriating $8,950.00 in the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032409 5. Ordinance authorizing an amendment to the Wastewater Lift Station Construction and Reimbursement Agreement with Peterson Properties, Ltd. to construct the Wastewater Lift Station for the Greenwood Service Area 5 and according to the Wastewater Master Plan approved on July 6, 2020 and located at the intersection of Westpoint Rd and S Padre Island City of Corpus Christi Page 3 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 Drive (Highway 358 FWY); and appropriating $44,057.00 from the Wastewater Trunk System Trust Fund to reimburse developer. (District 3) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032410 6. Ordinance abandoning and vacating a 15-foot wide by approximately 483 feet in length (7,239.7 sq. ft.) existing utility easement out of Lot 3, Block 1, South Texas Bone and Joint Medical Plaza Unit 1, located South of Holly Road and West of Cross-Town Expressway (TX 286). (District 3) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032411 Consent- Contracts and Procurement 7. Resolution authorizing the purchase of a refurbished, replacement robot vehicle for the Corpus Christi Police Department's Bomb Squad, with Remotec Inc., Subsidiary of Northrop Grumman of Clinton, Tennessee, for a total amount of$115,000.00 funding available through the Fire Grants Fund. This Resolution was passed on the consent agenda. Enactment No: 032412 8. Motion authorizing a three-year service agreement with Hub City Overhead Door Company, Inc., of Corpus Christi, Texas, for a total amount not to exceed $255,600.00 for overhead door repair and maintenance for the Corpus Christi Fire Department (CCFD), effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of$46,008.00 available through the General Fund. This Motion was passed on the consent agenda. Enactment No: M2021-082 9. Motion authorizing a five-year supply agreement in the amount not to exceed $1,750,000 with Baker& Taylor, LLC., Charlotte, North Carolina for library books, audio and visual recordings, downloadable digital content, and processing services, with FY 2021 funding in the amount of $145,830.00 available from the General fund. This Motion was passed on the consent agenda. Enactment No: M2021-083 10. Motion authorizing the lease-purchase, via JP Morgan, of one additional Mack LR64 Refuse Truck from Grande Ford Truck Sales, Inc, dba Grande Truck Center, of San Antonio, Texas for a total amount of City of Corpus Christi Page 4 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 $348,568.25 to be used by Solid Waste in support of the department's new inspection and education program to address contamination in recycling waste, effective upon issuance of the letter of acceptance with FY 2021 funding in the amount of$29,047.35 available through the General Fund. This Motion was passed on the consent agenda. Enactment No: M2021-084 11. Motion authorizing a five-year service agreement for on-call emergency spill response and remediation services for an estimated amount of $140,650.00 with Miller Environmental Services, LLC, of Corpus Christi, Texas. This Motion was passed on the consent agenda. Enactment No: M2021-085 12. Motion authorizing a one-year service agreement with Great South Texas Corp, dba Computer Solutions of San Antonio, Texas, in an amount of $74,940.49 for the maintenance renewal for CISCO SmartNet for the Information Technology Department, effective upon issuance of a notice to proceed with FY 2021 funding available in the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2021-086 13. Motion authorizing the replacement purchase of one 2020 Gradall XL3100 wheeled excavator from Waukesha-Pearce Industries, Inc. of Corpus Christi, Texas for a total amount of$364,233.05, which will be used in the maintenance and repairs of City streets by the Department of Public Works, with FY 2021 funding available and included in the Vehicle and Equipment Replacement Fund. This Motion was passed on the consent agenda. Enactment No: M2021-087 Consent- Capital Projects 14. Motion awarding a Master Services Agreement to Garver, LLC, Corpus Christi, Texas, for planning, architectural, and professional engineering services for the Corpus Christi International Airport, in an amount not to exceed $7,500,000.00 for a five-year term, with FY 2021 funding available from grant funding and the Aviation Capital Fund. City of Corpus Christi Page 5 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 Mayor Guajardo referred to Item 14. Director of Aviation Kevin Smith presented information on the following topics: solicitation process; previous Garver projects; upcoming projects; and Garver's experience. Council Members, City Manager Peter Zanoni, City Attorney Miles Risley, Director Smith and Director of Engineering Jeff Edmonds discussed the following topics: a Council Member's concern regarding"not to exceed amounts";the project is being paid for with aviation funds, coupled with Federal Aviation Administration (FAA) grant funds, not bond funds; dollars not spent out of the budgeted $7.5 million will stay in the airport fund; the City's goal is to avoid exceeding the dollar amount; and a Council Member's concern of not being informed about how much money is leftover once a project is complete. Council Member Pusley made a motion to approve the motion,seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 Enactment No: M2021-088 General Consent Items 15. Resolution authorizing the submission of six grant applications to the Public Safety Office - Homeland Security Grants Division for the Homeland Security Grant Program to prevent terrorism and other catastrophic events for various functions of public safety, such as bomb squad detection, SWAT team improvement, firefighter protection, and hazmat response enhancements, in an amount of$698,797.42. This Resolution was passed on the consent agenda. Enactment No: 032413 16. Motion to authorize a one-year service agreement for Broker of Record Services for Insurance for $100,000.00 per year, with Acrisure LLC dba Carlisle Insurance of Corpus Christi, Texas, with a right to renew for up to four additional years totaling up to $500,000.00, effective upon issuance of a notice to proceed, with FY 2021 funding up to $33,500.00 available through the Liability/Employee Benefits & Workers' Compensation Fund. This Motion was passed on the consent agenda. Enactment No: M2021-089 City of Corpus Christi Page 6 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 17. Resolution authorizing renewal of property insurance, including All Risk, Flood, Named Storm, Wind/Hail, Earthquake, and Equipment Breakdown insurance, through Carlisle Insurance Agency, Broker of Record, for upcoming policy year (May 5, 2021 - May 4, 2022) in exchange for annual premium of$3,526,444. This Resolution was passed on the consent agenda. Enactment No: 032414 18. Resolution authorizing outside city limits water contract with Ruben Perez and Belinda Perez to provide public water to their property located outside the city limits described as Lots 1 and 2, Block 1, EI Caballo Subdivision, also commonly known by its street addresses as 7241 Old Brownsville Rd (FM 665) and 7273 Old Brownsville Rd (FM 665), located nearest City Council District 3, under Corpus Christi Code Section 55-113. This Resolution was passed on the consent agenda. Enactment No: 032415 K. LEGISLATIVE UPDATE: Mayor Guajardo referred to the Legislative Update. Director of Intergovernmental Relations Tammy Embrey gave an update on actions that have taken place at the State Capitol: Bills SB 10 and SB 23 passed in the senate last week;the Coastal Bend to Austin Day is April 21, 2021; Chief Robert Rocha will be at the Capitol on April 21,2021 to testify in support of a Bill regarding fire protection commission; and Council Member Barrera is at the State Capitol today,April 20,2021, testifying in opposition to HB 4640. Executive Officer of Coastal Bend Home Builders Association Wendy Herman spoke in opposition to SB 2186 and HB 4640. There were no questions from the Council. L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEM 19) 19. Second Public Hearing to discuss the annexation of London Pirate Road (formerly County Road 33), being approximately 3.733 acres of land from FM 43 (Weber Road) to the North approximately 1.027 miles, with the City of Corpus Christi currently having an area of 489 sq. miles. Mayor Guajardo referred to Item 19. Director of Planning Daniel McGinn stated that this is the second public hearing to discuss the annexation of London Pirate Road. Action will be taken City of Corpus Christi Paye 7 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 on May 11th and 18th. Council Members and Director of Public Works Richard Martinez discussed the following topics: due to the poor condition of the road,staff's proposal is to add six inches of millings and repaving; and a Council Member's concern that the road is unsafe to drop off and pick up kids at the nearby elementary school. Mayor Guajardo opened the public hearing. No written public comments were submitted. Mayor Guajardo closed the public hearing. No action was required. N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 22) 20. Resolution authorizing a six-year service agreement with Infor US, Inc., of New York, New York in an amount of$5,962,498.33 for Infor license subscriptions and $1,041,616.27 for one time implementation cost for a total of$7,004,114.60, effective upon issuance of a notice to proceed, with FY 2021 funding in an amount of$178,821.92 for prorated Infor license subscriptions and $1,041,616.27 for one time implementation costs available through the Information Technology Fund. Mayor Guajardo referred to Item 20. There were no comments from the Council. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Lerma. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 Enactment No: 032416 21. Motion awarding a construction contract to JE Construction Services, Corpus Christi, Texas, for the Residential Street Rebuild Program: Re-Bid Base Bid A in an amount of$6,144,164.90, for 15 streets located in Council Districts 1, 3, and 4, with FY 2021 funding available from the Residential Street Reconstruction, Storm Water, Wastewater, Water and Gas Capital Funds. Mayor Guajardo referred to Item 21. Director of Engineering Jeff Edmonds stated that staff recommends awarding a construction contract to JE Construction Services as a low bidder. There were no comments from the Council. City of Corpus Christi Paye 8 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 Council Member Pusley made a motion to approve the motion,seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 Enactment No: M2021-090 22. Resolution authorizing park improvement agreement for Rancho Vista Subdivision with Yorktown Oso Joint Venture and Braselton Development Company, Ltd. to develop and gift 1.268 acres of parkland to the City and authorize an agreement with the Rancho Vista Owner's Association to allow for the owner's association to maintain the new parks. Mayor Guajardo referred to Item 22. Interim Director of Parks and Recreation Sarah Munoz presented information on the following topics: assessment; Rancho Vista Park; and staff recommends approval. A Council Member requested that a policy be put in place for future development and removal of sidewalks. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Lerma. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 Enactment No: 032417 O. FIRST READING ORDINANCES: (ITEMS 23 -26) 23. Ordinance accepting $22,816.97 from the State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. Mayor Guajardo referred to Item 23. There were no comments from the Council. City of Corpus Christi Paye 9 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 24. Ordinance rejecting the apparent low bid of WLE, LLC. due to refusal to perform on a previous mowing contract providing similar services and authorizing a three-year service agreement for mowing and grounds maintenance of Stormwater Mowing Group 5B for an estimated amount of$73,740.00 with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for the Department of Public Works, with FY 2021 funding in an amount not to exceed $10,242.00 available through the Stormwater Fund. Mayor Guajardo referred to Item 24. There were no comments from the Council. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 25. Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. Mayor Guajardo referred to Item 25. Director of Engineering Jeff Edmonds presented information on the following topics: background; and problems. Assistant City Attorney Janet Whitehead stated that the purpose of the ordinance is to address utility conflicts that have delayed construction and design of the right-of-way projects; and the department consolidated the ordinance into Section 49-111 of the City code to make it easier to prosecute and to put the utility owners on notice. Council Members and Assistant City Attorney Whitehead discussed the City of Corpus Christi Page 10 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 following topics: private utility owners have 45 days to submit a schedule showing they are going to relocate; and cause for delays of relocation could be due to extreme weather conditions, availability of materials or impact to the users. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 26. Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to continue using the 2020 Winter Quarter Average (calculated from December 2019 - February 2020) for wastewater charges from May 2021 through April 2022. Mayor Guajardo referred to Item 26. City Manager Peter Zanoni stated that the purpose of this item is to continue using the 2020 Winter Quarter Average (calculated from December 2019 to February 2020)for wastewater charges from May 2021 through April 2022. There were no comments from the Council. Council Member Hunter made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina and Council Member Pusley Absent: 1 - Council Member Smith Abstained: 0 P. BRIEFINGS: (ITEM 27) 27. Update on Amended City Council Policy 28: Award Guidelines for Arterial and Collector Streets with Concrete or Asphalt Pavement Mayor Guajardo referred to Item 27. Director of Public Works Richard Martinez presented information on the following topics: background; background continued; analysis performed; non-expansive soils; expansive(clay)soils; City of Corpus Christi soil types; additional key items; and final recommendations. Council Members, Director Martinez and City Manager Peter Zanoni discussed City of Corpus Christi Page 11 Printed on 4/23/2021 City Council Meeting Minutes April 20,2021 the following topics: the next update will be presented in six months; historically, the City's asphalt streets have not been properly maintained; asphalt streets can last 40 years with proper maintenance;the City is working on updating the design standard manual policy; a Council Member's request to factor in storm water costs into the streets maintenance; concrete is more forgiving when it comes to maintenance, but is more expensive to replace; there is a$1 million budget in the maintenance program for concrete streets; the importance of keeping businesses open in the process of reconstructing streets; and a Council Member's request to consider overnight construction work. Q. EXECUTIVE SESSION: NONE R. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 2:08 p.m. City of Corpus Christi Page 12 Printed on 4/23/2021 Sarah Brunkenhoefer From: CitySecretary Sent: Wednesday, April 14, 2021 12:12 PM To: Rebecca Huerta Cc: Sarah Brunkenhoefer; Norma Duran Subject: FW: [EXTERNAL]Call Back: 04-20-2021 - Jesus Mendoza FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Wednesday, April 14, 202112:06 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Call Back: 04-20-2021-Jesus Mendoza I I WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] 1 a Replies to this message will go to returns@jotform.com. if you are unsure this is correct please contact the Helpdesk at 826-3766. Request for Call Back Form Date of meeting 04-20-2021 Name Jesus Mendoza Phone number for call (956) 583-7012 back Address Street Address: 2202 East 28th Street City: Mission State/ Province:Texas Postal/Zip Code: 78574 Topic Health Condition Agenda Item Number N/A 1 REQUEST FOR CALL BACK FORM City of Corpus Christi Enter either "City Council" or the name of the City Board: "City Council" DATE OF MEETING (mm/dd/yy): 04/20/20 NAME: Richard Pachuta ADDRESS: 2226 Diamond Dr CITY: Corpus Christi STATE: TX ZIP: 78414 TOPIC: Seawall Vendor Location AGENDA ITEM NUMBER (if applicable): TELEPHONE NUMBER FOR CALL BACK: 361-244-2541 Norma Duran From: JotForm <noreply@jotform.com> Sent: Monday, April 19, 2021 9:05 PM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Call Back: 04-20-2021 - Carrie Meyer [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@jotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. 0 Date of meeting 04-20-2021 Name Carrie Meyer Phone number for call (361) 442-0628 back Address Street Address:4401 GULFBREEZE BLVD City: CORPUS CHRISTI State/ Province:TX Postal/Zip Code: 78402 Topic Return to in-person public comment- Let the people speak Agenda Item Number general public comment (. 0-- Provide an email to receive a copy of your thirdcoastphoto@gmail.com submission. i Sarah Brunkenhoefer From: CitySecretary Sent: Monday, April 19, 2021 1:54 PM To: Rebecca Huerta Cc: Norma Duran; Sarah Brunkenhoefer Subject: FW: Public Input: 04-20-2021 - Richard Pachuta FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent: Monday, April 19, 20211:48 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 04-20-2021 - Richard Pachuta [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] rns otform.com. If you are unsure this is correct please contact the elpdesk'at 826-3766. Public Comment& Input Form Date of Meeting 04-20-2021 Name Richard Pachuta Address Street Address: 2226 DIAMOND DR City: CORPUS CHRISTI State/ Province: TEXAS Postal/Zip Code: 78414 Topic SEAWALL VENDOR LOCATION Agenda Item Number N/A Describe Feedback: Snowie has been operating on the seawall since 2000. We pay all permits/insurances in full yearly as required. Historically 18 years we paid the Marina our fees. For the past two years we've paid to Parks and Recreation and issued permit listed location as Seawall#1 in 6 month terms as they will only accept 6 month terms. Been told we are grandfathered at the location. Operations as normal until receiving 1 email evening of 4/1 advising we were no longer to set up operations on the sidewalk but would have to move to the street.Was advised the change in city management "they don't want the sidewalk blocked". In 21 years we have never had a complaint from anyone being on the sidewalk passers by on surrey's, pedestrians passing by. We are a destination for many visitors and hear daily "Oh I'm so glad your still here". Daily we answer numerous visitor questions,give directions, and provide a memorable stop to downtown.This is our livelihood and request to return our original location. Uploads: CTYSEC-request-for callback-form.pdf IMG 0640.Ipg IMG 1855.*Pg Snowie Permit#0321-5911 (1).pdf Provide an email to receive a copy of your rtpachuta@gmail.com submission. z ;�� � __ �, - -- - � .. o l ,�: t � . ,�.. y'� 4 -w� ,� T .a+� � .�,- - r 1 a __ 1 '�, '' -- `.. Y ' �4_ �.i'9r " � — .- .. _, � � -- � �:_. �,� — — � �. �.. � '�� i� v�� � �s �� �' �, <_yp ,�` ��• ,x �, is r I r , . ttff _� Ja i FIXED PERMIT CHR STI - PARKS& RECREATION Permit Number: - 0321 -5911 Type of Permit: Vendor Permit Holder: S N OW I E TX Authorized Representatives: Richard Pachuta #047 Location of Business: SEAWALL #1 Types of Goods/Services Offered for Sale or Rental: sno-cones, chips, drinks Effective: March 1, 2021 to August 31, 2021 Issued by: Sandra Flores, Parks & Recreation Issued Date: March 1, 2021 City of Corpus Christi, Parks & Recreation Department P.O. Box 9277, Corpus Christi, Texas 78469-9277 For more information on vending, please call 361-826-3469 www.cctexas.com/departments/parks-recreation-department ,SUS G� 011 h AGENDA MEMORANDUM CORPOR I First Reading Ordinance for the City Council Meeting of April 20, 2021 1852 Second Reading Ordinance for the City Council Meeting of April 27, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(o-)-cctexas.com 886-2603 Acceptance of funds from the State of Texas Law Enforcement Standards and Education account CAPTION: Ordinance accepting $22,816.97 from the State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. SUMMARY: The State of Texas provides an annual allocation for training of police personnel to retain their required accreditation hours as well as any type of training equipment the department may need to enhance training. The funds must be appropriated annually when the funding is received. BACKGROUND AND FINDINGS: The funds are received from the State as directed by the Texas Occupations Code, Section 1701.157, as an annual allocation from the Law Enforcement Officer Standards and Education account. The funds are to be used by qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and civilian support personnel and any training equipment. The amount of funds received depends on the number of sworn personnel that Corpus Christi Policy Department (CCPD) has as of January 1 of each year. CCPD has been receiving the funds since 2002 with last year's amount $25,409.75. ALTERNATIVES: The alternative is to not accept the funds and offer less training to officers and civilian personnel. FISCAL IMPACT: The fiscal impact for FY 2021 is the acceptance of funds in the amount of $22,816.97 and appropriating the $22,816.97 to the Police Grants Fund. Funding Detail: Fund: 1074 Police Grants Fund Organization/Activity: 826200L Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): N/A Account: 547012 Amount: $22,816.97 RECOMMENDATION: Staff recommends approving the ordinance and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter—Available upon request Ordinance accepting $22,816.97 from the State of Texas - Law Enforcement Officer Standards and Education Account; and appropriating $22,816.97 for FY 2021 in the Police Grants Fund for training of sworn and civilian personnel. 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 funds from the State of Texas - Law Enforcement Officer Standards and Education Account in the amount of $22,816.97. SECTION 2. That $22,816.97 is appropriated in the No. 1074 Police Grants Fund for training of police personnel and purchase of training equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca L. Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A v WoRPORP�g4 AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting April 20, 2021 Second Reading Ordinance for the City Council Meeting April 27, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)-cctexas.com (361) 826-3419 Josh Chronley, Interim Assistant Director of Contracts and Procurement Joshc2(a-)cctexas.com (361) 826-3169 Mowing Services for Stormwater Group 5B CAPTION: Ordinance rejecting the apparent low bid of WLE, LLC. due to refusal to perform on a previous mowing contract providing similar services and authorizing a three-year service agreement for mowing and grounds maintenance of Stormwater Mowing Group 5B for an estimated amount of $73,740.00 with Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas for the Department of Public Works, with FY 2021 funding in an amount not to exceed $10,242.00 available through the Stormwater Fund. SUMMARY: This ordinance authorizes a three-year service agreement for the mowing and grounds maintenance of Stormwater Group 5B. These services are necessary to maintain aesthetics in and around the high traffic areas that are highly visible and must always be presentable. BACKGROUND AND FINDINGS: Mowing and grounds maintenance ensures that street rights-of-way sites are clean, well- maintained, and presentable at all times. This contract is to maintain rights-of-way and stormwater drainage ditches that comprise Group 5B, which consists of six citywide locations with a total area of 18.68 acres per cycle. The contract stipulates a total of 20 mowing cycles be completed per annuum, or a total of 373.60 acres to be mowed per annuum. The detail of the tracts included in Group 5B are listed in Table 1. Table 1. Stormwater Mowing Group 513 site detail. Department of Public Works SWO Vegetation Management Division Mowing Services for Stormwater Street Right of Ways for Group 513 Locations and Acreage MOWING GROUP R.O.W. STRIP MOWING CONTRACT(IMPROVED) TO DATE AcreageID Area Location G513-1 Flour Bluff Flour Bluff @ SPID - From Ramp to Ramp along 2.70 Exchange access road G513-2 SPID 1 Airline to Oso turnaround, both sides of SPID 5.27 G513-3 SPID 2 Flour Bluff to turnaround @ Cayo Del Oso 1.32 G513-4 Rodd Field Road SPID to Saratoga, including medians @ Saratoga 8.86 G513-5 Braeswood Median Braeswood at Williams 0.10 G513-6 Nile Median Nile at SPID 0.43 TOTAL ACRES 18.68 The previous contract for Stormwater Mowing Group 5B was for the same three-year term and conditions for a total cost of$81,660.00 for 20 annual mowing cycles. Therefore, the department is realizing savings in the amount of$7,920.00 over the term of the contract as compared to the previous contract. The lowest bidder for Stormwater Mowing Group 5B solicitation was WLE, LLC.; however, they are not recommended to be awarded this contract due to past performance issues with this firm. In August 2020, WLE, LLC. was awarded a stormwater mowing contract which included tracts of right-of-way and stormwater ditches located in the North Beach area. When the contractor arrived on site, they called the City's Contract Funds Administrator regarding the mowing contracts in Vegetation Management. In response, City staff drove out to the site at North Beach to meet with WLE, LLC. in person. WLE, LLC. told staff that they bid way too low for the amount of work that was needed to complete the job to contract specifications. Further WLE, LLC. informed City staff that they were not going to acquire the needed equipment and that they would not be fulfilling the terms of this contract. Upon the notice to proceed notification, WLE, LLC. refused to perform the work specified in their contract and subsequently was terminated on the grounds of non- performance. In view of their non-performance under the aforementioned contractual agreement to provide similar services, WLE, LLC.'s bid for Stormwater Mowing Group 5B was deemed as non- responsible and rejected. The contract is recommended to be awarded to the next lowest bidder, Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, TX. The difference between the bids received for WLE, LLC. and Tony's Lawn Service for Stormwater Mowing Group 5B was $2,313.20. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid (RFB) process to obtain bids for new long-term mowing and grounds maintenance contracts. Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, Texas, was selected for the Stormwater Mowing Group 5B contract in January 2021 under RFB 2643. Eleven bids were received, and the contract is being awarded to the second lowest bidder. The lowest apparent bidder, WLE, LLC., was rejected and deemed as non-responsible due to performance issues on previously awarded mowing contracts of a similar nature and scope with the City. This award will add an additional 373.60 acres to the existing 1,255.36 acres Tony's Lawn Service is under contract to mow annually for the Stormwater's Vegetation Management Division. The difference between the bids received for WLE, LLC. and Tony's Lawn Service for Stormwater Mowing Group 5B was $2,313.20. In August 2020, WLE, LLC. was awarded a stormwater mowing contract which included tracts of right-of-way and stormwater ditches located in the North Beach area. When the contractor arrived on site, they called the City's Contract Funds Administrator regarding the mowing contracts in Vegetation Management. In response, City staff drove out to the site at North Beach to meet with WLE, LLC. in person. WLE, LLC. told staff that they bid way too low for the amount of work that was needed to complete the job to contract specifications. Further WLE, LLC. informed City staff that they were not going to acquire the needed equipment and that they would not be fulfilling the terms of this contract. Upon the notice to proceed notification, WLE, LLC. refused to perform the work specified in their contract and subsequently was terminated on the grounds of non- performance. Contracts and Procurement recommends awarding this contract to the lowest responsive, responsible bidder, Juan Antonio Galnarez, dba Tony's Lawn Service of Rockport, TX. ALTERNATIVES: The alternative is to hire City staff and purchase additional equipment to do the work in-house. Currently, Public Works does not have the appropriate staffing levels nor the equipment necessary to provide service to these areas. FISCAL IMPACT: The FY 2021 fiscal impact to the Stormwater Fund is an amount not to exceed $10,242.00, with the remaining balance totaling $63,498.00 contingent upon City Council's approval of future fiscal years' annual operating budgets. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 SWO Vegetation Management Mission Element: 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance Amount: $10,242.00 RECOMMENDATION: Staff recommends approval of this ordinance authorizing a three-year service agreement with Juan Antonio Galnarez, dba Tony's Lawn Service for Stormwater Mowing Group 513, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Bid Tabulation Service Agreement Presentation Department of Public Works Group 5B Mowing Contract Award Council Presentation � April 20, 2021 • Flour Bluff Exchange 2.70 Acres • • SPI D 1 5.27 Acres • SPI D 2 1.32 Acres • Rodd Field Rd. 8.86 Acres • Braeswood Median 0.10 Acres • Nile Median 0.43 Acres Total 18.68 Acres Department of - Public Works Flour Bluff Exchange — 2 . 70 Acres AM �x opus Cy Department 1Y8 of p/ r Public „3s to Oso Turnaround both Sides 14, Spro is Farrrmers-Markel � b l��f mpu� a y -- --�•QutONatlOn Nonda{ ,� , � � '�'qtl� —.-- .� `s:Home..� -XD acid IMAX �. =•-1�” _..� -H� �,'�-u.da; -;, �. - _ �� �• A artment Homes �`�' �` pen Hei ht �I� '� t ° Cor us Chri v. t�1 k II opus Cy Department 4O�pU5 Cy4 of i Y X Y J A�y.,Flu n a ti yPublic Wks o J _ N aesi +eZ Flour • Tur naround at Cayo Del Oso — 1.32 Acres FC s d n� w Cpe WISH � � �er�, ,•.. o 4 UY� � S IP.adfe 4sland Dr BaY'Club • _ .. ^� _ ea a ^o� s Padre � �� • - .K' R t _ .t ° � .. Murphy Expess.�'` �_ t � _. n. . . .�.+ •}.f L-uthera n_C hurcH opus Cy Department 1Y8 of p/ r Public „3s R • • • Field R • . • 8 . 86 Acres NOW- 777, y m 1 re �, Cascade Carwash • - Credh i e �aOM }fr opus Cy Department • • -- J tir,F��S�fi�l�y Public Works r85� • % Braeswood Median - 0. 10 acres IL �BS1 g a 8racswood.D raeswoo r Brae wood'p ""��`� ���" opus Cy Department _ _ 4O�pU5 Cy4 v0 ✓.,nk'r ?i Public Works v h asz +esz Nile Median - 0.43 acres Taco Bell q �� I L� x t: I Department of Public Works Questions ? DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3463 U Mowing Services for Stormwater Street Right of Ways Group 5B yeanaonn!e� 1852 THIS Mowing Services for Stormwater Street Right of Ways Group 5B Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Juan Antonio Galnarez dba Tony's Lawn Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing Services for Stormwater Street Right of Ways Group 5B in response to Request for Bid/Proposal No. 3463 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing Services for Stormwater Street Right of Ways Group 5B ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $73,740.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Patrice Aubert Department: Public Works Phone( 361 ) 826-1699 Email: PatriceA@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Patrice Aubert Title: Work Coordinator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: (361) 826-1699 Fax: N/A IF TO CONTRACTOR: Juan Antonio Galnarez dba Tony's Lawn Service Attn: Juan Galnarez Title: Owner Address: 1228 N. Racine St. Rockport, TX 78381 Phone: 361-386-0045 Fax: 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A CONTRACTOR uSigned by: Signature: � =274 Juan Galnarez Printed Name: Title: owner 3/29/2021 Date: CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3463 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A Attachment A: Scope of Work 1. General Requirements/Background Information The Contractor shall provide complete mowing and grounds maintenance services for street rights-of-way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. The Bidder may not use subcontractors in connection with the work performed if awarded a contract. The Contractor must be located within a 30-mile radius of City of Corpus Christi. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming 1 , The Contractor and all related employees shall attend an orientation prior to the term of the contract at the following location: 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to ensure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4, Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. A. Mowing and Trimming 1 , Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Page 1 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A Turf shall be mowed to maintain a neat appearance, If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 3. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 4. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 5. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Contractor MUST NOT sweep or blow any grass clippings or leaves into the streets, gutters or other portions of the storm water system including ditches and storm drains. 6. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, fire hydrants including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 7. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. B. Edging 1. String line trimming is acceptable for general monthly maintenance. 2, The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. 3. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide grounds maintenance only in appropriate months and in accordance with the Page 2 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A City's cycle requirements. Changes in such work schedules must be sent to the Contract Administrator or designee for approval, C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. Cycle Description: Improved ROW Group 5B 16 cycles with (1) option cycle to use as Departments discretion. March, April, May, June - (2) Cycles a month July, Aug, Sept, Oct, Nov, Dec, Jan, Feb - (1) Cycles a month *The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. *Cycle 1 should be during 1st-15th and Cycle 2 16th -to end of month. *The Contractor shall schedule mowing cycles 25 to 35 days apart not mowing no more than one cycle per month. Total Cycles - 17 D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site, E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum, However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Page 3 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A Administrator, or designee and received permission to proceed with work order. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 5. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Equipment A. All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of Page 4 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 7. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1 . The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 8. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location(s) were missed. No work shall be started without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00 a.m. on the day to be inspected, When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for re-inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a Page 5 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 re-inspection fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator, Failure of the supervisor to act on said directives shall be enough cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Page 6 of 6 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A GROUP 5B Acreage 513-1 Flour Bluff Exchange Flour Bluff @ SPID-From Ramp to Ramp along access road 2.70 513-2 SPID 1 Airline to Oso turnaround, both sides of SPID 5.27 513-3 SPID 2 Flour Bluff to turnaround at Cayo Del Oso 1.32 513-4 Rodd Field Rd. SPID to Saratoga, including medians at Saratoga 8.86 513-5 Braeswood Median Median on Braeswood and Williams Dr. 0.10 513-6 Nile Median Median on Nile Dr.off S.P.I.D 0.10 TOTAL ACRES 18.35 WM r #. ux , Ane'clanorAp�ar[ a ' aV r e *^ k0' yy p tr L °� ��1Stn es P dlatncrG�nic la f o exas hrlstlan Gara 'So h Texas ge C aul' era o0 Na,yArmyCom uni _ �; Couns0ling a. 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'$rpa9a ``u„ti— — .-.e• .,,,,fir , I w or r 17Bo Braeswood Dnve' "W*•a � 4 W .. T IT snap - 1 Google A I—gerye2020 Gn.Og1a,Mapdata&D2020 Ul t.d Staten Terms Sendfeedback 50tt, M � } ,�`�'S ,• _ °'' yin ���A ,^ � r°�'�r � ��"i 'I">" •f l,;t. k� �,k� " ( 7 k-.,:,I-� ery w .� o. k""~*.. �` _ f n" f w Sign in 4—y �`r ti' • �'k�l .° G- -Y I I `" f to M e � ' -- -, w 4 r L,lu1u44�- Nike Dr _ _- Ndr. .".: - ;� i. NiheDr i ram• _- � I d....=rW�' �'rsa°z. 43•w�/li iS �—�e- r— s�T.,seaw.aaak.� `••rr : r ,,w ,A 3Da . I ram r u a •■ 'w" rn Map Google � -u l Rna. Imagery�2G2G Google,lm gery®2G2GM rTechnologies,ieKas General Land G�ce,US_G¢Wogiral Survey,Map tlata®2020 Gnited State Terms esdback SC ft DocuSign Envelope ID:16E 8B52-23BA,4EB3-843A-3ECC43C5F89A G513 MOWING CONTRACT PP H , WiJ.......IN . w aGR 9 —T- 11— Z W M 'IT INI T 9 NN ap- 0- 1—N�N . ......... N IN. woi"oa1 any —0 Cl— C�=.N TAR --N —1.1 o C.N. —c- A slol, Legend E Row Group Flour Bluff J Exchange 7%E3' (UnderTxDot ME' IL Overpass) �N -.TIN.. C--N Rood Field Rd. IN SPID 1 N 0 0.151,0� p3 -16.(, 0.9 1.2,1e SPID2 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A ,¢yus c Attachment B: Bid and Pricing Schedule CITY OF CORPUS CHRISTI °i 1 CONTRACTS AND PROCUREMENT DEPARTMENT v BID FORM ///CORP OP FE 1852 RFB No. 3463 Mowing Services for Stormwater Street Right of Ways for Group 513 PAGE 1 OF 1 Date: Authorized Bidder: ��,C i� ���+� ►`� Q' lam'-`Z.. Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Acres Cycle Unit Price Extended Per Cycle Price 1. Mowing for Group 5B 18.35 20 $ $ Year 1 2. Mowing for Group 5B 18.35 20 $ I $ Year 3. Mowing for Group 5B 18.35 20 $ $ Year 3 �`Z2. �>at) zq� Total Price for Group 5B -7' Page 1 of 1 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance (COI) 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 by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor 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, Contractor 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 Page 1 of 3 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit Page 2 of 3 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required therefor, Service Agreement 3463, Section 5 Insurance; Bond Section 5(B) is here by void. 2020 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite 06/08/2020 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID: 16E38B52-23BA-4EB3-843A-3ECC43C5F89A ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3328, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page 1 of 1 �vs cr �o 0 v NOflPORPY ED xss2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting April 20, 2021 Second Reading Ordinance for the City Council Meeting April 27, 2021 DATE: April 20, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreye(a)-cctexas.com (361) 826-3851 Richard Martinez, Director of Public Works Richard m5(a)-cctexas.com (361) 826-3419 Amending Chapter 49 of the Code of Ordinances to add Article VIII — Management of Rights-of-Way CAPTION: Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. SUMMARY: This item amends the Code of Ordinances to establish procedures for the management of public rights-of-way and clarifies the responsibilities of franchise utilities to accommodate City infrastructure projects. The ordinance also removes the expired Telephone Ordinance to ensure there are no conflicts within the City Code. BACKGROUND AND FINDINGS: The City spends significant amounts of funding annually on public works design and construction contracts. These projects typically have a 3- to 5-year execution period once approved in the Capital Improvement Program (CIP). The CIP is updated and published annually and is available on the City's website. Additionally, the City makes significant efforts to coordinate with private utility owners to de-conflict proposed improvements from their infrastructure located within the public right-of-way. The City distributes plans and specifications to private utility companies during the design phase and hosts monthly utility coordination meetings to discuss upcoming projects with private utility companies. The City also spends significant amounts to accurately locate third party utilities so that conflicts can be addressed during design. Despite these significant coordination efforts by the City, projects still encounter avoidable construction delays and cost escalation due to unanticipated utility conflicts. For example, the reconstruction of Ayers Street, Rodd Field Road, Holly Road (Ennis Joslin to Rodd Field), Holly Road (Greenwood to Crosstown Expressway), Park Road 22 Bridge, Flato Road, Williams Drive, Morgan Street, Slough Road and Corona Drive were delayed due to utility conflicts discovered during construction. The purpose of this ordinance is to promote better management of the public rights-of-way. It establishes reasonable expectations for utility operators whereby they are required to submit a schedule and relocate their facilities within an established timeframe and keep their contact information current with the City and formalizes potential penalties for causing unnecessary consequences to City projects. Pursuant to state law, private utility companies are required to relocate their facilities located in a public right-of-way to accommodate City infrastructure projects. The City should not experience construction delays or additional construction cost due to conflicts with franchise utility infrastructure. Those should be easily avoidable if all parties are appropriately engaged in the process and responsive to relocation needs when conflicts are unavoidable. The current City Code, Section 49-43, requires private utility owners to relocate their facilities in a timely manner and notify the City Engineer of their schedule for relocation. If the City discovers a utility conflict during the design phase, the proposed City Code, Article VIII of Chapter 49, requires private utility owners to submit their schedule within 45 days of being notified of the utility conflict and complete the relocation within 120 days of the date agreed to in the schedule. If the utility conflict is discovered during construction, the schedule must be submitted within 5 days of being notified by the City, and the relocation must be completed within 30 days unless the City Engineer extends the performance by an additional 30 days. Most Texas cities that have a Right- of-Way Management ordinance require the relocation schedule to be submitted within 5 days if the conflict is discovered during construction, and the relocation to be completed within an approved timeframe. The party responsible for paying for the relocation is determined by state law and City Code. The City has exclusive jurisdiction of its public rights-of-way. Private utility companies that locate their facilities within the public rights-of-way do so with the permission of the City and must relocate their facilities at their own expense, which means they pay their own costs. If the utility is located in an easement that existed before the public right-of-way, the city must pay the costs of relocation because the utility has a property interest that pre-dates the City's property interest. In that case, the City would typically reimburse the utility's expense after the relocation has been completed. For electric utilities, Section 37.101(c) of the Texas Utilities Code requires electric utilities to relocate at their own expense to permit the widening or straightening of public rights-of-way. The City is required to pay the relocation costs for electric utilities not required due to widening or straightening. The penalty for violation of Chapter 49 of the City Code did not change and per Section 1-6 of the City Code, the private utility can be fined a maximum of$500 per day for every day that they fail to submit a schedule or fail to relocate their facilities. This ordinance also removes Chapter 55, Article XIV — Telephone Ordinance Agreement which expired in 1992. In December 2020, the Engineering Services Department hosted a meeting with private utility owners and presented the ordinance and the changes to Chapter 49 regarding management of public rights of way. The City received comments from only one interested party, AEP, and made minor revisions to the ordinance. Most of AEP's comments concerned the existing Franchise Agreement and Section 37.101 of the Texas Utilities Code regarding paying for relocation costs. AEP also requested an extended timeframe to relocate their utilities. It was explained to AEP that state law determines who pays the cost of the relocation, and Engineering Services rejected adding an extended timeline to the ordinance. A final version of the ordinance was distributed to the private utility owners in March 2021. No further comments have been received. ALTERNATIVES: 1. Authorize amending the Code of Ordinances. 2. Do not authorize amending the Code of Ordinances. (Not Recommended) FISCAL IMPACT: There is no fiscal impact for amending the Code of Ordinances, Chapter 49 to include Article VIII — Management of Rights-of-Way. RECOMMENDATION: City staff recommends amending Chapter 40 of the Code of Ordinances to add Article VIII — Management of Rights-of-Way to establish procedures for the relocation of privately-owned facilities within a public right-of-way to accommodate City infrastructure projects and remove the expired Telephone Ordinance Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, Chapter 49, to promote better management of the public rights-of-way for Bond and other infrastructure projects, adding Article VIII - Management of Rights-of-Way to clarify responsibilities for all types of utilities within a public right-of-way, and establishing a penalty. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 49 Streets and Sidewalks is revised to amend Article III Cuts and Excavations to. "ARTICLE III. — CUTS AND EXCAVATIONS Sec. 49-39-2. — Definitions Owner means a person, company, partnership, agency or other public or private entity, ;R. —Rg Gity, who is the owner or will, following the completion of the installation, become the owner of any facility that is installed or is proposed to be installed or maintained in the public way. Right-of-way or public right-of-way or public way means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, trail, drainage way, channel, bridge, tunnel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include but not be limited to all easements now held, or hereafter held, by the city but shal1p8^Of�y 8XGlHd8 PFi may. The public right-of-way includes the entire area between the boundary lines of every right-of-way. Sec. 49-43. Removal or relocation of facilities. All peFmi,�++oos owners who place facilities in public right-of-way thereby obligate and bind themselves to move or change the location of facilities whenever required or instructed to do so by the city in order to accommodate the construction, repair, or relocation of city infrastructure facilities in accordance with Article VIII of this chapter and failure to do so shall be unlawful. ,PH the peFm itteesM-Hst ^^+ethe;,r ^ GR&RE?E?-r- „ 1 SECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks is revised to add Article VIII Management of Rights-of-Way to add policies and procedures for certificated telecommunications providers and other private utilities occupying public rights-of-way of the City. "ARTICLE VIII. — MANAGEMENT OF RIGHTS-OF-WAY. Sec. 49-102. — Purpose. The purpose of this article is to manage the public right-of-way, to ensure public health, safety and welfare and to promote the most efficient use of the right-of-way. The Primary purpose of public right-of-way is for public access and the distribution of water, wastewater and stormwater services, and secondarily for private utility uses. Sec. 49-103. — Definitions. As used in this article, the following terms shall have the meanings ascribed in this section: Director means the Director of Engineering Services or designee. Facility means any structure, device or other thing whatsoever that is installed or maintained along, across, in, on, within, over, above or under a public right-of-way. Owner means a person, company, partnership, agency or other public or private entity who owns, controls, manages or occupies any facility that is installed or maintained in the public way. The term Owner includes permitees, licensees, franchisees, certificated telecommunication utilities and other entities utilizing facilities in public rights- of-way. Public right-of-way means the surface of, and the space above and below any street, road, avenue, alley, highway, public thoroughfare, bridge, tunnel, sidewalk, path, trail, channel, drainage ditch, public utility easement or other easement now or hereafter held by the city or over which the city exercises any rights of management or control within the present limits of the city and within said limits as may be extended. The public right- of-way includes the entire area between the boundary lines of every right-of-way. Public works proiect means any construction, reconstruction, improvement, repair or maintenance proiect undertaken by or on behalf of the City, including but not limited to projects included on the City's capital improvement plan regardless of source of funding. Relocate means to move, remove, alter or replace a facility. Sec. 49-104. — Registry of facilities and owners. The Owner of any facility as defined in this article, other than a pipeline that is subject to the provisions of Article VII of this chapter, shall provide to the Director, and thereafter maintain, current (1) contact information indicating the name, address, phone 2 and email of the Owner of the facility and a designated contact person; and (2) information describing and locating any facilities of the Owner in the public right-of-way. If an Owner does not have contact information on file, the Owner shall provide the contact information at the time application is made for an excavation permit pursuant to Article III of this chapter. It shall be unlawful for any Owner to fail to provide or maintain all current information as required by this section. Sec. 49-105. —As-built maps and records The Owner shall maintain accurate maps and other appropriate records of its facilities and equipment as facilities are actually constructed in the Public right-of-way, including the use of Auto CAD/GIS digital format. If requested by Director, Owner shall provide Director with the as-built maps and records within 30 days. Sec. 49-106. — Relocation required. (a) If the city engineer determines that a facility must be relocated for the accomplishment of a public works project, the Owner shall relocate the facility at the Owner's sole expense in accordance with this article. If an Owner's failure to timely relocate a facility causes the city to incur expenses, damages or losses, including loss of grant funds, the Owner shall be responsible for the city's expenses, damages or losses. (b) The city shall not be obligated to design a public works project to avoid facility relocation. (c) Notice provided by the City under this article is not a condition precedent to the city's exercise of its rights and remedies under this article nor to the facility Owner's obligations hereunder. Sec. 49-107. — Planning and design of public works projects. (a) Owners shall review the city's latest adopted capital improvement plan in October of every year to identify potential conflicts and coordination of facility relocations. The capital improvement plan is available on the City website or from the city secretary. (b) During the design of a public works project, the Director will provide notice to the Owner's representative at the email address on file with the City pursuant to section 49-104 of this Code. Owner shall review the design, identify potential conflicts and provide the Director with detailed drawings that accurately depict its facilities to enable the Owner and Director to discuss potential design alternatives that could avoid facility relocation. Failure of an Owner to request design alternatives within 30 business days after Director sends the notice shall waive any objection the Owner may have to the design of the public works project. Sec. 49-108. — Director's final determination and notice. 3 (a) The Director may determine before completion of the final design that a facility requires relocation to accomplish the public works project and will provide notice thereof to the Owner of such facility required to be relocated. The notice will be provided to the Owner's representative at the contact information on file with the city pursuant to section 49-104 of this Code. (b) The Director will give notice to the Owner of the necessity for relocation if the Director discovers after award of a construction contract for a public works project: (1) That a facility located in the public right-of-way requires relocation if it was not previously known to the Director; or (2) That inaccurate information about the location of the facility was provided and relocation is required which was not previously anticipated. (c) Owner may submit a written request to the Director to make design changes to the public works project to avoid the conflict. Owner shall provide additional information if required by the Director. Owner shall pay for the cost of any redesign if the request is approved by the Director. Owner shall Pay any additional costs incurred by City due to delay caused by the redesign. Sec. 49-109. — Relocation schedule. (a) Facilities discovered during planning and design for which notice is provided under Sec. 49-108(a). (1) The Owner shall submit a proposed schedule for relocation of its facility to the Director within 45 days of the date of the notice sent from the Director pursuant to Sec 49-108(a). For good cause, the Director may extend the time for submission or re-submission of a relocation schedule for a time period not to exceed an additional 30 days. (2) The schedule shall provide a period for relocation of no longer than 120 days. However, for good cause shown by Owner and with Director's written approval, Owner may extend the period of time for relocation. Relocation shall commence on the date agreed to by the Director and Owner, but no later than the date of the notice to proceed with construction of the public works project, unless extended by the Director for good cause shown by the Owner. (3) It shall be unlawful for an Owner to fail to provide a relocation schedule to the Director that complies with this ordinance within 45 days of the date of the notice sent from the Director pursuant to Sec 49-108(a). It shall be an affirmative defense that an extension was granted in writing 4 by the Director. City shall be authorized to assess damages for project delay. (b) Facilities discovered after award of a construction contract for which notice is provided under Sec 49-108(b). (1) The Owner shall submit a proposed schedule to the Director within five business days of the date of notice sent from the Director pursuant to Sec 49-108(b) and shall diligently prosecute the relocation of such facility until completed. (2) The schedule shall provide for a period of relocation of no longer than 30 days without Director's written approval, who for good cause shown by the Owner, may extend the period of time for relocation by an additional 30 days. Relocation shall commence 10 business days from the date of Director's notice sent pursuant to section 49-108(b). (3) It shall be unlawful for an Owner to fail to provide a relocation schedule to the Director that complies with this ordinance within five business days of the date of the notice sent from the Director pursuant to Sec 49- 108(b). City shall be authorized to assess damages for project delay. (c) In determining "good cause" as used in this article, the Director may consider such factors, not attributable to any fault or negligence of the Owner, including but not limited to the following: (1) Availability of materials or supplies required for relocation; (2) Any loss or damage to the public or users of the facility to be relocated; (3) Availability of any alternative means of providing to the public or other users the services of the facility to be relocated; or (4) Delays due to inclement weather occurring during the construction period. (d) It shall be unlawful for an Owner to fail to comply with the relocation schedule submitted to the Director pursuant to this section. City shall be authorized to assess damages for project delay. Sec. 49-110. —Abandoned facilities; removal authorized. (a) Owner of a facility located in the public right-of-way shall remove the facility and related equipment when such facility is abandoned as defined in section 49-39-2, regardless of whether it receives notice from the city. Removal must comply with Chapter 49, Article III. If, in the judgment of the Director, 5 removal of underground facilities would cause damage, this requirement may be waived by the Director in writing. (b) Owner must remove all abandoned facilities within the earlier of 90 days of it being abandoned or upon issuance of written notice by the Director. If the facilities are not removed after the 90 day notice to remove, the City may remove the facilities 30 days after notice of a final finding of abandonment. (c) When the Owner of a facility removes or abandons permanent structures in the public right-of-way, the Owner shall notify the Director in writing of such removal and shall file with the Director the location and description of the abandoned facilities. The Director may require the Owner to complete additional remedial measures necessary for public safety, health, welfare and the integrity of the public right-of-way. (d) Director may deem a facility to be abandoned and send notice of a final finding of abandonment to the Owner if: (1) An Owner does not provide a relocation schedule to the Director that complies with this article within 45 days from the date of the Director's notice to the Owner pursuant to subsection 49-108(a) or within five business days from the date of the Director's notice pursuant to subsection 49-108(b), or any extension approved by the Director; (2) An Owner does not comply with the terms of a relocation schedule, and the unfinished relocation of the facility will delay completion of a public works project; (3) An Owner does not relocate facilities as required by this Article; (4) An Owner fails to maintain current registration as required by section 49- 104; or (5) An Owner cannot be found or contacted. (e) Failure of an Owner to comply with this Article shall constitute a waiver by the Owner of any claim for damages against the city, and further constitute authorization for the city to assess damages, including removal costs, expenses or losses for project delay. The Director's certification of the cost of removal of any facility shall constitute prima facie evidence of the reasonableness of the costs chargeable to the Owner." Sec. 49-111 . — Violations. (a) It shall be unlawful for an Owner to: 6 (1) Fail to register a facility or maintain current registration information about such facility as required by this article. (2) Fail to submit a relocation schedule as required by this article. (3) Fail to comply with a relocation schedule as required by this article. (4) Fail to relocate a facility as required by this chapter. (5) Fail to remove abandoned facilities as required by this article. (b) Each day that any violation of this article continues constitutes a separate offense. (c) 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 $500 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. (d) An individual is criminally responsible for conduct that the individual performs in the name of or on behalf of a corporation, an association, a limited liability company, a partnership or another business entity to the same extent as if the conduct were performed in the individual's own name or behalf. (e) An agent having primary responsibility for the discharge of a duty to act imposed by law on a corporation, an association, a limited liability company or another business entity is criminally responsible for omission to discharge the duty to the same extent as if the duty were imposed by law directly on the agent. (f) If an individual is convicted of conduct constituting an offense performed in the name of or on behalf of a corporation, an association, a limited liability company or another business entity, the individual is subject to the sentence authorized by law for an individual convicted of the offense. (g) Administrative, civil and criminal enforcement are alternative remedies that may be sought independently of each other. Criminal prosecution may occur regardless of pursuit of civil or administrative remedies and vice versa. SECTION 3. City Code of Ordinances, Chapter 55 Utilities is revised as follows to remove Article XIV Telephone Ordinance Agreement. "ARTICLE XIV. — RESERVED. 7 � �r r r 1 1 time, alley, non000a Fy to ovoni ito the �AgerL S G. GG ' . TempeFaFy FT e-yal A-f�eiires- imi„ay FE?9 iiro 66FGh r ayFRon} in apl�inn��t� shall be giy-, Cl�1 G'C�'QTrr �7'p'9'�1TCTT�TZ�7TT SeG. 55 174 TrGi , alleys, 98G. 5 5 5.mash te be paid by the t8l8PhGR8 GernpaRY. already beep rn�ade by er boiled tG G61stemers, and all s6l,r--.h rnelpile.s shall be paid te the , this agree-mept -6-(-54 p'ayTFRE"RF}.7T-hio TfiTr.Tc} f961F (4) payore"RF}7shall ho MAGIo GR April 15, I,ihi 15, Or-tCe'7beTr 15; 10 Inn�torlyVithin the nnrnnrato limits of fho pity as fnllEp /1T- RGG61rrrrirrg GhaaFgc,-; I GXGha ge access aFFaRgGMGRtG. a. Ri isinoss -b. R bQ a0.P-1 aaG G. G 98M PH blip P-1 Di ihlin annni IncE?FRCttr o Other hi isinoss f Othor rosii-lonno (2) M2ssag8 G larg2sl-G-&al t-QxG lang8 a R.is inoss -b. R 89 S8G 8. A Diihlin annniIRGG GRt. dOther hi isinoss TlT G. Other rosii-lonno (3) P H b l i Gtel8pheRe—Lal f-QX G a Rg8 a Di ihlin sunt paid b• S ip blin cont nand a. Ri isinoss -b. R bQ G 0.P-1 Grca- G Comini ihlin r'1 Diihlin annniIRGE?FIT E?Rt. o Other hi isinoss GT f Othor rosiGIonno paym8Rt alGRg With th8 OGteber 1rF, 1999,rand jaRHary 15, 1991 , partial adya�nno payFRE?Rt.r, -hi-Q GGFRp6itE?d at tWGRty fmVG (25) peF ruept A-f three and eight teRths (3.8) 11 npuym8Rt.s Ther , payment chA-ll be made g arterlyac heroin r�aorl T Tl1 , TGTTr C wT1Tri rcfl ri rr SGG. CC176PaymTeTnTtCo-Tf nCohrcCTnTss'.'dercgr[1'A-nmlTie-H oaf nerrtLaY'.mrp a� Mend s E? of�i��i• in li� of an i vele tv er inonen�n f v• in li of Ansi E?aS end er cr ,�--nrrr �c-vrnTc�cc rrre�� ,T-rmT��-vr-crrr��c��crrc-cr law. ShG6lld thG Gity RGt have the legal peweF te agFee that the payFRE?Rt Gf thE? fGFE?gempg nr fr�nnhice twee SGG. C�v —D DI — G'Gtermrirnrctm.e ThirartRrolechall he in ferne�eeffeer--trm April 15, 491 igh April 14, 1992, te SE?GC.C. 178-. In.-1 UQ FR R ity. FeGPGRG CQGGtiti 179Ale i-9)(G161GOVE? PFOVOIE?gc 12 ovnl,ioiio rriiilorro SG G55 189. 961GGE?GGGFs and a5$f@IR G assigRG- 98G. 55 181 . ---GGV8rnlaw;-li.rnitatips-,. P1 ig an roar. 98ES. 5 F��5 3-18 Secs. 55-170 — 55-189. — Reserved. „ SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: 13 Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 14 Corpus Chr sti Engineering Management of Rights-of-Way Code of Ordinances Amending Chapter 49 Council Presentation R April 20, 2021 Background Corpus Chr st Engineering • The City coordinates infrastructure projects with private utility companies. ➢ Distributes plans and specifications during the design phase ➢ Hosts monthly utility coordination meetings to discuss upcoming projects ➢ Spends significant amounts to accurately locate third party utilities so that conflicts can be addressed during design. • Current ordinance requires facility owners to review the City's Capital Improvement Program for future planning purposes. z - - Past UtilityConflicts Corpus cn�i Engineering • The following are examples of encountered project conflicts: ➢ Reconstruction of Ayers Street ➢ Rodd Field Road ➢ Holly Road ➢ Ennis Joslin to Rodd Field ➢ Greenwood to Crosstown Expressway ➢ Park Road 22 Bridge ➢ Slough Road {'� ,� ��- �"��_. �� � �.�,, d r .. Q_ � � �' .. � .� F - — a _;� �'�;`�' --- r _, :. � '� ,a m _,_ .. __'�® __. —__�r I' 1: 0 ,,_�. � . _ _ ,� . a�., ,,� � a.,�.� :� F � -�- .r, .� _I � . -�,. ��� . . �. . � .� �;� f ,. ,.� .�. : . "i: rr.,,,�,, � � .�.,. ,,,,a�, � �, , „� � a� �����IIP � i�> � �, ,.a �, � , . ; �:: �E.�t�. -' . � -. . , � ., ti , . ,, f , . . ,: ;. .� �' Purpose Corpus Chrrssti Engineering • Promote better management of public rights-of-way (ROW). • Establish reasonable expectations and requirements: • Submit a schedule • Relocate facilities within established timeframe • Keep contact information current with City • Establishes penalties • State law requires private utility companies to relocate facilities located in public ROW to accommodate City infrastructure projects. 5 Ordinance Requirements Corpus Chrsti / Engineering I • Notify City Engineer with relocation schedule • During Design Phase: • Within 45 days of City notification of utility conflict • Complete relocation within 120 days of date agreed in schedule • During Construction Phase: • Within 5 days of City notification of utility conflict • Complete relocation within 30 days, unless granted extension for additional 30 days by City Engineer. CJI qlv�) Utility Relocation Costs Corpus Chrstf Engineering • Private utility companies are primarily responsible. • If utility located in easement that existed before the public ROW, City is responsible for relocation costs. • Utility property interest pre-dates City's property interest • City reimburses utility expense after completion • Electric utilities relocate at their own expense to permit widening or straightening of public ROW. • City pays relocation costs not required due to widening or straightening. Penalties & Updates Copus Chr�sti Engineering • Establishes maximum $500 penalty • Per day, every day of failure to comply • Removes Chapter 55, Article XIV - Telephone Ordinance Agreement • Expired in 1992 • City hosted meeting to present ordinance updates in Dec. 2020 • AEP only interested party that presented comments • Minor revisions & final version distributed March 2021 Corpus Christi Engineering Questions? SC ` o� Va. w AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of April 20, 2021 NCORPOR I Second Reading Ordinance for the City Council Meeting of April 27, 2021 1852 DATE: April 6, 2021 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities Kevin N(a)cctexa s.co m (361) 826-1874 Winter Quarter Average for 2021-2022 Wastewater Charges CAPTION: Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to use the 2020 Winter Quarter Average (calculated from December 2019 — February 2020) for wastewater charges from May 2021 through April 2022. SUMMARY: This amendment to continue using the current Winter Quarter Average from 2020 for wastewater billing is due to Winter Storm Uri impacts on residential customers. BACKGROUND AND FINDINGS: As part of the Water Utility Bill Relief Program for residential customers impacted by the extreme weather during February 2021 , the Wastewater Winter Quarter Average (WQA) for all residential customers will not be recalculated this year. The WQA from 2020 (calculated from December 2019 — February 2020) will continue to be used. This City Council action does not impact the wastewater rate for commercial customers. Due to the extreme winter weather in February 2021 , many water customers experienced higher-than-normal water usage due to water line breaks, faucets dripping, and other weather-related events. This could have led to a much higher WQA for wastewater charges. Customers may request a review of their WQA calculation by the Utilities Business Office on a case-by-case basis if they have objections with their 2020 WQA. Example: 2020 WQA continues to be applied as a Residential Customer's WQA. • 2020 Winter Quarter Average 4,000 gallons May 2020-April 2021 0 2021 Winter Quarter Average 4,000 gallons May 2021-April 2022 PROCUREMENT DETAIL: N/A ALTERNATIVES: Calculate Winter Quarter Average based on three consecutive billing cycles after December 1 , 2020, which will include the higher-than-normal water usage month of February 2021 caused by Winter Storm Uri. FISCAL IMPACT: N/A FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance 1 ORDINANCE AMENDING CITY CODE SECTION 55-100 TO CONTINUE USING THE 2020 WINTER QUARTER AVERAGE (CALCULATED FROM DECEMBER 2019— FEBRUARY 2020) FOR WASTEWATER CHARGES FROM MAY 2021 THROUGH APRIL 2022 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 55, Utilities, Article VII, Wastewater Rates, Section 55-100 Schedule is amended to add new subsection (d) regarding use of the 2020 winter quarter average (calculated from December 2019—February 2020) for wastewater charges during May 2021 through April 2022 as follows: Sec. 55-100. -Schedule. (a) The monthly charge to be paid by users of wastewater service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification—Residential Usage Effective 12020 Inside city limits One-family minimum monthly charge(first 2,000 gallons) $ 32.60 I One-family per 1,000 gallons over 2,000 6.69 Inside city limits One-family maximum monthly charge(up to 25,000 gallons) 186.47 Outside city limits One-family minimum monthly charge(first 2,000 gallons) 40.75 One-family per 1,000 gallons over 2,000 14.85 Outside city limits One-family maximum monthly charge(up to 25,000 gallons) 382.30 Effective Classification—Commercial January 1,2020 Inside city limits 2 Commercial minimum monthly charge(first 2,000 gallons) $ 44.75 I Inside city limits Commercial per 1,000 gallons over 2,000 4.79 Outside city limits Commercial minimum monthly charge(first 2,000 gallons) 55.95 Outside city limits Commercial per 1,000 gallons over 2,000 9.59 (b) By May 1, 2020,the amount of water used to compute the monthly bills for wastewater service to one- family residential customers shall be computed on the basis of the "winter quarter average usage"that is calculated pursuant to this subsection and every year thereafter. (1) Definitions. a. Winter quarter averaging wastewater charge period: The period of water and wastewater service during the three (3) preceding winter quarter months of December, January and February. The initial winter quarter averaging wastewater charge period occurs during the months December 2019 through March 2020. b. Winter quarter average usage:The monthly wastewater usage established by the city during the "winter quarter averaging wastewater charge period" based upon the customer's thirty- day average water consumption during that period. c. Interim average usage:The monthly wastewater usage established by the city for individual customers who have not established a "winter quarter average usage". The "interim average" is three thousand (3,000) gallons per month, and is the basis for monthly wastewater charges until a "winter quarter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area:The geographic region served by the city's wastewater system. (2) Winter quarter average criteria. a. The customer must receive wastewater service at one (1) location during the entire winter quarter averaging wastewater charge period in order to establish a "winter average usage". b. "Winter quarter average usage"charges shall apply to one-family residential customers only. c. The following method will be used to calculate the customer's"winter quarter average usage": 1. Add the customer's water consumption during the winter quarter averaging wastewater charge period to determine total winter quarter consumption. 2. Divide total winter quarter consumption amount by twee—(3) the number of days between the reading in December and the latest reading in March to determine the average daily usage. In the event a reading in December does not exist,the most recent prior reading will be utilized. 3 3. Multiply the average daily usage by thirty (30) to determine winter quarter average usage. Such winter quarter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. d. The following method will be used to calculate the customer's monthly wastewater charge: apply the applicable wastewater rates established in subsection (a) to calculate the customer's monthly wastewater charge. The adjusted rate that applies to service on and after May 1 will reflect wastewater usage based on the previous "winter quarter averaging wastewater charge period."A new winter quarter average usage shall be calculated by May 1 annually based upon the amount of water used during the winter quarter averaging wastewater charge period. e. New and relocating customers; adjustments: 1. Customers new to the service area, who have not established a "winter quarter average",shall be billed at the"interim average"rate.The"interim average rate"is three thousand (3,000) gallons per month. 2. Customers who are relocating within the service area,who established a"winter quarter average " at their previous address, shall be billed at the "interim average rate" or their "winter quarter average" rate at the previous address, whichever is less. 3. Customers who are relocating within the service area, who have not established a "winter quarter average" at their previous address, shall be billed at the "interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter quarter average charge period, and if the customer can produce proof of repairs, the director of water utilities or the director's designee may adjust the wastewater bill. f. The city will begin in March 2020 to implement winter quarter averaging as soon as the city billing system has been programmed to calculate the wastewater bills utilizing winter quarter average usage. (c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index,two hundred fifty(250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters,the customer shall pay additional abnormal wastewater surcharges as provided in section 55-148. (d) Due to the extreme cold weather event in February 2021,the wastewater winter quarter average usage (WQA)will not be recalculated in 2021. Instead,the amount previously calculated as the WQA in 2020 will be used as the WQA for wastewater service in May 2021 through April 2022. A customer may request a review and adjustment of their WQA calculation on a case-by-case basis if they have objection to use of their 2020 WQA. (Code 1958, § 38-49; Ord. No. 9863, § 1, 7-29-1970; Ord. No. 11612, § 1, 8-8-1973; Ord. No. 12209, § 1, 8-7-1974; Ord. No. 12656, § 1, 6-25-1975; Ord. No. 13860, § 1, 8-3-1977; Ord. No. 15700, § 1, 8-13-1980; Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I, 7-28-1982; Ord. No. 17763, § 1, 8-3-1983; Ord. No. 18352, § 1, 7-24-1984; Ord. No. 18940, § 1, 7-23-1985; Ord. No. 19403, § 1, 7-29-1986; Ord. No. 20412, § 1, 7-26-1988; Ord. No. 20748, § 1, 8-8-1989; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21440, § 1, 7-21-1992; Ord. No. 21662, § 1, 5-25-1993; Ord. No. 21671, § 1, 6-8-1993; Ord. No. 21814, §§ 1(e), (f), 12-14-1993; Ord. No. 21965, § 1, 6- 14-1994; Ord. No. 22743, § 1, 11-12-1996; Ord. No. 23706, § 1, 7-20-1999; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § le, 7-24-2001; Ord. No. 24969, § 6, 7-23-2002; Ord. No. 4 25396, § 6, 7-22-2003; Ord. No. 025866, § 5, 7-27-2004; Ord. No. 026368, § 5, 7-26-2005; Ord. No. 026900, § 5, 7-25-2006; Ord. No. 027355, § 5, 7-24-2007; Ord. No. 027781, § 7, 7-22-2008; Ord. No. 028256, § 5, 7-28-2009; Ord. No. 028690, § 1, 7-20-2010; Ord. No. 029160, § 3, 7-26- 2011; Ord. No. 029917, § 7, 7-30-2013; Ord. No. 030242, § 4(Exh. A), 7-29-2014; Ord. No. 030295, § 5, 9-23-2014; Ord. No. 030605, § 4, 9-8-2015; Ord. No. 031244, § 2, 9-12-2017; Ord. No. 031874, § 1, 9-17-2019; Ord. No. 032093, § 1, 4-21-2020) That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 20217 by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 20217 by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 27, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Mobile Tire Repair for Asset Management Fleet Maintenance Division CAPTION: Motion authorizing a three-year supply agreement with Southern Tire Mart, LLC of Columbia, Mississippi, E.B. Creager Tire & Battery, Inc. of Corpus Christi, Texas, and Vicente Cavazos Jr, dba Cavazos Tire Service of Corpus Christi, Texas in amount not to exceed $166,000.00, for Mobile Tire Repair for Asset Management Department, Fleet Division, with FY2021 funding in the amount of $27,600.00 available through the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a three-year service agreement that will provide mobile tire repairs to the City's Fleet with the following: Southern Tire Mart, LLC E.B. Creager Tire & Battery, Inc Corpus Christi, Texas Columbia Mississippi $80,000.00 $76,000.00 Cavazos Tire Service Corpus Christi, Texas $10,000.00 This tire support will cover heavy and light vehicles and equipment such as, garbage trucks, front end loaders, dump trucks, 1/2 ton to 1-ton trucks, vans, sedans and trailers. BACKGROUND AND FINDINGS: The Fleet Maintenance Service Station is asking approval of a service contract for mobile tire repairs. This service agreement will allow the contractors to assist with tire repairs and or replacements to approximately 1 ,525 units in a timely manner. 67% of repairs are completed by in-house employees in a timely manner. The service agreements will enable Fleet Maintenance to meet the high demand for repairs and replacement of tires to keep up with the City's Vehicle Fleet Operation. PROCUREMENT DETAIL: The Purchasing Division conducted a competitive request for bids (RFB) process to obtain bids. The City received four responsive bids. The bid included three groups of tires to be priced, Group 1 (Light Passenger and Truck Tires), Group 2 (Medium Tires to Class 8 Tires) and Group 3 (Off the Road Tires). This bid indicated a primary and secondary award would be established for each group to provide for a backup contractor in the event the primary contractor is unable to provide the service on a timely basis as indicated. An estimated 60/40 percentage split is projected for each of the contactors by group. Staff is recommending Southern Tire Mart, LLC the lowest, responsive, responsible bidder as the primary contractor for groups 1 and 2, E.B. Creager Tire & Battery, Inc. as the secondary contractor for groups 1 , 2, and 3; and Cavazos Tire Service as the primary contractor for group 3. Therefore, staff recommends award to these three Contractors to provide these needed services. ALTERNATIVES: An alternative would be not to secure a long-term service agreement. However, the Asset Management, Fleet Division, would have to make repairs with limited staff which would not be as productive and be much more time consuming. FISCAL IMPACT: The fiscal impact for Asset Management in FY2021 is estimated at $27,600.00 for this three-year service agreement. The remaining amount of $138,400.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Svc Organization/Activity 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends the approval of this agreement with Southern Tire Mart, LLC of Corpus Christi, Texas, E.B. Creager Tire & Battery, Inc of Columbia Mississippi and Cavazos Tire Service of Corpus Christi, Texas for mobile tire repairs for the City Fleet. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreements City of Corpus Christi Bid Tabulation Contracts and Procurement RFB#3359 Department Buyer:Marco Lozano Mobile Tire Repair for Asset Management Fleet Maintenance Division Southern Tire Mart,LLC- E.B.Creager Tire&Battery, Vicente Cavazos Jr,dba Columbia,Mississippi Inc.- Corpus Cavazos Tire Service- Goodyear Tire&Rubber Co. Christi,Texas Corpus Christi,Texas Group 1-Light Passenger and Truck Tires 3 yr ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Service Call EA 300 $ 48.00 $ 14,400.00 $ 55.00 $ 16,500.00 $ 65.00 $ 19,500.00 $ 80.00 $ 24,000.00 2 Service Call-After Hour EA 60 $ 59.00 $ 3,540.00 $ 100.00 $ 6,000.00 $ 65.00 $ 3,900.00 $ 105.00 $ 6,300.00 3 Service Call-Holiday EA 21 $ 59.00 $ 1,239.00 $ 100.00 $ 2,100.00 $ 65.00 $ 1,365.00 $ 105.00 $ 2,205.00 4 Out of Town Mileage Per Mile 50 $ 0.55 $ 27.50 $ 1.00 $ 50.00 $ 1.15 $ 57.50 $ 1.00 $ 50.00 5 Mount and Dismount EA 330 $ 18.00 $ 5,940.00 $ 10.00 $ 3,300.00 $ 20.00 $ 6,600.00 $ 20.00 $ 6,600.00 6 Tire Repair EA 50 $ 22.50 $ 1,125.00 $ 15.00 $ 750.00 $ 20.00 $ 1,000.00 $ 25.00 $ 1,250.00 7 Misc,Valve Stems EA 30 $ 2.50 $ 75.00 $ 2.95 $ 88.50 $ 5.00 $ 150.00 $ 3.00 $ 90.00 $ 26,346.50 $ 28,788.501 $ 32,572.501 $ 40,495.00 Southern Tire Mart,LLC- E.B.Creager Tire&Battery, Vicente Cavazos Jr,dba Columbia,Mississippi Inc.- Corpus Cavazos Tire Service- Goodyear Tire&Rubber Co. Christi,Texas Corpus Christi,Texas Group 2-Medium Tires to Class 8 Tires 3 yr ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 8 Service Call EA 300 $ 53.00 $ 15,900.00 $ 55.00 $ 16,500.00 $ 65.00 $ 19,500.00 $ 80.00 $ 24,000.00 9 Service Call-After Hour EA 90 $ 70.00 $ 6,300.00 $ 100.00 $ 9,000.00 $ 65.00 $ 5,850.00 $ 105.00 $ 9,450.00 10 Service Call-Holiday EA 21 $ 70.00 $ 1,470.00 $ 100.00 $ 2,100.00 $ 65.00 $ 1,365.00 $ 105.00 $ 2,205.00 11 Out of Town Mileage Per Mile 300 $ 0.55 $ 165.00 $ 1.00 $ 300.00 $ 1.15 $ 345.00 $ 1.00 $ 300.00 12 Mount and Dismount EA 4500 $ 18.00 $ 81,000.00 $ 25.00 $ 112,500.00 $ 30.00 $ 135,000.00 $ 30.00 $ 135,000.00 13 Tire Repair EA 50 $ 31.50 $ 1,575.00 $ 30.00 $ 1,500.00 $ 30.00 $ 1,500.00 $ 35.00 $ 1,750.00 14 Misc,Valve Stems EA 30 $ 3.50 $ 105.00 $ 4.95 $ 148.50 $ 7.00 $ 210.00 $ 5.00 $ 150.00 $ 106,515.00 $ 142,048.50 $ 163,770.00 $ 172,855.00 Vicente Cavazos Jr,dba E.B.Creager Tire&Battery, * Southern Tire Mart,LLC- ** Goodyear Tire&Rubber Cavazos Tire Service- Inc.- Corpus Corpus Christi,Texas Christi,Texas Columbia,Mississippi Co. Group 3-OTR(Off the Road)Tires 3 yr ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 15 Service Call EA 90 $ 65.00 $ 5,850.00 $ 55.00 $ 4,950.00 $ 53.00 $ 4,770.00 No Bid 16 Service Call-After Hour EA 30 $ 65.00 $ 1,950.00 $ 100.00 $ 3,000.00 $ 70.00 $ 2,100.00 No Bid 17 Service Call-Holiday EA 21 $ 65.00 $ 1,365.00 $ 100.00 $ 2,100.00 $ 70.00 $ 1,470.00 No Bid 18 Out of Town Mileage Per Mile 150 $ 1.15 $ 172.50 $ 1.00 $ 150.00 $ 0.55 $ 82.50 No Bid 19 Mount and Dismount EA 90 $ 45.00 $ 4,050.00 $ 40.00 $ 3,600.00 Non Resp. No Bid 20 Tire Repair EA 50 $ 45.00 $ 2,250.00 $ 60.00 $ 3,000.00 Non Resp. No Bid 21 Misc,Valve Stems EA 30 $ 10.00 $ 300.00 $ 9.95 $ 298.50 $ 17.50 $ 525.00 No Bid $ 15,937.501 $ 17,098.50 $ 8,947.50 $ *Group 3-Vendor Non Responsive **Group 3-Vendor No Bid DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1 C78C �yV SC G° a 0 H SERVICE AGREEMENT NO. 3359 U Mobile Tire Repairs for Fleet Maintenance yeanaonn!e� 1852 THIS Mobile Tire Repairs for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and E.B. Creager Tire & Battery, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mobile Tire Repairs for Fleet Maintenance in response to Request for Bid/Proposal No. 3359 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mobile Tire Repairs for Fleet Maintenance ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $76,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1 C78C City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: (361)-826-1959 Email: BenjaminS@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1 C78C 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1 C78C 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, BIdg.3B, Corpus Christi, Tx 78415 Phone: (361 )-826-1959 Fax: N/A IF TO CONTRACTOR: E.B. Creager Tire & Battery, Inc. Attn: Chris Emmons Title: Vice President Address: 5002 Leopard St, Corpus Christi, TX. 78408 Phone: 361-884-0379 Fax: 361-884-8672 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C CONTRACT RocuSigned by: ewKY5 fi�rmO�iS Signature: Printed Name: CHRIS EMMONS Title: VICE PRESIDENT Date: 3/17/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3359 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C ATTACHMENT A: SCOPE OF WORK U + ]852 1.1 General Requirements/Background Information The Contractor shall provide mobile tire repairs as outlined in this Scope of Work. Repairs may be at offsite locations or at City facility locations. 1.2 Service Requirements A. Contractor shall provide mobile tire service for Fleet vehicles as needed during normal working hours and after hours. 1 . Normal working hours - Monday through Friday 7:00 am to 5:00 pm. 2. After hours-Monday through Friday, 5:01 pm to 6:59 am,weekends, and holidays. B. The City's Service Center Clerk will call the Contractor when a repair is needed. If the repair is needed after hours, the department with the request will contact the Contractor. C. The Contractor's response time will be no later than 30 minutes unless otherwise approved from the time the call is placed from City's Service Center Clerk. If Contractor is not available to respond to the service call, another Contractor will be called. D. Contractor shall call the City's Service Center's Clerk with the departure time and the arrival time. If the call is after hours, the Contractor will call the City Department that has requested the repair service. E. Contractor shall charge a one service call charge if multiple jobs are at the same job site. F. The service call shall include any fuel surcharge or mileage that would be individually charged. G. If tire is not repairable, the Contractor shall call the Service Center at 361-826-1916 and a tire will be pulled from stock. It is the Contractor's responsibility to pick up the tire from the Service Center and replace the tire. H. If tire is not in stock at the Service Center, a tire will be ordered by the Service Center and the Contractor will pick up tire or tires at the place of purchase the Fleet department has designated and return to replace the tire. I. The Contractor shall furnish its own tools to include floor jacks, jack stands, tire repair hardware such as patches, plugs, or any other tool needed for repairing tires. J. All tires removed by the Contractor shall be brought back to the Service Center for disposal. Page 1 of 2 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C 1.3 Warranty Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions All repairs shall be completely documented by the Contractor. A copy of each repair slip will be provided to the City personnel on site at time of completion and shall provide the following information: 1 . Site location of the vehicle or equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. 4. Work Order Number. 5. Purchase Order Number. Page 2of2 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C C ¢p- 1 om` ow° CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM Addendum 1 conpooll, �852J RFB No. 3359 Mobile Tire Repair for Fleet Maintenance Date: 01/1/2021 PAGE 1 OF 1 Authorized Bidder: E.B.CREAGER TIRE&BATTERY,INC Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Group 1 - Light Passenger and Truck Tires Item Description Unit 3-Year Unit Total Price Qty Price 1 Service Call EA 300 $ 55.00 $16,500.00 2 Service Call - After Hour EA 60 $100.00 $ 6,000.00 3 Service Call - Holiday EA 21 $100.00 $ 2,100.00 4 Out of Town Mileage Per Mile 50 $ 1.00 $ 50.00 5 Mount and Dismount EA 330 $ 10.00 $ 3,300.00 6 Tire Repair EA 50 $ 15.00 $ 750.00 7 Misc, Valve Stems EA 30 $ 2.95 $ 88.50 Total $28,788.50 Grou 2 -Medium Tires to Class 8 Tires Item Description Unit 3-Year Unit Total Price Qty Price 8 Service Call EA 300 $ 55.00 $16,500.00 9 Service Call - After Hour EA 90 $100.00 $ 9,000.00 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C 10 Service Call - Holiday EA 21 $100.00 $ 2,100.00 11 Out of Town Mileage Per Mile 300 $ 1.00 $ 300.00 12 Mount and Dismount EA 4500 $ 25.00 $112,500.00 13 Tire Repair EA 50 $ 30.00 $ 1,500.00 14 Misc, Valve Stems EA 30 $ 4.95 $ 148.50 Total $142,048.50 Group 3 - OTR Off the Road Tires Item Description Unit 3-Year Unit Total Price Qty Price 15 Service Call EA 90 $ 55.00 $ 4,950.00 16 1 Service Call - After Hour EA 30 $100.00 $ 3,000.00 17 Service Call - Holiday EA 21 $100.00 $ 2,100.00 18 Out of Town Mileage Per Mile 150 $ 1.00 $ 150.00 19 Mount and Dismount EA 90 $ 40.00 $ 3,600.00 20 Tire Repair EA 50 $ 60.00 $ 3,000.00 21 Misc, Valve Stems EA 30 $ 9.95 $ 298.50 Total $17,098.50 A primary and secondary contract will be awarded for each group, 60% of estimated quantities to the lowest cost provider and 40% to the second lowest provider. Actual quantity of material ordered from each vendor may vary depending on ability to supply the commodity when needed. Secondary Vendor for Group 1, 2, &3 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1 C78C ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 by endorsement, and a waiver of subrogation endorsement 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 Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1 C78C II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. 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. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to Page 2 of 3 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1 C78C suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Bond Requirements: No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: D32442AC-DEA3-424D-82D1-D048ACF1C78C ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required by this Agreement therefore, Section 8 warranty subsections(A) and (B) are null and void. Page 1 of 1 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3359 U Mobile Tire Repairs for Fleet Maintenance yeanaonn!e� 1852 THIS Mobile Tire Repairs for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Southern Tire Mart, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mobile Tire Repairs for Fleet Maintenance in response to Request for Bid/Proposal No. 3359 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mobile Tire Repairs for Fleet Maintenance ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $80,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: (361 )-826-1959 Email: BenjaminS@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, BIdg.3B, Corpus Christi, Tx 78415 Phone: (361 )-826-1959 Fax: N/A IF TO CONTRACTOR: Southern Tire Mart, LLC Attn: Richard Conwill Title: Director of Government Sales Address: 800 Highway 98, Colombia, MS. 39429 Phone: 877-786-4681 Fax: 601-651-0655 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 CONTRACTORocuSigned by: Signature: Printed Name: Richard conwill Title: Director of Government sales Date: 3/17/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3359 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 ATTACHMENT A: SCOPE OF WORK U + ]852 1.1 General Requirements/Background Information The Contractor shall provide mobile tire repairs as outlined in this Scope of Work. Repairs may be at offsite locations or at City facility locations. 1.2 Service Requirements A. Contractor shall provide mobile tire service for Fleet vehicles as needed during normal working hours and after hours. 1 . Normal working hours - Monday through Friday 7:00 am to 5:00 pm. 2. After hours-Monday through Friday, 5:01 pm to 6:59 am,weekends, and holidays. B. The City's Service Center Clerk will call the Contractor when a repair is needed. If the repair is needed after hours, the department with the request will contact the Contractor. C. The Contractor's response time will be no later than 30 minutes unless otherwise approved from the time the call is placed from City's Service Center Clerk. If Contractor is not available to respond to the service call, another Contractor will be called. D. Contractor shall call the City's Service Center's Clerk with the departure time and the arrival time. If the call is after hours, the Contractor will call the City Department that has requested the repair service. E. Contractor shall charge a one service call charge if multiple jobs are at the same job site. F. The service call shall include any fuel surcharge or mileage that would be individually charged. G. If tire is not repairable, the Contractor shall call the Service Center at 361-826-1916 and a tire will be pulled from stock. It is the Contractor's responsibility to pick up the tire from the Service Center and replace the tire. H. If tire is not in stock at the Service Center, a tire will be ordered by the Service Center and the Contractor will pick up tire or tires at the place of purchase the Fleet department has designated and return to replace the tire. I. The Contractor shall furnish its own tools to include floor jacks, jack stands, tire repair hardware such as patches, plugs, or any other tool needed for repairing tires. J. All tires removed by the Contractor shall be brought back to the Service Center for disposal. Page 1 of 2 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 1.3 Warranty Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions All repairs shall be completely documented by the Contractor. A copy of each repair slip will be provided to the City personnel on site at time of completion and shall provide the following information: 1 . Site location of the vehicle or equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. 4. Work Order Number. 5. Purchase Order Number. Page 2of2 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 .mus CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM Addendum 1 h h N 1852 RFB No. 3359 Mobile Tire Repair for Fleet Maintenance Date: 01/15/2021 PAGE 1 OF 1 Authorized Bidder: Southern Tire Mart, LLC Signature- 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Group 1 - Light Passenger and Truck Tires ** Item Description Unit 3-Year Unit Total Price Qty Price 1 Service Call EA300 $48.00 $ 14,400.00 2 Service Call - After Hour EA 60 $59.00 $3,540.00 3 Service Call - Holiday EA 21 $59.00 $ 1,239.00 4 Out of Town Mileage Per Mile 50 $.55 $27.50 5 Mount and Dismount EA 330 $18.00 $5,940.00 6 Tire Repair EA 50 $22.50 $ 1,125.00 7 Misc, Valve Stems EA 30 $2.50 $75.00 Total $26,346.50 Grou 2 -Medium Tires to Class 8 Tires Item Description Unit 3-Year Unit Total Price Qty Price 8 Service Call EA 300 $53.00 $15,900.00 9 Service Call - After Hour EA 90 $70.00 $6,300.00 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 10 Service Call - Holiday EA 21 $70.00 $ 1,470.00 11 Out of Town Mileage Per Mile 300 $.55 $ 165.00 12 Mount and Dismount EA 4500 $18.00 $81,000.00 13 Tire Repair EA 50 $31 .50 $ 1,575.00 14 Misc, Valve Stems EA 30 $3.50 $ 105.00 * Total -$4F30,-34A7@&- $1,b6,515.00 Group 3 -OTR (Off the Road) Tires NOT AWARDED Group Item Description Unit 3-Year Unit Total Price Qty Price 15 Service Call A 90 $53.00 $4,770.00 16 Service Call - After Hou A 30 70.00 $2,100.00 17 Service Call - Holida A 2 70.00 $ 1,470.00 18 Out of Town Mileage Mi 1 5 $82.50 19 Mount and Dismount A below $see below 20 Tire Repair EA 50 $see below $see below 21 Misc, Valve Stems EA 30 $17.50 $525.00 Total $8,947.50 A primary and secondary contract will be awarded for each group, 600 of estimated quantities to the lowest cost provider and 40% to the second lowest provider. Actual quantity of material ordered from each vendor may vary depending on ability to supply the commodity when needed. Item Description Unit Price 19 Mount and Dismount (OTR Small) $21.50 Mount and Dismount (OTR Medium) $53.50 Mount and Dismount (OTR Large) $80.50 20 Flat Repair (OTR Small) $29.50 Flat Repair (OTR Medium) $61.50 Flat Repair (OTR Large) $83.00 *Math Error Primary Vendor for Group 1 &2 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 by endorsement, and a waiver of subrogation endorsement 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 Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. 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. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to Page 2 of 3 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Bond Requirements: No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:86AC5B40-ED22-4575-8C8B-AOBOB2A29F63 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required by this Agreement therefore, Section 8 warranty subsections(A) and (B) are null and void. Page 1 of 1 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 �yV SC G° a 0 H SERVICE AGREEMENT NO. 3359 U Mobile Tire Repairs for Fleet Maintenance yeanaonn!e� 1852 THIS Mobile Tire Repairs for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Vicente Cavazos Jr, dba Cavazos Tire Service ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mobile Tire Repairs for Fleet Maintenance in response to Request for Bid/Proposal No. 3359 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mobile Tire Repairs for Fleet Maintenance ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $10,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Benjamin Sanchez Department: Fleet Maintenance Phone: (361 )-826-1959 Email: BenjaminS@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers, BIdg.3B, Corpus Christi, Tx 78415 Phone: (361 )-826-1959 Fax: N/A IF TO CONTRACTOR: Vicente Cavazos Jr, dba Cavazos Tire Service Attn: Vicente Cavazos Jr Title: Owner Address: 3702 Morgan , Corpus Christi, TX. 78408 Phone: 361-765-1533 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 CONTRACTOI�ocuSigned by: Signature: U�L bs Printed Name: Vicente Cavazos Title: owner Date: 3/18/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3359 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 ATTACHMENT A: SCOPE OF WORK U + ]852 1.1 General Requirements/Background Information The Contractor shall provide mobile tire repairs as outlined in this Scope of Work. Repairs may be at offsite locations or at City facility locations. 1.2 Service Requirements A. Contractor shall provide mobile tire service for Fleet vehicles as needed during normal working hours and after hours. 1 . Normal working hours - Monday through Friday 7:00 am to 5:00 pm. 2. After hours-Monday through Friday, 5:01 pm to 6:59 am,weekends, and holidays. B. The City's Service Center Clerk will call the Contractor when a repair is needed. If the repair is needed after hours, the department with the request will contact the Contractor. C. The Contractor's response time will be no later than 30 minutes unless otherwise approved from the time the call is placed from City's Service Center Clerk. If Contractor is not available to respond to the service call, another Contractor will be called. D. Contractor shall call the City's Service Center's Clerk with the departure time and the arrival time. If the call is after hours, the Contractor will call the City Department that has requested the repair service. E. Contractor shall charge a one service call charge if multiple jobs are at the same job site. F. The service call shall include any fuel surcharge or mileage that would be individually charged. G. If tire is not repairable, the Contractor shall call the Service Center at 361-826-1916 and a tire will be pulled from stock. It is the Contractor's responsibility to pick up the tire from the Service Center and replace the tire. H. If tire is not in stock at the Service Center, a tire will be ordered by the Service Center and the Contractor will pick up tire or tires at the place of purchase the Fleet department has designated and return to replace the tire. I. The Contractor shall furnish its own tools to include floor jacks, jack stands, tire repair hardware such as patches, plugs, or any other tool needed for repairing tires. J. All tires removed by the Contractor shall be brought back to the Service Center for disposal. Page 1 of 2 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 1.3 Warranty Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions All repairs shall be completely documented by the Contractor. A copy of each repair slip will be provided to the City personnel on site at time of completion and shall provide the following information: 1 . Site location of the vehicle or equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. 4. Work Order Number. 5. Purchase Order Number. Page 2of2 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM Addendum 1 ai'oevoea 1852 RFB No. 3359 Mobile Tire Repair for Fleet Maintenance I PAGE 1 OF 1 Date: / - Zo, Z° L/ i Authorized Bidder: G�V4 .��,5 /r%'- ����� Signature: V, 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Group 1 - Light Passenger and Truck Tires NO Item Description Unit 3-Year Unit Total Price Qty Price 1 Service Call EA 300 $ 6S $ lR ovelf 2 Service Call - After Hour EA 60 $ 5.°�' $ 3. yov . =` 3 Service Call - Holiday XTAI j 21 $ S. $ 4 Out of Town Mileage it 50 $ $ S'7-3-,Zi 5 Mount and Dismount EA 330 $ ;b. $ 6,doo. = 6 Tire Repair EA 50 $ a.) c''- $ 7 Misc, Valve Stems EA 30 $ S, $ /SO Total $ 3-1,s-79,s-p Grou 2 - Medium Tires to Class 8 Tires NOT AWARDED Item Description Unit 3-Year Unit Total Price Qty Price 8 Service Call EA 300 $ $ 9 Service Call - After Hour EA 90 $ 65-.°% $ DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 10 Service Call - Holiday 21 $ 5• $ 6S . 11 Out of Town Mileage e 300 $ $ 3z/3"• 12 Mount and Dismount 500 $ 20,"' $ l315 eoo^ 'd 13 Tire Repair EA 50 $ "30, $ i �v 14 Misc, Valve Stems EA 30 $ `-7, "p Total $ 431,770, A" Group 3 - OTR Off the Road Tires Item Description Unit 3-Year Unit Total Price Qty Price 15 Service Call EA 90 $ S" $ So. 16 Service Call - After Hour EA 30 $ $ 1 9s0 • `` 17 Service Call - Holiday EA 21 $ S.°= $ ► 361;-, 18 Out of Town Mileage Per Mile 150 $ $ I`7a.-�-o 19 Mount and Dismount EA 90 $ 1-i-0. `: 20 Tire Repair EA 50 $ -elj $oZ a ."= 21 Misc, Valve Stems EA 30 $ /0� $ oa. C' Total $ q37 A primary and secondary contract will be awarded for each group, 60% of estimated quantities to the lowest cost provider and 40% to the second lowest provider. Actual quantity of material ordered from each vendor may vary depending on ability to supply the commodity when needed. Awarded Primary Group 3 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy 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 by endorsement, and a waiver of subrogation endorsement 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 Bodily Injury and Property Damage cancellation, non-renewal, material change, or termination required on all Per occurrence - aggregate certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. 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. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to Page 2 of 3 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Bond Requirements: No bonds are required, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 06/08/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:21E2CB81-E60E-47C1-9AD9-E5B042FCBB63 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required by this Agreement therefore, Section 8 warranty subsections(A) and (B) are null and void. Page 1 of 1 SC �o _7.h of Off' H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 27, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1966 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase and Lease-Purchase of Transfer Trailers CAPTION: Motion authorizing the purchase of two replacement transfer trailers for$167,806 and the lease-purchase, through JP Morgan, of one new transfer trailer from Spector Manufacturing, Inc. of St. Claire, Pennsylvania, for $88,237.90 for a total amount of $256,043.90 to be utilized by Solid Waste Operations; effective upon issuance of a letter of acceptance, with FY 2021 funding in the amount of not to exceed $167,806 available through the Equipment Replacement Fund, with lease purchase payment commencing in FY 2022. SUMMARY: This motion authorizes the replacement purchase of two transfer trailers for a total of $167,806 and one new unit for lease-purchase in the amount of$88,237.90 to be utilized by Solid Waste Operations. BACKGROUND AND FINDINGS: Solid Waste Services currently has a need for transfer trailers. The trailers will be used to haul waste from the JC Elliott Transfer Station to the Cefe Valenzuela Landfill. These units will replace three trailers that have been in operation beyond their 10-year service life. Depending on manufacturing and production schedules, it typically takes six to nine months to receive these trailers from the date of order. Payments will commence in FY2022, after equipment has been received. Funding has been requested in the FY2022 budget. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bid process to obtain bids. The City received three bids and is recommending award to the lowest responsive, responsible bidder, Spector Manufacturing, Inc. ALTERNATIVES: An alternative is to do without the replacement trailers and continue using the older trailers which limits the department's ability to meet mission requirements due to the increasing age and increased maintenance requirements. FISCAL IMPACT: The fiscal impact for the Solid Waste Operations in FY 2021 for the purchase and lease- purchase is $175,159.15. The remaining cost of $80,884.75 will be budgeted during the annual budgeting process. Financing for the lease-purchase of one East Walking Floor Transfer Trailer is based on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated payment of $17,647.58. The total estimated cost over the five-year period, including principal of $83,903.00 and interest of $4,334.90 is $88,237.90. Total Lease-Purchase Price: $ 83,903.00 Total estimated allowable interest for Lease: $ 4,334.90 Grand Total: $ 88,237.90 FUNDING DETAIL: Fund: 5111 Equipment Replacement Fund Organization/Activity: 12500 Solid Waste Administration Mission Element: 201 Manage Fleet Inventories Project # (CIP Only): Account: 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of two and the lease- purchase of one trailer from Spector Manufacturing, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Bid Tab ov City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No.3515 Senior Buyer: Tracy Garza Purchase of East Walking Floor Trailers SPECTOR MANUFACTURING, WARREN TRUCK AND TRAILER, INC. EAST MANUFACTURING CORP. LLC St.CLAIR,PA RANDOLPH,OH TALCO,TX Item Description QTY UNIT Unit Price Total Price Unit Price Total PriceUnit Price Total Price 1 East Manufacturing Aluminum 3 EA $83,903.00 $251,709.00 $ 90,000.00 $ 270,000.00 $ 92,010.00 $ 276,030.00 Trailer with Keith WalkingFloor Total $251,709.00 $ 270,000.00 $ 276,030.00 Walking Floor Transfer Trailer INIT", . .......... - 4 -- I i a k \ y.. xL 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 27, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste David L3Ca-)cctexas.com (361) 826-1966 Peter Collins, Chief Information Officer Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Mettler Databridge Upgrade for Solid Waste CAPTION: Resolution authorizing a three-year service agreement with A-1 Scale Services, Inc. of San Antonio, Texas, in an amount of $91,136.00 for installation and upgrade of the Mettler Toledo Databridge System software to replace the outdated Mettler Toledo Autoscale system utilized by the Cefe Valenzuela Landfill and the JC Elliott Transfer Station, effective upon issuance of a notice to proceed, with FY 2021 funding available through the General Fund. SUMMARY: This resolution is to purchase and install the Databridge Multi-Scale (MS) landfill scale software, with camera hardware, from A-1 Scale to replace the outdated Mettler Toledo Autoscale system utilized by the Cefe Valenzuela Landfill and the JC Elliott Transfer Station. BACKGROUND AND FINDINGS: The City of Corpus Christi utilizes scales to assess fees and to record the amount of waste disposed at the City's disposal facilities. In addition to providing a basis for fees charged by the facilities, the scale data is used for landfill management and regulatory reporting. The Databridge MS system simplifies complex transactions with customizable real-time reports, automates transactions of the Cefe Landfill unattended scales, and provides digital images of scale transactions. The existing scale system, AutoScale Mettler Toledo, is being phased out due to outdated technology and it will not be a supported by A-1 Scales in future years. The City of Corpus Christi previously updated the scale hardware at the city's landfills in preparation for Databridge MS software requirements. PROCUREMENT DETAIL: This is a sole source procurement. A-1 Scale Services, Inc. is the sole source distributor of the Mettler Toledo hardware and software conversions and upgrades. The Databridge software and products are proprietary to Mettler Toledo and there is no other vendor and service organization that is permitted to service, install, or upgrade the system. ALTERNATIVES: An alternative would be not to upgrade the scale system software and subject the scale operations at risk without support, enhancements, and updates. FISCAL IMPACT: The fiscal impact for General Fund in FY 2021 is an amount not to exceed $91 ,136.00 to purchase and install the Databridge MS landfill scale software, with camera hardware, from A-1 Scale Services. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12500 Solid Waste Administration Mission Element: 033 Landfills Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this resolution to purchase and install the Databridge MS landfill scale software, with camera hardware, from A-1 Scale Services. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Resolution Resolution authorizing a three-year service agreement with A-1 Scale Services, Inc. of San Antonio, Texas, in an amount of $91,136.00 for installation and upgrade of the Mettler Toledo Databridge System software and cameras for the Solid Waste Department, effective upon issuance of a notice to proceed, with FY 2021 funding available through the General Fund. WHEREAS, A-1 Scale Services, Inc. will provide professional services, hardware and software upgrade to replace the Mettler Toledo Databridge System; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve of protect the public health and safety of the City's residents; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase is available from only one source due to captive replacement parts or components for equipment. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a service agreement for installation, hardware, and software to upgrade the Mettler Toledo Databridge System from A-1 Scale Services, Inc. from San Antonio, Texas for an amount not to exceed $91 ,136.00. A copy of the agreement will be on file in the Office of the City Secretary. Page 1 of 2 PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 2 of 2 City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Mettler Databridge Upgrade for Solid Waste Sole Source A-1 Scale Services, Inc. San Antonio,TX Item Description Qty Cost Total 1 Software AS to DB MS 2 $3,885.00 $7,770.00 2 Software AS Client to DB MS Client 7 $398.00 $2,786.00 3 Software CMRS to DB ES Upgrade 1 $5,350.00 $5,350.00 4 Software AS UNAT to DB UNAT 2 $740.00 $1,480.00 5 AS CMRS client upgrade to ES Client 16 $660.00 $10,560.00 6 Inerfaces: Cash Export, Invoice, Permit 3 $2,500.00 $7,500.00 7 Software DB MS Database Plug-In 3 $440.00 $1,320.00 8 Software DB ES Link 2 $1,335.00 $2,670.00 9 11 DB or ES custom report package 1 $7,000.00 $7,000.00 10 Project Management 4 $1,500.00 $6,000.00 1 1 On site Installation,set up and train 10 $2,295.00 $22,950.00 12 Local Service (A1 Scale Co) on site 3 $1,600.00 $4,800.00 13 Software DB MS Image Capture 6 $1,130.00 $6,780.00 14 Camera,TCP/IP/ POE, Hkvision,3MP 6 $695.00 $4,170.00 Total $91,136.00 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 SC SERVICE AGREEMENT NO. 100395 U Mettler Databridge Upgrade for Solid Waste ya er p R n14O xs5a THIS Mettler Databridge Upgrade for Solid Waste Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and A-1 Scale Services Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mettler Databridge Upgrade for Solid Waste in response to Request for Bid/Proposal No. 100395 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mettler Databridge Upgrade for Solid Waste ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for three years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $91 ,136.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Laura Shull IT Department Phone: 361 .658.3584 LauraHCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must 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 postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Laura Shull Database Administrator 1201 Leopard St., Corpus Chirsti, TX 78401 Phone: 361 .658.3584 Fax: n/a IF TO CONTRACTOR: A-1 Scale Services, Inc. Attn: Chris Buchhorn Representative 4807 N.W. Industrial Dr., San Antonio, TX 78238 Phone: 210.521 .7848 Fax: 210.521 .1333 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 CONTRACTOR Signed by: Signature: _11S b�'��616F08AF479... Printed Name: chris Buchhorn Title: President Date: 4/1/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 100395 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 4pt3S ATTACHMENT A: SCOPE OF WORK PROJECT NAME: Mettler Databridge Upgrade for Solid Waste Services PROJECT ADDRESSES: Cefe Landfill 2397 County Rd. 20, Robstown, TX 78380 JC Elliott Transfer Station 7001 Ayers St., Corpus Christi, TX 78416 City Hall 1201 Leopard, Corpus Christi, TX 78401 Scope of Work A. The Contractor shall deliver the following Mettler Toledo product and services: Description Product ID Software AS to DB MS 30454209 Software ASClientto DB MS Client 30454210 Software CM RS to DB ES Upgrade 30454211 Software AS UNATto DB UNAT 30454212 AS CMRSclient upgrade to ES Client 30097616 Interfaces:Cash Export,Invoice,Permit 30097616 Software DB MS Database Plug-In 30313081 Software DB ES Link 30215026 11 DB or ES custom report package 30097616 Project Management 30097616 On site Installation, set up and train 30097616 Local Service(A1Scale Co) on site 30097616 Software DB MS Image Capture 30215051 *Camera,TCP/IP,POE,Hkvision,3MP 30256110 B. The Contractor shall provide eleven (1 1 ) custom developed/built reports per the client's requirements for this project. C. The Contractor shall include the coordination and management tasks for the associated project. Including, but not limited to: scheduled milestone conference calls, delivery, coordination, resource management, task management and service coordination. Page 1 of 2 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 D. The Contractor shall include Onsite Installation, Setup and Training line item on the quote allows for the implementation and training tasks associated to the project. Including, but not limited to: installation of site controlling software at the assigned number of sites based off of software licensing, configuration of the software at each site for optimal operation, installation of Enterprise Site software and associated clients, configuration of the System for bi-directional communication of data from all local sites to the Enterprise location and training of supervisors and operators on the appropriate operation of the System. E. The Internal Point of Contact will ensure that all infrastructure for power, networking and other essential connectivity will be available prior to implementation of the System. All server and PC workstations will be available, and an IT resource will be available for the required administrative rights to perform the Professional Services detailed below. F. Warranty on Hikvision's DS-2CD2012WD-I IR Mini Bullet Network Cameras is for 36 months. Page 2 of 2 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 _.1t B: Bid/Pricing Schedule 4807 N.W.Industrial Dr. San Antonio,TX. 78238 0 Phone(210)521-7848 Fax(210)521-1333 td WWW.AlSCALE.COM Serving South and Central Texas SCALE METTLER TOLEDO Mettler Toledo Field Representative N. Authorized Distributor ISO 17025 Accredited �CA Testing and Calibration March 10, 2021 Quote Valid for (90) Days City of Corpus Christi 2525 Hygeia St. Corpus Christi, TX 78415 RE:Auto Scale to DataBridge MS w/Camera System ATTN: Mr. Paul Bass PaulB@cctexas.com Per our discussion, METTLER TOLEDO products represent a valuable combination of performance, accuracy, and precision. In addition, our field service organization is comprised of factory-certified technicians who are trained to meet high quality standards. You can also log on to www.mt.com for up-to-date application and operation details. Description Product ID Qty Per Ext Software AS to DB MS 30454209 2 3,885.00 7,770.00 Software AS Client to DB MS Client 30454210 7 398.00 2,786.00 Software CMRS to DB ES Upgrade 30454211 1 5,350.00 5,350.00 Software AS UNAT to DB UNAT 30454212 2 740.00 1,480.00 AS CMRS client upgrade to ES Client 30097616 16 660.00 10,560.00 Interfaces: Cash Export, Invoice, Permit 30097616 3 2,500.00 7,500.00 Software DB MS Database Plug-In 30313081 3 440.00 1,320.00 Software DB ES Link 30215026 2 1,335.00 2,670.00 11 DB or ES custom report package 30097616 1 7,000.00 7,000.00 Project Management 30097616 4 1,500.00 6,000.00 On site Installation, set up and train 30097616 10 2,295.00 22,950.00 Local Service (Al Scale Co) on site 30097616 3 1,600.00 4,800.00 Software DB MS Image Capture 30215051 6 1,130.00 6,780.00 *Camera, TCP/IP,POE Hkvision, 3MP 30256110 6 695.00 4,170.00 91,136.00 *Mounting and/or running wiring for Camera's is not covered in this quote. A-1 Scale can provide a quote for this service once a mounting location is assigned for each camera. Approximate lead time excluding transport: 1 working day, shipping from: Columbus, OH If you have any questions or require more information, please do not hesitate to contact me. Thank you in advance, Page 1 of 1 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy 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 by endorsement, and a waiver of subrogation endorsement 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 Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (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. CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 Aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury WORKERS' COMPENSATION Statutory and complies with Part II (All States Endorsement if Company is of this Exhibit. not domiciled in Texas) Page 1 of 3 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 Employers Liability $500,000/$500,000/$500,000 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor 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 statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. 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 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • 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 2of3 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 • 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. 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 7-H IT Contracts-Software Support, Configuration, Implementation and Maintenance- Hardware Installation 04/14/2020 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:8BCBDOB6-42E1-4EFE-B468-FC29FO5F5443 Attachment D: Warranty Requirements 1 . Warranty for Hikvision's DS-2CD2012WD-I IR Mini Bullet Network Cameras is for 36 months. Page 1 of 1 �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of April 27, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Kevin Norton, Director of Utilities kevinna-cctexas.com (361) 826-1874 Heather Hurlbert, CPA, Finance & Business Analysis Heatherh3a-cctexas.com (361) 826-3227 Master Services Agreement Utilities Permitting Assistance CAPTION: Motion awarding a Master Services Agreement for Utilities Permitting Assistance to Plummer Associates, Inc., Austin, Texas, for permitting and regulatory assistance for the City's water and wastewater treatment plants, located Citywide, in an amount up to $230,000 for the initial term, with four renewal options to be administratively authorized for a total amount not to exceed $1,150,000.00, and with FY 2021 funding available from the Water and Wastewater Capital Funds. SUMMARY: This motion approves a Master Services Agreement (MSA) to provide water and wastewater treatment plant permitting and regulatory assistance. The MSA will assist with regulatory permitting and compliance issues for the City's six wastewater treatment plants and water treatment plant. This includes, but is not limited to, review of permit applications, preparing documentation for regulatory reporting, and addressing regulatory enforcement letters. BACKGROUND AND FINDINGS: The City owns and operates six wastewater treatment plants and one water treatment plant. The City's wastewater and water treatment plants are regulated by the Texas Commission on Environmental Quality (TCEQ) as a part of the Clean Water Act (CWA). The wastewater system serves a population of 324,074 within a 137 square mile area of the Corpus Christi city limits. On average, 28 million gallons of wastewater are treated daily at six wastewater treatment plants. The wastewater is collected and transported to treatment facilities through a system of pipes and pump stations. The wastewater is treated at the wastewater treatment plant before discharging into the receiving waters or for reuse. The City of Corpus Christi Water Department serves nearly 500,000 citizens of Corpus Christi and the Coastal Bend. The City supplies water for municipal and industrial use in a seven-county service area covering 140 square miles. Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority and the Violet Water Supply District.Water is drawn from the Lake Corpus Christi and Choke Canyon Reservoir System, both within the Nueces River Basin, and from Lake Texana via the Mary Rhodes Pipeline. Approximately 28 billion gallons of water are treated each year. Water infrastructure has a rated capacity of 167 million gallons per day, which is well above the peak summer demand of as much as 110 million gallons per day. Water and wastewater treatment facilities and operations must maintain compliance with all state and federal regulations. The services through the MSA will help the City maintain permit compliance at all treatment facilities. The previous MSA contract with Plummer Associates, Inc., covered only wastewater and expired on January 25, 2021 when it reached capacity of the contract limit. The expired MSA which only covered wastewater with Plummer was for $160,000 for one year with four one-year renewal options for a total not to exceed amount of$800,000.00. The MSA contract is for a one-year term with four one-year renewal options to be administratively authorized. Individual task orders will be issued for support with the wastewater and water treatment plants. The annual budgeted amount is$180,000 for wastewater and $50,000 for water. The proposed MSA reflects the previous contract options of one-year term with four one-year renewal options. The new MSA contract is required to review permit applications, review draft permits, coordinate with regulatory agency, assist with preparation of responses to regulatory enforcement letters, and assist with decommissioning of treatment plant processes. This contract will cover services for the following wastewater and water plants: • Allison Wastewater Treatment Plant (WWTP) • Broadway WWTP • Greenwood WWTP • Laguna Madre WWTP • Oso WWTP • Whitecap WWTP • O.N. Stevens Water Treatment Plant COMPETITIVE SOLICITATION PROCESS Plummer Associates, Inc., was selected for the Utilities Permitting Assistance project in February 2021 under RFQ 3288. Utilities Permitting Assistance was the only project announced under the RFQ. Two firms submitted for the Utilities Permitting Assistance project. Plummer Associates, Inc., was the highest ranked firm. The selection committee consisted of representatives from Engineering Services and the Water Utilities Department. Firms were ranked based on three factors: 1) firm's experience, 2) team's experience, and 3) understanding of project scope. Plummer Associates, Inc., has more than 20 years working with the City. Some of the projects completed for the City includes the Allison WWTP TPDES Permit Renewal and Regulatory Support, Greenwood WWTP TPDES Permit Renewal and Regulatory Support, Oso Bay Dissolved Oxygen Criteria Revision, Pollywog Ponds Permitting and Certification, and Pretreatment Program/Technically Based Local Limits Development. ALTERNATIVES: Not awarding this MSA will result in delays to required wastewater and water permits which may result in fines by regulatory agencies. FISCAL IMPACT: The fiscal impact for the FY 2021 is an amount of $230,000.00 with funding available from the Water and Wastewater Capital Funds. Specific funding details will be determined at the time a task order is issued. FUNDING DETAIL: Funding will be allocated from appropriate fund sources as the various projects are identified. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to Plummer Associates, Inc., in the amount of $230,000.00 for one-year term with four one-year renewal options to be administratively authorized for a total contract amount not to exceed $1,150,000.00. The services are planned to start in May 2021 with completion in May 2022. LIST OF SUPPORTING DOCUMENTS: Location Map Contract Evaluation Matrix N SCALE: N.T.S. O.N STEVENS W.T.P ALLISON W.W.T.P 181 II uirwM.' BROADWAY W.W.T.P GREENWOOD W.W.T.P OSO W.W.T.P 86 LAGUNA MADRE W.W.T.P WHITECAP W.W.T.P AERIAL MAP NOT TO SCALE Project Number: 20286 CITY COUNCIL EXHIBIT UTILITIES PERMITTING ASSISTANCE CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES N SCARE: N.T.S. Ole Gregory Dobe Q O.N STEVENS W.T.P orUon ALLISON W.W.T.P Ingl NU NUECES BAY ANNAVILLE 77 A CORPUS CHRISTI � o BROADWAY W.W.T.P q LEOPARD C d STOWN ° z 44 coRPus cNwsn n 86 iNmeNAno,�u� 58 aRPORr\\\\\\�IIIIIII CORPUS CHRISTI BAY c GREENWOOD W.W.T.P SAJ,o OSO W.W.T.P De UNWR� y �� DRPUS DHRI" cAeAwss OSO BAY Q CORPUS cHRSTI ELp Q VAL MR SEAM N ,9 OUR BLUFF e ses LAGUNA MADRE W.W.T.P 8 � 3 d z�sa i LAGUNA Pzz NADRE WHITECAP W.W.T.P LOCATION MAP NOT TO SCALE Project Number: 20286 CITY COUNCIL EXHIBIT UTILITIES PERMITTING ASSISTANCE CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 s� SERVICE AGREEMENT NO. 3288 w > MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES U FOR PROJECT 20286 - UTILITIES PERMITTING ASSISTANCE �N�ORPnPPS Ea 1852 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) and Plummer Associates, Inc. 6300 La Calma Suite 400 Austin,Texas78752(Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE II COMPENSATION.................................................................................................3 ARTICLE III QUALITY CONTROL PLAN..................................................................................4 ARTICLE IV INSURANCE REQUIREMENTS...........................................................................4 ARTICLE V INDEMNIFICATION ..............................................................................................4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE.................................4 ARTICLE VII TERMINATION OF AGREEMENT .......................................................................5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT .........................................................................6 ARTICLE IX OWNER REMEDIES ............................................................................................6 ARTICLE X CONSULTANT REMEDIES..................................................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ...............................................................7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................9 EXHIBITS Pagel Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All 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. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are issued the fully executed Task Order to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. Page 2 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. 1.10 For project with potential utility conflicts: 1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed $230,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Page 3 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 ARTICLE III —QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV— INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results 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 or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. 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. ARTICLE VI —TERM; RENEWALS; TIMES FOR RENDERING SERVICE Page 4 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 6.3 The term of this Agreement shall be for a period of one year beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement may be renewed for up to four (4) renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. Page 5 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, Page 6 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 21 calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request Page 7 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute,then the Parties shall proceed with the mediation process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than 30 or more than 90 calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within 30 calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement shall be construed to waive City's governmental immunity from lawsuit, which immunity is expressly retained to the extent it is not clearly and unambiguously waived by state law. Page 8 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. 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. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf—info—forml295.htm. The form must then be printed, Page 9 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 12.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. 12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. Page 10 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 CITY OF CORPUS CHRISTI PLUMMER ASSOCIATES, INC. DocuSigned by: o� �� 4/5/2021 Michael Rodriguez (Date) Rexu��nt (Date) Chief of Staff Principle 6300 La Calma Suite 400 Austin, Texas 78752 (512) 452-2325 rhunta-plummer.com APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 11 Rev. 20-5 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 oUsc EXHIBIT A 0 � H SCOPE OF SERVICES U HORPORp�E 1852 The City of Corpus Christi requires Water and Wastewater Treatment Plant Permitting Assistance related to regulatory requirements and issues for the City's six (6) Wastewater treatment plants and O.N. Stevens Water Treatment Plant. The Scope of Work may include: • Review of permit applications • Review of draft permits • Regulatory agency interaction and coordination • Assistance in preparation of City position and response to specific regulatory requirements and issues • Assistance with the preparation of responses to regulatory enforcement letters • Assistance with full and partial decommissioning of treatment plant processes • Assistance with Pollywog permitting • Assistance with other wastewater or water quality regulatory issues related to the operations of the Wastewater Department's collection system, treatment plants or receiving streams • Advising the City of the anticipated regulatory permit requirements and rule changes for treatment process infrastructure investment planning purposes Master Services Agreement DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 PLUMMERs <w 2019-276-00 March 2, 2021 Ms. Sandra Gomez, P.E. Engineer IV City of Corpus Christi 4925 Holly Street Corpus Christi, Texas 78411 Re: City of Corpus Christi Utilities Permitting Assistance RFQ No. 3288—Plummer Associates, Inc. 2021 Rate Schedule Dear Ms. Gomez: We appreciate you and your colleagues with the City taking time to discuss the scope of work for Utilities Permitting Assistance RFQ last week with us. As you requested, please find attached the 2021 Rate Schedule for Plummer. We understand that this is all that you need from us at this time to provide to the City Council regarding the approval of the contract. Based on the RFQ provided by the City, Plummer's primary focus under this contract will include, but is not limited to supporting the City in areas such as the review of permit applications, review of draft permits, regulatory agency interaction and coordination, assistance in preparation of City position and response to specific regulatory requirements and issues, assistance with full and partial decommissioning of treatment plant processes, assistance with Pollywog permitting, assistance with other wastewater or water quality regulatory issues related to the operation of the Wastewater Department's collection system,treatment plants, or receiving streams, and advising the City of the anticipated regulatory permit requirements and rule changes for treatment process infrastructure investment planning purposes. In addition to these areas, Plummer will be available to assist the City in any number of other ways related to water and wastewater as needed. The first task we envision beginning under the contract will be supporting the City with the multi-sector general permit (MSGP) renewal for all 6 WWTPs. This task will require immediate attention. In addition to this task, a task will also be necessary to support the City with its ongoing TPDES permit issues. We look forward to working with the City to get the contract underway. If you have any questions or if you require any additional information please do not hesitate to contact me via phone at 512-923-5580, or via email at tkoenings@plummer.com@plummer.com. 6100 La Calma Drive,Suite 400 Austin,Texas 78752 Phone 512.452.5905 Fax 512.452.2325 plummer.com TBPE Firm No.13 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 PLUMMERs <w Sincerely yours, PLUMMER Tres Koenings Senior Project Manager TK Attachment cc: Ms.Jennifer Rodriguez, City of Corpus Christi 6100 La Calma Drive,Suite 400 Austin,Texas 78752 Phone 512.452.5905 Fax 512.452.2325 plummer.com TBPE Firm No.13 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 ATTACHMENT PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2021 Staff Description Staff Code 2021 Rate Admin Staff Al —A2 $ 80.00 Admin Staff III A3 $ 89.00 Senior Admin Staff A4 $ 118.00 Field Tech I LS1 $ 80.00 Field Tech II LS2 $ 95.00 Survey Specialist I LS3 $ 105.00 Survey Specialist II LS4 $ 115.00 Survey Analyst LS5 $ 135.00 Engineer/Scientist Intern ESO $ 60.00 Engineer-in-Training/Scientist-in-Training ES1 $ 102.00 Engineer-in-Training/Scientist-in-Training II ES2 $ 109.00 Engineer-in-Training/Scientist-in-Training III ES3 $ 112.00 Project Engineer/Scientist ES4 $ 122.00 Senior Project Engineer/Scientist ES5 $ 175.00 Project Manager ES6 $ 200.00 Senior Project Manager ES7 $ 240.00 Principal I ES8 $ 297.00 Billing rates may be adjusted by up to 2 percent annually(at the beginning of each calendar year) during the term of this agreement. DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 0 0 0 0 0 0 0 0 0 0 0 0 �, rte+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o M o 0 o m m m U) M LO o Q 0 0 0 0 0Lf) 0 0 ~ ~ ~ O O O M i O L() co N CO N s c o E 0 o U a� LU -0 >I. 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U) Na)lWW ,u) + O N O V C N N Z N y N m tU- U O 0 t d U 0 N > N LL NW a > O N a > N .� d CO-Fu p c o 0) � Q F O U 0 � 0 .c � Q 0 E ° � � a d N _ U a= G> > J N R N 70 O m N U m 3 O O a c�II m d Q m U U) Q a a 0 c) c) cn m Q H Z Q = = Exhibit C Page 1 of 1 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 EXHIBIT D Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance 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. 1 .2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have 3-year reporting period provisions and identify any limitations regarding who is insured. 1 .3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1 .4 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, with the exception of professional liability, which may be on a per claims made 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. Consultant is required to provide City with renewal Certificates. 1 Rev 01/20 DocuSign Envelope ID:3AOC315E-E257-46E6-83DA-85B7738D4ED8 1 .5 Consultant is required to 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1 .6 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: 1 .6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1 .7 Within five (5) calendar days of a suspension, cancellation or non-renewal 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. 1 .8 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 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 agreement. 1 .10 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 agreement. 1 .11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2 Rev 01/20 RFQ NO.3288- Utilities Permitting Assistance Jennifer Rodriguez Proposal Evaluation BV Black&Veatch Plummer MINIMUM QUALIFICATIONS (PASS/FAIL) Pass Pass Licensing/Certification No material lawsuits during last 5 years No material regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (50 PTS) 43 48 Firms'Experience(15 pts) 14 15 Team's Experience(15 pts) 13 14 Understanding of Project Scope (20 pts) 16 18 INTERVIEW(50 PTS) 42 48 Firms'Experience(15 pts) 13 14 Team's Experience(15 pts) 13 14 Understanding of Project Scope(20 pts) 16 19 Total 85 96 se G� O� H V oRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 27, 2021 DATE: April 20, 2021 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Discussion with possible action to amend City Council Policies, Rules of Procedure, regarding the Motion to Reconsider CAPTION: Discussion with possible action to amend City Council Policies, Rules of Procedure, regarding the Motion to Reconsider. SUMMARY: The City Council asked staff for options to provide more public notice when a Council Member makes a motion to reconsider per City Council Policy 16.n. BACKGROUND AND FINDINGS: City Council Policy 16.n. currently states that "any member of the Council who voted with the prevailing side on any question may move its reconsideration no later than the next regular meeting; reconsideration shall require a two-thirds vote of the Council." Currently, a motion to reconsider is made under Section I, Explanation of Council Action, of the City Council agenda. The agenda language says "a motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item." This wording allows for the motion to reconsider to be made and acted on without specifically posting it on an agenda. Past practice has been if the motion to reconsider was passed, then the reconsidered item was discussed and voted on at the very same meeting. A few Council members asked staff to present options allowing for more public notice when a motion to reconsider is made. Staff looked at the city council meeting rules of procedure for the top 7 cities (by population) in the state. Three cities - Austin, San Antonio, and EI Paso - followed Robert's Rules of Order as follows: 1) the motion to reconsider had to be made on the same day the original vote was taken; 2) a member on the prevailing side had to make the motion; and 3) the motion required a majority vote to pass. Like Corpus Christi, three cities - Dallas, Fort Worth, and Arlington - allowed for a motion to reconsider to be made at the next regular Council meeting. Unlike Corpus Christi, however, said cities did not act on the reconsidered item at that meeting unless the item was posted on the agenda per the Open Meetings Act. ALTERNATIVES: Option 1 — Change Council Policies to follow Robert's Rules of Order. A motion to reconsider 1) would have to be made on the same day the original vote was taken; 2) a member on the prevailing side would have to make the motion; and 3) the motion requires a majority vote to pass. Option 2—Amend the existing process by requiring the motion to reconsider to be placed on the agenda per the Open Meetings Act. A council member who voted on the prevailing side of an issue and who wished to make a motion to reconsider would notify the City Secretary in writing no later than one day before the 72-hour posting requirement for the next regular meeting agenda. A second Council member wishing to second the motion would also provide written notice. Once written notice from said two Council members was received, then the City Secretary would place the motion to reconsider on the agenda for the next regular Council meeting. A notice would be placed on the agenda advising the public that if the motion to reconsider was approved, then the item would be heard at the same meeting. The motion to reconsider would require two-thirds vote to pass. Example: Tues., June 8, 2021 Council passes an ordinance approving a zoning change. Fri., June 11, 2021 Two Council members wishing to reconsider, one on the (by 11:30 a.m.) prevailing side of the issue and one seconding the motion, would notify the City Secretary in writing by 11:30 a.m. The motion to reconsider would be posted on the next regular Council meeting agenda (June 151h) Tues., June 15, 2021 Motion to reconsider ordinance approving zoning change would be voted on. If the motion passed by two-thirds vote, then the ordinance would be voted on at the same meeting. Option 3— Make no changes. FISCAL IMPACT: N/A RECOMMENDATION: Staff is recommending Option 1 —Change Council Policies to follow Robert's Rules of Order. SUPPORTING DOCUMENTS: Resolution (Option 1) — Roberts Rules of Order Resolution (Option 2) — Require Posting on an Agenda (OPTION 1) Robert's Rules of Order RESOLUTION AMENDING CITY COUNCIL POLICIES REGARDING MOTION TO RECONSIDER Be It Resolved by the City Council for the City of Corpus Christi, Texas: That City Council Policy No. 16 n. regarding Motion to Reconsider is amended to delete the struck through text and insert the underlined text as follows: 16. - Conduct of meetings; rules of procedure. n. Motion to Reconsider. ARY member of the Ge- prUil vVheyefedyVifh the preyailiRg Side b g brei ight6as Pe�e�asi.Pc66; �;;t GF bb re Tt rrealarr TM88tiRg. A motion to reconsider is governed by the most current edition of Robert's Rules of Order, and the motion to reconsider may only be made before the end of the meeting. PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor (OPTION 2) RESOLUTION AMENDING CITY COUNCIL POLICIES REGARDING MOTION TO RECONSIDER Be It Resolved by the City Council for the City of Corpus Christi, Texas: That City Council Policy No. 16 n. regarding Motion to Reconsider is amended to add the underlined text as follows: 16. - Conduct of meetings; rules of procedure. n. Motion to Reconsider. Any member of the Council who voted with the prevailing side on any question may move its reconsideration no later than the next regular meeting; reconsideration shall require a two-thirds vote of the Council. The fact that a failed action is subject to such motion being made at the next regular meeting does not prevent it from being brought up as new business at or before the next regular meeting. A motion to reconsider a previous vote or action of the City Council shall only be permitted when the requesting Council member and the Council member seconding the request submit a written request to the City Secretary at least one business day prior to the expiration of the 72-hour posting deadline to request placement on the next regular City Council meeting agenda. Upon such written request, the City Secretary shall place such motion for reconsideration on the next regular City Council meeting agenda, and include a statement on the agenda that if the motion to reconsider passes by the required two-thirds vote, then the reconsidered item shall be voted on at the same meeting. PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of April 27, 2021 1852 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 16, 2021 TO: Peter Zanoni, City Manager FROM: Jonathan Atwood, Marina Manager Jonathana2tucctexas.com 361-826-3980 Corpus Christi Marina Dock Replacement CAPTION: Ordinance approving a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina in an amount up to $14,299,000.00; appropriating and transferring $14,299,000.00 from the Seawall Improvement Fund to the Seawall Capital Improvement Program Fund and appropriating therein; and amending the operating and capital budgets. SUMMARY: Amending the budget and appropriating funds of an amount up to $14,299,000.000 to address docks A, B, C, D, and L that have exceeded their life expectancy and are currently in disrepair and are contributing to the loss of revenue at the Corpus Christi Marina. BACKGROUND AND FINDINGS: During the Corpus Christi Business and Job Development Corporation (Type A) Board meeting on April 19, 2021, the Type A Board approved a resolution authorizing the expenditure of Seawall Funds in the amount of $14,299,000.00 for the Marina Capital Improvement Projects (CIP), replacing docks A, B, C, D, and L. Previous Marina leadership presented a short-range CIP plan to the Type A Board that focused primarily on facility improvements. The Type A Board approved the requested funding for the short-range CIP during the FY 2021 budget process. After a recent review of the Marina facility, the new Marina leadership has determined the CIP priorities should focus on infrastructure that supports revenue generation. The improvements to the docks were in future CIP years but the new Marina leadership made the request to the Type A Board to repurpose funds from future years and expedite total funding to FY 2021. ALTERNATIVES: City Council could choose not to approve funding, but the facilities will continue to deteriorate causing a loss to its customer base and continued reduced revenue. Businesses will be unable to sustain operations; thus, further impacting the Municipal Marina and the Downtown area. FISCAL IMPACT: The fiscal impact is $14,299,000.00 of Seawall unreserved fund balance to be transferred to a CIP fund for repairs to the Corpus Christi Marina. Funding Detail: Fund: 1120 Seawall Improvement Organization/Activity: NA Mission Element: NA Project # (CIP Only): NA Account: 251850 Unreserved Balance RECOMMENDATION: Staff recommends the approval of an amount up to $14,299,000.00 for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance approving a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina in an amount up to $14,299,000.00; appropriating $14,299,000.00 from the Seawall Improvement Fund; transferring funds in the amount $14,299,000.00 from the Seawall Improvement Fund to the Capital Improvement Program Fund and appropriating therein; and amending the operating and capital budgets. WHEREAS, on November 7, 2000, residents of the City of Corpus Christi ("City") passed Proposition 4, Seawall Improvement, which authorized the adoption of a sales and use tax for the promotion and development improvements to the downtown seawall and for maintenance and operating costs of said seawall improvements for the life thereof to be imposed for 25 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 4 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2001 , to be administered by the Corpus Christi Business and Job Development Corporation Board ("Board"); WHEREAS, the Board has determined that it is in the best interest of the citizens of the City that Seawall improvement funds be used to pay for a certain public improvement, namely the replacement of docks A,B,C,D, and L at the Corpus Christi Municipal Marina (the "Marina"); WHEREAS, the Project is consistent with the purposes for which the Seawall Improvement Fund was created and approved by the voters of the City; WHEREAS, the Marina is an integral part of the seawall complex that enhances the tourism or economic development value thereof; WHEREAS, replacement of docks A, B, C, D, and L will serve to beautify the seawall complex, increase safety, and eliminate an impediment to the commercial use of the Marina, thereby enhancing the value of the seawall as a facility that promotes new or expanded business development; WHEREAS, the Marina was constructed as part of the original seawall project, connects directly to the seawall, and is surrounded by seawall improvements, including the Seawall breakwaters; WHEREAS, the Marina is part of the downtown seawall and was included in seawall improvement project at the time that Proposition 4 was approved by voters; and WHEREAS, the replacement of docks A, B, C, D, and L is a Seawall improvement for purposes of the Seawall Improvement sales tax approved by the City's voters. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this project. SECTION 2. That funds in the amount of up to $14,299,000.00 are appropriated from the Seawall Improvement Fund 1120 unreserved fund balance for use on a seawall improvement project for the replacement of docks A, B, C, D, and L at the Corpus Christi Municipal Marina (the "Project"). SECTION 3. The FY2019-20 Operating Budget and Capital Budget adopted by Ordinance No. 031870 are amended to increase expenditures by $14,299,000.00. SECTION 4. That funds in the amount of up to $14,299,000.00 are transferred from the Seawall Improvement Fund 1120 to the CIP fund 3271 for the Project and appropriated therein for use on the Project. SECTION 5. The FY 2020-2021 Operating and Capital Budget adopted by Ordinance No. 032203 is amended to add the Project to the FY 2020-2021 CIP project list. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Issue • Previous marina leadership presented a Short-Range CIP that focused on facility improvements • Type A Board approved the requested funding for the Short-Range CIP • After a review of the facility, new marina leadership has determined CIP priorities should focus on revenue generation • New marina leadership recommends the Type A Board repurpose the funds and expedite total funding to FY21 MARINA FY 21 CIP PROGRAM SHORT RANGE Funal ng Funding MARINA SHORT-RANGE ME As cI April 2220 Programed for F_",ni ed for FY 20-2' FY 21 22 - sS Project} Project Name Rer��iiing Yaari Year2 Budget 21026 ®oat Hau16u4OTfc,Retail F-dity 500.X] 8.35.0001 21022 Landscaping andIrri Ia Rehab 4000 Facility Focus 21025 N¢„C¢were�.ta F—fily V5.0C] 3.079.000 21027 Nerr Peoples 13-rc alk 2.4.000 21021 Replace Peoples Boater Facility Roof 125,003 Revenue Focus z1gz5 R¢pla¢e Piers AHCCL )OC.OW 21026 l:pyrade Manna 4YI F I MARINA SHORT-RANGE TOTAL N0.09 13.511,000 FVntling Funding MARINA AYAILAELE FUNDING As M AprH 2029 Programed for Programed for FY 20-21 FY 21-22 Ertcomhrances 6 Revonua Source Remaining Y., Year2 budget Marina Fond Reserve 125,00 4.000 ypa N6 Sahs Tax TIS,]G] 13507.OM MARINA FUNDING TOTAL: - 900.000 1 15.511.om 1 The Center of Our Economic Hub n a a f# TC Ayer.Park ®eanf` e= _ • r : ;• , a a 9 � ' Frank's spagneli �` '- 0 bsc - _ k Selena Mem ORoy MllerHgh SCM1aoI � yyv 5 W 5 et 0ys�®ar -k _j, ......... r f pus Cl Holy Cross emetery �,s aaburger HIIIMemorial Park aaueria Ganbaltli®# a .rt� nr Co Nu9 n.ez - eresHrewing a a vCppaEl n-CorWS Chrlstl � § � y A m wn.s >, au.s w,• n� y y y n G-1-P011ero��TaQueria Jalisco.#1 null _ n �'Ye ung 0Th¢Coa,d —I,gbt 5quar - rues n ' ,rea cove L—d AutoZ¢Auto Pans a n colas CHRISTHS SPOH Fm_ E Hospnal Corpus Christ. pot uMorrgan M p M��sl Bien MErn And eakerye _ v C TY Taco Bell / pig rr = QMarina Del Sol 'mss„-vg QBoeI NNet Dove 3o Qwnatab�rger � �+ ms© � p nester c f s Po. „el a.,rn s d 1 + 9 9av�aa'a .e m� ��a o of d reP e r er p „'.� Z GP gee' ,., 01—d asci v - a �n ri a.n �i®� • a IJ PW wwo IA: �eE L ► • . �:e�_ 'moi. IA A!n - � ■ � �" s r "- i� n I-�sr' lip Itp ab Corpus Christi Marina Dock Replacement i. r Floating Docks A, B,C, D in need of Replacement • Life expectancy 25 years • Docks installed 1994 • Wood structure floating dock • Galvanized Hardware - - _ • Plastic flotation y - • Primarily used in a freshwater environment n , — • Older under sized electric cables ! ��� - • _ - - Older PVC plumbing – water pipes ` broke during freeze --- – '� • Unstable in waves 1 t �r +�F Vu 9` C µ F __�-� ori _ �• •� �_. 'S T p w p t' i f f P 1 � I j Dock L • Built in 1990 • Fixed wood piling and wood " I "fit decking IG . � - • Does not move with the tideLz - • Storm tides break the decking y� boards I oose • Older under sized electrical cables - • Older exposed PVC plumbing -- t s Marina Dredging Needed • Sailboats and larger ,,,, powerboats cannot s access many of the slips on L Dock due to the depth of the water. • Larger boats need deeper water — The average depth of the bay is 11ft 4nslkt st • Depth of the water was ` checked at high tide. 10 Old Power Pedestal E , • Wood construction with galvanized1 fasteners • Exposed electric conduit and plumbing lines • Large bulky meter box -- • No lighting on / pedestal - • Cable/internet box mounted on side — 'Y New Power Pedestals Lighthouse Power Pedestal All pedesta S areasseTLledl:ra wired and ready to install when delivere,t I?"—1 4z� L „ LED Lights ■ a Phrluue s'ardard � Amber Lens C ear tars nit niall RR Backlit — Backlit Faceplate White Rousing Easy rece,tac a;lug it at r ght Avai�able ir{h$ invfessosieel paw er cots a Two Lockable Door Corers u Digital Electronic Meter Option A'aterp oo` + Marine or RV Receptacles _ Single,dual,or comb ins tic ns available Two Shore Power Cords a. Bus Bar Wireless Remote Monitoring Up to 4 nTT wire bus hadLoop feed capable s; Software and bar-ware op'ien Ningless Base Standard Water Hose Brackets EasrAccess orinstanation and maintenance Dail valves optional 1/4 Turn Ball Valvas with 514"Noss Bibs Molded Mounting Tabs Single or duel options availah le with stainless steel handles 'g Heavy duty low Cable Brackets n_ Single or dual options available (Phone,Cable TV Connections„High Speed Internet p� ,.. c �l us l� Modern Concrete Marine Dock System • Life expectancy 40 — 50 years • Concrete structure floating dock �a-- - r • Aluminum and stainless hardware mounted to wood • Recommended for coastal -r > environment with hurricane potential • Updated HDPE plumbing — Port Aransas docklumbin survived .r p g freeze • Properly sized electrical cables for modern boat requirementsr, • Provides wave attenuations 13 Texas Marinas with Concrete Docks pti I .• "', ..__ ..__. a .. -+c�.r' -�" ���� -WJ The City of Aransas Pass located near Corpus Christi,Texas,opens new transient marina in t �7 iI.'.r: t, V.1"r�.!l s f,', I.1[ I: t'•I"II,P \ I It....nl WT11 i}I C.,,17.14�1r i}}aYlill Conn Brown Harbor, ,.,L I.t.I, I 1 1'. UTMSI - Port Aransas i?- 17 n. M 15 ........ Island Moorings — Port Aransas ry, ,., .�_�� �" -�-•rte'-�• y� - Island Moorings — Port Aransas "I Z4 \ Ilk - Port Aransas Municipal Marina m 14 s 4.1 r;;q! _ w r'Y,nr �.,�. �r p Port Aransas Municipal Marina T � e- ' c n. h -_w -K , .J P Slips Overview 629 Total Slips: • 496 floating slips on docks A,B,C,D,E,F,G,H,M,S,T,U • 107 fixed slips including L dock, stem, and people's boardwalk • 26 Dry stand slips 207 of 629 (33%) Slips to be replaced: • A,B,C,D - 162 Slips- 25-45ft Boats • L Dock - 45 Slips - 30-55ft Boats 20 Project Budget • A,B,C,D Replacement Cost $11,500,000 Nearly$15 million in CIP for FY 21 & 22 • L Pier Replacement Cost $3,500,000 • Dredging Estimate $5,000,0000 — To be covered with certificates of obligation • Total Costs $20,000,000 21 Economic Impact — Marina • Current Revenue: $510,888 a year (75% capacity and decreasing due to damage) • Marina will increase slip rates after newer docks and facilities are built • Potential Annual Revenue (Figured on 80% capacity with new rates) o A $101,025 o B $109,444 o C $124,723 o D $130,335 o L $168,376 Total - $633,904 (40 Year Life Expectancy: $25,356,160) 22 Economic I ren p a ct — Local The role of the Corpus Christi Marinas in the local economy is far reaching and broad based, The following illustrates several snapshots of the economic impacts that can be reasonably quantified: o Regattas $460,000 o Property Tax Value $500,000 o Bay View Revenues $2,500,000 Total $3,460,000 (40 Year Life Expectancy: $138,400,000) Reference: Marina Local Impact Report Conducted by Texas A&M Corpus Christi South Economic Development Center Type A Fund Balance • As of January 2021: o Seawall - $42,356,826 o Arena Facility - $16,909,408 o Economic Development - $846,578 24 Type A Fund Annual Revenues • Seawall improvements: 0.125% o Approved on 11/07/00 for 25 years (4 more years of revenue) o FY 21 budget $7.2 M • Arena Facility: 0.125% o Approved on 11/07/00 for 25 years (4 more years of revenue) o FY 21 Budget $7.2 M • Economic Development/Whataburger Field: 0.125% o Approved on 11/05/02 for 15 years 0 2017 1/8 terminated and re-established as Type B Fund Corpus Christi Type A Fund: Purpose I City of Corpus Christi (cctexas.com) 25 Recommendations • Utilize $15M Type A Funding in one year (FY21) vs two years (FY21 & 22) • Designate "Replace Piers ABCDC project as highest priority • Push facility priorities to outer years in the CIP • If accepted today, request would be placed on the April 27th City Council Meeting for approval • Work would begin within the next 60 days 26 corpus Christi MARINA 27 Legal Opinion : Type A Funds For Marina Use The L-Head/T-Heads are embankments serving the primary purpose of providing breakwater and flood protection, and could be seen as an extension of the Seawall itself, since they fall under the common definition of a seawall. In either case, the L-Head/T-Heads are public improvements directly connected to the Seawall, permanently enhance the Seawall's value, are compliant with the parameters of the City's Water Garden Resolution, and fall within the boundaries of the State Patent. For this reason, we are comfortable that Marina related improvements that are situated directly on the L-Head/T-Heads comply with the plain meaning of the Seawall ballot proposition. 28 Legal Opinion : Type A Funds For Marina Use • Therefore, to the extent pier-specific Marina projects are public improvements that enhance the value of the Seawall for the purposes expressed in Section 11 of the Election Ordinance, we believe those projects would be "improvements to the downtown Seawall". • Replace Piers A, B, C, D, & L: Yes, if the EDC Board makes a factual determination that the project is a public improvement that enhances the value of the Seawall as a facility that promotes new or expanded business development. From the information provided, the project would facilitate the use of at least 215 boat slips on the Marina. 29 Marina Budget • Annual Estimated Revenue (2021 ) $2,140,060 • Expenditures 2021 o Personnel Costs $930,107 o Operating Costs $576,738 o City Allocations $306,415 o Capital Improvements $161,000 Total $1,974,261 • Annual Surplus 2021 $165,799 • Fund Balance: $1,069,108 so �o o11 �A PH v AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 WoRPORPg4 Second Readingfor the Cit Council Meeting of May 11, 2021 1852 Y g Y DATE: April 27, 2021 TO: Mayor and City Council FROM: Peter Zanoni, City Manager peterz@cctexas.com (361) 826-3220 Ordinance Incorporating City Pay Plans and Holiday Schedule into the City of Corpus Christi Operating Budget Ordinance to add the pay scales, pay grade 321, and holiday schedule for FY 2020-2021 CAPTION: Ordinance amending the City of Corpus Christi Code Section 39-324 and Section 39-303 that will incorporate the City's pay plans and holiday schedule as part of the annual budget process and adding pay grade 321 for executive leadership team positions [Chief of Staff, Chief Financial Officer, Assistant City Manager]. SUMMARY: Currently, Corpus Christi Code Sections 39-303 (Employee Compensation and Classification System) and Section 39-324 (Official Holidays) are evaluated as ordinances separate and apart from the annual budget process. Incorporating the annual evaluation of these items into the Annual Budget Process provides efficiency and transparency, ensures City pay-grades remain accurate and complete, and brings the City in-line with the standard practices of the seven largest cities in Texas. The FY 2021 operating budget, adopted by Ordinance No. 032203, will be amended to include the official holiday schedule as currently stated in Corpus Christi Code Section 39-324 as well as the pay grades and ranges currently stated in Corpus Christi Code Section 39-303. Ordinance No. 032203 will be further modified to include executive leadership pay grade 321, a pay grade established in June 2019. Pay grade 321 is not currently captured in the revised pay scale found in Corpus Christi Code Section 39-303. BACKGROUND AND FINDINGS: HR Personnel recently surveyed the seven largest cities in Texas to review current personnel best practices. Six out of the seven largest Texas cities incorporate their pay plans and holiday schedules directly into each annual budget process by including the pay plans and holiday schedules as separate appendices attached to the annual budget. This best practice creates an integration between the budgeting process and City Council approval of pay plans and annual holiday schedules, and it ensures that all City ordinances are accurate and current. It also allows City Council to consider any modifications to pay plans or holiday schedules within the context of a balanced budget, resulting in further transparency to the annual impact of any proposed changes. This ordinance brings the City's processes in-line with best practices and captures pay grade 321, which establishes the pay range for Executive Leadership Team members. ALTERNATIVES: The alternative is to continue reviewing and updating pay plans and holidays as separate ordinances outside of the budget process. FISCAL IMPACT: This change will not result in any costs to the City. Instead,the process will produce more accurate budget information in a more efficient and transparent manner. RECOMMENDATION: City Staff recommends approval of incorporating City Pay Plans and Holidays into the Budget Process, attached as appendices to the annual Budget presentation. LIST OF SUPPORTING DOCUMENTS: Ordinances Ordinance amending the City of Corpus Christi Code Section 39-324 and Section 39-303 that will incorporate the City's pay plans and holiday schedule as part of the annual budget process and adding pay grade 321 for executive leadership team positions. Whereas, adopting the pay scale and holiday schedule in budget ordinance provides frequent review; and Whereas, local disasters and other emergencies create operational requirements of the City that are prohibitive of granting vacation or personal leave. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The Corpus Christi Code of Ordinances, Chapter 39 " Personnel," Article III "EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM", Section 39-324 "Holidays" is hereby repealed and replaced as follows: Sec. 39-324. - Holidays. (a) The official city holidays shall be reviewed each fiscal year and adopted with the city budget at the recommendation of the city manager. (b)When a designated City holiday falls on a Sunday, the following business day shall be considered a holiday. When any designated City holiday falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor, upon approval of the city council. (c)Part-time and temporary employees shall not be compensated for holidays, except for time actually worked which will be paid at the straight time rate. (d)Holiday pay is defined as equivalent to eight (8) hours of work, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off. Holiday pay and holiday compensatory time for these airport public safety officers will be counted as twelve (12) hours per day with a shift equal to twenty-four (24) hours. Further exceptions to a holiday defined as equivalent to eight (8) hours of work may be granted by the city manager or designee for employees who are assigned to a work schedule that exceeds eight (8) hours per day. (e)Employees on leave of absence without pay status on a scheduled workday immediately preceding or following a holiday shall not receive pay for the holiday. (f)No sick leave the scheduled workday before, the day of, or the day after a city designated holiday will be granted to any person without a certification from a health care provider that verifies the leave is or was necessary for medical reasons. This certification must be provided by the close of the pay period in which the holiday occurred. 1 Section 2. The Corpus Christi Code of Ordinances, Chapter 39 " Personnel," Article III "EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM", Section 39-303" Standard classifications, pay grades and ranges" hereby repealed and replaced as follows: Sec. 39-303. - Standard classifications, pay grades and ranges. (a)Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Non-Exempt (FLSA Overtime Eligible); Pay Plan 200 Exempt (FLSA Overtime Ineligible); and Pay Plan 300 Executives (FLSA Overtime Ineligible). (b) Pay Plan 100. Pay Plan 100 will include positions that are designated as non- exempt under the FLSA. The city manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 100 shall be reviewed annually and adopted with the city budget at the recommendation of the city manager. (c)Pay Plan 200. Pay Plan 200 will include all positions that may be designated as exempt from overtime under the FLSA. The pay grades and ranges for positions in Pay Plan 200 shall be reviewed annually and adopted with the city budget at the recommendation of the city manager. (d)Pay Plan 300. Pay Plan 300 will include positions at the highest level of decision-making and responsibility. The pay grades and ranges for positions in Pay Plan 300 shall be reviewed annually and adopted with the city budget at the recommendation of the city manager. Section 3. The FY2020-2021 Operating Budget adopted by Ordinance No. 032203 is amended to add SECTION 9 as follows: SECTION 9. The official holidays for city employees eligible for benefits for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021 is as follows: Thanksgiving Day November 26, 2020 Day After Thanksgiving Day November 27, 2020 Christmas Day December 25, 2020 New Year's Day January 1, 2021 2 Martin Luther King, Jr. Civil Rights Day of January 18, 2021 Service Memorial Day May 31, 2021 Independence Day July 4, 2021 Labor Day September 6, 2021 Section 4. The FY2020-2021 Operating Budget adopted by Ordinance No. 032203 is amended to add SECTION 10 as follows: SECTION 10. The pay grades and ranges for positions in Pay Plan 100, Pay Plan 200, and Pay Plan 300 for the Fiscal Year beginning October 1, 2020, and ending September 30, 2021 are as follows: Pay Plan 100 FLSA Overtime Eligible Grade Minimum Midpoint Maximum 101 $17,124 $22,467 $28,058 102 17,980 23,591 29,461 103 18,879 24,770 30,934 104 19,822 26,008 32,481 105 20,813 27,309 34,105 106 21 ,853 28,674 35,810 107 22,947 30,108 37,601 108 24,094 31 ,613 39,481 109 25,299 33,194 41 ,454 110 26,564 34854 43,528 111 27,892 36,597 45,704 112 29,287 38,426 47,989 113 30,750 40,347 50,388 114 32,288 42,365 52,908 115 33,903 44,483 55,554 116 35,598 46,707 58,331 117 37,377 49,043 61 ,247 118 39,247 51 ,495 64,310 119 41 ,209 54,070 67,526 120 43,269 56,773 70,902 121 45,432 59,612 74,447 122 47,704 62,592 78,169 123 50,090 65,722 82,078 124 52,594 69,008 86,181 125 55,224 72,459 90,491 3 Pay Plan 200 FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 201 $32,181 $42,224 $52,732 202 33,790 44,335 55,368 203 35,479 46,552 58,137 204 37,253 48,879 61 ,044 205 39,116 51 ,324 64,096 206 41 ,072 53,890 67,301 207 43,125 56,584 70,666 208 45,281 59,413 74,198 209 47,545 62,383 77,908 210 49,923 65,503 81 ,804 211 52,419 68,778 85,895 212 55,039 72,217 90,189 213 57,792 75,829 94,700 214 60,682 79,620 99,434 215 63,716 83,600 104,406 216 66,902 87,780 109,625 217 70,245 92,169 115,107 218 73,758 96,777 120,861 219 77,446 101 ,616 126,904 220 81 ,318 106,697 133,250 221 85,384 112,032 139,912 Pay Plan 300 Executives FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 307 $65,320 $85,666 $106,985 308 68,554 89,949 112,334 309 71 ,982 94,446 117,951 310 75,581 99,170 123,849 311 79,361 104,128 130,042 312 83,327 109,333 136,542 313 87,495 114,801 143,371 314 91 ,870 120,541 150,539 315 96,463 126,568 158,066 316 101 ,286 132,896 165,969 317 106,350 139,540 174,266 318 111 ,667 146,518 182,981 319 117,251 153,843 192,129 320 123,113 161 ,535 201 ,735 321 150,000 198,000 246,000 4 322 CITY MANAGER .. No range Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Section 6. This ordinance is effective upon passage on second reading. 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 6 so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 Action Item for the City Council Meeting of April 27, 2021 1852 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Ordinance amending Chapter 6 of the Cod of Ordinances Governing Care and Treatment of Animals CAPTION: Ordinance amending Chapter 6 of the Code of Ordinances regarding Animal Care and Control by adding and clarifying definitions, creating and revising sections including microchipping registration, failure to reclaim pets, impoundment of abandoned or unrestrained animals, dangerous and aggressive dogs, adequate sheltering of canines, and the feeding of animals; providing for severance, publication, and establishing an effective date of the new laws. SUMMARY: The Chapter 6 Ordinances were adopted on March 25th, 1981 and have not had a complete revision since December 14, 2014. The revisions were presented to and approved by the Corpus Christi Animal Care Services (CCACS) Advisory Board on January 20, 2021. Additional consultation and approvals were conducted with the Corpus Christi City Attorney's Office and Corpus Christi Police Department. BACKGROUND AND FINDINGS: This revision provides an update in the current Code of Ordinances regarding animal care in the City of Corpus Christi. Additions, updates, and changes are being proposed in order to bring the ordinances up to current animal welfare standards and practices which will allow the City to continue to provide essential services through its animal control program. Revision to Ordinances will take effect on May 18, 2021. Highlights of the revised ordinances include: • Define "impound" which means: a. the taking of an animal into custody for purposes of transporting the animal to the city's animal care services facility. b. an officer in pursuit of an animal, and in lieu of taking custody of the animal, elects to return the animal to its owner with proper written notices, warnings and admonishments. This definition supports an update to Section 6-103 which states "Any animal found at large must be spayed/neutered within 30 days unless the animal was free of restraint due to a vis major. Is not to be misconstrued that a spayed/neutered animal can be at large, excluding cats." • Define "reclaim" which means to retrieve or recover an animal from the City's animal shelter after quarantine or impound. • New Section 6-162 of the City Code: Failure to reclaim impounded animal allows the Animal Care Services (ACS) Department the ability to issue a citation to a person/owner who knowingly fails to reclaim an impounded animal from ACS after being notified their animal is at the facility. • Define "shelter" which means a structure that has three sides, a roof, and floor. This definition outlines the requirements of what is considered shelter in the City of Corpus Christi. • Define"abandoned animal"which shall mean an animal left without care by the owner and or keeper without making reasonable arrangements for assumption of custody by another person. • New Section 6-164 Impounding Abandoned, or Unrestrained Animals: Allows ACS the ability, after investigation, to declare an animal abandoned, and impound said animal in- lieu of pulling an Animal Cruelty warrant which could result in longer hold time for that animal at ACS. • Define "microchip" which shall act as a City license indefinitely. The microchip will be required to register a pet with ACS. • New Section 6-28 Microchip as Required: Transitioning from a "metal tag" as the city license that requires a yearly registration to an implanted microchip that will have a lifetime registration. This will help support the vision of ensuring that animals found in the field or brought to the ACS campus have a higher chance of being returned to their owner. • New Section 6-29 Maintaining Current Registration Information: Requires the owners of animal(s) to keep updated information with microchip company and ACS will include a requirement to transfer the ownership of a pet if the pet is rehomed. • Update to Section 6-32 Dangerous Dogs: Updated to current city ordinance pertaining to Dangerous Dogs which provides clear understanding of the Dangerous Dog process and requirements of owning a deemed Dangerous Dog by ACS in the City. • New Section 6-39 Aggressive Dogs: This is a new section that will replace Section 6-163 Vicious Dogs which was unenforceable. This section deals directly with Animal to Animal attacks either where a domesticated animal was injured or killed by an owned dog. This section will enhance the enforcement of ACS to hold owners accountable for their dog's actions. Section does allow the declassification of a deemed Aggressive dog after the owner has complied for either one or two years without incident. • Update to existing Sections 6-51 —6-58 Commercial Permits: The updates to this section now require permitted establishments to have an evacuation plan, medical records, and guarantee of good health for two weeks after date of sale. Additionally, failure to provide records to ACS upon request results in the immediate revocation of permit for two years. Updates also include outlines for appropriate methods and size of housing for animals. Permit can be revoked if animals are being neglected and failure to comply and/or operate without a permit will result in animals deemed prohibited and seized. • New Section 6-161 Adequate Shelter of Canines: This new section states that no animal is to be restrained outside without shelter. Shelter must have room for animal to move comfortably, be structurally sound and well ventilated, sanitary, keeps animal dry and clean, kept in shade or provide shade by means of tarp. Area around shelter must be clean and free of debris. If temperature falls below 50 degrees, bedding must be placed within the shelter. No animal may be outdoors for any period of time without access to shelter if the temperature is below 32 degrees or a heat advisory has been issued by a local or state authority. • New Section 6-163 Feeding of Animals: This section prohibits citizens from feeding any animal on private or public property and creates a public nuisance. This section will now allow ACS to take enforcement action for people causing a public nuisance by feeding for example: a. Raccoons b. Seagulls c. Stray animals d. Excessive amounts of cats or dogs. These ordinance revisions will help ensure that the City of Corpus Christi has effective codes in place pertaining to animal care. The long-term goal of this revision is to be in line with the growth and progressive vision of City Government Leadership. ALTERNATIVES: Reject the proposed revisions and follow the current ordinances in place. FINANCIAL IMPACT: ACS projects a fall in revenue for the issuance of City License. The offset is that with more animals microchipped, ACS will have a better chance of returning those animals to their owners without having to bring them to our campus. We project that this will have a reduction in costs associated with housing animals. Funding of the microchips is through a contract with AKC Reunite, which is a microchip company, for a five-year term. The fiscal impact for FY 2021 is an amount of$38,900. The total estimated cost over the five-year period is$194,500.The remaining cost will be budgeted through the annual budget process. FUNDING DETAIL: Not applicable. ACS is planning on having free microchip drives monthly (following COVID-19 safety precautions) to help citizens come into compliance with the transition to the microchip as the city license. RECOMMENDATION: ACS staff and the ACS Advisory board support these revisions to our Chapter 6 Ordinances LIST OF SUPPORTING DOCUMENTS: 1. Clean version of Chapter 6 Revisions 2. Redline version of the Chapter 6 Revision 3. Chapter 6 Highlights document 4. City Council PowerPoint presentation. Ordinance amending Chapter 6 of the Code of Ordinances regarding animal care and control by adding and clarifying definitions, creating and revising sections regarding microchipping registration, failure to reclaim, impoundment of abandoned or unrestrained animals, dangerous and aggressive dogs, adequate sheltering of canines, and the feeding of animals; providing for severance, publication, and an effective date. WHEREAS, the Chapter 6 Ordinances governing the care and treatment of animals were adopted on March 25, 1981. WHEREAS, a complete revision of Chapter 6 has not taken place since December 14, 2014. WHEREAS, the revisions have been presented to and approved by the Corpus Christi Animal Care Services Advisory Board on January 20, 2021. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. That Chapter 6, Animal Care and Control, of the Corpus Christi Code of Ordinances is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth in this Ordinance. Chapter 6 of the Corpus Christi Code of Ordinances is hereby amended as follows.. Chapter 6 ANIMAL CARE AND CONTROL ARTICLE L GENERAL PROVISIONS Sec. 6-1. Definitions. (a) As used in this chapter, the following words have the meanings ascribed to them in this section: Abandoned animal means an animal left without care by the owner and or keeper without making reasonable arrangements for assumption of custody by another person. Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens. Animal care officer means the animal care services division manager, employees of the animal care services division, or authorized agents of animal care services. Animal care services means a division of the Corpus Christi PGliGe Department responsible for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of animals, including the provisions of this chapter. Animal Cary; Services Manauer means the ;grogram manager of Corpus Christi Animal Caro Services. Page 1 of 46 At large or running at large means any animal within the city not kept under restraint. Attack means to set upon with violent force. Auction means any place or facility within the city where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar, jaguar, leopard, lion, panther, tiger, or other prohibited animal. Circus means a commercial variety show featuring animal acts for public entertainment. City means the City of Corpus Christi. City animal shelter means a place operated by or for the city, whether in city facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law. Collar or harness means a band of leather, nylon, rope, or similar material, excluding chain if utilized for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by the animal's owner, and to which a leash or lead can be attached. Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building, structure, or premises within the city used for the business of buying, selling, grooming, breeding, or boarding of animals. Commercial property means: (1) Any portion of land or buildings, excluding publicly owned property,that is zoned or utilized for commercial or business uses within the city, including temporary sites. (2) Any vehicle utilized for commercial or business purposes within the city. PnAIeo..re a i+r Awn demestoGated animal and that E)GGUFS on a plaGe E)theF than an enGlE)GUFe on whiGh the animal was being kept and whiGh enGlesure was reasonably Gertain te prevent the animal frem leavipg the a GleGUFe en its e (3) Any animal that, without PFOVOGatmen, GOMMits aGtS on a plaGe other than an enGlE)SUre on whiGh the animal was being kept and whiGh enGleGUFe waS Feasenably GeFtain te pFevent the animal that the animal will attaGk and Gause bedily injuFy te that peFSE)n. Department means Corpus Christi Animal Care Services. Dog means a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal. DGg OF Gat Fe fs offer, .� � �. $ Vian-e with the terms of this Ghapter, to -`rrrec-'mei-cra� .- t� "t�bi'�--F.Bf�-k , lawfully ewn, keep, haFbeF, eF have Gustedy eF GentFel ef a deg E)F Gatkhfithin the City- Deg eF Gat Fegis&atien tag means a metal tag displaying a seFial numbeF GEWFespending tE)the Page 2 of 46 FegistFatiGR was issued, and- v4hiOh Must be a-#a_Ohed_te the anima-l's Oellar OF harness fA-.r v4hiOh it v.fas is �Pd- Food means: sale,(1) With respeGt W food PFOGessiRg or food serViGe establishmeRts, aRy raw, GOoked, OF PFOGessed hole OF i R part, for humaR GORSUMPtiOflh Q4---With respect to animals any commercially processed and packaged substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaged. Food processing establishment means any place in which food is commercially manufactured or packaged for human consumption. Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles. Fowl means any live bird. Grooming shop means a commercial enterprise where two (2) or more dogs or cats over four (4) months of age are groomed, upon agreement with the dog or cat owner, on a service-for-fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale any fowl to commercial or agricultural customers. Impound means to take in+„ steel., r,laGe in the Gi+„ aRimal shelteF be ebser. ed by a IiGeRsed veteFinarian of a veterinary hespital any of the following: (1) the placing of an animal in the city's animal care services facility (2) the taking of an animal into custody for purposes of transporting the animal to the city's animal care services facility (3) an officer in pursuit of an animal, and in lieu of taking custody of the animal, elects to return the animal to its owner with proper written notices, warnings and admonishments. Keeper means any person, firm, corporation, organization, or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances. Kennel means a commercial enterprise, excluding a veterinary hospital, where four (4) or more dogs or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and construction ordinances. Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and swine. Page 3 of 46 Microchip means an identification chip implanted under the skin of an animal for the purpose of identifying its owner or keeper which has been registered with a microchip registration company with current ownership information to include the current owner or keeper's name, address and telephone number, and the description of the animal. Owner means any person owning, keeping, or harboring one (1) or more animals. An animal is deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided water and sheltered or restrained except upon the authorization of the animal care services manager. the owner of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances and shall be identified as the legal owner of said animal. Performing animal exhibit means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration. Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event exceeds two (2) calendar days in duration. Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and animal-related products. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Poultry means any species of domesticated fowl commonly kept for eggs or meat, such as chickens, turkeys, ducks, or geese. Prohibited animal means any animal, other than a common household pet, such as a canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected by international, federal or state laws or regulations, and includes, but is not limited to, the following: (1) Within the class Reptilia: family Helodermatidea (venomous lizards); family Varanidae (monitors); Order Ophidia, family Boidoe (boas, pythons and anacondas); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers and true vipers); family Elapidae (coral snakes, cobras, and mambas); family Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans and gavials); (2) Within the class Aves: order Falconiforms (hawks, eagles and vultures) and subdivision Rapitae (ostriches, rheas, cassowaries and emus); (3) Within the class Mammalia: order Carnivora, family Felidae, (such as cougars,tigers, lions, bobcats and ocelots) except domesticated cats, family Canidae (such as wolves, dingos, coyotes and jackals) except domesticated dogs, family Mustelidae (such as weasels, skunks, martins, mink and badgers), family Procyonidae (such as raccoons), and family Ursidae (such as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison and camels); and (4) Within the class Amphibia: Poisonous frogs, toads and salamanders. Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is Page 4 of 46 properly under restraint in compliance with this chapter is considered provocation, irrespective of the reason for the entrance. Public nuisance means any animal that: (1) Is a dangerous dog within the meaning of V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (2) Trespasses on school grounds. (3) Is repeatedly at large. (4) Damages private or public property. (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours. (6) UA-P-ks ry^6- 4.16ires cr kids Bites, attacks or insures a domestic animal. (7) Bites, attacks, or injures a person. (8) Creates a danger to the public or destroys public/private property. Pursuit means the continuous act of chasing or attempting to overtake a fleeing animal The act of attempting to capture and/or impound an animal. Rat-proof means a state of being constructed so as to effectively prevent the entrance of rats. Reclaim means to retrieve or recover an animal from the city animal shelter after quarantine or impound. Registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat within the city. Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands, within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence; or properly tethered. Aor&e Livestock must be kept in species appropriate enclosures; i.e. stalls, pens, or in pastures or paddocks with secure and substantial fencing. In addition, a dog is deemed under restraint in the following circumstances: (1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city, while the dog is actually engaged in the show, trial or exhibition. (2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, the person training the dog has in the person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of sufficient strength to control the dog. (3) When the dog is used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (4) When the dog is utilized by a licensed peace officer for law enforcement purposes. Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure with respect to Dangerous Dogs means a fenced area or structure that 06 separate from the owners residence in respect to their house if contact is possible with quests, invitees, or licensees, and meets the following requirements: (1) At least six (6) feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two (2) feet into the ground; Page 5 of 46 (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing,jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five (5) feet from another property line or fence adjoining the premises on which the enclosure is located. Secure Enclosure with respect to animals that are not Dangerous Dogs means an enclosure that is species appropriate and prevents the animal from leaving said enclosure on its own volition, preventing it from being at large. Shelter means a structure that has three sides, a roof, and a floor; reference 6-161 for additional requirements Stable means any place that provides: (1) Any horse, pony, donkey, or mule for hire. (2) Boarding or grazing for any horse, pony, donkey or mule. (3) Riding instruction on any horse, pony, donkey or mule. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a "4*ed-G,."Jeet OF etheF dev+ee se as to IiMit itS range „f movement.-running line, pulley system, or trolley. Tied means to improperly restrain an animal by means of securing the animal to a fixed point. Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal care services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injuries to animals. Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals and that is accredited by a recognized national or state zoological entity. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. (b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female gender. (c) The singular form of words includes the plural form and vice versa. Sec. 6-2. Penalties. (a) No person may violate any provisions of this chapter. A violation of any of the provisions of this chapter constitutes a violation of a public health law. A violation is punishable by a fine of not less than fifty dollars ($50.00) plus court costs nor more than five hundred dollars ($2,000401500.00) plus court costs. Page 6 of 46 (b) Violations of this chapter are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the provision with which the person is charged under this chapter. (c) Each day a violation continues constitutes a separate offense. Sec. 6-3.Anmmai carp cnrWr_Pq division ;and manager. RESERVED. ka- The Animal Aare sewmAes diviGiAn A ''Rot Gf the GGFP616 GhFiGti PGliGe Depai4me.nt and- th-& de_pa_tq4e-R$ Sec. 6-4. Interference with animal care officer. No person may interfere with an animal care officer while an officer is engaged in the performance of the officer's duties. Sec. 6-5. Pursuit of animals. For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, an animal care officer or police officer may enter upon private property to the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal which the officer has reason to believe is subject to impoundment under the provisions of this chapter or other applicable laws. Sec. 6-6. Regulations. Regulations providing for the interpretation and enforcement of this chapter may be adopted by Animal Care Services. The regulations are effective after review at a public meeting held by the animal control advisory committee. A copy of the regulations will be kept on file in the city secretary's office. Sec. 6-7. Compliance with chapter required for keeping animals. No person may do any act forbidden or fail to do any act required in this chapter. Sec. 6-8. Compliance with sanitation standards required for keeping animals. The owner of any animal within the city and the holder of any commercial permit issued under this chapter must comply with the standards of sanitation established by the chief of police Animal Care Services Managei under this chapter. Created: 2021-04-16 11:40:31 [EST] (Supp. No.34,Update 1) Page 7 of 46 Sec. 6-9. Compliance with chapter not relief from compliance with federal, state, and city laws, rules, and regulations. The keeping of any animal in accordance with the provisions of this chapter may not be construed to authorize the keeping of the animal in violation of any federal, state, or city laws, rules, and regulations, including the zoning ordinances or any other ordinance of the city. Sec. 6-10. Inspection of animals and premises. Animals and premises where animals are kept or maintained are subject to inspection by the animal care services manager, an animal care officer, or any police officer at any reasonable hour, or at any hour in cases of emergency. Sec. 6-11.Abatement of conditions not complying with chapter. Whenever any premises where animals are kept are On an unSaRitary ,.,,.,hien the faGili+,os are no �n keeping out of compliance with the provisions of this chapters any regulations established by the Ghief of peliGeAnimal Care Service Manager, or+hany health ordinance or law pertaining to the care or keeping of an animal is net ebse.w , the animal care services manager or designee, by written notice to the person responsible for premises or the keeping of the animals or to the person owning or in control of the premises, may order the abatement of the conditions :}reventinq compliance. Failure to comply with the written notice constitutes grounds for the city to obtain relief by injunction. Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges. Sec. 6-12.Application omissions or falsifications. If an applicant has withheld or falsified any information on an application submitted under this chapter, the animal care services manager may refuse to issue a registration or permit, or may revoke any registration or permit issued in connection with the application. Sec. 6-13. Effect of prior convictions; subsequent bite incident. (a) No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United States may be issued a registration or permit. (b) No person may be issued a registration if the person has been convicted within the preceding twenty-four (24) months of two (2) or more violations, resulting from separate incidents, for failure to restrain an animal under this chapter and who owns an animal that was involved in a documented biting incident, which incident occurred without provocation, resulted in injury to another person or domestic animal, and occurred subsequent to the convictions. (1) Any person denied issuance of a registration under this subsection (b) may challenge the denial by filing a written protest for review by the city manager, or the city manager's designee. Any protest must be submitted to the city manager's office within ten (10) days of denial of issuance. (2) Upon review by the city manager, or designee, of a written protest, the city manager's decision is final. (c) For purposes of this section, a prior court order of deferred adjudication or deferred disposition is considered a conviction. Created: 2021-04-16 11:40:31 [EST] (Supp. No.34,Update 1) Page 8 of 46 Sec. 6-14. Reapplication upon denial of registration,: (a) Any person having been denied a registration erpeFMit for any reason other than section 6-13 of this chapter may not reapply for a period of thirty (30) days after such denial. (b) Any person having been denied a registration under subsection 6-13(b) of this chapter may not reapply for a period of twenty-four (24) months after such denial. (c) Each reapplication or registration,must be accompanied by a nonrefundable ten-dollar ($10.00) fee. Sec. 6-15. Fee schedule. Fees for animal care services shall be charged pursuant to the animal care service fee schedule filed with the city secretary. Animal care fee schedule will be submitted to city council annually for review. Any adjustment of the animal care service fee schedule requires city council approval. Sec. 6-16.Waiver or reduction of fees. The animal care services manager is authorized to reduce or waive fees for adoption events or where necessary to advance the goals of animal care services. Sec. 6-17. Local rabies control authority. (a) The animal care services manager is designated as the local rabies control authority to enforce the provisions of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code § 826.001 et seq.). (b) The duties of the local rabies control authority shall include, but are not limited to the enforcement of: (1) The provisions of the Rabies Control Act of 1981, and the rules of the state board of health which comprises the minimum standards for rabies control; (2) The ordinances and/or rules of the City of Corpus Christi; and/or (3) The rules adopted by the state board of health under the area quarantine provisions of V.T.C.A., Health and Safety Code § 826.045 of said Act. Secs. 6-18-6-25. Reserved. ARTICLE H. REGISTRATIONS Sec. 6-26.Application requirements. (a) Required. No person may own, keep, harbor, or have custody or control of any dog or cat over four (4) months of age within the city without having said dog or cat implanted with a microchip that is to be registered with both animal care services and the issuing microchip company, except as Permitted by section 6-28(b) of this Codesegistered o Gh dog OF Gat aprovided under this ohi�lo exGept a peFmitted by s ubseGtien (G) of this seGtien (1) it is presumed, On a preseGHtien for a violation of this subseGtien, that the dog or Gat owned-, (4) menths ef age en the date ef the vielatien. Created: 2021-04-16 11:40:31 [EST] (Supp. No.34,Update 1) Page 9 of 46 (b) No person may own, keep, harbor or have custody or control of a dog or cat over four(4) months of age within the city, unless the dog or cat has been immunized against rabies in accordance with this chapter and state law. n.,.,Dation ., s,+es WritteR appliGatiO, for r istratiO s and n eRt 0 the appliGable registratiOR fees must be made to the Gity'S GOIleGtiORS seGtiOR, aRimal Gare serviGeS (c) Every owner or keeper of a doq or cat immunized against rabies as required in this chapter must procure a rabies vaccination certificate from the veterinarian administering the vaccine. 1444,QP to r-,R-t A-;.xp-.r feur(4) MGRthS ef age, eXGept that this FequiFe.m.e.nt vAll net apply te a RGRFR.;idPRt (1) it is presumed, OR a proseGUtOOR of a vielatiOR E)f this seGtiE)R, that the deg OF Gat, eWRed by4h-& peFSGR Gharged with the vielatiOR, was ebtaiRed more thaR teR (10) days prier to the date of the (d) A veterinarian who vaccinates a doq or cat as required by this chapter must furnish the owner or keeper of the doq or cat with a metal tag bearing a number corresponding to the number placed on the vaccination certificate, and with lettering showing immunization and the year thereof. This tag must be attached to the collar or harness of the doq or cat for which it was issued and must be worn at all times in a conspicuous place on the collar or harness. (1) It is presumed, in a prosecution for a violation of this subsection, that the doq or cat owned, kept, or harbored by, or under the custody or control of the person so charged was over four (4) months of age on the date of the violation. (2) It is presumed, in a prosecution for a violation of this subsection, that the person charged with owning, keeping, harboring, or having custody or control of a doq or cat required to be registered under this subsection did not register the subject animal in accordance with this chapter unless, upon the request of an animal care services officer or licensed peace officer at the time of the violation, valid proof of registration was produced by the person so charged. (e) Application; prerequisites. Written application for registrations and payment of the applicable fees must be made to the city's collections section, animal care services division, or participating veterinarians. The application must include the name, address, phone number, state-issued driver's license or identification number, and date of birth of the applicant, a description of the animal, rabies vaccination information and microchip information. (f) When to apply. An owner must make application for registration within ten (10) days after obtaining a doq or cat over four(4) months of age, except that this requirement will not apply to a nonresident individual keeping a doq or cat within the city for no longer than sixty (60) days. (1)It is presumed, in a prosecution of a violation of this section, that the doq or cat, owned by the person charged with the violation, was obtained more than ten (10) days prior to the date of the violation. (2)It is presumed, in a prosecution of a violation of the exception contained in this section, that the person charged with the violation is a resident of the city and that the person has kept the doq or cat within the city for a period exceeding sixty (60) days. Page 10 of 46 Sec. 6-27. Fees. (a) The animal's owner will be responsible for any applicable fees incurred by the implant of the microchip, through CCACS or other delegates, including a license veterinarian. Fees for microchipping performed by CCACS will be established in the fee schedule pursuant to section 6-15 of this chaptE)r.The annual registration fee for a dog OF Gat that has been GUrrently vaGGinated wi (eb) No fee may be charged for a registration issued for any dog actually used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. ( ) No fee may be charged for a registration issued for any dog that is owned and used by any law enforcement agency for drug awareness, drug or bomb detection, or any other law enforcement purpose. division y,dthin ten (10) .Joys of iss--anse of the r istrafion Sec. 6-28.Term.Microchip Required (a) microchip registered with animal care services will act in place of a city license, indefinitely, and may be revoked by an administrative proceeding pursuant to section 6-76 (Registration and Permit Revocation), when deemed necessary. If not revoked under the provisions of this .chanter, (b) A doq or cat is exempt from this requirement if the dog or cat is deemed ineligible by the animal care services manager or determined to be medically unsuitable for a microchip by a licensed veterinarian, in writing. Proof of medical unsuitability for microchip must be provided to animal care services within thirty (30) days.If not revoked under the provisions of this .chanter, a throe year issued on the .Date of original y notion (G) in the event that a FegiGtFatien OG, eF has been, PUFGhased en a date E)theF than the Fabie& vaGGinatmen date, the registration issued 06 effeGtive for a peried of one (1)year from the date of may any registration eXGeed the date of expiration of the rabies vaGGinatien that Was administered. Sec. 6-29. issuanGe and wearing of Maintaining Current Registration (a) The owner of a dog or cat shall maintain current registration with both the microchip registration company and animal care services.rss .ee. I Igen a eptanGe of the ,Jog or Gat r istratien manager, animal Gare seFViGes manager's designee, or the paFtiGipating veterinarian will issue a- d UFahle riGtratien tag stamped with a seFial number and the yeaF of issuance (b) If there is a change in contact information for the owner of a dog or cat with a registered microchip the owner shall update contact information, including new address or telephone number, with both animal care services as well as the microchip registration company, if applicable, within thirty (30) Created: 2021-04-16 11:40:31 [EST] (Supp. No.34,Update 1) Page 11 of 46 days of the date of the change in contact information. WeaFinn of tag Dens and +s mwus+,neer renis+ro+inn +ons foo+ever! +n eller er harness o+ell times (1) it is presumed, On a PFOSeGUtion of a viela-tie-In of this SeGtien, that a dog or r__a_t that 46 determined by haFness whole On a publiG plaGe within the Gity has net been YaGGinated On GemplianGe with this Ghapter. GhapteF. (c) If there is a change in ownership of an animal with a registered microchip the initial owner shall be responsible for ensuring that the microchip is no longer registered in the initial owner's name within thirty (30) days of the date of change in ownership. The new owner shall be responsible for re- registering the microchip to include any new address and telephone number and have the registration information transferred to the new owner's name within thirty (30) days after the change in ownershilReplaGement of tag. A dupliGate registration tag may be obtained from the animal Gare GhapteF. (d) No person may use a microchip registration for any other animal than the one it has been issued to.Nentr,anaAqr,abIe. No person may use any registration tag for any animal other than the animal Sec. 6-30. Registration records. The animal care services manager shall maintain a current record of the serial microchip numbers of dog and cat registrations and renis4atien +.ins issueo, and the names and addresses of persons to whom the microchip is issued/updated. Sec. 6-31. Reduction or waiver of fee during animal health campaigns. The city manager is authorized to temporarily reduce or waive fees for animal registrations as part of community-wide registration and vaccination campaigns held by the animal care services division in conjunction with the Coastal Bend Veterinary Medical Association or a nonprofit animal welfare organization to increase the awareness of the need for pet vaccinations and registrations. Sec. 6-32. Dangerous dog. ^y,stratkm, Dangerous dogs shall be defined in accordance with V.T.C.A., Health and Safety Code ch. 822, 822.041, as referenced below and shall be determined and regulated in accordance with said chapter. Dangerous dog means a dog that: (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own: or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Page 12 of 46 under NI T Health onrra d Safety Code vr�ry may �mm�nved. T4' `1'^g2 O'cr's deg (b) A daRgereus deg registratiOR tag must be wE)FR at all tomes by the daRgereus deg attaGhed to a V.T��H eA_lt,th A-RdS-A-fe+„ GGde nh 922,as-i-tmay-bc-Amended. Sec. 6-33. -Investigation, seizure and confinement of alleged dangerous dog and determination of a dangerous dog. (a) Upon receipt of a sworn affidavit of complaint, signed by one (1) or more individuals before an individual authorized by law to make sworn statements, the department shall investigate the complaint. The complaint shall contain a description of the incident involving an alleged dangerous dog, as defined above, the date and location of the incident, the name of the owner of the dog, the address of the owner, and a description of the dog(s) involved in the incident. Said investigation may include discussing the incident with the owner/keeper of the dog. The owner/keeper of the dog shall have the right to provide an affidavit or statement concerning his own dog. (b)After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people nearby, the animal care services manager may order the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a dog which is allegedly dangerous or has been previously determined to be dangerous, if permission to enter the subject premises is denied by a person in lawful possession. If the dog cannot be safely approached, a tranquilizer prosector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is determined to be dangerous, it will remain in confinement as directed by the animal care services manager. A dog that has been determined to be dangerous cannot be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for dangerous dogs as outlined in this chapter. (c)An animal care officer may impound an alleged dangerous dog if the officer has cause to believe that a dog is dangerous as defined above. (d) The department shall determine whether a dog is dangerous. Within five (5) working days after the dog is deemed dangerous, the department will notify the owner of the dog, of the dangerous dog determination and appeal rights by written notice. The notice shall include the reason for the allegation, and all requirements for owners of a dog determined to be dangerous as set out in this chapter. Sec. 6-34 -Requirements of dangerous dog owners. (a)An owner of a dog determined to be dangerous, must comply with all of the following nine (9) requirements before the subject dog can be released to the owner by the department. The department must, however, release the dog to the owner if a state licensed veterinarian with a facility located within the city verifies, upon being contacted by a city veterinarian or department, that the owner has arranged for the required surgery of the dangerous dog to comply with this article, and if necessary, a city veterinarian has implanted the required registered microchip in the dog, has inspected the residence Page 13 of 46 where the doq is to be kept, and is satisfied that the following requirements which could have already been complied with have been complied with by the owner: (1) The dog must be registered with the department and shall annually obtain a dangerous dog permit; (2) The dangerous dog shall at all times wear a collar approved by the department visible at fifty (50) feet so that the dog can be identified as a dangerous dog. The department is authorized to charge the dog owner a fee to cover the cost of this collar; (3) The dangerous dog must be kept in a Dangerous Dog enclosure as defined this chapter; (4) The owner must present to the department a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000.00)to cover any injuries caused by the dangerous dog. The insurance shall be kept in effect continuously and shall not be cancelled unless the dog is no longer kept by the insured owner; (5) The dangerous dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal; and the dangerous dog must be restrained by a sturdy leash six (6) feet in length. The department is authorized to charge the dog owner a fee to cover the cost of this leash; (6) The owner shall post a sign on his premises warning that there is a dangerous dog on the Property. This sign shall be visible and capable of being read from the public street or highway. In addition, the department shall design and produce a uniform dangerous dog symbol or decal, understandable by small children which shall be made available at cost to the public. Such symbol or decal must be displayed on or about the sign; (7) If the dog does not have a registered microchip, the owner shall authorize the department to implant a registered microchip beneath the skin of the dangerous dog for positive identification of the animal; (8)At the owner's expense, the dangerous dog must be spayed or neutered either by the department or, at the discretion of the department, by a veterinarian approved by the department prior to being released back to its owner; (9) The owner must allow an annual inspection of the residence where the dog is kept ensuring continued compliance with all requirements of this section. More frequent inspections may be conducted in response to specific complaints regarding non-compliance with this section. (b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care agency, licensed veterinarian or the department. Sec. 6-35 -Hearing to determine compliance with dangerous dog requirements. (a)V.T.C.A., Health and Safety Code § 822.0423 provides that a municipal court may conduct a hearing to determine whether the owner of a dangerous dog has complied with the requirements for the owner of a dangerous dog. (b) Upon an application from any person, the municipal court shall conduct a hearing to determine compliance with dangerous dog requirements. (c)A municipal court fudge shall conduct a hearing to determine whether the preponderance of the evidence supports the allegation that the owner has failed to comply with dangerous dog requirements. Page 14 of 46 (d) The municipal court fudge shall be the finder of fact. (e)At the conclusion of the hearing, if the municipal court judge finds that the owner has failed to comply with the dangerous dog requirements, the fudge shall order the seizure of the dog in accordance with V.T.C.A., Health and Safety Code � 822.042. (f)An owner or the person who filed the application for the hearing may appeal the decision of the municipal court in the manner provided for the appeal of cases from municipal court. (g) The municipal court fudge may compel the attendance of the applicant, any known witnesses, the dog owner against whom the application was filed, and the animal care services manager or his representative who investigated. Any interested party, including the city attorney or an assistant city attorney, may present evidence at the hearing. Sec. 6-36 -Appeal of dangerous dog determination. Appeal of a dangerous dog determination shall be in accordance with V.T.C.A., Health and Safety Code 822.0421. Sec. 6-37 -Notification of change of status; disposition of dangerous dog. The owner/keeper of a dangerous dog shall notify the department within twenty-four (24) hours if their dangerous dog is loose, unconfined, has attacked another animal, has attacked a person, or has died. A dog determined to be dangerous under this chapter shall not be offered for adoption, rescue or sale or be given away. If the owner wishes to dispose of the dangerous dog, the owner shall return the dog to the department. Sec. 6-38 -Dangerous dog violations. (a) A person commits an offense under state law, pursuant to the Texas Health and Safety Code, if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. (b) It shall be a violation of this chapter for an owner or keeper to intentionally, knowingly, or recklessly fail to prevent a dangerous dog, from killing or wounding, or assisting in the killing or wounding of any domestic animal belonging to or in the possession of another person, or for an owner or keeper to fail to prevent a dangerous dog from attacking, assaulting, biting or otherwise injuring any person or assisting in the attack, assault, biting, or other injury of any person whether out of or within the enclosure of the owner or keeper, and whether or not such dangerous dog was on a leash or securely muzzled or whether or not the dangerous dog escaped without the knowledge or consent of the owner or keeper. If a person is found guilty of an offense under this section,the court may order the dangerous dog destroyed in an expeditious and humane manner. (c) It shall be a violation of this chapter for the owner or keeper of a dangerous dog to: (1) Fail to comply with any of the requirements of this chapter as required; (2) Fail to notify the department of a change of status as set out in this chapter; or (3) Fail to keep the dog confined at no cost to the city during the hearing process. (d) The provisions under this section shall not apply to any law enforcement agency where a dog is being used for law enforcement. Page 15 of 46 (e) A rebuttable presumption shall exist that the owner or keeper knowingly allowed a dangerous dog to be kept in inadequate confinement in any criminal complaint filed under subsection (b). (f) The animal care services manager may require a dangerous dog to be removed from the city limits. Sec. 6-39. -Aggressive dogs; levels defined. Classification of a dog as aggressive shall be based upon specific behaviors exhibited by the dog. For purposes of this chapter, behaviors establishing various levels of aggressive dogs are the following: (1) Level 1 behavior is established if a dog, while unrestrained, causes physical injury to any domestic animal or livestock. (2) Level 2 behavior is established if: a. A dog, while unrestrained, kills or causes the death of any domestic animal or livestock, or b. A dog classified as a level 1 aggressive dog that repeats the behavior in subsection (1) after the owner or keeper receives notice of the level 1 classification. (3) Notwithstanding subsections (1) and (2), the director shall have discretionary authority to refrain from classifying a dog as aggressive, even if the dog has engaged in the behaviors specified in subsections (1) and (2) if the director determines that the behavior was the result of the victim abusing or tormenting the dog or was directed towards a trespasser or other similar mitigating or extenuating circumstances. Sec. 6-40. -Investigation, seizure, confinement, and designation of aggressive dogs. (a) The department shall have authority to determine whether any dog has engaged in the behaviors specified in section 6-39. This determination may be based upon an investigation that includes observation of and testimony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as determined by the department. These observations and testimony can be provided by animal care officers or by other witnesses who personally observed the behavior. They shall sign an affidavit attesting to the observed behavior and agree to Provide testimony regarding the dog's behavior if necessary. (b)After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people nearby, the department may order the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a dog which is allegedly aggressive or has been previously determined to be aggressive, if permission to enter the subject premises is denied by a person in lawful possession. If the dog cannot be safely approached, a tranquilizer prosector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is determined to be aggressive, it will remain in confinement as directed by the department. A dog that has been determined to be aggressive may not be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for aggressive dogs as outlined in section 6- 42. (c) The director shall have the discretion to increase or decrease a classified dog's restrictions based upon relevant circumstances. (d) The department shall give the dog's owner or keeper written notice of the dog's specified behavior, of the dog's classification as aggressive, and of the restrictions applicable to that dog by reason of its classification. Page 16 of 46 (e) Upon receipt of notice of the dog's classification as a level 1 or 2 aggressive dog pursuant to subsection (c),the owner or keeper shall comply with the restrictions specified in the notice unless reversed on appeal. Upon final determination and after appeals are exhausted, the owner will have thirty (30) days to comply with the requirements or else the animal will be considered abandoned and may be disposed of per section 6-103(8). Failure to comply with the specified restrictions shall be a violation of this chapter for which a fine can be imposed. Additionally, the department shall have authority to impound the dog pending completion of all appeals. (f) If the department's decision finds that a dog has engaged in aggressive behavior, the dog may be impounded pending the completion of any appeals. (g)Any dog classified as a level 2, that is found to have repeated level 2 behavior as defined under this code, shall be impounded if not already impounded. The dog shall not be released to the owner or be made available for adoption until either potential recipient of the dog has established arrangements for accommodating the animal consistent with all the security and safety requirements ordered by the department. Sec. 6-41. -Appeal of aggressive dog determination to municipal court. (a) An owner may appeal an aggressive dog determination within fifteen (15) days after receiving notice of the determination by: (1) Filing a written notice of appeal of the department's aggressive dog determination to municipal court; (2) Attaching a copy of the determination from the department; and (3) Serving a copy of the notice of appeal to the department by certified mail. (b) A municipal court fudge shall conduct a hearing to determine whether the preponderance of the evidence supports the aggressive dog determination. (c) The municipal court fudge shall be the finder of fact. As such, the municipal court fudge may compel the attendance of the complainant, any known witnesses, the dog owner against whom the complaint was filed, and department staff who investigated. Failure of the owner of the animal to appear at the hearing shall result in a final classification with no further appeal. The owner may be represented by counsel. (d) At the conclusion of the hearing, the municipal court may affirm or reverse the aggressive dog determination. (e) The result of the administrative appeal hearing is final. Sec. 6-42. - Regulation of aggressive dogs. In addition to the other requirements of this chapter, the owner or keeper of an aggressive dog shall comply with the following conditions: (1) Dogs classified as level 1 dogs shall confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises. In addition, the department may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). Page 17 of 46 (2) Dogs classified as level 2 dogs shall be confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises, and the owner or keeper shall post warning signs, which are provided by the department, on the premises where the dog is kept, in conformance with rules to be adopted by the department. In addition, the director may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). The owner or keeper shall not permit the dog to be off the owner's or keeper's premises unless the dog is muzzled and restrained by an adequate leash and under the control of a capable person. (3) To ensure correct identification, all dogs that have been classified as aggressive shall be microchipped and photographed and may be fitted with a special tag or collar determined by the department at the owner's expense. (4) The animal must have a registered microchip and obtain an annual aggressive dog permit from the department. (5) The owner or keeper of a level 2 aggressive dog shall not permit the warning sign to be removed from the secure enclosure. The owner or keeper of any aggressive dog shall not permit the special tag or collar to be removed from the dog. The owner or keeper of an aggressive dog shall not permit the dog to be moved to a new address or change owners or keepers without providing the director with ten (10) days' prior written notification. (6) At the owner's expense, the aggressive dog must be spayed or neutered by a veterinarian approved by the department prior to being released back to its owner. Sec. 6-43. - Declassification of aggressive dogs. Declassification will be automatic pursuant to this section. (1) The following conditions must be met: a. Level 1 dogs have been classified for one (1)year without further incident, and two (2) years for level 2 dogs; and b. There have been no violations of the specified regulations. (2) When the owner or keeper of an aggressive dog meets all of the conditions in this chapter, the restrictions for level 1 classified dogs may be removed. Restrictions for level 2 may be removed, with the exception of the secure enclosure. Secs. 6-3344-6-50. Reserved. ARTICLE 111. COMMERCIAL PERMITS AND FEES Sec. 6-51. General provisions. (a) Except for veterinarians and veterinary hospitals, all commercial animal establishments and owners and possessors of guard dogs are required to maintain a valid commercial permit. (b) No commercial permit may be transferred or assigned between persons, between commercial animal establishments, or between a person and a commercial animal establishment. (c) Each separate and distinct commercial animal establishment, even though owned by the same person, must possess a permit. Page 18 of 46 (d) Upon a change in the location or ownership of a commercial animal establishment, a new application for a commercial permit is required. (e) Each commercial animal establishment is subject to inspection by an animal care officer during normal business hours. (f) A commercial permit must be displayed in a prominent place on the premises. (g) In addition to all other conditions of this article, owners and possessors of dogs defined as "guard dogs" under this chapter must meet all applicable provisions of this chapter and regulations promulgated by the animal care services manager. (h) No commercial animal establishment may sell any dog or cat four(4) months of age or older to any person unless the animal has a valid rabies vaccination. (i) Failure to apply for a permit prior to the opening of such a commercial animal facility, or within thirty (30) days prior to the renewal date, shall constitute an offense under this section. (i) All animal establishments, commercial and non must have an evacuation plan in case but not limited to natural disaster must be written and readily available. All personnel, employees and volunteers must be educated on the establish plan and have knowledge of the actions that must be taken. Sec. 6-52.Application. (a) All commercial animal establishments, excluding veterinarians and veterinary hospitals, and owners and possessors of guard dogs are required to obtain and submit an application for a commercial permit from the animal care services division. (b) Upon initial application for a permit, the animal care services manager or designee must review and certify that the commercial animal establishment has been inspected and is in compliance with all construction, zoning, or other ordinances of the city governing the conduct of the business of the commercial animal establishment after consulting with the building official and zoning and code enforcement administrator. An appropriate certificate of occupancy issued by the building official may be considered as evidence that the commercial animal establishment complies with the city's construction and zoning ordinances. Sec. 6-53. Term. (a) Except as otherwise set out in this section, a commercial permit is renewable annually. (b) Commercial permits granted to an auction, circus, performing animal exhibition, and rodeo are valid for the duration of the event not to exceed thirty (30) days from the date of issuance. The time provided includes set up and preparation (c) Commercial permits granted to a performing animal exhibit are valid for a period not exceeding twe four (24) calendar days. Sec. 6-54.fees. Pertaining to Kennels. (a) Each permit for a kennel must specify the maximum number of animals that may be kept at the kennel the animal care services department shall determine this number based on available space and number of employees, and can re-evaluate the maximum number of animals allowed at any time.Annual fees fGF GOrnmeMial permits are established On the fee SGhedule pursuant to seGtien 6 15 of this chapter (b) Owners and operators of kennels where animals are boarded must maintain a register identifying all animals boarded, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number. Any GGmmeFGial animal establishment providing of the foes fer aRy of the appliGable Gategeries Page 19 of 46 (c) The kennel owner must also provide an emergency telephone number where the kennel owner, operator, and any caretaker of the kennel can be reached if the owner, operator, or caretaker do not reside on the premises. (d) Runs shall be constructed to effectively enclose the animals housed therein. Runs and exercise areas shall be sanitized a minimum of once in each 24-hour period and more frequently as may be necessary by removal of soiled materials and application of suitable disinfectants. (e) All animals shall be supplied with sufficient species-specific food a minimum of once during each 24- hour period and more often if the physiological needs of the animal require it. Each animal shall have access to fresh potable water at all times. Sec. 6-55. Renewal of permit.Pertaining to Stables. (a) Each permit for a stable must specify the maximum number of animals that may be kept at the kennel or stable, the animal care services department shall determine this number based on available space, and can re-evaluate the maximum number of animals allowed at any time (b) Owners and operators of stables where animals are boarded must maintain a register identifying all animals boarded, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number. (c) The stable owner must also provide an emergency telephone number where the stable owner, operator, and any caretaker of the stable can be reached. (d) Stalls shall be constructed to effectively enclose the animals housed therein. Animal waste must be removed if it begins to inhibit the animal's ability to move around its stall comfortably. (e)All animals shall be supplied with sufficient species-specific food a minimum of once during each 24-hour period and more often if the physiological needs of the animal require it. Each animal shall have access to fresh potable water at all times.EXGept for an all Gtoon riFGUS norferminn animal exhibit Aimal GA-Fer .Jooi...,00 manager's designee that the GGmmeFGial animal establishment is on GGmplianGe with all appliGable state GemmeFGial anomal establishment; and (3)Payment of the required food Sec. 6-56. oeFtaining to kennels and s+ah'el Permit required for circuses, rodeos, animal exhibits, animal shows, petting zoos and recreational animal rides; special exceptions for institutions and special attractions. (a) The permit application shall be submitted at least twenty (20) days prior to the event, and shall contain information as to the kind and number of animals involved, records showing animals are up to date on required vaccinations and are considered by a certified veterinarian as healthy, required state or federal licensing documentation, name and address of the person or business that will keep, Page 20 of 46 feed, and confine the animal(s) durinq their stay in the city and any other information requested by the department EaGh p ;i+f.,r o ke. nel a r+ohle .r+r Gi fy the r„ w,her.,f A-ROR A-I that m be kept Rat+he ke.,.,el eir o+ohle (b) Petting zoo permits shall be valid for the duration of the event outlined in the application.Owners And anomals are bearded er grazed fer a fee must maintain a register identifying all aniMa'S bE)aFded OF (c) Permits shall not be required for any animal so long as it is owned by a governmentally owned and operated facility, publicly operated facility, a public zoological park, or bona fide medical institution or research institution.The stable or kennel owner also ^ emergenGtelephone, ,u;rher FP-o.-hed if the n ro+er a retaLer de Ret reside en the n (d) Animals used within the city for entertainment purposes such as rodeos and circuses must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature. A licensed veterinarian must be able to be contacted and come to site in case of emergencies, such as but not limited to injuries and illnesses. Once determined to be injured or ill by a licensed veterinarian, an animal may be returned to use only after certification as healthy by a licensed veterinarian. Sec. 6-57. Permission to possess prohibited a als.Pet Shop Requirements. (a) No person shall operate a pet shop within the city without first obtaining a permit from the department.AUGtiens, GOFGuses, performing animal exhibits, performing animal exhibitions, and of a .. al p Mi+ (b) All animals shall be able to stand, stretch, and turn without touching any of the four (4) sides or top of their primary enclosure.Possession of a prehihi+ed animal under this +ien is exempt frern+he deemed- Re-A-essary te pFesewe the health, safety and WelfaFe efthe pub-lir— (c) Animal enclosures shall be cleaned of debris and fecal matter at least once every twenty-four(24) hours. Sanitizinq of dog and cat enclosures shall be done once every day by washing the surfaces with proper disinfectants that are not harmful to the animal's health. (d) All pet shops and stores selling any and all species of animals shall: (1) Provide appropriate medical services, care, and housing according to individual species' needs. (2) Keep accurate records of breed, description, approximate age and sex of animal sold if applicable (3) Medications and immunizations administered if applicable; (4)A guarantee of good health for a period of not less than two (2)weeks with recommendation to have the animal examined by a licensed veterinarian if applicable. The permit holder shall retain a copy of the written statement for twelve (12) months from date of sale. (e) Records shall be maintained and surrendered to the department upon request and without reservation or purpose of evasion. Failure to produce such records upon demand by the department shall be cause for the revocation of an existing permit and the refusal to issue a new permit for a period of two (2) years. Created: 2021-04-16 11:40:32 [EST] (Supp. No.34,Update 1) Page 21 of 46 Sec. 6-58. Waiver of requorernents.Suspension and Revocation. nonprofit organization, or for animals owned by the Gity upon a finding that a waiver would not endanger the-pubIiEs-health, safety E)F we',faFe, an Ts hea'*�TGFcaie-a-Ruisanee. (a) Grounds for suspension. The animal care services manager may suspend any commercial animal establishment's permit if any of the following conditions occur: (1)Animals at the commercial animal establishment are being deprived of necessary food, water, care or shelter; (2)Animals at the commercial animal establishment are being cruelly confined or are otherwise being cruelly treated; (3)Unsanitary conditions exist at the commercial animal establishment to such an extent that those conditions create a possible medium for the transmission of disease to the animals kept there or to human beings; or (4)The owner or any agent or employee of the commercial animal establishment responsible for the oversight or operation of the commercial animal establishment receives three or more notice of violations in a twelve month period (12), outlining infractions found during inspection in relation to the operation of the commercial animal establishment. (b) Conditions for revocation. The animal care services manager may revoke a permit to operate a commercial animal establishment if any of the following conditions occur: (1)Conditions stated in subsection (a)(1), (a)(2), (a)(3), and/or (a)(4) of this section have existed on two or more occasions at the commercial animal establishment after the officials of animal care services have warned the commercial animal establishment of the conditions; (2)The commercial animal establishment permit has been suspended two or more times; (3)The owner of the commercial animal establishment is shown to have committed any offense involving cruelty to animals within the last 18 months; or (4)The owner of the commercial animal establishment has knowingly employed any person at the commercial animal establishment or allowed any person to work at the commercial animal establishment who has committed any offense involving cruelty to animals within the last 18 months. (c) Prior to suspension or revocation, written notice shall be given to the owner of the commercial animal establishment, the person in charge of the commercial animal establishment, or any employee or agent of the owner. The notice shall set forth: MThe specific conditions existing at the commercial animal establishment that are grounds for suspension or revocation of the permit pursuant to subsection (a) of this section; (2)That a hearing will be held by the animal care services manager; (3)The date, time and place of the hearing; and (4)That the owner of the commercial animal establishment may appear in person and/or be represented by counsel and may present testimony The hearing shall be held not later than seven business days after the date the permit holder received notice of the suspension. (d)All hearings shall be held by the animal care services manager at animal care services and shall be conducted under rules consistent with the nature of the proceedings. Page 22 of 46 (e)After completion of the hearing, the animal care services manager shall make written findings as to why grounds exist for suspension or revocation of the permit and shall order the suspension or revocation of the permit. However, if the animal care services manager finds that the needs of the animals and the public interest will be adequately protected by a warning, he may issue a warning and deny the request for suspension or revocation. (f)A denial of a request for suspension of a permit shall not preclude the animal care services manager from seeking a revocation of the permit as set forth below. (Q)A copy of the written findings and order of the animal care services manager shall be served on the owner of the commercial animal establishment. If the address of the owner is unknown or the notice has been sent via certified mail, return receipt requested and has been returned undelivered, such notice shall be served on the person in charge of the commercial animal establishment or on any employee or agent of the owner. (h) If the permit is suspended, no one shall accept or place any animal in the commercial animal establishment and all sales, services being provided, or business conducted at the establishment shall cease until the permit is reinstated by the animal care services manager. Failure to comply with the cease business order will result in an automatic revocation of the permit. (i) Correction of conditions; inspection; reinstatement of permit. Whenever the reason for a suspension no longer exists, the owner or person in charge of the commercial animal establishment shall notify animal care services that the conditions under which the permit was suspended have been corrected and that an inspection is requested; If the inspection shows that the conditions have been corrected, the animal care services manager shall reinstate the permit unless the animal care services manager has given notice that he is seeking revocation of the permit. (i) If the permit is revoked, no one shall accept or place any animal in the commercial animal establishment and the owner and or operator of the establishment shall divest themselves of the animals within ten calendar days from the date of the revocation. Failure to do so will result in the animals at the Pet facility being declared prohibited animals and said animals will be subject to seizure. (k)Any notice provided for in this section may be served by personal delivery or by certified mail, return receipt requested. (I) In the event a permit is revoked, the city shall not be liable to the permit applicant for any refund of any part of the permit fee. Reinstatement of a permit that has been revoked shall require application and Payment of a permit fee as if it were an initial application; provided, however, no permit shall be issued to the same permit applicant if the applicant has been convicted of any offense involving cruelty to animals; no permit shall be issued to the same permit applicant within one year of the date a permit has been revoked; and no permit shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the permit was revoked shall not reoccur. If there is a dispute between the inspector and the permit applicant for an establishment for which a permit was revoked as to whether adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur, the applicant may request a hearing before the animal care services manager. The hearing shall be conducted under the same procedures as a hearing for a revocation of a permit; however,the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur. Secs. 6-59-6-75. Reserved. ARTICLE IV.ADMINISTRATIVE PROCEEDINGS Page 23 of 46 Sec. 6-76. Registration and permit rev cation—Administrative PFOGeedings.8dministrative Hearing - Registration (a) heli# The animal care services manager or designee may hold an administrative hearing to determine whether any registration issued under article II or aFtiGIe 111 of this chapter should be revoked or to otherwise regulate the keeping of an animal within the city, if: (1) A registration holder fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager or any law governing the protection and keeping of animals in this state; (2) The owner of an unregistered animal, o, the owner of an unvaccinated animal, OF the Gwnor.,f R41#4 1`441P m++eunder this chapter fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager, or any law governing the protection and keeping of animals in this state; (3) An animal has been involved in an unprovoked biting offense and the incident involved bodily injury to a person; (4) An animal has been determined by an animal care officer to be a public nuisance; or (5) An animal has been the subject of two (2) criminal charges and/or violations brought against the animal's owner under this chapter .� at Fesuked hR GanviGtien of the al's ewneF, of two (2) impoundments, or a combination of one such Eenvie#iGr violation and one (1) impoundment, resulting from separate incidents, within the twenty-four-month period immediately preceding the date of the last Genvietien violation or impoundment. Impoundments which occurred as a result of provoked scratching, biting, or attacking incidents may not be considered for purposes of this subsection. (b) Written notice required. (1) An administrative hearing may not be held without giving the registration GF peFMit heldef-, owner of o 0 al animal establishment operating without a p m.+ holder or owner of an unregistered animal prior written notice of the date, time and place of the hearing. (2) Written notice is deemed made when a certified letter, return receipt requested, addressed to the address indicated on the h klef!r'&owner's last registration -r perMit appliG 41 or, if no such application is on file, to the owner's last known address, is deposited in the U.S. mail. Written notice is also deemed made when the notice letter is delivered by an employee or representative of the animal care services manager to the address. (3) +h �steF kept by nota.= A�,r -r";. r4t&,t-L be RGtified by Gel4ified mail depesited OR the- 1-102-0 MA-01 GF by PeFGGRal delivery made by aR �c� �er�v6rrovrrn�2-re�' e�� (c) Disposition. At the conclusion of the administrative hearing, the#l$ animal care services manager or designee shall determine if the ownerper&ar-r holding the registration 4- or the owner of an unregistered animal has violated any provision of this chapter, the regulations promulgated by the animal care services manager, or any law governing the protection and keeping of the animal that is the subject of the administrative hearing. If any violation has been found to have occurred, the animal care services manager or designee, +resat their discretion, may order that any of the following actions be taken within the time GpeGified by the � r deGi,.noo ten calendar days from the date of hearing: (1) That the owner divest himself/herself of the animal that is the subject of the administrative hearing by revocation of the animal's registration and removal from the city; failure to do so will result in the animal being deemed prohibited and said animal will be subject to seizure. (2) That the owner comply with specified conditions deemed to be consistent with the protection of the public health, safety and welfare, so as to be permitted to continue to keep the animal within the city: Page 24 of 46 or That the permit holder divest himself/herself of the animals that are the subject of the (3) That the E)WReF eF peFfflit heldeF GeMply With speGified GeRditieRs deemed te be GeRsisteRt with the preteGtOGR of the publiG health. safety and welfare, se as to be permitted te GE)RtiRue te keep (43) Any other disposition deemed to be consistent with the protection of the public's health, safety and welfare. Secs. 6-77-6-100. Reserved. ARTICLE V.ANIMAL AND RABIES CONTROL Sec. 6-101. Restraint. It is unlawful for an owner to fail to keep an owner's animals under restraint as follows: (1) Except for cats, all animals must be kept under restraint as defined in this chapter. Cats may be free-roaming if otherwise in compliance with the provisions of this chapter. (2) It is a violation of this chapter for any animal to be a public nuisance. An owner and/os' c, violates this provision if the owner's animal is a public nuisance, regardless of any "fault" of the owner :ind/or keeper. Sec. 6-102. Spaying/neutering required of cats. (a) After January 1, 2006, all free-roaming cats are required to be spayed or neutered. For the purposes of this section, "free-roaming" means not securely caged, not under restraint by a leash or lead attached to a collar or harness, or not within the confines of the cat owner's residence or business structure. (b) Any free-roaming cat that is not spayed or neutered is subject to impoundment under this chapter. Nothing contained in this chapter prevents the free-roaming of cats that have been spayed or neutered. Sec. 6-103. Impoundment. (a) Grounds for impoundment. Animals may be impounded by the animal care services division in any of the following circumstances: (1) Any deg-aLnimai not kept under restraint as required by this chapter. (23) Any dog or cat for which a valid city registration has not been issued. (34) Any animal that constitutes a public nuisance. aaimap ('") Any animal that has rabies or exhibits symptoms of rabies, or that a person could reasonably suspect as having rabies. ( ) Any animal, when unprovoked, that bites, scratches, or otherwise attacks another animal or person within the city. Page 25 of 46 (68) Any animal not kept by the owner or permit holder in conformity with this chapter, regulations promulgated by ie# animal care services manager, disposition made in accordance with article IV of this chapter, or state law. (7 ) Any animal upon the written request of the animal's owner and to which the animal care services manager or the animal care services manager's designee agrees that the animal be humanely euthanized for the protection of the public's health, safety and welfare. ( )Any dog that is the subject of a cause of action filed pursuant to V.T.C.A., Health and Safety Code ch. 822, as it may be amended, must be impounded until further order of a court of proper jurisdiction. er t a (b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to V.T.C.A., Health and Safety Code ch. 822, for observation of rabies under section 6-127, or other administrative procedures, impounded animals not claimed must be kept for not less than three (3)working days from date of impoundment. In calculating the length of this time period, the first working day after impoundment is considered day one. (c) Notification of owner. If, by registration or other means, the owner of an impounded animal can be identified, the animal care services division shall, as soon as practicable after impoundment, notify the owner in person or by telephone, if reasonably possible, and if Ret then by mail. advising that, if the impounded animal is not redeemed within five (5) working days, disposition will be made in accordance with this chapter. (d) Redemption. Impounded animals, excluding those impounded as a P61bloG RuisaRGe, a prohibited animal , or an animal held for observation of rabies under section 6-127 or other administrative procedures, are subject to immediate redemption, at the discretion of the Animal Care Services Manager. Impounded animals may be redeemed by anyone entitled to possession of the animals, at the discretion of the Animal Care Services Manager while the animals are in the city animal shelter after paying the appropriate fees as follows: (1) Impoundment fees. Impoundment fees are established in the fee schedule pursuant to section 6-15 of this chapter. n=Ve Ge. hA waiver or partial waiver of an impoundment fee may be granted by the animal care services manager in cases involving exigent circumstances as determined by the animal care services manager. (2) Boarding charge. A boarding charge established in the fee schedule pursuant to section 6-15 of this chapter is not to exceed the reasonable cost of boarding, feeding and caring for the animal for the period of impoundment. Boarding charges apply to redemption of impounded animals and are not applicable to adoption of animals. (3) Rabies vaccination charge. All charges for rabies vaccination if required. (4) Sity-rRegistration charge. City registration charge, if applicable. (e) Redemption—Special circumstances. In case any animal that is impounded is sought to be redeemed and is suffering from any disease or ailment, it may not be released until the animal care services manager is satisfied that arrangements looking to its proper treatment are assured. " Page 26 of 46 (2)Animals impounded for rabies observation are subject to redemption if the animal has satisfied the required length of observation and is determined to be free from rabies as verified by the animal care services manager or designee. (f) Mandatory spay/neuter of dogs following impoundment. (1) Fhe owner or keeper shall keep the animal restrained at all times (except cats as described by sec 6-102) and ensure that the animal is not at large. Dogs found to be at large shall be subject to mandatory sterilization at the owner's expense within thirty (30) days of notification of the violation. 0 MPOURded for beiRg at large at least two (2) tomes OR a twelve MORth peried, whose dog w registered and vaGGiRated OR aGGGrdaRGe with this Ghapter at the tome of the dog's first 0 MpeURdmeRt, and whese deg haS Ret beeR spayed eF ReuteFed, shall have the deg spayed eF (23) Exemption made by animal care services manager. The animal care services manager is authorized to exempt a-dog-; owner from the requirements ofsubseGf,^^4j of this section if the owner proves to the satisfaction of the animal care services manager that the animal met one (1) of the conditions specified in subsection (r_.:) of this section. (34) Certification of spay/neuter procedure. The owner is required )v this section to spay or nt LAer their animal shall submit certification signed by a licensed veterinarian that the procedure was performed no later than the fortieth day following the notification of violation to animal care The f a deg by 1\ (2) of this n tG be Spayed ., services.T„�-ow,Ter�9-reqs+red�su�sestfc�s-(���-o,�ns-ses +haR the fe,beth day f.,ll.,..ORg the a .PI'S Fel.ase fFeM i .,.Jw eRt (45) Offenses. A person commits an offense if the person is required by this section to spay or neuter their animal and fails to provide certification to animal care services of the procedure. spayed er nP,,tPFPd (1�2\ of this-seE R to be spayed ., .,uteFed and the p R fails to P Vid ( ) Affirmative defense. In a prosecution for a violation of subsection (45), it is an affirmative defense that at the time of the animal's impoundment: At the time ef the deg's seGend 1. The deg was- � -a�t�--a-�at+��a.�t rsf+�-ate :The owner of the dog was a member of a national breed club, local breed club, local all-breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding the swan-impoundment. Page 27 of 46 b 4t the time of the dog's cerend impeundment Jhe animaldeq was at large due to a vis major. C. The dsg-animal was at large at the time of its sesend impoundment mile to a fire AN due to the criminal or negligent acts of a third party who was not residing at the dog owner's residence.At trial, evidence of a fire or the criminal or negligent acts of a third party may be presented in one (1) or more of the following manners: 1. A certified copy of a police or fire report verifying the incident; 2. The affidavit of police or fire personnel with direct knowledge of the incident; or 3. The testimony of police or fire personnel with direct knowledge of the incident. ( ) Nothing in this subsection may be construed so as to permit a spayed or neutered dog to run at large. (g) Disposition of animals. (1) Immediately upon impoundment, the city is the designated caretaker of impounded animals. Except as provided in subsections (c) and Q) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3) working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17-6 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten-day period at the county courthouse, City Hall, and the city animal shelter upon the expiration of three (3)working days from the date of impoundment of the livestock. Upon the expiration of the ten-day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. (2) The expiration of the three (3)working days period upon impoundment and the notice of and expiration of the ten-day period with respect to livestock does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of the animal by the animal care services manager. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. (3) In the case of a dog impounded under authority of V.T.C.A., Health and Safety Code ch. 822, as it may be amended, or other state law, the dog may be redeemed upon the court's finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully complied with all insurance and restraint requirements provided by state law, and meets all requirements of this chapter that pertain to the keeping of a dangerous dog. (4) Due to their immature immune system, any impounded animal under four (4) months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the animal care service manager, veterinarian, or their designee. (h) Adoption of unclaimed animal. A person may adopt an unclaimed animal after the expiration of the redemption period and after paying any applicable rabies vaccination fees, registration fees, spay/neuter fees, and adoption fees established in the fee schedule pursuant to section 6-15 of this chapter. A person adopting an unclaimed animal must sign an agreement to have the animal sterilized within thirty (30) days of adoption, in compliance with V.T.C.A., Health and Safety Code ch. 828, if the animal is unsterilized at the time of adoption.All adoptions and approval of applications for adoption are at the discretion of the animal care services manager. (i) Compliance required for release. No impounded dog or cat may be released until the person to whom the dog or cat is to be released agrees and meets all regulations promulgated by the animal care services manager. Page 28 of 46 Q) Euthanasia. The animal care services manager, a licensed veterinarian, or the animal care services manager's designee may direct the immediate euthanization of any animal determined to be seriously injured or diseased under the rules, guidelines, or procedures established by the animal care services manager. Impounded animals not redeemed or adopted as provided for in this section must be humanely euthanized at the city animal shelter under the direction ef an animal seFViGes ^ff^eraperson trained and certified in human euthanasia as outlined in the Texas Healt': and Safety Code. The carcasses must be disposed of as directed by the animal care services manager. (k) Records. The animal care services manager shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2)years. In the case of registered dogs and cats, the registration fag--number and the name of the person to whom it was issued must be noted. In the case of each identifiable animal, it must be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom the animal was delivered, and the fees and charges received from the persons. (1) NetiGe of Welation Citation. In addition to, or in lieu of, impounding an animal under this section, an animal care services officer or any police officer may issue to the owner of the animal a citation for a violation of this chapter. Sec. 6-104. Small anornal traps. Traps with holding mechanisms prohibited; exceptions. No person shall set up or allow to be set up on his property steel iaw traps, spring traps with teeth or perforated edges on the holding mechanism, snares, or any type of trap with a holding mechanism designed in such a fashion as to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of the entrapped prey, for the purpose of ensnaring domestic or wild animals within the city limits. This section is not to be construed to include those traps designed to kill common rodents, i.e., rats, mice, gophers and groundhogs; except that the owner is responsible for taking care that any of the above said "rodent"traps are not placed or used on or about his property in such a manner as to reasonably ensure the trapping of any other domesticated or wild animal, or of a human. Small animal tFaps will be Fented by the animal GaFe seFyiGes diVisien te a Gitizen feF a GhaFge puizsuaRt tG 6- 15 Gf thiG Ghapter fA-.r A-11 small aRimal tizaps that aFe 196t, GtGleR, GF GtheRMORP SeG. 6-105. Dead piGI( up seFYiEe fee. pursuaRt W seGtOE)R 6 15 E)f this Ghapter will be GGIIeGted for eaGh dead dog, Gat, or small aRimal UPOR PiGk SeG. 6-a06. Traps with holding rneGhanisrns prohibited; eXGeptions. Ne peFGeR shall set Up eF allew te be set Up eR his pFepeFty steel jaw tFapS, GpFiRg tFapG with teeth eF designed on SUGh a fashion as te reasonably ensure the Gutting, SliGing, tearing or etheiwise traumatizing ef the entFapped pFey, feF the PUFpese ef ensnaFing demestiG eF wild animals within the Gity limits, unless these tizaps deGigRed te k Aemmen redeRtG, i.e., Fats, MiGe, gepheFs and gF96IRdhegs; exGept that the Page 29 of 46 Secs. 6-1057-6-125. Reserved. Sec. 6-126. R.abies impoundment and quarantine. (a) Any veterinarian or person having knowledge of an animal having bitten, scratched or injured a person, within the city shall report the incident to animal care services who is also the local rabies control authority immediately. No person may own, keep, harb-AX A-.r have Gustedy or r__Amtrel Of A- d—Gg sfrin. eRt PFGVOGOGR shall n ail (b) Any veterinarian or other person having knowledge of an animal diagnosed as having any reportable zoonotic disease shall report same to the animal care services manager within five (5) days.€verL owner of a deg OF Gat immunized against rabies as required On this Ghapter must PFOGure a rabi vaGGOnatmen sa.fmfsate fFeM the veterinarian a.Jministe Fing the. (c) The owner of such diseased or biting or scratching animal who learns of such incident shall immediately give his name and address together with the animal's registered microchip information and date of last rabies vaccination to the person bitten or injured or to a parent or guardian of such person who is under the age of eighteen (18) years. The owner or keeper shall notify the department within twenty-four (24) hours of his name; the animal's registered microchip information; the name of the injured person; and other information requested by the department related to the animal and injured party. The owner or keeper of the diseased or biting or scratching animal shall contact animal care services within twenty-four (24) hours upon receipt or notification from animal care services, The animal care services manager or any appointed animal care officer shall seize and impound any animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal has bitten or scratched a person. A search and seizure warrant shall be obtained from any municipal court fudge or other magistrate to enter onto private property to search for the biting or scratching animal if permission to enter is not given. (1) The owner or keeper of any animal within the city which has bitten or scratched a person so as to have caused a break of the skin shall, on demand of the animal care services manager or any animal care officer, immediately surrender such animal to the animal care services facility, or other approved rabies quarantine facility for observation for a period lasting not more than ten (10) days after the date of the incident, subject to the provisions of subsection (b). (2) The owner of any animal that has bitten or scratched any person shall be allowed to assume personal responsibility for confining the animal for the observation period of ten (10) days, only under the following circumstances: a. Secure facilities must be available at the home of the animal's owner, and must be approved by the animal care services manager; b. The animal was currently vaccinated against rabies when the exposure incident occurred; c. The animal was not in violation of any laws or ordinances at the time of the bite; and d. The animal care services manager, city veterinarian or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal care services manager Created: 2021-04-16 11:40:32 [EST] (Supp. No.34,Update 1) Page 30 of 46 must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing by the veterinarian who will attest to the health of the animal. (3) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law. (4) Violation of the observation confinement of the biting animal as provided in subsection (b)shall be lust cause for seizure and confinement of the animal in the animal care services facility of the city. (5) All wild animals involved in exposure incidents including biting, scratching or any other direct exposure by physical contact will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of State Health Services certified laboratory for rabies diagnosis. (d) Investigation of cases. The animal care services manager or desiqnee shall investigate and record all cases of rabies and suspected rabies. (e) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that dies or is destroyed while in quarantine may not be disposed of except as directed by the animal care services manager. (f) Payment of costs. The owner of an animal quarantined under this section shall pay to the animal care services division the reasonable costs of the quarantine and disposition of the animal, including charges for preparation, processing, and shipment of the animal's head or brain, if required, to the nearest Texas Department of State Health Services Laboratory for Testing. The fee for preparation, processing, and shipment, by the animal care services division, of the animal's head or brain is established in the fee schedule pursuant to section 6-15 of this chapter. SeG. 6-127. Rabies impoundment and quarantine-. (a) impoundment Every animal that has rabies or symptoms of rabies or that a person Gould , , the peFied eftime may net be fev.fer than fon (10) days RGF o fhon f.,l lrfoo., (1 A) .toys has been released from observation by the animal Gare seFViGes manager, IGGal rabies Gentrel ufheFity eF Ii...,.sed veterinarian raboes, or to have been exposed to rabies, or to have SGratGhed, bitten, er ethemise attaGked-any , 61--h-Mit fho 0 al as Fed by thio 66lbSeGtOGR .,lofi.,., .,f thio GhapteF Page 31 of 46 .dfh a riffeR r .,rf disease hea-Ith-vmser and the 0 oh.� -es maRageF the fGIIGWiRg; � (!) The I ,Gofi.,., .,f fho 0 0l (2) The and o.J.Jroee ff fai=rer of fho o mol (3) The type and ^horo^fe-- efir ie disease. Veter4nar4ans'FeGGFd-S. Every veteFiRariaR praGtiGiRg withiR the Gity shall keep detailed reGGrds of .,^f Texas�P'1.,.,.�rfw eRt�ef State Health Se ^ I ah.,raf.,r.r f.,r TeSti.,.. The fee f.,r te pFepaFe, PFGGeSS, and shop the head A_.r h-Fain A-f an animal tA- the Rea-rest Texas Depal4R;eRt of Qfofo HpAlfh Sewero^ I ohnrofnrrr fnr Tocfinn of fhi^ ^hapte f Res. G-1 22. S pay4reufer on ir--Tee-,-;. SGhedule is subjeGt tG the same review and approval requiremeRt OR aR aRRual basis. SuGh fees may Rot Page 32 of 46 GGWRG Secs. 6-1279-6-150. Reserved. ARTICLE VI. CARE AND KEEPING OF ANIMALS Sec. 6-151. Humane animal care and keeping. No person may violate the following provisions for humane animal care and keeping: (1) No owner or keeper may fail to provide the owner's animal with sufficient and wholesome food, water, and necessary shelter and protection from the weather, all within reach of the animal. (2) No owner or keeper may fail to provide animal_ ai said person's possession with humane care and treatment and with veterinary care when needed to prevent or alleviate suffering. (3) No person may beat, cruelly treat, torment, overload, seriously overwork, or otherwise abuse an animal, or cause, instigate, or permit one animal to fight with another animal or person. (4) No person may abandon or neglect an animal. (5) No person, other than a licensed veterinarian, may crop a dog's ears, dock a dog's tail, or remove a dog's dew claws. (6) No person may sell an animal to, buy an animal from, or barter or exchange for an animal with, any commercial animal establishment that does not have a valid commercial permit nor may a person sell, buy, donate, or barter or exchange for, an animal upon commercial property without possessing a valid commercial permit. (7) No person may sell, offer for sale, or donate any animal to another person, or barter or exchange with any other person for an animal, upon any public property within the city. Public property includes, but is not limited to, streets, alleys, sidewalks, parking lots, and rights-of-way and easements. (8) No person may sell or deliver live chickens, ducklings, goslings, or rabbits to any other person within the period of thirty (30) days prior to Easter Sunday and on Easter Sunday. Hatcheries and commercial animal establishments that buy and sell animals intended for agricultural use or to be raised for commercial purposes are excluded from the prohibitions contained in this subsection. (9) No person may give away or offer to give away any live animal, except for goldfish, as a prize for or as an inducement to enter any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer any animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (10) No person may sell, offer for sale, barter, or display any living chickens, rabbits, ducks, or any other fowl or animal which has been dyed, colored, or otherwise treated so as to impart to it an artificial color. (11) No person may expose any poisonous substance, whether mixed with food or not, so that the same is likely to be eaten by any animal; provided, that, it is not a violation of this chapter for a person to expose on a person's own property common rat poison having a blood-thinning agent or other agent approved by the department of public health, mixed only with vegetable substances and intended for consumption by rats or mice only. Created: 2021-04-16 11:40:32 [EST] (Supp. No.34,Update 1) Page 33 of 46 (12) No person may allow an enclosure used to confine animals to be maintained in an unsanitary condition at times any time. (13) No person may tether, hitGh, or stake out any animal, or per.m.it an animal t(6 h_P_ te-the.red-I hitGhed, or staked Ae utsse_ that the R-ni.M.A-1 Gan go upon A_Rstretdh any FOpe, Ghain, strap, or other FeStFaint deviGe by whiGh the animal is , , sidewalk, alley or street (14) Ne peFsen may tetheF, toe, eF fasten any animal te any lamppest, lightpele, Util 6 ty pele, awniRg ewneF of the ebjeet to which the animal is tetheredtied- er fas;tene._ (134-5) No person may sell, offer for sale, barter, donate, or display turtles with a carapace length of less than four(4) inches or viable turtle eggs. An educational or research institution is exempt from the display prohibition contained in this subsection if the turtles or turtle eggs are displayed for educational or research purposes. Sec. 6-152. Performing animals. (a) No performing animal exhibit, performing animal exhibition, rodeo, or circus is permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. (b) All equipment used on a performing animal must fit properly and be in good working condition. Sec. 6-153. Keeping of certain animals prohibited. No person may keep, own, maintain, use, or have in the person's possession or on premises under the person's control, within the city, any of the following: (1) Any dangerous animal, except in accordance with this chapter and the regulations promulgated by the animal care services manager. (2) Any guard dog, except in accordance with the provisions of this chapter. (3) Any livestock or fowl, other than banded homing pigeons as stated in subsection (5) of this section, except when raised as part of an animal husbandry program for youths or kept in accordance with section 6-154 of this chapter. (4) Any prohibited animal, except when possessed under the provisions of section 6-57 of this chapter. (5) Pigeons, other than banded homing pigeons when raised for other than commercial purposes, confined to closed lofts, except for owner-supervised training or exercise flights, and kept in compliance with section 6-154 and all other provisions of this chapter. Sec. 6-154. Keeping of any livestock or fowl. (a) The keeping on any premises in the city, `^ithiR aRY g dtistriet ether than an II Light lRdt6Istriel e , of any fowl or livestock not prohibited by section 6-153, is prohibited unless: (1) The pens, stalls, or other facilities for keeping the livestock or fowl 9ther theR feRGedt GpeR pastuFes that aFe gFeateF the^ ^e^ (4) e^r are located so that the livestock or fowl cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. (2) The pens, stalls, or other facilities for keeping the livestock or fowl, ^then than fe^^edt epe„ ^t„re^ that e eater than e e (1) e are located so that the livestock or fowl cannot Page 34 of 46 come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. (3) The fenced open pasture, which is greater than eno (1) orro for keeping the livestock or fowl has a means of preventing the livestock or fowl from coming within twenty-five (25) feet of any property line that abuts an existing residence. (b) The provisions contained in subsection (a) do not apply to fowl which are kept in completely enclosed and solidly walled facilities, to urban domestic fowl (commonly known as chickens) kept in conformity with the provisions of subsection (c) of this section, or to species of birds other than poultry. (c) Urban domestic fowl. Domestic fowl may be kept in a residential zoning district so long as the owner, tenant, or person in control of the premises where the fowl are kept complies with the following conditions at all times: (1) The number of fowl kept on the premises cannot exceed seven (7); '?I The few! aFe kept 9F used feF egg PFGd6lGtOGR P61FPGGeG GRIY, With GGR661MPtOGR Gf the eggS b-Yk the keener 9 PeFGGRG OR the keeper's he Beheld: ( ) No profit or business may be derived from the keeping or use of the fowl or eggse keepeR (34) The wings of the fowl must be kept clipped to prevent flight; (46) The fowl must be provided with a hen house ("coop") located in the backyard area of the premises, and the dimensions of the coop must not exceed five-foot width by five-foot height by five-foot length; (56) The coop must be completely surrounded by a six-foot high secure and substantial fenced enclosure " , be kept, 66IGh A-16 A- 130:9 feet high PFGPeFty feRGe 9F wall, the FequiFement te ha-ve a GhiGkeR P mise 'GRP +"� .�i� €#"� t:r that provides adequate space for the fowl to roam and the fowl are kept in the enclosure at all times; ( ) The chicken may not be located closer than twenty-five (25) feet to any existing dwelling or business building owned, used, or maintained by any person other than the ,)wner and/or keeper; (78) The owner or keeper must maintain the fowl, coop, and enclosed yard area, a44�L-, in a manner that prevents odor, health, and sanitation problems; (89) Any sudden affliction, illness, or death occurring to any of the fowl must be immediately reported by the owner or keeper to the local health authority and to animal control servicesdivisiOR; and (946)Roosters may not be present or kept on the premises. (d) The keeping of urban domestic fowl in conformity with this chapter may not be construed to constitute a violation of any zoning law or provision. (e) Buildings and structures used to keep animals within an IL Light Industrial or IH Heavy Industrial District (formerly, I-2 Light Industrial or I-3 Heavy Industrial District of the zoning ordinances, respectively) must meet the setback requirements in the Unified Development Code, as applicable in the appropriate district and as each may be amended. Page 35 of 46 Sec. 6-155. Keeping of more than six pets. (a) The keeping on any premises in the city, in any zoning district other than 1-2 Light Industrial or 1-3 Heavy Industrial District, of any pets in any number exceeding six (6) in aggregate, other than rodents and fish, is prohibited unless: (1) The pens, stalls or other enclosure facilities for keeping the pets, other than fenced open pastures that are greater than one (1) acre, are located so that the pets cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. (2) The pens, stalls or other facilities for keeping the pets, other than fenced open pastures that are greater than one (1) acre, are located so that the pets cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. (3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the pets from coming within twenty-five (25) feet of any property line that abuts an existing residence. (b) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy Industrial District must meet the set back requirements in sections 20-5.04 or 21-6.04 of the zoning ordinances, as applicable in the appropriate district and as each section may be amended. Sec. 6-156. Maximum reknboned number of animals permitted. The keeping on any premises in the city, in any zoning district of any pets exceeding six (6), not to exceed a total of fourteen (14), is prohibited unless: (1)The property that the pens, stalls, facilities or other enclosures are located on are greater or equal to one (1) acre (2)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to come within five hundred (500) feet of any existing food service or food processing establishment, regardless or occupancy or ownership of the establishment. (3)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to come within twenty-five (25) feet of any property line that abuts an existing residence. Heavy 1 ndustrial DiStFiGt, of a GOmbined total of more than fourteen (14) animals 06 prohibited unless: (1) The pens, stalls, E)F E)theF enGIE)GUFe faGilities feF keeping the animals, etheF than fenGed epen faGolmtoes Genfine the animals se as net te peFMit the animals te Geme within five hundFed (500) A-f the exte-Fie-F limits ef aRy eXiGtiRg buildiRg used f9F human ha-h-ita-tieR A-F used- fA-.F the busine'_;'_;_G� f.,rfh in ooG_finn 6 157\ establishment,ef any existing feed seFyiGe establishment E)F feed PFE)Gessing ewneFship a of the establishment. Created: 2021-04-16 11:40:32 [EST] (Supp. No.34,Update 1) Page 36 of 46 fFGM GGMiRg WithiR tWeRty five (25) feet ef aRY PFGpel4y liRe that abuts aR eXiGtiRg Felsid-P-RA-e. (b) BUOIGIORgs and StFUGt1_1Fe1._; 1-15-Sedd We keep aRimals vVithin an 1-22 Light lRdustrial or 1 3 Heavy Ind-W.-stria-1 -M-stror-1 mi-v-st meet the !.Set baGk requiremeRfis on ser-tion :20-5 04 Ar:21-6 04 Af the ZORiRg OFE]ORaRGes, Sec. 6-157. Exceptions to distance and number requirement regulations. (a) Laboratories, veterinarians, and others listed. Where livestock or fowl are kept in medical laboratories or educational institutions for medical research, in veterinary hospitals for treatment, or on the premises of any recognized humane society for humane care, the livestock or fowl must be kept under conditions prescribed by the animal care services manager for the limited purposes stated in this subsection without the necessity of compliance with the distance and number requirements prescribed in this chapter. (b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled facilities need not comply with the distance and number requirements prescribed in this chapter. (c) Exempted premises in newly annexed area. Where any animal is being kept at a location outside the city limits and, by annexation, the area becomes a part of and within the boundaries of the incorporated area of the city, the distance and number requirements do not apply for a period of ( ) years from and after the date of annexation. Extensions of this exemption may be obtained for successive 4vethree-year periods by applying for and obtaining a certificate from the animal care services manager certifying to the existence of sanitary conditions of the premises and neighboring premises. y be kept in a RGt o eediRg Sixty (60) Ge IGRg as ( ) Events. Where any animal is kept as part of an auction, circus, performing animal exhibit, performing animal exhibition, or rodeo for which a commercial permit has been obtained in accordance with article III of this chapter, or is kept as part of an animal special event authorized by the animal care services division, the holder of the permit or the person so authorized is exempt from the distance and maximum animal number requirements prescribed in this chapter. Sec. 6-158.Animal waste. (a) The owner of each animal is required to remove any feces deposited by the owner's animal on public or private property. (b) Feces deposited by an animal on public property or upon the private property of any person other than the animal's owner must be collected and removed at once by the animal's owner. Animal feces deposited upon any other property must be collected and removed daily. (c) Collection and removal of animal feces must be in a container of a type that, when closed, is rat- proof and airtight. The container must be kept closed after each collection and, at least once a week, all collected feces must be disposed of in a manner that does not to permit fly breeding or other unhealthy conditions. Sec. 6-159. Storage of food, GOntrol of rats.p—toraqe and condition of food; control of rats and pests. (a) All food provided for animals and kept outdoors must be stored and kept in a rat-proof and airtight building, box, container, or receptacle. (b) Stables must carry out an active, on-going rat and pest control program. Page 37 of 46 (c) All food provided for animals must be free of pests, debris, and mold, or any other foreign objects or corruption that could cause harm or illness to the animal it is intended for. Sec. 6-160. Dangerous dog fe^^i^^.Tethering dogs and other animals. (a) It shall be unlawful for any person to tie any animal, excluding livestock, to a stationary object. All animals that are tethered must be on a running line, pulley system or trolley. (b) No person may tether an animal in a manner that permits the animal to reach any alley, sidewalk, public street, or property not belonging to the owner or keeper. (c) No person may properly tether any animal to any lamppost, light pole, utility pole, awning post, tree, fence, hydrant, or shrubbery belonging to another person without the consent of the owner of the object to which the animal is tethered, (d) No person may tether an animal in such a manner that allows the animal to become entangled. (e) No person may tether an animal on a cable attached to a running line, pulling system or trolley, that is less than ten feet in length. (f) No person may tether an animal by means of a pinch-type, prong-type, choke type, or improperly fitted collar. GIA Sec. 6-161. Dangerous dog leash.Adeguate sheltering of Canines (a) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors without direct physical supervision for any period of time without providing direct access to adequate shelter. Direct physical supervision shall mean physically in the presence of the animal without barrier. (b) Adequate shelter shall be defined as an enclosure that: (1) is structurally sound; (2) is impervious to moisture; (3) is in good repair so as to protect the animal from injury; (4) is ventilated so as to allow any trapped air, heat or gasses to escape; (5) is maintained in a sanitary condition; (6) enables the animal to remain dry and clean; and (7) provides sufficient space allowing each animal within the enclosure to easily enter and exit, sit, stand, lie down, and turnabout freely inside without touching the ceiling or walls. (c) The enclosure shall be located in an area where it sits under direct shade for the most part of the day. If no natural shade is available in form of trees and nearby structures, shade shall be supplemented by introducing a tarp to the area extending over the shelter. (d) The area around the enclosure shall be maintained in a clean and sanitary condition, free from any trash or debris in which the animals may consume, become entangled upon, or otherwise cause injury upon itself/themselves. Page 38 of 46 (e) On days when the ambient temperature falls at or below 50 degrees Fahrenheit, bedding shall be placed inside of the enclosure. (f) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors for any period of time without direct supervision as defined above in subsection (a), in the case of extreme weather conditions, including conditions in which: (1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit. (2) A heat advisory has been issued by a local or state authority or jurisdiction. at o y time the deg io Gt On AIGR pro Sec. 6-162. Tethering dogs and other anomals.Failure to reclaim impounded animal. No person may knowingly fail to reclaim an impounded animal from the city animal shelter. This section shall apply to any person who: (a) Fails to reclaim their animal after the bite quarantine observation period has been completed. (b) After written notice of impoundment at the city animal shelter, fails to reclaim their animal (c) Leaves an animal at the city animal shelter without making prior arrangements with a staff member or delegate of the city animal shelter to have the animal owner surrendered, then fails to return and reclaim the animal within twenty four (24) hours of the drop off. Any person failing to reclaim their animal from the city animal shelter as listed above shall be subject to penalties defined in section 6-2 and shall be required to reimburse CCACS for any fees accumulated while providing care for animals left at the shelter, pursuant to sections 6-103(d) and 6-15. Sec. 6-163. ViEieus dogleeding of Animals (a, P; person commits an offense if the person intentionally, knowingly, or recklessly feeds any animal, not limited to prohibited animals, by making food available for consumption on private or public Property within the territorial limits of the city, and creates a public nuisance or encourages the destruction of private or public property through feeding of the animals. With Exemption to; Sec. 6- 57. Or 6-58. (b) A person shall be deemed to have fed an animal if the person places food in any form as defined in this section within reach of animals. (c) A person who violates any provision of this ordinance commits an offense subjected to citations following sec. Sec. 6-2. - Penalties. Page 39 of 46 (d) An exception to this section is any animal is being fed by an owner or keeper as defined in this chapter's definitions. (e) If the property is vacant or abandoned, notice shall be provided to the last known owner. Criminal Trespass citations may be given with permission of the property owner. with a deg that, by nature or by training, is dangerous to people or other animals. (b) An ewneF eF handleF may net keep eF peFmit a deg te be On the Gity Of the deg has en at least ene (1) eGGas en: (-rr r'nvciTer�rvg, Gat,-er-etrrer�rvrncSt+G pet, vvrr,-virocStO ; er Sec 6-164. Impounding abandoned or unrestrained animals (a) The department may order the seizure and impoundment of any abandoned animal as defined in this chapter. Disposition of said seized and impounded abandoned animals shall be in accordance with impounded animals of this chapter. Any trap, neuter and return (TNR) program that has been identified and approved with the department shall not constitute a violation of this section. (b) Animal care officers or other law enforcement officers shall have the power to impound unrestrained animals for the purpose of abating the nuisance as follows: (1) On public property, in all cases; (2) On private property, if the consent of the resident or property owner is obtained; (3) On private property, in all cases except fenced rear yards of residences, if the officer reasonably believes that the animal will run at large if not impounded. Secs. 6-1654-6-200. Reserved. ARTICLE VII. WILDLIFE AND BIRD SANCTUARIES Sec. 6-201. Designated. (a) Subject to the further order, regulations and control by the city council, there is hereby designated as a wildlife and bird sanctuary all of that area owned by the city abutting on Up River Road in the county and more particularly described in two (2) deeds: One (1) deed dated December 30, 1954, of record in Volume 669, pages 189 through 191 of the Deed Records of Nueces County, and one (1) deed dated January 7, 1955, of record in Volume 672, pages 346 through 350 of the Deed Records of Nueces County, Texas. This designation shall not prohibit, nor prevent the continued use of such land as a part of the facilities of the water division of the department of public utilities, and any operations by city employees in draining or otherwise using such tract of land by such water division shall be exempt from the provisions of section 6-202. (b) Subject to the further order, regulation and control by the city council and the Lower Nueces River Water Supply District, there is hereby designated as a wildlife and bird sanctuary all area situated in Jim Wells and San Patricio Counties lying east of the Wesley Seale Dam and more particularly Page 40 of 46 described as follows:All of that area bounded on the south by the city operations road on the Wade property; bounded on the west by the Wesley Seale Dam; bounded on the north by a line parallel to State Park Road 25 and immediately south of the trunk lines gauging station and extending from the south end of the north embankment of the dam easterly to the boundary of State Park Road 25; and thence along Park Road 25 to its intersection with the Southern Pacific Railroad right-of-way; and bounded on the east by the Southern Pacific Railroad west right-of-way line to said city operations road. This designation shall not prohibit, nor prevent the continued use of said land as a part of the facilities of the water division of the department of public utilities and the operations of the city and the water district in connection with the using of said tract, and the said water reservoir shall be exempt from the provisions of section 6-202. This designation is subject to the heretofore existing rights of the Campfire Girls' lease on a portion of the water reservoir site. Sec. 6-202. Regulations. The following regulations shall be applicable to the areas designated in section 6-201 and in all other areas designated by the city council as wildlife and bird sanctuaries, whether situated within the city limits or owned by the city, whether within the city limits or outside the city limits: (1) It is unlawful for any person to hunt, take, kill or possess or attempt to hunt, take or kill any bird or animal within the limits of any wildlife and bird sanctuary designated as such sanctuary by the city council at any time. (2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and bird sanctuary within the city. (3) It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device whatever usable for the killing, trapping or taking of any bird or other wildlife on any wildlife or bird sanctuary within the city. (4) No clearing of grass, brush or trees will be permitted without permission from the city and the water district acting through the reservoir superintendent. Secs. 6-203-6-225. Reserved. ARTICLE Vlll. BEEKEEPING Sec. 6-226. Findings. The city council finds that honeybees are of benefit to mankind by providing agriculture, fruit and garden pollination services and by furnishing honey, wax, and other useful products; domestic strains of honeybees have been selectively bred for desirable traits, including gentleness, honey production and tendency not to swarm; and gentle strains of honeybees can usually be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed. Sec. 6-227. Definition. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning: Apiary means a place where one (1) or more bee colonies are kept. Bee means any stage of the common domestic honeybee, apis mellifera species. Colony means a hive and its equipment and appurtenances including bees, comb, honey, pollen and brood. Hive means a structure intended for the housing of a bee colony. Page 41 of 46 Tract means a contiguous parcel of land under common ownership. Undeveloped property means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. Sec. 6-228. Certain conduct declared unlawful. (a) The purpose of this article is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas, especially protection of persons from personal injury. (b) Notwithstanding compliance with the various requirements of this article it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others. Sec. 6-229. Hives. All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and usable condition. Sec. 6-230. Fencing of flyways. In each instance in which any colony is situated within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in vicinity of the apiary. It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least twenty-five (25) feet from the property line of the apiary tract. Sec. 6-231. Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths, or other water sources where they may cause human, bird or domestic pet contact. Sec. 6-232. General maintenance. Each beekeeper shall ensure that no bee comb or other materials that might attract bees to the location are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure. Sec. 6-233. Queens. All hives shall be requeened annually when a quarantine or regulated area declared by the Texas Apiary Inspection Service is in effect. In addition, in any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics. Queens must be obtained from a nonquarantined area. Page 42 of 46 Sec. 6-234. Colony densities. (a) It shall be unlawful to keep more than the following number of colonies on any tract within the city, based upon the size of configuration of the tract on which the apiary is situated: (1) One-quarter acre or less tract size—Two (2) colonies. (2) More than one-quarter acre but less than one-half acre tract size—Four (4) colonies. (3) More than one-half acre but less than one (1) acre tract size—Six (6) colonies. (4) One (1) acre or larger tract size—Eight (8) colonies. (5) Regardless of tract size, where all hives are situated at least two hundred (200) feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies. (6) Regardless of tract size, so long as all property, other than the tract upon which the hives are situated, that is within a radius of at least two hundred (200) feet from any hive remains undeveloped property there shall be no limit to the number of colonies. (b) For each two (2) colonies authorized under colony densities (subsection (a))there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) standard nine and five-eighths (9-5/8) inch depth ten-frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days. Sec. 6-235. Marking hives, presumption of beekeeping. (a) In apiaries the name and telephone number of the beekeeper shall be branded, painted, or otherwise clearly marked upon the structure of at least two (2) hives and placed at opposite ends of the apiary. Instead of marking the hives, the beekeeper may conspicuously post a sign setting forth the name and telephone number of the beekeeper. It is a defense to prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides. (b) Unless marked in accordance with subsection (a) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper. Sec. 6-236. Inspection. (a) The animal care services manager or designee shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. Presence of an apiary constitutes consent to the Animai Care Services Managerdireeter or his/her designee to enter the premises. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives. (b) The authority provided for in this article is only for the general protection of the public health and safety. Neither the city, nor any officer or employee charged with the enforcement of this article shall owe any duty to any person in carrying out any provision of this article, nor shall any of them be liable to any person for any act or omission in carrying out any provision of this article. Nothing herein shall waive any immunity from liability of the city or any of its officers or employees, or imply any duty or liability in any area of city operations. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 27, 1-20-2015) Page 43 of 46 Sec. 6-237. Compliance. (a) Upon receipt of information that any colony situated within the city is not being kept in compliance with this article, the animal care services manager shall cause an investigation to be conducted. If he/she finds that grounds exist to believe that one (1) or more violations have occurred he/she shall cause a written notice of hearing to be issued to the beekeeper. (b) The notice of hearing shall set forth: (1) The date, time and place at which the hearing will be conducted; (2) The violation(s) alleged; (3) That the beekeeper may appear in person or through counsel, and present evidence; and (4) That the bees may be ordered destroyed or removed from the city if after the hearing the animal care services manager finds that they have been kept in violation of this article. Notices shall be given by certified U.S. mail or personal delivery. However, if the animal care services manager is unable to locate the beekeeper, then the notice may be given by publication one (1) time in a newspaper of general circulation at least five (5) days prior to the date of the hearing. (c) The hearing shall be conducted by the animal care services manager or a hearing officer that he/she may designate. The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been kept in violation of this article. If the hearing officer finds that the colony or colonies have been kept in violation of this article then he/she may order that the bees be destroyed or removed from the city, within a period not to exceed twenty (20) days, and that bees shall not thereafter be kept upon the tract for a period of two (2)years. In instances where the hearing officer finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then he/she may issue a warning in lieu of ordering the bees destroyed or removed. Upon failure of the beekeeper to comply with the order the animal care services manager may cause the bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony is destroyed all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall upon the beekeeper's request be returned to the beekeeper, provided that the beekeeper agrees to bear all transportation expenses for their return. (d) The decision of the hearing officer may be appealed by filing a notice of appeal with the city manager within ten (10) days following the date that the hearing officer announces his/her decision, or if the decision is not announced at the conclusion of the hearing, then within fifteen (15) days following the date that the hearing officer places written notice of his decision in the mail to the beekeeper. An appeal shall not stay the hearing officer's decision. The decision of the city manager shall be final. (e) The provisions of this section shall not be construed to require the conduct of a hearing for the destruction of: (1) Any bee colony not residing in a hive structure intended for beekeeping; (2) Any swarm of bees; (3) Any colony residing in a standard or manmade hive, which by virtue of its condition, has obviously been abandoned by the beekeeper; or (4) Where immediately necessary to protect the public health or safety. Page 44 of 46 Sec. 6-238. Conflicts with zoning ordinance. If there should be any conflict between this article and the city zoning ordinance, the zoning ordinance shall control. SECTION 2. The animal care services department is a division of Neighborhood Services within the City of Corpus Christi and is in the charge of a person having suitable qualifications and designated by the city as the animal care services manager. In addition to the duties specifically prescribed in Chapter 6, it is the responsibility of the animal care services manager to execute the duties and provisions of this chapter as well as Texas state law pertaining to animals. The animal care services manager shall supervise the operation of the city animal shelter. All monies collected by the animal care services division under the terms of this chapter must be paid to the collections section of the city in accordance with the policies of the city's finance department. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. Fines are as provided in Section 6-2 of the City Code. SECTION 6. This ordinance shall go into effect immediately upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma Page 45 of 46 That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of 12021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 46 of 46 Chapter 6 ANIMAL CARE AND CONTROL ARTICLE I. GENERAL PROVISIONS Sec. 6-1. Definitions. (a) As used in this chapter, the following words have the meanings ascribed to them in this section: Abandoned animal means an animal left without care by the owner and or keeper without making reasonable arrangements for assumption of custody by another person. Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens. Animal care officer means the animal care services division manager, employees of the animal care services division, or authorized agents of animal care services. Animal care services means a division of the City of Corpus Christi responsible for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of animals, including the provisions of this chapter. Animal Care Services Manager means the program manager of Corpus Christi Animal Care Services. At large or running at large means any animal within the city not kept under restraint. Attack means to set upon with violent force. Auction means any place or facility within the city where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar, jaguar, leopard, lion, panther, tiger, or other prohibited animal. Circus means a commercial variety show featuring animal acts for public entertainment. City means the City of Corpus Christi. City animal shelter means a place operated by or for the city, whether in city facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law. Collar or harness means a band of leather, nylon, rope, or similar material, excluding chain if utilized for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by the animal's owner, and to which a leash or lead can be attached. Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building, structure, or premises within the city used for the business of buying, selling, grooming, breeding, or boarding of animals. Commercial property means: (1) Any portion of land or buildings, excluding publicly owned property, that is zoned or utilized for commercial or business uses within the city, including temporary sites. (2) Any vehicle utilized for commercial or business purposes within the city. Department means Corpus Christi Animal Care Services. Page 1 of 36 Dog means a domesticated member of the Canidae (canine)family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal. Food means: With respect to animals any commercially processed and packaged substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaged. Food processing establishment means any place in which food is commercially manufactured or packaged for human consumption. Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles. Fowl means any live bird. Grooming shop means a commercial enterprise where two (2) or more dogs or cats over four (4) months of age are groomed, upon agreement with the dog or cat owner, on a service-for-fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale any fowl to commercial or agricultural customers. Impound means any of the following: (1) the placing of an animal in the city's animal care services facility (2) the taking of an animal into custody for purposes of transporting the animal to the city's animal care services facility (3) an officer in pursuit of an animal, and in lieu of taking custody of the animal, elects to return the animal to its owner with proper written notices, warnings and admonishments. Keeper means any person, firm, corporation, organization, or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances. Kennel means a commercial enterprise, excluding a veterinary hospital, where four(4) or more dogs or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and construction ordinances. Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and swine. Microchip means an identification chip implanted under the skin of an animal for the purpose of identifying its owner or keeper which has been registered with a microchip registration company with current ownership information to include the current owner or keeper's name, address and telephone number, and the description of the animal. Page 2 of 36 Owner means any person owning, keeping, or harboring one (1) or more animals. An animal is deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided water and sheltered or restrained except upon the authorization of the animal care services manager. If the owner of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances and shall be identified as the legal owner of said animal. Performing animal exhibit means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration. Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event exceeds two (2) calendar days in duration. Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and animal-related products. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Poultry means any species of domesticated fowl commonly kept for eggs or meat, such as chickens, turkeys, ducks, or geese. Prohibited animal means any animal, other than a common household pet, such as a canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected by international, federal or state laws or regulations, and includes, but is not limited to, the following: (1) Within the class Reptilia: family Helodermatidea (venomous lizards); family Varanidae (monitors); Order Ophidia, family Boidoe (boas, pythons and anacondas); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers and true vipers); family Elapidae (coral snakes, cobras, and mambas); family Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans and gavials); (2) Within the class Aves: order Falconiforms (hawks, eagles and vultures) and subdivision Rapitae (ostriches, rheas, cassowaries and emus); (3) Within the class Mammalia: order Carnivora, family Felidae, (such as cougars, tigers, lions, bobcats and ocelots) except domesticated cats, family Canidae (such as wolves, dingos, coyotes and jackals) except domesticated dogs, family Mustelidae (such as weasels, skunks, martins, mink and badgers), family Procyonidae (such as raccoons), and family Ursidae (such as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison and camels); and (4) Within the class Amphibia: Poisonous frogs, toads and salamanders. Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with this chapter is considered provocation, irrespective of the reason for the entrance. Public nuisance means any animal that: (1) Is a dangerous dog within the meaning of V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (2) Trespasses on school grounds. Page 3 of 36 (3) Is repeatedly at large. (4) Damages private or public property. (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours. (6) Bites, attacks or injures a domestic animal. (7) Bites, attacks, or injures a person. (8) Creates a danger to the public or destroys public/private property. Pursuit means The act of attempting to capture and/or impound an animal. Rat-proof means a state of being constructed so as to effectively prevent the entrance of rats. Reclaim means to retrieve or recover an animal from the city animal shelter after quarantine or impound. Registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat within the city. Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands, within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence; or properly tethered. Livestock must be kept in species appropriate enclosures; i.e. stalls, pens, or in pastures or paddocks with secure and substantial fencing. In addition, a dog is deemed under restraint in the following circumstances: (1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city, while the dog is actually engaged in the show, trial or exhibition. (2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, the person training the dog has in the person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of sufficient strength to control the dog. (3) When the dog is used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (4) When the dog is utilized by a licensed peace officer for law enforcement purposes. Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure with respect to Dangerous Dogs means a fenced area or structure separate from the owners residence in respect to their house if contact is possible with guests, invitees, or licensees, and meets the following requirements: (1) At least six(6) feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two (2) feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing,jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and Page 4 of 36 (7) Located no less than five (5) feet from another property line or fence adjoining the premises on which the enclosure is located. Secure Enclosure with respect to animals that are not Dangerous Dogs means an enclosure that is species appropriate and prevents the animal from leaving said enclosure on its own volition, preventing it from being at large. Shelter means a structure that has three sides, a roof, and a floor; reference 6-161 for additional requirements Stable means any place that provides: (1) Any horse, pony, donkey, or mule for hire. (2) Boarding or grazing for any horse, pony, donkey or mule. (3) Riding instruction on any horse, pony, donkey or mule. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a running line, pulley system, or trolley. Tied means to improperly restrain an animal by means of securing the animal to a fixed point. Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal care services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injuries to animals. Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals and that is accredited by a recognized national or state zoological entity. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. (b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female gender. (c) The singular form of words includes the plural form and vice versa. Sec. 6-2. Penalties. (a) No person may violate any provisions of this chapter. A violation of any of the provisions of this chapter constitutes a violation of a public health law. A violation is punishable by a fine of not less than fifty dollars ($50.00) plus court costs nor more than five hundred dollars ($500.00) plus court costs. (b) Violations of this chapter are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the provision with which the person is charged under this chapter. (c) Each day a violation continues constitutes a separate offense. Sec. 6-3. RESERVED. Page 5 of 36 Sec. 6-4. Interference with animal care officer. No person may interfere with an animal care officer while an officer is engaged in the performance of the officer's duties. Sec. 6-5. Pursuit of animals. For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, an animal care officer or police officer may enter upon private property to the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal which the officer has reason to believe is subject to impoundment under the provisions of this chapter or other applicable laws. Sec. 6-6. Regulations. Regulations providing for the interpretation and enforcement of this chapter may be adopted by Animal Care Services. The regulations are effective after review at a public meeting held by the animal control advisory committee. A copy of the regulations will be kept on file in the city secretary's office. Sec. 6-7. Compliance with chapter required for keeping animals. No person may do any act forbidden or fail to do any act required in this chapter. Sec. 6-8. Compliance with sanitation standards required for keeping animals. The owner of any animal within the city and the holder of any commercial permit issued under this chapter must comply with the standards of sanitation established by the Animal Care Services Manager under this chapter. Sec. 6-9. Compliance with chapter not relief from compliance with federal, state, and city laws, rules, and regulations. The keeping of any animal in accordance with the provisions of this chapter may not be construed to authorize the keeping of the animal in violation of any federal, state, or city laws, rules, and regulations, including the zoning ordinances or any other ordinance of the city. Sec. 6-10. Inspection of animals and premises. Animals and premises where animals are kept or maintained are subject to inspection by the animal care services manager, an animal care officer, or any police officer at any reasonable hour, or at any hour in cases of emergency. Sec. 6-11. Abatement of conditions not complying with chapter. Whenever any premises where animals are kept out of compliance with the provisions of this chapter, any regulations established by theAnimal Care Service Manager, or any ordinance or law pertaining to the care or keeping of an animal, the animal care services manager or designee, by written notice to the person responsible for the premises or the keeping of the animals or to the person owning or in control of the premises, may order the abatement of the conditions preventing compliance. Failure to comply with the written notice constitutes grounds for the city to obtain relief by injunction. Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges. Page 6 of 36 Sec. 6-12. Application omissions or falsifications. If an applicant has withheld or falsified any information on an application submitted under this chapter, the animal care services manager may refuse to issue a registration or permit, or may revoke any registration or permit issued in connection with the application. Sec. 6-13. Effect of prior convictions; subsequent bite incident. (a) No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United States may be issued a registration or permit. (b) No person may be issued a registration if the person has been convicted within the preceding twenty-four (24) months of two (2) or more violations, resulting from separate incidents, for failure to restrain an animal under this chapter and who owns an animal that was involved in a documented biting incident, which incident occurred without provocation, resulted in injury to another person or domestic animal, and occurred subsequent to the convictions. (1) Any person denied issuance of a registration under this subsection (b) may challenge the denial by filing a written protest for review by the city manager, or the city manager's designee. Any protest must be submitted to the city manager's office within ten (10) days of denial of issuance. (2) Upon review by the city manager, or designee, of a written protest, the city manager's decision is final. (c) For purposes of this section, a prior court order of deferred adjudication or deferred disposition is considered a conviction. Sec. 6-14. Reapplication upon denial of registration. (a) Any person having been denied a registration for any reason other than section 6-13 of this chapter may not reapply for a period of thirty (30) days after such denial. (b) Any person having been denied a registration under subsection 6-13(b) of this chapter may not reapply for a period of twenty-four(24) months after such denial. (c) Each reapplication for registration must be accompanied by a nonrefundable ten-dollar ($10.00) fee. Sec. 6-15. Fee schedule. Fees for animal care services shall be charged pursuant to the animal care service fee schedule filed with the city secretary. Animal care fee schedule will be submitted to city council annually for review. Any adjustment of the animal care service fee schedule requires city council approval. Sec. 6-16. Waiver or reduction of fees. The animal care services manager is authorized to reduce or waive fees for adoption events or where necessary to advance the goals of animal care services. Sec. 6-17. Local rabies control authority. (a) The animal care services manager is designated as the local rabies control authority to enforce the provisions of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code § 826.001 et seq.). (b) The duties of the local rabies control authority shall include, but are not limited to the enforcement of: Page 7 of 36 (1) The provisions of the Rabies Control Act of 1981, and the rules of the state board of health which comprises the minimum standards for rabies control; (2) The ordinances and/or rules of the City of Corpus Christi; and/or (3) The rules adopted by the state board of health under the area quarantine provisions of V.T.C.A., Health and Safety Code § 826.045 of said Act. Secs. 6-18-6-25. Reserved. ARTICLE U. REGISTRATIONS Sec. 6-26. Application requirements. (a) Required. No person may own, keep, harbor, or have custody or control of any dog or cat over four (4) months of age within the city without having said dog or cat implanted with a microchip that is to be registered with both animal care services and the issuing microchip company, except as permitted by section 6-28(b) of this Code. (b) No person may own, keep, harbor or have custody or control of a dog or cat over four(4) months of age within the city, unless the dog or cat has been immunized against rabies in accordance with this chapter and state law. (c) Every owner or keeper of a dog or cat immunized against rabies as required in this chapter must procure a rabies vaccination certificate from the veterinarian administering the vaccine. (d) A veterinarian who vaccinates a dog or cat as required by this chapter must furnish the owner or keeper of the dog or cat with a metal tag bearing a number corresponding to the number placed on the vaccination certificate, and with lettering showing immunization and the year thereof. This tag must be attached to the collar or harness of the dog or cat for which it was issued and must be worn at all times in a conspicuous place on the collar or harness.(1) It is presumed, in a prosecution for a violation of this subsection, that the dog or cat owned, kept, or harbored by, or under the custody or control of the person so charged was over four (4) months of age on the date of the violation. (2) It is presumed, in a prosecution for a violation of this subsection, that the person charged with owning, keeping, harboring, or having custody or control of a dog or cat required to be registered under this subsection did not register the subject animal in accordance with this chapter unless, upon the request of an animal care services officer or licensed peace officer at the time of the violation, valid proof of registration was produced by the person so charged. (e) Application; prerequisites. Written application for registrations and payment of the applicable fees must be made to the city's collections section, animal care services division, or participating veterinarians. The application must include the name, address, phone number, state-issued driver's license or identification number, and date of birth of the applicant, a description of the animal, rabies vaccination information and microchip information. (f) When to apply. An owner must make application for registration within ten (10) days after obtaining a dog or cat over four(4) months of age, except that this requirement will not apply to a nonresident individual keeping a dog or cat within the city for no longer than sixty (60) days. (1)It is presumed, in a prosecution of a violation of this section, that the dog or cat, owned by the person charged with the violation, was obtained more than ten (10) days prior to the date of the violation. (2)It is presumed, in a prosecution of a violation of the exception contained in this section, that the person charged with the violation is a resident of the city and that the person has kept the dog or cat within the city for a period exceeding sixty (60) days. Page 8 of 36 Sec. 6-27. Fees. (a) The animal's owner will be responsible for any applicable fees incurred by the implant of the microchip, through CCACS or other delegates, including a license veterinarian. Fees for microchipping performed by CCACS will be established in the fee schedule pursuant to section 6-15 of this chapter. (b) No fee may be charged for a registration issued for any dog actually used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (c) No fee may be charged for a registration issued for any dog that is owned and used by any law enforcement agency for drug awareness, drug or bomb detection, or any other law enforcement purpose. Sec. 6-28. Microchip Required (a) A microchip registered with animal care services will act in place of a city license, indefinitely, and may be revoked by an administrative proceeding pursuant to section 6-76 (Registration and Permit Revocation), when deemed necessary. (b) A dog or cat is exempt from this requirement if the dog or cat is deemed ineligible by the animal care services manager or determined to be medically unsuitable for a microchip by a licensed veterinarian, in writing. Proof of medical unsuitability for microchip must be provided to animal care services within thirty (30) days. Sec. 6-29. Maintaining Current Registration (a) The owner of a dog or cat shall maintain current registration with both the microchip registration company and animal care services. (b) If there is a change in contact information for the owner of a dog or cat with a registered microchip the owner shall update contact information, including new address or telephone number, with both animal care services as well as the microchip registration company, if applicable, within thirty (30) days of the date of the change in contact information. (c) If there is a change in ownership of an animal with a registered microchip the initial owner shall be responsible for ensuring that the microchip is no longer registered in the initial owner's name within thirty (30) days of the date of change in ownership. The new owner shall be responsible for re- registering the microchip to include any new address and telephone number and have the registration information transferred to the new owner's name within thirty (30) days after the change in ownership. (d) No person may use a microchip registration for any other animal than the one it has been issued to. Sec. 6-30. Registration records. The animal care services manager shall maintain a current record of the microchip numbers of dog and cat registrations, and the names and addresses of persons to whom the microchip is issued/updated. Sec. 6-31. Reduction or waiver of fee during animal health campaigns. The city manager is authorized to temporarily reduce or waive fees for animal registrations as part of community-wide registration and vaccination campaigns held by the animal care services division in conjunction with the Coastal Bend Veterinary Medical Association or a nonprofit animal welfare organization to increase the awareness of the need for pet vaccinations and registrations. Page 9 of 36 Sec. 6-32. Dangerous dog. Dangerous dogs shall be defined in accordance with V.T.C.A., Health and Safety Code ch. 822, § 822.041, as referenced below and shall be determined and regulated in accordance with said chapter. Dangerous dog means a dog that: (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Sec. 6-33. - Investigation, seizure and confinement of alleged dangerous dog and determination of a dangerous dog. (a) Upon receipt of a sworn affidavit of complaint, signed by one (1) or more individuals before an individual authorized by law to make sworn statements, the department shall investigate the complaint. The complaint shall contain a description of the incident involving an alleged dangerous dog, as defined above, the date and location of the incident, the name of the owner of the dog, the address of the owner, and a description of the dog(s) involved in the incident. Said investigation may include discussing the incident with the owner/keeper of the dog. The owner/keeper of the dog shall have the right to provide an affidavit or statement concerning his own dog. (b)After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people nearby, the animal care services manager may order the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a dog which is allegedly dangerous or has been previously determined to be dangerous, if permission to enter the subject premises is denied by a person in lawful possession. If the dog cannot be safely approached, a tranquilizer projector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is determined to be dangerous, it will remain in confinement as directed by the animal care services manager. A dog that has been determined to be dangerous cannot be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for dangerous dogs as outlined in this chapter. (c)An animal care officer may impound an alleged dangerous dog if the officer has cause to believe that a dog is dangerous as defined above. (d)The department shall determine whether a dog is dangerous. Within five (5)working days after the dog is deemed dangerous, the department will notify the owner of the dog, of the dangerous dog determination and appeal rights by written notice. The notice shall include the reason for the allegation, and all requirements for owners of a dog determined to be dangerous as set out in this chapter. Sec. 6-34 - Requirements of dangerous dog owners. (a)An owner of a dog determined to be dangerous, must comply with all of the following nine (9) requirements before the subject dog can be released to the owner by the department. The department must, however, release the dog to the owner if a state licensed veterinarian with a facility located within the city verifies, upon being contacted by a city veterinarian or department, that the owner has arranged for the required surgery of the dangerous dog to comply with this article, and if necessary, a city veterinarian has implanted the required registered microchip in the dog, has inspected the residence Page 10 of 36 where the dog is to be kept, and is satisfied that the following requirements which could have already been complied with have been complied with by the owner: (1)The dog must be registered with the department and shall annually obtain a dangerous dog permit; (2)The dangerous dog shall at all times wear a collar approved by the department visible at fifty (50) feet so that the dog can be identified as a dangerous dog. The department is authorized to charge the dog owner a fee to cover the cost of this collar; (3)The dangerous dog must be kept in a Dangerous Dog enclosure as defined this chapter; (4)The owner must present to the department a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000.00) to cover any injuries caused by the dangerous dog. The insurance shall be kept in effect continuously and shall not be cancelled unless the dog is no longer kept by the insured owner; (5)The dangerous dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal; and the dangerous dog must be restrained by a sturdy leash six(6) feet in length. The department is authorized to charge the dog owner a fee to cover the cost of this leash; (6)The owner shall post a sign on his premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or highway. In addition, the department shall design and produce a uniform dangerous dog symbol or decal, understandable by small children which shall be made available at cost to the public. Such symbol or decal must be displayed on or about the sign; (7) If the dog does not have a registered microchip, the owner shall authorize the department to implant a registered microchip beneath the skin of the dangerous dog for positive identification of the animal; (8)At the owner's expense, the dangerous dog must be spayed or neutered either by the department or, at the discretion of the department, by a veterinarian approved by the department prior to being released back to its owner; (9)The owner must allow an annual inspection of the residence where the dog is kept ensuring continued compliance with all requirements of this section. More frequent inspections may be conducted in response to specific complaints regarding non-compliance with this section. (b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care agency, licensed veterinarian or the department. Sec. 6-35 - Hearing to determine compliance with dangerous dog requirements. (a)V.T.C.A., Health and Safety Code § 822.0423 provides that a municipal court may conduct a hearing to determine whether the owner of a dangerous dog has complied with the requirements for the owner of a dangerous dog. (b) Upon an application from any person, the municipal court shall conduct a hearing to determine compliance with dangerous dog requirements. (c)A municipal court judge shall conduct a hearing to determine whether the preponderance of the evidence supports the allegation that the owner has failed to comply with dangerous dog requirements. Page 11 of 36 (d)The municipal court judge shall be the finder of fact. (e)At the conclusion of the hearing, if the municipal court judge finds that the owner has failed to comply with the dangerous dog requirements, the judge shall order the seizure of the dog in accordance with V.T.C.A., Health and Safety Code § 822.042. (f)An owner or the person who filed the application for the hearing may appeal the decision of the municipal court in the manner provided for the appeal of cases from municipal court. (g)The municipal court judge may compel the attendance of the applicant, any known witnesses, the dog owner against whom the application was filed, and the animal care services manager or his representative who investigated. Any interested party, including the city attorney or an assistant city attorney, may present evidence at the hearing. Sec. 6-36 -Appeal of dangerous dog determination. Appeal of a dangerous dog determination shall be in accordance with V.T.C.A., Health and Safety Code § 822.0421. Sec. 6-37 - Notification of change of status; disposition of dangerous dog. The owner/keeper of a dangerous dog shall notify the department within twenty-four(24) hours if their dangerous dog is loose, unconfined, has attacked another animal, has attacked a person, or has died. A dog determined to be dangerous under this chapter shall not be offered for adoption, rescue or sale or be given away. If the owner wishes to dispose of the dangerous dog, the owner shall return the dog to the department. Sec. 6-38 - Dangerous dog violations. (a) A person commits an offense under state law, pursuant to the Texas Health and Safety Code, if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. (b) It shall be a violation of this chapter for an owner or keeper to intentionally, knowingly, or recklessly fail to prevent a dangerous dog, from killing or wounding, or assisting in the killing or wounding of any domestic animal belonging to or in the possession of another person, or for an owner or keeper to fail to prevent a dangerous dog from attacking, assaulting, biting or otherwise injuring any person or assisting in the attack, assault, biting, or other injury of any person whether out of or within the enclosure of the owner or keeper, and whether or not such dangerous dog was on a leash or securely muzzled or whether or not the dangerous dog escaped without the knowledge or consent of the owner or keeper. If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed in an expeditious and humane manner. (c) It shall be a violation of this chapter for the owner or keeper of a dangerous dog to: (1) Fail to comply with any of the requirements of this chapter as required; (2) Fail to notify the department of a change of status as set out in this chapter; or (3) Fail to keep the dog confined at no cost to the city during the hearing process. (d) The provisions under this section shall not apply to any law enforcement agency where a dog is being used for law enforcement. Page 12 of 36 (e) A rebuttable presumption shall exist that the owner or keeper knowingly allowed a dangerous dog to be kept in inadequate confinement in any criminal complaint filed under subsection (b). (f) The animal care services manager may require a dangerous dog to be removed from the city limits. Sec. 6-39. -Aggressive dogs; levels defined. Classification of a dog as aggressive shall be based upon specific behaviors exhibited by the dog. For purposes of this chapter, behaviors establishing various levels of aggressive dogs are the following: (1) Level 1 behavior is established if a dog, while unrestrained, causes physical injury to any domestic animal or livestock. (2) Level 2 behavior is established if: a. A dog, while unrestrained, kills or causes the death of any domestic animal or livestock, or b. A dog classified as a level 1 aggressive dog that repeats the behavior in subsection (1) after the owner or keeper receives notice of the level 1 classification. (3) Notwithstanding subsections (1) and (2), the director shall have discretionary authority to refrain from classifying a dog as aggressive, even if the dog has engaged in the behaviors specified in subsections (1) and (2) if the director determines that the behavior was the result of the victim abusing or tormenting the dog or was directed towards a trespasser or other similar mitigating or extenuating circumstances. Sec. 6-40. - Investigation, seizure, confinement, and designation of aggressive dogs. (a)The department shall have authority to determine whether any dog has engaged in the behaviors specified in section 6-39. This determination may be based upon an investigation that includes observation of and testimony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the dog, and other relevant evidence as determined by the department. These observations and testimony can be provided by animal care officers or by other witnesses who personally observed the behavior. They shall sign an affidavit attesting to the observed behavior and agree to provide testimony regarding the dog's behavior if necessary. (b)After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people nearby, the department may order the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a dog which is allegedly aggressive or has been previously determined to be aggressive, if permission to enter the subject premises is denied by a person in lawful possession. If the dog cannot be safely approached, a tranquilizer projector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is determined to be aggressive, it will remain in confinement as directed by the department. A dog that has been determined to be aggressive may not be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for aggressive dogs as outlined in section 6- 42. (c)The director shall have the discretion to increase or decrease a classified dog's restrictions based upon relevant circumstances. (d)The department shall give the dog's owner or keeper written notice of the dog's specified behavior, of the dog's classification as aggressive, and of the restrictions applicable to that dog by reason of its classification. Page 13 of 36 (e) Upon receipt of notice of the dog's classification as a level 1 or 2 aggressive dog pursuant to subsection (c), the owner or keeper shall comply with the restrictions specified in the notice unless reversed on appeal. Upon final determination and after appeals are exhausted, the owner will have thirty (30) days to comply with the requirements or else the animal will be considered abandoned and may be disposed of per section 6-103(g). Failure to comply with the specified restrictions shall be a violation of this chapter for which a fine can be imposed. Additionally, the department shall have authority to impound the dog pending completion of all appeals. (f) If the department's decision finds that a dog has engaged in aggressive behavior, the dog may be impounded pending the completion of any appeals. (g)Any dog classified as a level 2, that is found to have repeated level 2 behavior as defined under this code, shall be impounded if not already impounded. The dog shall not be released to the owner or be made available for adoption until either potential recipient of the dog has established arrangements for accommodating the animal consistent with all the security and safety requirements ordered by the department. Sec. 6-41. -Appeal of aggressive dog determination to municipal court. (a) An owner may appeal an aggressive dog determination within fifteen (15) days after receiving notice of the determination by: (1) Filing a written notice of appeal of the department's aggressive dog determination to municipal court; (2) Attaching a copy of the determination from the department; and (3) Serving a copy of the notice of appeal to the department by certified mail. (b) A municipal court judge shall conduct a hearing to determine whether the preponderance of the evidence supports the aggressive dog determination. (c) The municipal court judge shall be the finder of fact. As such, the municipal court judge may compel the attendance of the complainant, any known witnesses, the dog owner against whom the complaint was filed, and department staff who investigated. Failure of the owner of the animal to appear at the hearing shall result in a final classification with no further appeal. The owner may be represented by counsel. (d) At the conclusion of the hearing, the municipal court may affirm or reverse the aggressive dog determination. (e) The result of the administrative appeal hearing is final. Sec. 6-42. - Regulation of aggressive dogs. In addition to the other requirements of this chapter, the owner or keeper of an aggressive dog shall comply with the following conditions: (1) Dogs classified as level 1 dogs shall confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises. In addition, the department may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). (2) Dogs classified as level 2 dogs shall be confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal Page 14 of 36 access to the owner's or keeper's premises, and the owner or keeper shall post warning signs, which are provided by the department, on the premises where the dog is kept, in conformance with rules to be adopted by the department. In addition, the director may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). The owner or keeper shall not permit the dog to be off the owner's or keeper's premises unless the dog is muzzled and restrained by an adequate leash and under the control of a capable person. (3) To ensure correct identification, all dogs that have been classified as aggressive shall be microchipped and photographed and may be fitted with a special tag or collar determined by the department at the owner's expense. (4) The animal must have a registered microchip and obtain an annual aggressive dog permit from the department. (5) The owner or keeper of a level 2 aggressive dog shall not permit the warning sign to be removed from the secure enclosure. The owner or keeper of any aggressive dog shall not permit the special tag or collar to be removed from the dog. The owner or keeper of an aggressive dog shall not permit the dog to be moved to a new address or change owners or keepers without providing the director with ten (10) days' prior written notification. (6) At the owner's expense, the aggressive dog must be spayed or neutered by a veterinarian approved by the department prior to being released back to its owner. Sec. 6-43. - Declassification of aggressive dogs. Declassification will be automatic pursuant to this section. (1)The following conditions must be met: a. Level 1 dogs have been classified for one (1) year without further incident, and two (2) years for level 2 dogs; and b. There have been no violations of the specified regulations. (2)When the owner or keeper of an aggressive dog meets all of the conditions in this chapter, the restrictions for level 1 classified dogs may be removed. Restrictions for level 2 may be removed, with the exception of the secure enclosure. Secs. 6-44-6-50. Reserved. ARTICLE 111. COMMERCIAL PERMITS AND FEES Sec. 6-51. General provisions. (a) Except for veterinarians and veterinary hospitals, all commercial animal establishments and owners and possessors of guard dogs are required to maintain a valid commercial permit. (b) No commercial permit may be transferred or assigned between persons, between commercial animal establishments, or between a person and a commercial animal establishment. (c) Each separate and distinct commercial animal establishment, even though owned by the same person, must possess a permit. (d) Upon a change in the location or ownership of a commercial animal establishment, a new application for a commercial permit is required. Page 15 of 36 (e) Each commercial animal establishment is subject to inspection by an animal care officer during normal business hours. (f) A commercial permit must be displayed in a prominent place on the premises. (g) In addition to all other conditions of this article, owners and possessors of dogs defined as "guard dogs" under this chapter must meet all applicable provisions of this chapter and regulations promulgated by the animal care services manager. (h) No commercial animal establishment may sell any dog or cat four(4) months of age or older to any person unless the animal has a valid rabies vaccination. (i) Failure to apply for a permit prior to the opening of such a commercial animal facility, or within thirty (30) days prior to the renewal date, shall constitute an offense under this section. Q) All animal establishments, commercial and non must have an evacuation plan in case but not limited to natural disaster must be written and readily available. All personnel, employees and volunteers must be educated on the establish plan and have knowledge of the actions that must be taken. Sec. 6-52. Application. (a) All commercial animal establishments, excluding veterinarians and veterinary hospitals, and owners and possessors of guard dogs are required to obtain and submit an application for a commercial permit from the animal care services division. (b) Upon initial application for a permit, the animal care services manager or designee must review and certify that the commercial animal establishment has been inspected and is in compliance with all construction, zoning, or other ordinances of the city governing the conduct of the business of the commercial animal establishment after consulting with the building official and zoning and code enforcement administrator. An appropriate certificate of occupancy issued by the building official may be considered as evidence that the commercial animal establishment complies with the city's construction and zoning ordinances. Sec. 6-53. Term. (a) Except as otherwise set out in this section, a commercial permit is renewable annually. (b) Commercial permits granted to an auction, circus, performing animal exhibition, and rodeo are valid for the duration of the event not to exceed thirty (30) days from the date of issuance. The time provided includes set up and preparation. (c) Commercial permits granted to a performing animal exhibit are valid for a period not exceeding four (4) calendar days. Sec. 6-54. Pertaining to Kennels. (a) Each permit for a kennel must specify the maximum number of animals that may be kept at the kennel the animal care services department shall determine this number based on available space and number of employees, and can re-evaluate the maximum number of animals allowed at any time. (b) Owners and operators of kennels where animals are boarded must maintain a register identifying all animals boarded, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number. (c) The kennel owner must also provide an emergency telephone number where the kennel owner, operator, and any caretaker of the kennel can be reached if the owner, operator, or caretaker do not reside on the premises. Page 16 of 36 (d) Runs shall be constructed to effectively enclose the animals housed therein. Runs and exercise areas shall be sanitized a minimum of once in each 24-hour period and more frequently as may be necessary by removal of soiled materials and application of suitable disinfectants. (e) All animals shall be supplied with sufficient species-specific food a minimum of once during each 24- hour period and more often if the physiological needs of the animal require it. Each animal shall have access to fresh potable water at all times. Sec. 6-55. Pertaining to Stables. (a) Each permit for a stable must specify the maximum number of animals that may be kept at the kennel or stable, the animal care services department shall determine this number based on available space, and can re-evaluate the maximum number of animals allowed at any time (b) Owners and operators of stables where animals are boarded must maintain a register identifying all animals boarded, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number. (c)The stable owner must also provide an emergency telephone number where the stable owner, operator, and any caretaker of the stable can be reached. (d) Stalls shall be constructed to effectively enclose the animals housed therein. Animal waste must be removed if it begins to inhibit the animal's ability to move around its stall comfortably. (e)All animals shall be supplied with sufficient species-specific food a minimum of once during each 24-hour period and more often if the physiological needs of the animal require it. Each animal shall have access to fresh potable water at all times. Sec. 6-56. Permit required for circuses, rodeos, animal exhibits, animal shows, petting zoos and recreational animal rides; special exceptions for institutions and special attractions. (a) The permit application shall be submitted at least twenty (20) days prior to the event, and shall contain information as to the kind and number of animals involved, records showing animals are up to date on required vaccinations and are considered by a certified veterinarian as healthy, required state or federal licensing documentation, name and address of the person or business that will keep, feed, and confine the animal(s) during their stay in the city and any other information requested by the department (b) Petting zoo permits shall be valid for the duration of the event outlined in the application. (c) Permits shall not be required for any animal so long as it is owned by a governmentally owned and operated facility, publicly operated facility, a public zoological park, or bona fide medical institution or research institution. (d) Animals used within the city for entertainment purposes such as rodeos and circuses must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature. A licensed veterinarian must be able to be contacted and come to site in case of emergencies, such as but not limited to injuries and illnesses. Once determined to be injured or ill by a licensed veterinarian, an animal may be returned to use only after certification as healthy by a licensed veterinarian. Page 17 of 36 Sec. 6-57. Pet Shop Requirements. (a) No person shall operate a pet shop within the city without first obtaining a permit from the department. (b) All animals shall be able to stand, stretch, and turn without touching any of the four (4) sides or top of their primary enclosure. (c) Animal enclosures shall be cleaned of debris and fecal matter at least once every twenty-four (24) hours. Sanitizing of dog and cat enclosures shall be done once every day by washing the surfaces with proper disinfectants that are not harmful to the animal's health. (d) All pet shops and stores selling any and all species of animals shall: (1) Provide appropriate medical services, care, and housing according to individual species' needs. (2) Keep accurate records of breed, description, approximate age and sex of animal sold if applicable (3) Medications and immunizations administered if applicable; (4)A guarantee of good health for a period of not less than two (2)weeks with recommendation to have the animal examined by a licensed veterinarian if applicable. The permit holder shall retain a copy of the written statement for twelve (12) months from date of sale. (e) Records shall be maintained and surrendered to the department upon request and without reservation or purpose of evasion. Failure to produce such records upon demand by the department shall be cause for the revocation of an existing permit and the refusal to issue a new permit for a period of two (2) years. Sec. 6-58. Suspension and Revocation. (a) Grounds for suspension. The animal care services manager may suspend any commercial animal establishment's permit if any of the following conditions occur: (1)Animals at the commercial animal establishment are being deprived of necessary food, water, care or shelter; (2)Animals at the commercial animal establishment are being cruelly confined or are otherwise being cruelly treated; (3)Unsanitary conditions exist at the commercial animal establishment to such an extent that those conditions create a possible medium for the transmission of disease to the animals kept there or to human beings; or (4)The owner or any agent or employee of the commercial animal establishment responsible for the oversight or operation of the commercial animal establishment receives three or more notice of violations in a twelve month period (12), outlining infractions found during inspection in relation to the operation of the commercial animal establishment. (b) Conditions for revocation. The animal care services manager may revoke a permit to operate a commercial animal establishment if any of the following conditions occur: (1)Conditions stated in subsection (a)(1), (a)(2), (a)(3), and/or (a)(4) of this section have existed on two or more occasions at the commercial animal establishment after the officials of animal care services have warned the commercial animal establishment of the conditions; (2)The commercial animal establishment permit has been suspended two or more times; (3)The owner of the commercial animal establishment is shown to have committed any offense involving cruelty to animals within the last 18 months; or Page 18 of 36 (4)The owner of the commercial animal establishment has knowingly employed any person at the commercial animal establishment or allowed any person to work at the commercial animal establishment who has committed any offense involving cruelty to animals within the last 18 months. (c) Prior to suspension or revocation, written notice shall be given to the owner of the commercial animal establishment, the person in charge of the commercial animal establishment, or any employee or agent of the owner. The notice shall set forth: (1)The specific conditions existing at the commercial animal establishment that are grounds for suspension or revocation of the permit pursuant to subsection (a) of this section; (2)That a hearing will be held by the animal care services manager; (3)The date, time and place of the hearing; and (4)That the owner of the commercial animal establishment may appear in person and/or be represented by counsel and may present testimony The hearing shall be held not later than seven business days after the date the permit holder received notice of the suspension. (d)All hearings shall be held by the animal care services manager at animal care services and shall be conducted under rules consistent with the nature of the proceedings. (e)After completion of the hearing, the animal care services manager shall make written findings as to why grounds exist for suspension or revocation of the permit and shall order the suspension or revocation of the permit. However, if the animal care services manager finds that the needs of the animals and the public interest will be adequately protected by a warning, he may issue a warning and deny the request for suspension or revocation. (f)A denial of a request for suspension of a permit shall not preclude the animal care services manager from seeking a revocation of the permit as set forth below. (g)A copy of the written findings and order of the animal care services manager shall be served on the owner of the commercial animal establishment. If the address of the owner is unknown or the notice has been sent via certified mail, return receipt requested and has been returned undelivered, such notice shall be served on the person in charge of the commercial animal establishment or on any employee or agent of the owner. (h) If the permit is suspended, no one shall accept or place any animal in the commercial animal establishment and all sales, services being provided, or business conducted at the establishment shall cease until the permit is reinstated by the animal care services manager. Failure to comply with the cease business order will result in an automatic revocation of the permit. (i) Correction of conditions; inspection; reinstatement of permit. Whenever the reason for a suspension no longer exists, the owner or person in charge of the commercial animal establishment shall notify animal care services that the conditions under which the permit was suspended have been corrected and that an inspection is requested; If the inspection shows that the conditions have been corrected, the animal care services manager shall reinstate the permit unless the animal care services manager has given notice that he is seeking revocation of the permit. Q) If the permit is revoked, no one shall accept or place any animal in the commercial animal establishment and the owner and or operator of the establishment shall divest themselves of the animals within ten calendar days from the date of the revocation. Failure to do so will result in the animals at the pet facility being declared prohibited animals and said animals will be subject to seizure. (k)Any notice provided for in this section may be served by personal delivery or by certified mail, return receipt requested. Page 19 of 36 (1) In the event a permit is revoked, the city shall not be liable to the permit applicant for any refund of any part of the permit fee. Reinstatement of a permit that has been revoked shall require application and payment of a permit fee as if it were an initial application; provided, however, no permit shall be issued to the same permit applicant if the applicant has been convicted of any offense involving cruelty to animals; no permit shall be issued to the same permit applicant within one year of the date a permit has been revoked; and no permit shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the permit was revoked shall not reoccur. If there is a dispute between the inspector and the permit applicant for an establishment for which a permit was revoked as to whether adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur, the applicant may request a hearing before the animal care services manager. The hearing shall be conducted under the same procedures as a hearing for a revocation of a permit; however, the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur. Secs. 6-59-6-75. Reserved. ARTICLE IV.ADMINISTRATIVE PROCEEDINGS Sec. 6-76. Administrative Hearing - Registration (a) The animal care services manager or designee may hold an administrative hearing to determine whether any registration issued under article II of this chapter should be revoked or to otherwise regulate the keeping of an animal within the city, if: (1) A registration holder fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager or any law governing the protection and keeping of animals in this state; (2) The owner of an unregistered animal or the owner of an unvaccinated animal under this chapter fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager, or any law governing the protection and keeping of animals in this state; (3) An animal has been involved in an unprovoked biting offense and the incident involved bodily injury to a person; (4) An animal has been determined by an animal care officer to be a public nuisance; or (5) An animal has been the subject of two (2) criminal charges and/or violations brought against the animal's owner under this chapter, of two (2) impoundments, or a combination of one such violation and one (1) impoundment, resulting from separate incidents, within the twenty-four- month period immediately preceding the date of the last violation or impoundment. Impoundments which occurred as a result of provoked scratching, biting, or attacking incidents may not be considered for purposes of this subsection. (b) Written notice required. (1) An administrative hearing may not be held without giving the registration holder or owner of an unregistered animal prior written notice of the date, time and place of the hearing. (2) Written notice is deemed made when a certified letter, return receipt requested, addressed to the address indicated on the owner's last registration or, if no such application is on file, to the owner's last known address, is deposited in the U.S. mail. Written notice is also deemed made when the notice letter is delivered by an employee or representative of the animal care services manager to the address. (c) Disposition. At the conclusion of the administrative hearing, the animal care services manager or designee shall determine if the ownerholding the registration, or the owner of an unregistered animal has violated any provision of this chapter, the regulations promulgated by the animal care services manager, or any law governing the protection and keeping of the animal that is the subject of the Page 20 of 36 administrative hearing. If any violation has been found to have occurred, the animal care services manager or designee, at their discretion, may order that any of the following actions be taken within ten calendar days from the date of hearing: (1) That the owner divest himself/herself of the animal that is the subject of the administrative hearing by revocation of the animal's registration and removal from the city; failure to do so will result in the animal being deemed prohibited and said animal will be subject to seizure. (2) That the owner comply with specified conditions deemed to be consistent with the protection of the public health,safety and welfare,so as to be permitted to continue to keep the animal within the city; or (3) Any other disposition deemed to be consistent with the protection of the public's health, safety and welfare. Secs. 6-77-6-100. Reserved. ARTICLE V.ANIMAL AND RABIES CONTROL Sec. 6-101. Restraint. It is unlawful for an owner to fail to keep an owner's animals under restraint as follows: (1) Except for cats, all animals must be kept under restraint as defined in this chapter. Cats may be free-roaming if otherwise in compliance with the provisions of this chapter. (2) It is a violation of this chapter for any animal to be a public nuisance. An owner and/or keeper violates this provision if the owner's animal is a public nuisance, regardless of any "fault" of the owner and/or keeper. Sec. 6-102. Spaying/neutering required of cats. (a) After January 1, 2006, all free-roaming cats are required to be spayed or neutered. For the purposes of this section, "free-roaming" means not securely caged, not under restraint by a leash or lead attached to a collar or harness, or not within the confines of the cat owner's residence or business structure. (b) Any free-roaming cat that is not spayed or neutered is subject to impoundment under this chapter. Nothing contained in this chapter prevents the free-roaming of cats that have been spayed or neutered. Sec. 6-103. Impoundment. (a) Grounds for impoundment. Animals may be impounded by the animal care services division in any of the following circumstances: (1) Any animal not kept under restraint as required by this chapter. (2) Any dog or cat for which a valid city registration has not been issued. (3) Any animal that constitutes a public nuisance. (4) Any animal that has rabies or exhibits symptoms of rabies, or that a person could reasonably suspect as having rabies. (5) Any animal that bites, scratches, or otherwise attacks another animal or person within the city. Page 21 of 36 (6) Any animal not kept by the owner or permit holder in conformity with this chapter, regulations promulgated by the animal care services manager, disposition made in accordance with article IV of this chapter, or state law. (7) Any animal upon the written request of the animal's owner and to which the animal care services manager or the animal care services manager's designee agrees that the animal be humanely euthanized for the protection of the public's health, safety and welfare. (8) Any dog that is the subject of a cause of action filed pursuant to V.T.C.A., Health and Safety Code ch. 822, as it may be amended, must be impounded until further order of a court of proper jurisdiction. (b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to V.T.C.A., Health and Safety Code ch. 822, for observation of rabies under section 6-127, or other administrative procedures, impounded animals not claimed must be kept for not less than three (3)working days from date of impoundment. In calculating the length of this time period, the first working day after impoundment is considered day one. (c) Notification of owner. If, by registration or other means, the owner of an impounded animal can be identified, the animal care services division shall, as soon as practicable after impoundment, notify the owner in person or by telephone, if reasonably possible, advising that, if the impounded animal is not redeemed within five (5)working days, disposition will be made in accordance with this chapter. (d) Redemption. Impounded animals, excluding those impounded as prohibited animals, or an animal held for observation of rabies under section 6-127 or other administrative procedures, are subject to redemption, at the discretion of the Animal Care Services Manager. Impounded animals may be redeemed by anyone entitled to possession of the animals, at the discretion of the Animal Care Services Manager while the animals are in the city animal shelter after paying the appropriate fees as follows: (1) Impoundment fees. Impoundment fees are established in the fee schedule pursuant to section 6-15 of this chapter. A waiver or partial waiver of an impoundment fee may be granted by the animal care services manager in cases involving exigent circumstances as determined by the animal care services manager. (2) Boarding charge. A boarding charge established in the fee schedule pursuant to section 6-15 of this chapter is not to exceed the reasonable cost of boarding, feeding and caring for the animal for the period of impoundment. Boarding charges apply to redemption of impounded animals and are not applicable to adoption of animals. (3) Rabies vaccination charge. All charges for rabies vaccination if required. (4) Registration charge. City registration charge, if applicable. (e) Redemption—Special circumstances. (1) In case any animal that is impounded is sought to be redeemed and is suffering from any disease or ailment, it may not be released until the animal care services manager is satisfied that arrangements looking to its proper treatment are assured. (2)Animals impounded for rabies observation are subject to redemption if the animal has satisfied the required length of observation and is determined to be free from rabies as verified by the animal care services manager or designee. (f) Mandatory spay/neuter of dogs following impoundment. (1) The owner or keeper shall keep the animal restrained at all times (except cats as described by sec 6-102) and ensure that the animal is not at large. Dogs found to be at large shall be subject to mandatory sterilization at the owner's expense within thirty (30) days of notification of the violation. Page 22 of 36 (2) Exemption made by animal care services manager. The animal care services manager is authorized to exempt an owner from the requirements of this section if the owner proves to the satisfaction of the animal care services manager that the animal met one (1) of the conditions specified in subsection (5) of this section. (3) Certification of spay/neuter procedure. The owner is required by this section to spay or neuter their animal shall submit certification signed by a licensed veterinarian that the procedure was performed no later than the fortieth day following the notification of violation to animal care services. (4) Offenses. A person commits an offense if the person is required by this section to spay or neuter their animal and fails to provide certification to animal care services of the procedure. (5) Affirmative defense. In a prosecution for a violation of subsection (4), it is an affirmative defense that at the time of the animal's impoundment: The owner of the dog was a member of a national breed club, local breed club, local all- breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding impoundment. b. The animal was at large due to a vis major. C. The animal was at large at the time of its impoundment due to the criminal or negligent acts of a third party who was not residing at the dog owner's residence. At trial, evidence of a fire or the criminal or negligent acts of a third party may be presented in one (1) or more of the following manners: 1. A certified copy of a police or fire report verifying the incident; 2. The affidavit of police or fire personnel with direct knowledge of the incident; or 3. The testimony of police or fire personnel with direct knowledge of the incident. (6) Nothing in this subsection may be construed so as to permit a spayed or neutered dog to run at large. (g) Disposition of animals. (1) Immediately upon impoundment, the city is the designated caretaker of impounded animals. Except as provided in subsections (c) and Q) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3)working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17-6 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten-day period at the county courthouse, City Hall, and the city animal shelter upon the expiration of three (3)working days from the date of impoundment of the livestock. Upon the expiration of the ten-day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. (2) The expiration of the three (3)working days period upon impoundment and the notice of and expiration of the ten-day period with respect to livestock does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of the animal by the animal care services manager. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. (3) In the case of a dog impounded under authority of V.T.C.A., Health and Safety Code ch. 822, as it may be amended, or other state law, the dog may be redeemed upon the court's finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully Page 23 of 36 complied with all insurance and restraint requirements provided by state law, and meets all requirements of this chapter that pertain to the keeping of a dangerous dog. (4) Due to their immature immune system, any impounded animal under four (4) months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the animal care service manager, veterinarian, or their designee. (h) Adoption of unclaimed animal. A person may adopt an unclaimed animal after the expiration of the redemption period and after paying any applicable rabies vaccination fees, registration fees, spay/neuter fees, and adoption fees established in the fee schedule pursuant to section 6-15 of this chapter. A person adopting an unclaimed animal must sign an agreement to have the animal sterilized within thirty (30) days of adoption, in compliance with V.T.C.A., Health and Safety Code ch. 828, if the animal is unsterilized at the time of adoption. All adoptions and approval of applications for adoption are at the discretion of the animal care services manager. (i) Compliance required for release. No impounded dog or cat may be released until the person to whom the dog or cat is to be released agrees and meets all regulations promulgated by the animal care services manager. Q) Euthanasia. The animal care services manager, a licensed veterinarian, or the animal care services manager's designee may direct the immediate euthanization of any animal determined to be seriously injured or diseased under the rules, guidelines, or procedures established by the animal care services manager. Impounded animals not redeemed or adopted as provided for in this section must be humanely euthanized at the city animal shelter under the direction a person trained and certified in human euthanasia as outlined in the Texas Health and Safety Code. The carcasses must be disposed of as directed by the animal care services manager. (k) Records. The animal care services manager shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2) years. In the case of registered dogs and cats, the registration number and the name of the person to whom it was issued must be noted. In the case of each identifiable animal, it must be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom the animal was delivered, and the fees and charges received from the persons. (1) Citation. In addition to, or in lieu of, impounding an animal under this section, an animal care services officer or any police officer may issue to the owner of the animal a citation for a violation of this chapter. Sec. 6-104. Traps with holding mechanisms prohibited; exceptions. No person shall set up or allow to be set up on his property steel jaw traps, spring traps with teeth or perforated edges on the holding mechanism, snares, or any type of trap with a holding mechanism designed in such a fashion as to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of the entrapped prey, for the purpose of ensnaring domestic or wild animals within the city limits. This section is not to be construed to include those traps designed to kill common rodents, i.e., rats, mice, gophers and groundhogs; except that the owner is responsible for taking care that any of the above said "rodent" traps are not placed or used on or about his property in such a manner as to reasonably ensure the trapping of any other domesticated or wild animal, or of a human. Secs. 6-105-6-125. Reserved. Sec. 6-126. Rabies impoundment and quarantine. (a) Any veterinarian or person having knowledge of an animal having bitten, scratched or injured a person, within the city shall report the incident to animal care services who is also the local rabies Page 24 of 36 control authority immediately. (b) Any veterinarian or other person having knowledge of an animal diagnosed as having any reportable zoonotic disease shall report same to the animal care services manager within five (5) days. (c) The owner of such diseased or biting or scratching animal who learns of such incident shall immediately give his name and address together with the animal's registered microchip information and date of last rabies vaccination to the person bitten or injured or to a parent or guardian of such person who is under the age of eighteen (18)years. The owner or keeper shall notify the department within twenty-four(24) hours of his name; the animal's registered microchip information; the name of the injured person; and other information requested by the department related to the animal and injured party. The owner or keeper of the diseased or biting or scratching animal shall contact animal care services within twenty-four (24) hours upon receipt or notification from animal care services, The animal care services manager or any appointed animal care officer shall seize and impound any animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal has bitten or scratched a person. A search and seizure warrant shall be obtained from any municipal court judge or other magistrate to enter onto private property to search for the biting or scratching animal if permission to enter is not given. (1) The owner or keeper of any animal within the city which has bitten or scratched a person so as to have caused a break of the skin shall, on demand of the animal care services manager or any animal care officer, immediately surrender such animal to the animal care services facility, or other approved rabies quarantine facility for observation for a period lasting not more than ten (10) days after the date of the incident, subject to the provisions of subsection (b). (2) The owner of any animal that has bitten or scratched any person shall be allowed to assume personal responsibility for confining the animal for the observation period of ten (10) days, only under the following circumstances: a. Secure facilities must be available at the home of the animal's owner, and must be approved by the animal care services manager; b. The animal was currently vaccinated against rabies when the exposure incident occurred; c. The animal was not in violation of any laws or ordinances at the time of the bite; and d. The animal care services manager, city veterinarian or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal care services manager must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing by the veterinarian who will attest to the health of the animal. (3) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law. (4) Violation of the observation confinement of the biting animal as provided in subsection (b) shall be just cause for seizure and confinement of the animal in the animal care services facility of the city. (5) All wild animals involved in exposure incidents including biting, scratching or any other direct exposure by physical contact will be humanely euthanized in such a manner that the Page 25 of 36 brain is not mutilated. The brain shall be submitted to a Texas Department of State Health Services certified laboratory for rabies diagnosis. (d) Investigation of cases. The animal care services manager or designee shall investigate and record all cases of rabies and suspected rabies. (e) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that dies or is destroyed while in quarantine may not be disposed of except as directed by the animal care services manager. (f) Payment of costs. The owner of an animal quarantined under this section shall pay to the animal care services division the reasonable costs of the quarantine and disposition of the animal, including charges for preparation, processing, and shipment of the animal's head or brain, if required, to the nearest Texas Department of State Health Services Laboratory for Testing. The fee for preparation, processing, and shipment, by the animal care services division, of the animal's head or brain is established in the fee schedule pursuant to section 6-15 of this chapter. Secs. 6-127-6-150. Reserved. ARTICLE VI. CARE AND KEEPING OF ANIMALS Sec. 6-151. Humane animal care and keeping. No person may violate the following provisions for humane animal care and keeping: (1) No owner or keeper may fail to provide the owner's animal with sufficient and wholesome food, water, and necessary shelter and protection from the weather, all within reach of the animal. (2) No owner or keeper may fail to provide an animal in said person's possession with humane care and treatment and with veterinary care when needed to prevent or alleviate suffering. (3) No person may beat, cruelly treat, torment, overload, seriously overwork, or otherwise abuse an animal, or cause, instigate, or permit one animal to fight with another animal or person. (4) No person may abandon or neglect an animal. (5) No person, other than a licensed veterinarian, may crop a dog's ears, dock a dog's tail, or remove a dog's dew claws. (6) No person may sell an animal to, buy an animal from, or barter or exchange for an animal with, any commercial animal establishment that does not have a valid commercial permit nor may a person sell, buy, donate, or barter or exchange for, an animal upon commercial property without possessing a valid commercial permit. (7) No person may sell, offer for sale, or donate any animal to another person, or barter or exchange with any other person for an animal, upon any public property within the city. Public property includes, but is not limited to, streets, alleys, sidewalks, parking lots, and rights-of-way and easements. (8) No person may sell or deliver live chickens, ducklings, goslings, or rabbits to any other person within the period of thirty (30) days prior to Easter Sunday and on Easter Sunday. Hatcheries and commercial animal establishments that buy and sell animals intended for agricultural use or to be raised for commercial purposes are excluded from the prohibitions contained in this subsection. Page 26 of 36 (9) No person may give away or offer to give away any live animal, except for goldfish, as a prize for or as an inducement to enter any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer any animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. (10) No person may sell, offer for sale, barter, or display any living chickens, rabbits, ducks, or any other fowl or animal which has been dyed, colored, or otherwise treated so as to impart to it an artificial color. (11) No person may expose any poisonous substance, whether mixed with food or not, so that the same is likely to be eaten by any animal; provided, that, it is not a violation of this chapter for a person to expose on a person's own property common rat poison having a blood-thinning agent or other agent approved by the department of public health, mixed only with vegetable substances and intended for consumption by rats or mice only. (12) No person may allow an enclosure used to confine animals to be maintained in an unsanitary condition at times any time. (13) No person may sell, offer for sale, barter, donate, or display turtles with a carapace length of less than four(4) inches or viable turtle eggs. An educational or research institution is exempt from the display prohibition contained in this subsection if the turtles or turtle eggs are displayed for educational or research purposes. Sec. 6-152. Performing animals. (a) No performing animal exhibit, performing animal exhibition, rodeo, or circus is permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. (b) All equipment used on a performing animal must fit properly and be in good working condition. Sec. 6-153. Keeping of certain animals prohibited. No person may keep, own, maintain, use, or have in the person's possession or on premises under the person's control, within the city, any of the following: (1) Any dangerous animal, except in accordance with this chapter and the regulations promulgated by the animal care services manager. (2) Any guard dog, except in accordance with the provisions of this chapter. (3) Any livestock or fowl, other than banded homing pigeons as stated in subsection (5) of this section, except when raised as part of an animal husbandry program for youths or kept in accordance with section 6-154 of this chapter. (4) Any prohibited animal, except when possessed under the provisions of section 6-57 of this chapter. (5) Pigeons, other than banded homing pigeons when raised for other than commercial purposes, confined to closed lofts, except for owner-supervised training or exercise flights, and kept in compliance with section 6-154 and all other provisions of this chapter. Sec. 6-154. Keeping of any livestock or fowl. (a) The keeping on any premises in the city, of any fowl or livestock not prohibited by section 6-153, is prohibited unless: (1) The pens, stalls, or other facilities for keeping the livestock or fowl are located so that the livestock or fowl cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. Page 27 of 36 (2) The pens, stalls, or other facilities for keeping the livestock or fowl, are located so that the livestock or fowl cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. (3) The fenced open pasture for keeping the livestock or fowl has a means of preventing the livestock or fowl from coming within twenty-five (25) feet of any property line that abuts an existing residence. (b) The provisions contained in subsection (a) do not apply to fowl which are kept in completely enclosed and solidly walled facilities, to urban domestic fowl (commonly known as chickens) kept in conformity with the provisions of subsection (c) of this section, or to species of birds other than poultry. (c) Urban domestic fowl. Domestic fowl may be kept in a residential zoning district so long as the owner, tenant, or person in control of the premises where the fowl are kept complies with the following conditions at all times: (1) The number of fowl kept on the premises cannot exceed seven (7); (2) No profit or business may be derived from the keeping or use of the fowl or eggs; (3) The wings of the fowl must be kept clipped to prevent flight; (4) The fowl must be provided with a hen house ("coop") located in the backyard area of the premises, and the dimensions of the coop must not exceed five-foot width by five-foot height by five-foot length; (5) The coop must be completely surrounded by a six-foot high secure and substantial fenced enclosure that provides adequate space for the fowl to roam and the fowl are kept in the enclosure at all times; (6) The chicken coop may not be located closer than twenty-five (25) feet to any existing dwelling or business building owned, used, or maintained by any person other than the owner and/or keeper; (7) The owner or keeper must maintain the fowl, coop, and enclosed yard area, in a manner that prevents odor, health, and sanitation problems; (8) Any sudden affliction, illness, or death occurring to any of the fowl must be immediately reported by the owner or keeper to the local health authority and to animal control services; and (9) Roosters may not be present or kept on the premises. (d) The keeping of urban domestic fowl in conformity with this chapter may not be construed to constitute a violation of any zoning law or provision. (e) Buildings and structures used to keep animals within an IL Light Industrial or IH Heavy Industrial District (formerly, I-2 Light Industrial or I-3 Heavy Industrial District of the zoning ordinances, respectively) must meet the setback requirements in the Unified Development Code, as applicable in the appropriate district and as each may be amended. Sec. 6-155. Keeping of more than six pets. (a) The keeping on any premises in the city, in any zoning district other than I-2 Light Industrial or I-3 Heavy Industrial District, of any pets in any number exceeding six(6) in aggregate, other than rodents and fish, is prohibited unless: (1) The pens, stalls or other enclosure facilities for keeping the pets, other than fenced open pastures that are greater than one (1) acre, are located so that the pets cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. Page 28 of 36 (2) The pens, stalls or other facilities for keeping the pets, other than fenced open pastures that are greater than one (1) acre, are located so that the pets cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. (3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the pets from coming within twenty-five (25) feet of any property line that abuts an existing residence. (b) Buildings and structures used to keep animals within an 1-2 Light Industrial or 1-3 Heavy Industrial District must meet the set back requirements in sections 20-5.04 or 21-6.04 of the zoning ordinances, as applicable in the appropriate district and as each section may be amended. Sec. 6-156. Maximum number of animals permitted. The keeping on any premises in the city, in any zoning district of any pets exceeding six (6), not to exceed a total of fourteen (14), is prohibited unless: (1)The property that the pens, stalls, facilities or other enclosures are located on are greater or equal to one (1) acre (2)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to come within five hundred (500) feet of any existing food service or food processing establishment, regardless or occupancy or ownership of the establishment. (3)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to come within twenty-five (25) feet of any property line that abuts an existing residence. Sec. 6-157. Exceptions to distance and number requirement regulations. (a) Laboratories, veterinarians, and others listed. Where livestock or fowl are kept in medical laboratories or educational institutions for medical research, in veterinary hospitals for treatment, or on the premises of any recognized humane society for humane care, the livestock or fowl must be kept under conditions prescribed by the animal care services manager for the limited purposes stated in this subsection without the necessity of compliance with the distance and number requirements prescribed in this chapter. (b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled facilities need not comply with the distance and number requirements prescribed in this chapter. (c) Exempted premises in newly annexed area. Where any animal is being kept at a location outside the city limits and, by annexation, the area becomes a part of and within the boundaries of the incorporated area of the city, the distance and number requirements do not apply for a period of three (3)years from and after the date of annexation. Extensions of this exemption may be obtained for successive three-year periods by applying for and obtaining a certificate from the animal care services manager certifying to the existence of sanitary conditions of the premises and neighboring premises. (d) Events. Where any animal is kept as part of an auction, circus, performing animal exhibit, performing animal exhibition, or rodeo for which a commercial permit has been obtained in accordance with article III of this chapter, or is kept as part of an animal special event authorized by the animal care services division, the holder of the permit or the person so authorized is exempt from the distance and maximum animal number requirements prescribed in this chapter. Page 29 of 36 Sec. 6-158. Animal waste. (a) The owner of each animal is required to remove any feces deposited by the owner's animal on public or private property. (b) Feces deposited by an animal on public property or upon the private property of any person other than the animal's owner must be collected and removed at once by the animal's owner. Animal feces deposited upon any other property must be collected and removed daily. (c) Collection and removal of animal feces must be in a container of a type that, when closed, is rat- proof and airtight. The container must be kept closed after each collection and, at least once a week, all collected feces must be disposed of in a manner that does not to permit fly breeding or other unhealthy conditions. Sec. 6-159. Storage and condition of food; control of rats and pests. (a) All food provided for animals and kept outdoors must be stored and kept in a rat-proof and airtight building, box, container, or receptacle. (b) Stables must carry out an active, on-going rat and pest control program. (c) All food provided for animals must be free of pests, debris, and mold, or any other foreign objects or corruption that could cause harm or illness to the animal it is intended for. Sec. 6-160. Tethering dogs and other animals. (a) It shall be unlawful for any person to tie any animal, excluding livestock, to a stationary object. All animals that are tethered must be on a running line, pulley system or trolley. (b) No person may tether an animal in a manner that permits the animal to reach any alley, sidewalk, public street, or property not belonging to the owner or keeper. (c) No person may properly tether any animal to any lamppost, light pole, utility pole, awning post, tree, fence, hydrant, or shrubbery belonging to another person without the consent of the owner of the object to which the animal is tethered, (d) No person may tether an animal in such a manner that allows the animal to become entangled. (e) No person may tether an animal on a cable attached to a running line, pulling system or trolley, that is less than ten feet in length. (f) No person may tether an animal by means of a pinch-type, prong-type, choke type, or improperly fitted collar. Sec. 6-161. Adequate sheltering of Canines (a) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors without direct physical supervision for any period of time without providing direct access to adequate shelter. Direct physical supervision shall mean physically in the presence of the animal without barrier. (b) Adequate shelter shall be defined as an enclosure that: (1) is structurally sound; (2) is impervious to moisture; (3) is in good repair so as to protect the animal from injury; (4) is ventilated so as to allow any trapped air, heat or gasses to escape; (5) is maintained in a sanitary condition; (6) enables the animal to remain dry and clean; and (7) provides sufficient space allowing each animal within the enclosure to easily enter and exit, sit, stand, lie down, and turnabout freely inside without touching the ceiling or walls. (c) The enclosure shall be located in an area where it sits under direct shade for the most part of the day. If no natural shade is available in form of trees and nearby structures, shade shall be supplemented by introducing a tarp to the area extending over the shelter. (d) The area around the enclosure shall be maintained in a clean and sanitary condition, free from any trash or debris in which the animals may consume, become entangled upon, or otherwise cause injury upon itself/themselves. (e) On days when the ambient temperature falls at or below 50 degrees Fahrenheit, bedding shall be placed inside of the enclosure. (f) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors for any period of time without direct supervision as defined above in subsection (a), in the case of extreme weather conditions, including conditions in which: (1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit. (2) A heat advisory has been issued by a local or state authority or jurisdiction. Sec. 6-162. Failure to reclaim impounded animal. No person may knowingly fail to reclaim an impounded animal from the city animal shelter. This section shall apply to any person who: (a) Fails to reclaim their animal after the bite quarantine observation period has been completed. (b) After written notice of impoundment at the city animal shelter, fails to reclaim their animal (c) Leaves an animal at the city animal shelter without making prior arrangements with a staff member or delegate of the city animal shelter to have the animal owner surrendered, then fails to return and reclaim the animal within twenty four(24) hours of the drop off. Any person failing to reclaim their animal from the city animal shelter as listed above shall be subject to penalties defined in section 6-2 and shall be required to reimburse CCACS for any fees accumulated while providing care for animals left at the shelter, pursuant to sections 6-103(d) and 6-15. Sec. 6-163. Feeding of Animals (a) A person commits an offense if the person intentionally, knowingly, or recklessly feeds any animal, not limited to prohibited animals, by making food available for consumption on private or public property within the territorial limits of the city, and creates a public nuisance or encourages the Page 31 of 36 destruction of private or public property through feeding of the animals. With Exemption to; Sec. 6- 57. Or 6-58. (b) A person shall be deemed to have fed an animal if the person places food in any form as defined in this section within reach of animals. (c) A person who violates any provision of this ordinance commits an offense subjected to citations following sec. Sec. 6-2. - Penalties. (d) An exception to this section is any animal is being fed by an owner or keeper as defined in this chapter's definitions. (e) If the property is vacant or abandoned, notice shall be provided to the last known owner. Criminal Trespass citations may be given with permission of the property owner. Sec 6-164. Impounding abandoned or unrestrained animals (a) The department may order the seizure and impoundment of any abandoned animal as defined in this chapter. Disposition of said seized and impounded abandoned animals shall be in accordance with impounded animals of this chapter. Any trap, neuter and return (TNR) program that has been identified and approved with the department shall not constitute a violation of this section. (b) Animal care officers or other law enforcement officers shall have the power to impound unrestrained animals for the purpose of abating the nuisance as follows: (1) On public property, in all cases; (2) On private property, if the consent of the resident or property owner is obtained; (3) On private property, in all cases except fenced rear yards of residences, if the officer reasonably believes that the animal will run at large if not impounded. Secs. 6-165-6-200. Reserved. ARTICLE VII. WILDLIFE AND BIRD SANCTUARIES Sec. 6-201. Designated. (a) Subject to the further order, regulations and control by the city council, there is hereby designated as a wildlife and bird sanctuary all of that area owned by the city abutting on Up River Road in the county and more particularly described in two (2) deeds: One (1) deed dated December 30, 1954, of record in Volume 669, pages 189 through 191 of the Deed Records of Nueces County, and one (1) deed dated January 7, 1955, of record in Volume 672, pages 346 through 350 of the Deed Records of Nueces County, Texas. This designation shall not prohibit, nor prevent the continued use of such land as a part of the facilities of the water division of the department of public utilities, and any operations by city employees in draining or otherwise using such tract of land by such water division shall be exempt from the provisions of section 6-202. (b) Subject to the further order, regulation and control by the city council and the Lower Nueces River Water Supply District, there is hereby designated as a wildlife and bird sanctuary all area situated in Jim Wells and San Patricio Counties lying east of the Wesley Seale Dam and more particularly described as follows: All of that area bounded on the south by the city operations road on the Wade property; bounded on the west by the Wesley Seale Dam; bounded on the north by a line parallel to State Park Road 25 and immediately south of the trunk lines gauging station and extending from the south end of the north embankment of the dam easterly to the boundary of State Park Road 25; and thence along Park Road 25 to its intersection with the Southern Pacific Railroad right-of-way; and bounded on the east by the Southern Pacific Railroad west right-of-way line to said city operations Page 32 of 36 road. This designation shall not prohibit, nor prevent the continued use of said land as a part of the facilities of the water division of the department of public utilities and the operations of the city and the water district in connection with the using of said tract, and the said water reservoir shall be exempt from the provisions of section 6-202. This designation is subject to the heretofore existing rights of the Campfire Girls' lease on a portion of the water reservoir site. Sec. 6-202. Regulations. The following regulations shall be applicable to the areas designated in section 6-201 and in all other areas designated by the city council as wildlife and bird sanctuaries, whether situated within the city limits or owned by the city, whether within the city limits or outside the city limits: (1) It is unlawful for any person to hunt, take, kill or possess or attempt to hunt, take or kill any bird or animal within the limits of any wildlife and bird sanctuary designated as such sanctuary by the city council at any time. (2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and bird sanctuary within the city. (3) It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device whatever usable for the killing, trapping or taking of any bird or other wildlife on any wildlife or bird sanctuary within the city. (4) No clearing of grass, brush or trees will be permitted without permission from the city and the water district acting through the reservoir superintendent. Secs. 6-203-6-225. Reserved. ARTICLE Vlll. BEEKEEPING Sec. 6-226. Findings. The city council finds that honeybees are of benefit to mankind by providing agriculture, fruit and garden pollination services and by furnishing honey, wax, and other useful products; domestic strains of honeybees have been selectively bred for desirable traits, including gentleness, honey production and tendency not to swarm; and gentle strains of honeybees can usually be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed. Sec. 6-227. Definition. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning: Apiary means a place where one (1) or more bee colonies are kept. Bee means any stage of the common domestic honeybee, apis mellifera species. Colony means a hive and its equipment and appurtenances including bees, comb, honey, pollen and brood. Hive means a structure intended for the housing of a bee colony. Tract means a contiguous parcel of land under common ownership. Undeveloped property means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. Page 33 of 36 Sec. 6-228. Certain conduct declared unlawful. (a) The purpose of this article is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas, especially protection of persons from personal injury. (b) Notwithstanding compliance with the various requirements of this article it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others. Sec. 6-229. Hives. All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and usable condition. Sec. 6-230. Fencing of flyways. In each instance in which any colony is situated within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six(6) feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in vicinity of the apiary. It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least twenty-five (25) feet from the property line of the apiary tract. Sec. 6-231. Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths, or other water sources where they may cause human, bird or domestic pet contact. Sec. 6-232. General maintenance. Each beekeeper shall ensure that no bee comb or other materials that might attract bees to the location are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure. Sec. 6-233. Queens. All hives shall be requeened annually when a quarantine or regulated area declared by the Texas Apiary Inspection Service is in effect. In addition, in any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics. Queens must be obtained from a nonquarantined area. Sec. 6-234. Colony densities. (a) It shall be unlawful to keep more than the following number of colonies on any tract within the city, based upon the size of configuration of the tract on which the apiary is situated: (1) One-quarter acre or less tract size—Two (2) colonies. Page 34 of 36 (2) More than one-quarter acre but less than one-half acre tract size—Four(4) colonies. (3) More than one-half acre but less than one (1) acre tract size—Six(6) colonies. (4) One (1) acre or larger tract size—Eight (8) colonies. (5) Regardless of tract size, where all hives are situated at least two hundred (200) feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies. (6) Regardless of tract size, so long as all property, other than the tract upon which the hives are situated, that is within a radius of at least two hundred (200) feet from any hive remains undeveloped property there shall be no limit to the number of colonies. (b) For each two (2) colonies authorized under colony densities (subsection (a))there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) standard nine and five-eighths (9-5/8) inch depth ten-frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days. Sec. 6-235. Marking hives, presumption of beekeeping. (a) In apiaries the name and telephone number of the beekeeper shall be branded, painted, or otherwise clearly marked upon the structure of at least two (2) hives and placed at opposite ends of the apiary. Instead of marking the hives, the beekeeper may conspicuously post a sign setting forth the name and telephone number of the beekeeper. It is a defense to prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides. (b) Unless marked in accordance with subsection (a) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper. Sec. 6-236. Inspection. (a) The animal care services manager or designee shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. Presence of an apiary constitutes consent to the Animal Care Services Manager or his/her designee to enter the premises. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives. (b) The authority provided for in this article is only for the general protection of the public health and safety. Neither the city, nor any officer or employee charged with the enforcement of this article shall owe any duty to any person in carrying out any provision of this article, nor shall any of them be liable to any person for any act or omission in carrying out any provision of this article. Nothing herein shall waive any immunity from liability of the city or any of its officers or employees, or imply any duty or liability in any area of city operations. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 27, 1-20-2015) Sec. 6-237. Compliance. (a) Upon receipt of information that any colony situated within the city is not being kept in compliance with this article, the animal care services manager shall cause an investigation to be conducted. If he/she finds that grounds exist to believe that one (1) or more violations have occurred he/she shall cause a written notice of hearing to be issued to the beekeeper. (b) The notice of hearing shall set forth: Page 35 of 36 (1) The date, time and place at which the hearing will be conducted; (2) The violation(s) alleged; (3) That the beekeeper may appear in person or through counsel, and present evidence; and (4) That the bees may be ordered destroyed or removed from the city if after the hearing the animal care services manager finds that they have been kept in violation of this article. Notices shall be given by certified U.S. mail or personal delivery. However, if the animal care services manager is unable to locate the beekeeper, then the notice may be given by publication one (1) time in a newspaper of general circulation at least five (5) days prior to the date of the hearing. (c) The hearing shall be conducted by the animal care services manager or a hearing officer that he/she may designate. The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been kept in violation of this article. If the hearing officer finds that the colony or colonies have been kept in violation of this article then he/she may order that the bees be destroyed or removed from the city, within a period not to exceed twenty (20) days, and that bees shall not thereafter be kept upon the tract for a period of two (2) years. In instances where the hearing officer finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then he/she may issue a warning in lieu of ordering the bees destroyed or removed. Upon failure of the beekeeper to comply with the order the animal care services manager may cause the bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony is destroyed all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall upon the beekeeper's request be returned to the beekeeper, provided that the beekeeper agrees to bear all transportation expenses for their return. (d) The decision of the hearing officer may be appealed by filing a notice of appeal with the city manager within ten (10) days following the date that the hearing officer announces his/her decision, or if the decision is not announced at the conclusion of the hearing, then within fifteen (15) days following the date that the hearing officer places written notice of his decision in the mail to the beekeeper. An appeal shall not stay the hearing officer's decision. The decision of the city manager shall be final. (e) The provisions of this section shall not be construed to require the conduct of a hearing for the destruction of: (1) Any bee colony not residing in a hive structure intended for beekeeping; (2) Any swarm of bees; (3) Any colony residing in a standard or manmade hive, which by virtue of its condition, has obviously been abandoned by the beekeeper; or (4) Where immediately necessary to protect the public health or safety. Sec. 6-238. Conflicts with zoning ordinance. If there should be any conflict between this article and the city zoning ordinance, the zoning ordinance shall control. Page 36 of 36 Chapter 6 ANIMAL CARE AND CONTROL ARTICLE L GENERAL PROVISIONS Sec. 6-1. Definitions. (a) As used in this chapter, the following words have the meanings ascribed to them in this section: Abano"oneci animai means an animai iett without care by the owner and or keeper without making reasonable arrangements for assumption of custody by another person. Animal means any living vertebrate creature, domestic or wild, other than Homo sapiens. Animal care officer means the animal care services division manager, employees of the animal care services division, or authorized agents of animal care services. Animal care services means a division of the City of Corpus Christi Pe+,ce Departmep responsible for enforcing state and local laws, ordinances, rules, and regulations regarding the care and keeping of animals, including the provisions of this chapter. Animal Care Services Manager means the program manager of Corpus Christi Animal Care Services. At large or running at large means any animal within the city not kept under restraint. Attack means to set upon with violent force. Auction means any place or facility within the city where animals are regularly bought, sold, offered for sale, or traded, except for those facilities otherwise defined in this chapter. Cat means a domesticated member of the Felidae (feline) family, other than a bobcat, cougar, jaguar, leopard, lion, panther, tiger, or other prohibited animal. Circus means a commercial variety show featuring animal acts for public entertainment. City means the City of Corpus Christi. City animal shelter means a place operated by or for the city, whether in city facilities or by contract, for the detention of dogs, cats, and other animals as prescribed by law. Collar or harness means a band of leather, nylon, rope, or similar material, excluding chain if utilized for training purposes, that is commonly used on an animal to aid in control of movement of the animal, by the animal's owner, and to which a leash or lead can be attached. Commercial animal establishment means any auction, circus, hatchery, kennel, performing animal exhibit, performing animal exhibition, pet shop, rodeo, stable, or zoological park or any lot, building, structure, or premises within the city used for the business of buying, selling, grooming, breeding, or boarding of animals. Commercial property means: (1) Any portion of land or buildings, excluding publicly owned property,that is zoned or utilized for commercial or business uses within the city, including temporary sites. (2) Any vehicle utilized for commercial or business purposes within the city. Page 1 of 44 enrlosiire An i#s Awn the a GlosUro on its a Department means Corpus Christi Animal Care Services. Dog means a domesticated member of the Canidae (canine) family, other than a coyote, dingo, fox, jackal, wolf, wolf hybrid, or other prohibited animal. FegistFatiGR was issued, and- v4NA-h Must be a-#a_r_,he_d_te the anima-l"S ruellar AX harness fA-.r v4NA-h it v.fas is �Pd- Food means: 9)--With respect to animals any commercially processed and packaged substance intended for use by an animal owner to meet and maintain the nutritional needs of the animal for which it was processed and packaged. Food processing establishment means any place in which food is commercially manufactured or packaged for human consumption. Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, the location of vending machines, and supply vehicles. Fowl means any live bird. Grooming shop means a commercial enterprise where two (2) or more dogs or cats over four (4) months of age are groomed, upon agreement with the dog or cat owner, on a service-for-fee basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Hatchery means a commercial enterprise regularly engaged in supplying, selling, or offering for sale any fowl to commercial or agricultural customers. Impound means to ta-ke in#e A6 1stedy place OR the pity a al shelter he ehsewed by a linensed veterinarian at a veterinary hospital any of the following: Page 2 of 44 (1) the placing of an animal in the city's animal care services facility (2) the taking of an animal into custody for purposes of transporting the animal to the city's animal care services facility (3) an officer in pursuit of an animal, and in lieu of taking custody of the animal, elects to return the animal to its owner with proper written notices, warnings and admonishments. Keeper means any person, firm, corporation, organization, or department holding, caring for, having an interest in, or having control or custody of an animal. If the keeper of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances. Kennel means a commercial enterprise, excluding a veterinary hospital, where four (4) or more dogs or cats over four (4) months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed on a daily, weekly, or monthly basis. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for kennel use, if required by the city's zoning and construction ordinances. Licensed veterinarian means a veterinarian licensed by the Texas State Board of Veterinary Medical Examiners. Livestock means farm animals, such as horses, ponies, mules, donkeys, cattle, goats, sheep, and swine. Microchip means an identification chip implanted under the skin of an animal for the purpose of identifying its owner or keeper which has been registered with a microchip registration company with current ownership information to include the current owner or keeper's name, address and telephone number, and the description of the animal. Owner means any person owning, keeping, or harboring one (1) or more animals. An animal is deemed to be harbored if it is fed or provided water. An animal is deemed to be kept if it is fed or provided water and sheltered or restrained except upon the authorization of the animal care services manager. of the owner of an animal is a minor, the parent or guardian of that minor shall be responsible for compliance with animal care related ordinances and shall be identified as the legal owner of said animal. Performing animal exhibit means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event does not exceed two (2) calendar days in duration. Performing animal exhibition means any spectacle, act, or event, excluding a circus or rodeo, in which animals display stunts, tricks, skills, or natural characteristics and which spectacle, act, or event exceeds two (2) calendar days in duration. Pet means any animal not otherwise prohibited under this chapter that is kept for pleasure rather than utility. Pet shop means a commercial enterprise regularly engaged in the buying and selling of animals and animal-related products. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. Poultry means any species of domesticated fowl commonly kept for eggs or meat, such as chickens, turkeys, ducks, or geese. Prohibited animal means any animal, other than a common household pet, such as a canary, finch, cockatiel, hamster, guinea pig, gerbil, rabbit, ferret, fish, or small nonpoisonous reptiles, that poses a potential physical or disease threat to the public or that is protected by international, federal or state laws or regulations, and includes, but is not limited to, the following: Page 3 of 44 (1) Within the class Reptilia: family Helodermatidea (venomous lizards); family Varanidae (monitors); Order Ophidia, family Boidoe (boas, pythons and anacondas); family Hydrophiidae (marine snakes); family Viperidae (rattlesnakes, copperheads, cottonmouths, pit vipers and true vipers); family Elapidae (coral snakes, cobras, and mambas); family Colubridae, Dispholidus Typus (boomslang), Cyclagras gigas (water cobra), Boiga dendrophila (mangrove snake) and Kirtlandii (twig snake) only; order Crocodilia (crocodiles, alligators, caimans and gavials); (2) Within the class Aves: order Falconiforms (hawks, eagles and vultures) and subdivision Rapitae (ostriches, rheas, cassowaries and emus); (3) Within the class Mammalia: order Carnivora, family Felidae, (such as cougars,tigers, lions, bobcats and ocelots) except domesticated cats, family Canidae (such as wolves, dingos, coyotes and jackals) except domesticated dogs, family Mustelidae (such as weasels, skunks, martins, mink and badgers), family Procyonidae (such as raccoons), and family Ursidae (such as bears); order Marsupialia (such as kangaroos and opossums); order Chiroptera (bats); order Edentata (such as sloths, anteaters and armadillos); order Proboscidea (elephants); order Primata (such as monkeys, chimpanzees and gorillas); order Rodentia (such as porcupines); and order Ungulata (such as antelope, deer, bison and camels); and (4) Within the class Amphibia: Poisonous frogs, toads and salamanders. Provocation means any purposeful act that causes an animal to scratch, bite, or attack in protection of itself, the owner, or the owner's premises. Entrance, in any manner, into an area where an animal is properly under restraint in compliance with this chapter is considered provocation, irrespective of the reason for the entrance. Public nuisance means any animal that: (1) Is a dangerous dog within the meaning of V.T.C.A., Health and Safety Code ch. 822, as it may be amended. (2) Trespasses on school grounds. (3) Is repeatedly at large. (4) Damages private or public property. (5) Barks, whines, howls or makes other annoying noises in an excessive, continuous or unreasonable fashion, or at unreasonable hours. (6) AttaGks and injures or kills Bites, attacks or injures a domestic animal. (7) Bites, attacks, or injures a person. (8) Creates a danger to the public or destroys public/private property. Pursuit means . The act of attempting to capture and/or impound an animal. Rat-proof means a state of being constructed so as to effectively prevent the entrance of rats. Reclaim means to retrieve or recover an animal from the city animal shelter after quarantine or impound. Registration means a privilege granted, upon compliance with the terms of this chapter, to lawfully own, keep, harbor, or have custody or control of a dog or cat within the city. Restraint means any animal that is securely caged; secured by a leash or lead attached to a collar or harness and under the effective control of a responsible person and obedient to that person's commands, within the confines of its owner's home or yard which is fully enclosed by a secure and substantial fence; or properly tethered. must be kept in -pecies appropriate enclosures; Page 4 of 44 i.e. stalls, or in pastures or paddocks with secure and substantial fencing. In addition, a dog is deemed under restraint in the following circumstances: (1) When the dog is entered in a bona fide dog show, field trial, or exhibition held within the city, while the dog is actually engaged in the show, trial or exhibition. (2) When the dog is accompanied by and in the presence of its owner, master, or trainer, while the dog is actually engaged in dog obedience training; provided, the person training the dog has in the person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of sufficient strength to control the dog. (3) When the dog is used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. (4) When the dog is utilized by a licensed peace officer for law enforcement purposes. Sanitary means any condition of good order and cleanliness, free from the elements of filth or bacteria that endanger health. Secure enclosure with respect to Dangerous Dogs means a fenced area or structures separate from the owners residence in respect to their house if contact is possible with quests, invitees, or licensees. and meets the following requirements: (1) At least six (6) feet in height with secure sides and a secure top; if the enclosure does not have a floor that is secured to its sides, the sides shall be embedded at least two (2) feet into the ground; (2) Of sufficient size to allow the dog to move freely; (3) Locked; (4) Capable of preventing the entry of the general public, including children; (5) Capable of preventing the escape or release of a dangerous dog by any means, including digging, climbing,jumping, or chewing out of the enclosure; (6) Clearly marked as containing a dangerous dog; and (7) Located no less than five (5) feet from another property line or fence adjoining the premises on which the enclosure is located. Secure Enclosure with respect to animals that are not Dangerous Dogs means an enclosure that is species appropriate and prevents the animal from leaving said enclosure on its own volition, preventing it from being at large. Shelter means a structure that has three sides, a roof, and a floor; reference 6-161 for additional requirements Stable means any place that provides: (1) Any horse, pony, donkey, or mule for hire. (2) Boarding or grazing for any horse, pony, donkey or mule. (3) Riding instruction on any horse, pony, donkey or mule. Tether means to restrain an animal by rope, chain, or a similar material attached to a collar or harness so that an animal is fastened to a fixedeNest e;-ethP-.P v^^ ^ ^ f^ emit its FaRge Gf mevemeRt.-running line, pulley system, or trolley. Tied means to improperly restrain an animal by means of securing the animal to a fixed point Vaccination certificate means the certificate issued by a licensed veterinarian in a form that meets the minimum standards approved by the Texas Board of Health for presentation to the animal care Page 5 of 44 services division as a condition precedent to the granting of a dog or cat registration, and showing on its face that, at the time of presentation, the dog or cat covered by the certificate has been vaccinated for rabies. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and the treatment of diseases and injuries to animals. Zoological park means any lot, building, structure, enclosure, or premises, other than a pet shop or kennel, displaying or exhibiting one (1) or more species of non-domesticated animals and that is accredited by a recognized national or state zoological entity. The premises must be located within an appropriately zoned area and a certificate of occupancy must have been obtained for the intended use, if required by the city's zoning and construction ordinances. (b) The words "animal," "cat," "dog," "fowl," "livestock," and "poultry" include both the male and female gender. (c) The singular form of words includes the plural form and vice versa. Sec. 6-2. Penalties. (a) No person may violate any provisions of this chapter. A violation of any of the provisions of this chapter constitutes a violation of a public health law. A violation is punishable by a fine of not less than fifty dollars ($50.00) plus court costs nor more than Live nungree s, dollars ($2,000- )0 500.00) plus court costs. (b) Violations of this chapter are treated as strict liability offenses. There is no need to prove that the person had an intent to violate the provision with which the person is charged under this chapter. (c) Each day a violation continues constitutes a separate offense. Sec. 6-3.Animal Gare serViGes division and manager. RESERVED. GhaFge ef a peFSen having suitable qualifiGatiens and designated by the Gity as the animal GaFem depa#meef. Sec. 6-4. Interference with animal care officer. No person may interfere with an animal care officer while an officer is engaged in the performance of the officer's duties. Sec. 6-5. Pursuit of animals. For purposes of discharging the duties imposed by the provisions of this chapter, or other applicable laws, and to enforce the same, an animal care officer or police officer may enter upon private property to the fullest extent permitted by law, except dwellings located on the property, when in pursuit of any animal which the officer has reason to believe is subject to impoundment under the provisions of this chapter or other applicable laws. Page 6 of 44 Sec. 6-6. Regulations. Regulations providing for the interpretation and enforcement of this chapter may be adopted by toe Gemus Ghri-sfi Pelle, Pepa f.n eRt and Animal Care Services. The regulations are effective after review at a public meeting held by the animal control advisory committee. A copy of the regulations will be kept on file in the city secretary's office. Sec. 6-7. Compliance with chapter required for keeping animals. No person may do any act forbidden or fail to do any act required in this chapter. Sec. 6-8. Compliance with sanitation standards required for keeping animals. The owner of any animal within the city and the holder of any commercial permit issued under this chapter must comply with the standards of sanitation established by the -:4 of peNee-Animal Care Services Manager under this chapter. Sec. 6-9. Compliance with chapter not relief from compliance with federal, state, and city laws, rules, and regulations. The keeping of any animal in accordance with the provisions of this chapter may not be construed to authorize the keeping of the animal in violation of any federal, state, or city laws, rules, and regulations, including the zoning ordinances or any other ordinance of the city. Sec. 6-10. Inspection of animals and premises. Animals and premises where animals are kept or maintained are subject to inspection by the animal care services manager, an animal care officer, or any police officer at any reasonable hour, or at any hour in cases of emergency. Sec. 6-11.Abatement of conditions not complying with chapter. Whenever any premises where animals are kept aFe iR aR URsaRitaFy RditieR the facilities aFe et in Keeping out of compliance with the provisions of this chapter,-o-r any regulations established by the Ghief of peliGeAnimal Care Service Manager, or if any health ordinance or law pertaining to the care or keeping of an animal is net ebse.w , the animal care services manager or designee, by written notice to the person responsible for the Gf-the premises or the keeping of the animals or to the person owning or in control of the premises, may order the abatement of the conditions preventing compiiafic, Failure to comply with the written notice constitutes grounds for the city to obtain relief by injunction. Additionally, failure to comply with the written notice may subject the violator to administrative proceedings and criminal charges. Sec. 6-12.Application omissions or falsifications. If an applicant has withheld or falsified any information on an application submitted under this chapter, the animal care services manager may refuse to issue a registration or permit, or may revoke any registration or permit issued in connection with the application. Sec. 6-13. Effect of prior convictions; subsequent bite incident. (a) No person who has been convicted within the preceding sixty (60) months of cruelty to animals under this chapter or any other animal cruelty law of this state or any other jurisdiction in the United States may be issued a registration or permit. Page 7 of 44 (b) No person may be issued a registration if the person has been convicted within the preceding twenty-four (24) months of two (2) or more violations, resulting from separate incidents, for failure to restrain an animal under this chapter and who owns an animal that was involved in a documented biting incident, which incident occurred without provocation, resulted in injury to another person or domestic animal, and occurred subsequent to the convictions. (1) Any person denied issuance of a registration under this subsection (b) may challenge the denial by filing a written protest for review by the city manager, or the city manager's designee. Any protest must be submitted to the city manager's office within ten (10) days of denial of issuance. (2) Upon review by the city manager, or designee, of a written protest, the city manager's decision is final. (c) For purposes of this section, a prior court order of deferred adjudication or deferred disposition is considered a conviction. Sec. 6-14. Reapplication upon denial of registration,or permit. (a) Any person having been denied a registration peFMit for any reason other than section 6-13 of this chapter may not reapply for a period of thirty (30) days after such denial. (b) Any person having been denied a registration under subsection 6-13(b) of this chapter may not reapply for a period of twenty-four (24) months after such denial. (c) Each reapplication for registration must be accompanied by a nonrefundable ten-dollar ($10.00) fee. Sec. 6-15. Fee schedule. Fees for animal care services shall be charged pursuant to the animal care service fee schedule filed with the city secretary. Animal care fee schedule will be submitted to city council annually for review. Any adjustment of the animal care service fee schedule requires city council approval. Sec. 6-16.Waiver or reduction of fees. The animal care services manager is authorized to reduce or waive fees for adoption events or where necessary to advance the goals of animal care services. Sec. 6-17. Local rabies control authority. (a) The animal care services manager is designated as the local rabies control authority to enforce the provisions of the Rabies Control Act of 1981 (V.T.C.A., Health and Safety Code § 826.001 et seq.). (b) The duties of the local rabies control authority shall include, but are not limited to the enforcement of: (1) The provisions of the Rabies Control Act of 1981, and the rules of the state board of health which comprises the minimum standards for rabies control; (2) The ordinances and/or rules of the City of Corpus Christi; and/or (3) The rules adopted by the state board of health under the area quarantine provisions of V.T.C.A., Health and Safety Code § 826.045 of said Act. Secs. 6-18-6-25. Reserved. ARTICLE H. REGISTRATIONS Page 8 of 44 Sec. 6-26.Application requirements. (a) Required. No person may own, keep, harbor, or have custody or control of any dog or cat over four (4) months of age within the city without having said dog or cat implanted with a microchip that is to be registered with both animal care services and the issuinq microchip company, except as permitted by section 6-28(b) of this Code.registereda Gh .tog OF cat aprovided under this arti.le evicept a peFmitten! by GWbGection /c\ of this section (4) months of age on the .tate of the vielatien Ghapter unless, upon the request of an animal Gare seFViGes OffiGer or IiGensed peaGe OffiGer at the torne of the violation, valid proof of registration was predHGed by the person So Gharged. (b) No person may own, keep, harbor or have custody or control of a dog or cat over four(4) months of age within the city, unless the dog or cat has been immunized against rabies in accordance with this chapter and state law. Application;prerequisites. Written application for registrations and payment of (c) Every owner or keeper of a dog or cat immunized against rabies as required in this chapter must procure a rabies vaccination certificate from the veterinarian administering the vaccine. Mere to appty. An ewneF must make appliGatien fE)F FegiGtFatien within ten (10) days afteF ebtaining a deg eF rUat eve.r four(4) MGRthG ef age, eXGept that this FequiFeme.ntv.fill net apply te a RGnFR.;iGlPnt 6 ndividual keeping a deg eF Gat within the Gity feF ne IengeF than sixty (60) days. Withip the .mit"for a p Gd a eeding oiXty (60) .Jaya (d) A veterinarian who vaccinates a doq or cat as required by this chapter must furnish the owner or keeper of the dog or cat with a metal tag bearing a number corresponding to the number placed on the vaccination certificate, and with lettering showing immunization and the year thereof. This tag must be attached to the collar or harness of the dog or cat for which it was issued and must be worn at all times in a conspicuous place on the collar or harness. (1) It is presumed, in a prosecution for a violation of this subsection, that the dog or cat owned, kept, or harbored by, or under the custody or control of the person so charged was over four (4) months of age on the date of the violation. (2) It is presumed, in a prosecution for a violation of this subsection, that the person charged with owning, keeping, harboring, or having custody or control of a dog or cat required to be registered under this subsection did not register the subject animal in accordance with this chapter unless, upon the request of an animal care services officer or licensed peace officer at the time of the violation, valid proof of registration was produced by the person so charged. (e) Application; prerequisites. Written application for registrations and payment of the applicable fees must be made to the city's collections section, animal care services division, or participating veterinarians. The application must include the name, address, phone number, state-issued driver's Page 9 of 44 license or identification number, and date of birth of the applicant, a description of the animal, rabies vaccination information and microchip information. (f) When to apply. An owner must make application for registration within ten (10) days after obtaining a dog or cat over four(4) months of age, except that this requirement will not apply to a nonresident individual keeping a dog or cat within the city for no longer than sixty (60) days. (1)It is presumed, in a prosecution of a violation of this section, that the dog or cat, owned by the person charged with the violation, was obtained more than ten 0 0) days prior to the date of the violation. (2)It is presumed, in a prosecution of a violation of the exception contained in this section, that the person charged with the violation is a resident of the city and that the person has kept the dog or cat within the city for a period exceeding sixty (60) days. Sec. 6-27. Fees. (a) The animal's owner will be responsible for any applicable fees incurred by the implant of the microchip, through CCACS or other delegates, including a license veterinarian. Fees for microchipping performed by CCACS will be established in the fee schedule pursuant to section 6-15 of this chaptE)r.The annual registration fee for a dog OF Gat that has been GUrrently vaGGinated wi aha pteF. (eb) No fee may be charged for a registration issued for any dog actually used by a person with disabilities who utilizes the dog as a service animal to aid the person in going from place to place within the city. ( ) No fee may be charged for a registration issued for any dog that is owned and used by any law enforcement agency for drug awareness, drug or bomb detection, or any other law enforcement purpose. (e) r- as ,.. ... G G H a i issue ifd6p6-ike diyiGOGR y„hhiR to., (10) .Joys .,f iss-H-an a of the r istrofinn Sec. 6-28.Term.Microchip Required (a) A microchip registered with animal care services will act in place of a city license, indefinitely, and may be revoked by an administrative proceeding pursuant to section 6-76 (Registration and Permit Revocation), when deemed necessary. -If RGt revoked H Rder the PFOVOSOORSOf this Ghaptor, o (b) A dog or cat is exempt from this requirement if the doq or cat is deemed ineligible by the animal care services manager or determined to be medically unsuitable for a microchip by a licensed veterinarian, in writing. Proof of medical unsuitability for microchip must be provided to animal care services within thirty (30) days.'f not revoked under the provisions of this Ghaptor, o throe year (G) in the event that a registration is, or has been, PUFGhased on a date other than the rabie& Page 10 of 44 Sec. 6-29. ^A •••;^^ ^f*a^. Maintaining Current Registration (a) The owner of a doq or cat shall maintain current registration with both the microchip registration company and animal care services.lsauanGe. I pen aGGeptanGe of the dog or^o+ r is+ro+ie., appliGatien and payment of the appliGable fee, the Gity'S G011eGtiens seGtien, the animal Gare sewiGes duFamie-eg;sto+inn +on stamped with o of n mher and the•leer of iss-Won^e (b) If there is a change in contact information for the owner of a doq or cat with a registered microchip the owner shall update contact information, including new address or telephone number, with both animal care services as well as the microchip registration company, if applicable, within thirty (30) days of the date of the change in contact information. Wearing of tag Dens and ^o+s must wear renis+ro+inn +ons foo+ever! +n eller er harness o+ell times an animal Gare OffiGer or a PGliGe OffiGer to be without a registration tag fastened to its Gellar or harness whole On a publiG plaGe within the Gity has not been vaGGinated on GE)MplianGe with this GhapteF. (2) it is presumed, On a preseGUtien of a violation of this seGtien, that a dog OF Gat that is determined by GhapteF. (c) If there is a change in ownership of an animal with a registered microchip the initial owner shall be responsible for ensuring that the microchip is no longer registered in the initial owner's name within thirty (30) days of the date of change in ownership. The new owner shall be responsible for re- registering the microchip to include any new address and telephone number and have the registration information transferred to the new owner's name within thirty (30) days after the change in ownership. GhapteF. (d) No person may use a microchip registration for any other animal than the one it has been issued to.Nentr,anaAqr,abIe. No person may use any registration tag for any animal other than the animal v.fAs pd. Sec. 6-30. Registration records. The animal care services manager shall maintain a current record of the ser+almicrochip numbers of dog and cat registrations A^GI regi^+ro+ie., +ons iss„ee, and the names and addresses of persons to whom the :>arrteirre-arra microchip is issued/updated. Sec. 6-31. Reduction or waiver of fee during animal health campaigns. The city manager is authorized to temporarily reduce or waive fees for animal registrations as part of community-wide registration and vaccination campaigns held by the animal care services division in conjunction with the Coastal Bend Veterinary Medical Association or a nonprofit animal welfare organization to increase the awareness of the need for pet vaccinations and registrations. Sec. 6-32. Dangerous dog. registration. Dangerous dogs shall be defined in accordance with V.T.C.A., Health and Safety Code ch. 822, 822.041, as referenced below and shall be determined and regulated in accordance with said chapter. Page 11 of 44 Dangerous dog means a dog that: (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own: or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. (a) A deg fewind- te- be A- "daRgeFG616 deg" as defiRed OR V.T-.G.A., Health and- Sa" Gede Gh. 922, as ceder V.T.G.A., Health and Safety GGde Gh. 922,as it may amended. ThP- d-artgeFG616 deg reg;stFatiGR Teeis-listedin the fee shed-Wen aRt f„IP-Gti ,., 6- 15 „f thils GhapteF Tvr�Health-rn=ra-Safety-vvcreGh. 922, as it may-pc-a„-reRv Sec. 6-33. -Investigation, seizure and confinement of alleged dangerous dog and determination of a dangerous dog. (a) Upon receipt of a sworn affidavit of complaint, signed by one (1) or more individuals before an individual authorized by law to make sworn statements, the department shall investigate the complaint. The complaint shall contain a description of the incident involving an alleged dangerous dog, as defined above, the date and location of the incident, the name of the owner of the dog, the address of the owner, and a description of the dog(s) involved in the incident. Said investigation may include discussing the incident with the owner/keeper of the dog. The owner/keeper of the dog shall have the right to provide an affidavit or statement concerning his own dog. (b)After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people nearby, the animal care services manager may order the immediate seizure and impound of the dog. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a dog which is allegedly dangerous or has been previously determined to be dangerous, if permission to enter the subject premises is denied by a person in lawful possession. If the dog cannot be safely approached, a tranquilizer prosector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a dog is determined to be dangerous, it will remain in confinement as directed by the animal care services manager. A dog that has been determined to be dangerous cannot be released back to the owner until the owner is able to demonstrate his ability to comply with all the requirements for dangerous dogs as outlined in this chapter. (c)An animal care officer may impound an alleged dangerous dog if the officer has cause to believe that a dog is dangerous as defined above. (d) The department shall determine whether a dog is dangerous. Within five (5) working days after the dog is deemed dangerous, the department will notify the owner of the dog, of the dangerous dog Page 12 of 44 determination and appeal rights by written notice. The notice shall include the reason for the allegation, and all requirements for owners of a dog determined to be dangerous as set out in this chapter. Sec. 6-34 -Requirements of dangerous dog owners. (a)An owner of a dog determined to be dangerous, must comply with all of the following nine (9) requirements before the subject dog can be released to the owner by the department. The department must, however, release the dog to the owner if a state licensed veterinarian with a facility located within the city verifies, upon being contacted by a city veterinarian or department, that the owner has arranged for the required surgery of the dangerous dog to comply with this article, and if necessary, a city veterinarian has implanted the required registered microchip in the dog, has inspected the residence where the dog is to be kept, and is satisfied that the following requirements which could have already been complied with have been complied with by the owner: (1) The dog must be registered with the department and shall annually obtain a dangerous dog permit (2) The dangerous dog shall at all times wear a collar approved by the department visible at fifty (50) feet so that the dog can be identified as a dangerous dog. The department is authorized to charge the dog owner a fee to cover the cost of this collar; (3) The dangerous dog must be kept in a Dangerous Dog enclosure as defined this chapter; (4) The owner must present to the department a certificate of public liability insurance in the amount of one hundred thousand dollars ($100,000.00)to cover any injuries caused by the dangerous dog. The insurance shall be kept in effect continuously and shall not be cancelled unless the dog is no longer kept by the insured owner; (5) The dangerous dog, when taken outside the enclosure, must be securely muzzled in a manner that will not cause injury to the dog nor interfere with its vision or respiration, but shall prevent it from biting any person or animal; and the dangerous dog must be restrained by a sturdy leash six (6) feet in length. The department is authorized to charge the dog owner a fee to cover the cost of this leash; (6) The owner shall post a sign on his premises warning that there is a dangerous dog on the Property. This sign shall be visible and capable of being read from the public street or highway. In addition, the department shall design and produce a uniform dangerous dog symbol or decal, understandable by small children which shall be made available at cost to the public. Such symbol or decal must be displayed on or about the sign; (7) If the dog does not have a registered microchip, the owner shall authorize the department to implant a registered microchip beneath the skin of the dangerous dog for positive identification of the animal; (8)At the owner's expense, the dangerous dog must be spayed or neutered either by the department or, at the discretion of the department, by a veterinarian approved by the department prior to being released back to its owner; (9) The owner must allow an annual inspection of the residence where the dog is kept ensuring continued compliance with all requirements of this section. More frequent inspections may be conducted in response to specific complaints regarding non-compliance with this section. (b) If the owner of a dog determined to be dangerous is unable or unwilling to comply with the ownership requirements listed above at any time, the dog must be euthanized by an animal shelter, animal care agency, licensed veterinarian or the department. Page 13 of 44 Sec. 6-35 -Hearing to determine compliance with dangerous dog requirements. (a)V.T.C.A., Health and Safety Code § 822.0423 provides that a municipal court may conduct a hearing to determine whether the owner of a dangerous dog has complied with the requirements for the owner of a dangerous dog. (b) Upon an application from any person, the municipal court shall conduct a hearing to determine compliance with dangerous dog requirements. (c)A municipal court iudae shall conduct a hearing to determine whether the preponderance of the evidence supports the allegation that the owner has failed to comply with dangerous dog requirements. (d) The municipal court iudae shall be the finder of fact. (e)At the conclusion of the hearing, if the municipal court iudae finds that the owner has failed to comply with the dangerous dog requirements, the iudae shall order the seizure of the dog in accordance with V.T.C.A., Health and Safety Code § 822.042. (f)An owner or the person who filed the application for the hearing may appeal the decision of the municipal court in the manner provided for the appeal of cases from municipal court. (g) The municipal court iudae may compel the attendance of the applicant, any known witnesses, the dog owner against whom the application was filed, and the animal care services manager or his representative who investigated. Any interested party, including the city attorney or an assistant city attorney, may present evidence at the hearing. Sec. 6-36 -Appeal of dangerous dog determination. Appeal of a dangerous dog determination shall be in accordance with V.T.C.A., Health and Safety Code 822.0421. Sec. 6-37 -Notification of change of status; disposition of dangerous dog. The owner/keeper of a dangerous dog shall notify the department within twenty-four (24) hours if their dangerous dog is loose, unconfined, has attacked another animal, has attacked a person, or has died. A dog determined to be dangerous under this chapter shall not be offered for adoption, rescue or sale or be given away. If the owner wishes to dispose of the dangerous dog, the owner shall return the dog to the department. Sec. 6-38 -Dangerous dog violations. (a) A person commits an offense under state law, pursuant to the Texas Health and Safety Code, if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person. (b) It shall be a violation of this chapter for an owner or keeper to intentionally, knowingly, or recklessly fail to prevent a dangerous dog, from killing or wounding, or assisting in the killing or wounding of any domestic animal belonging to or in the possession of another person, or for an owner or keeper to fail to prevent a dangerous dog from attacking, assaulting, biting or otherwise iniurina any person or assisting in the attack, assault, biting, or other injury of any person whether out of or within the enclosure of the owner or keeper, and whether or not such dangerous dog was on a leash or securely muzzled or whether or not the dangerous dog escaped without the knowledge or consent of the owner or keeper. If a person is found guilty of an offense under this section,the court may order the dangerous dog destroyed in an expeditious and humane manner. (c) It shall be a violation of this chapter for the owner or keeper of a dangerous dog to: Page 14 of 44 (1) Fail to comply with any of the requirements of this chapter as required; (2) Fail to notify the department of a change of status as set out in this chapter; or (3) Fail to keep the dog confined at no cost to the city during the hearing process. (d) The provisions under this section shall not apply to any law enforcement agency where a dog is being used for law enforcement. (e) A rebuttable presumption shall exist that the owner or keeper knowingly allowed a dangerous dog to be kept in inadequate confinement in any criminal complaint filed under subsection (b). (f) The animal care services manager may require a dangerous dog to be removed from the city limits. Sec. 6-39. -Aggressive dogs; levels defined. Classification of a dog as aggressive shall be based upon specific behaviors exhibited by the dog. For purposes of this chapter, behaviors establishing various levels of aggressive dogs are the following: (1) Level 1 behavior is established if a dog, while unrestrained, causes physical injury to any domestic animal or livestock. (2) Level 2 behavior is established if: a. A dog, while unrestrained, kills or causes the death of any domestic animal or livestock, or b. A dog classified as a level 1 aggressive dog that repeats the behavior in subsection (1) after the owner or keeper receives notice of the level 1 classification. (3) Notwithstanding subsections (1) and (2), the director shall have discretionary authority to refrain from classifying a dog as aggressive, even if the dog has engaged in the behaviors specified in subsections (1) and (2) if the director determines that the behavior was the result of the victim abusing or tormenting the doq or was directed towards a trespasser or other similar mitigating or extenuating circumstances. Sec. 6-40. -Investigation, seizure, confinement, and designation of aggressive dogs. (a) The department shall have authority to determine whether any doq has engaged in the behaviors specified in section 6-39. This determination may be based upon an investigation that includes observation of and testimony about the dog's behavior, including the dog's upbringing and the owner's or keeper's control of the doq, and other relevant evidence as determined by the department. These observations and testimony can be provided by animal care officers or by other witnesses who personally observed the behavior. They shall sign an affidavit attesting to the observed behavior and agree to Provide testimony regarding the dog's behavior if necessary. (b)After receiving a sworn affidavit of complaint and upon making a decision that seizure is a reasonable precaution to ensure the health and safety of people nearby, the department may order the immediate seizure and impound of the doq. An administrative search warrant shall be obtained from any municipal court magistrate to enter onto private property to search for a doq which is allegedly aggressive or has been previously determined to be aggressive, if permission to enter the subject premises is denied by a person in lawful possession. If the doq cannot be safely approached, a tranquilizer prosector may be used by department personnel. The cost of securing said dog(s) shall be borne by the owner. If a doq is determined to be aggressive, it will remain in confinement as directed by the department. A doq that has been determined to be aggressive may not be released back to the owner until the owner is able to Page 15 of 44 demonstrate his ability to comply with all the requirements for aggressive dogs as outlined in section 6- 42. (c) The director shall have the discretion to increase or decrease a classified dog's restrictions based upon relevant circumstances. (d) The department shall give the dog's owner or keeper written notice of the dog's specified behavior, of the dog's classification as aggressive, and of the restrictions applicable to that dog by reason of its classification. (e) Upon receipt of notice of the dog's classification as a level 1 or 2 aggressive dog pursuant to subsection (c),the owner or keeper shall comply with the restrictions specified in the notice unless reversed on appeal. Upon final determination and after appeals are exhausted, the owner will have thirty (30) days to comply with the requirements or else the animal will be considered abandoned and may be disposed of per section 6-103(x). Failure to comply with the specified restrictions shall be a violation of this chapter for which a fine can be imposed. Additionally, the department shall have authority to impound the dog pending completion of all appeals. (f) If the department's decision finds that a dog has engaged in aggressive behavior, the dog may be impounded pending the completion of any appeals. (g)Any dog classified as a level 2, that is found to have repeated level 2 behavior as defined under this code, shall be impounded if not already impounded. The dog shall not be released to the owner or be made available for adoption until either potential recipient of the dog has established arrangements for accommodating the animal consistent with all the security and safety requirements ordered by the department. Sec. 6-41. -Appeal of aggressive dog determination to municipal court. (a) An owner may appeal an aggressive dog determination within fifteen (15) days after receiving notice of the determination by: (1) Filing a written notice of appeal of the department's aggressive dog determination to municipal court; (2) Attaching a copy of the determination from the department; and (3) Serving a copy of the notice of appeal to the department by certified mail. (b) A municipal court fudge shall conduct a hearing to determine whether the preponderance of the evidence supports the aggressive dog determination. (c) The municipal court fudge shall be the finder of fact. As such, the municipal court fudge may compel the attendance of the complainant, any known witnesses, the dog owner against whom the complaint was filed, and department staff who investigated. Failure of the owner of the animal to appear at the hearing shall result in a final classification with no further appeal. The owner may be represented by counsel. (d) At the conclusion of the hearing, the municipal court may affirm or reverse the aggressive dog determination. (e) The result of the administrative appeal hearing is final. Sec. 6-42. - Regulation of aggressive dogs. Page 16 of 44 In addition to the other requirements of this chapter, the owner or keeper of an aggressive dog shall comply with the following conditions: (1) Dogs classified as level 1 dogs shall confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises. In addition, the department may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). (2) Dogs classified as level 2 dogs shall be confined within a secure enclosure whenever the dog is not on a leash. The secure enclosure must be located so as not to interfere with the public's legal access to the owner's or keeper's premises, and the owner or keeper shall post warning signs, which are provided by the department, on the premises where the dog is kept, in conformance with rules to be adopted by the department. In addition, the director may require the owner or keeper to obtain and maintain proof of public liability insurance in the amount of one hundred thousand dollars ($100,000.00). The owner or keeper shall not permit the dog to be off the owner's or keeper's premises unless the dog is muzzled and restrained by an adequate leash and under the control of a capable person. (3) To ensure correct identification, all dogs that have been classified as aggressive shall be microchipped and photographed and may be fitted with a special tag or collar determined by the department at the owner's expense. (4) The animal must have a registered microchip and obtain an annual aggressive dog permit from the department. (5) The owner or keeper of a level 2 aggressive dog shall not permit the warning sign to be removed from the secure enclosure. The owner or keeper of any aggressive dog shall not permit the special tag or collar to be removed from the dog. The owner or keeper of an aggressive dog shall not permit the dog to be moved to a new address or change owners or keepers without providing the director with ten (10) days' prior written notification. (6) At the owner's expense, the aggressive dog must be spayed or neutered by a veterinarian approved by the department prior to being released back to its owner. Sec. 6-43. - Declassification of aggressive dogs. Declassification will be automatic pursuant to this section. (1) The following conditions must be met: a. Level 1 dogs have been classified for one (1)year without further incident, and two (2) years for level 2 dogs; and b. There have been no violations of the specified regulations. (2) When the owner or keeper of an aggressive dog meets all of the conditions in this chapter, the restrictions for level 1 classified dogs may be removed. Restrictions for level 2 may be removed, with the exception of the secure enclosure. Secs. 6-3344-6-50. Reserved. ARTICLE 111. COMMERCIAL PERMITS AND FEES Page 17 of 44 Sec. 6-51. General provisions. (a) Except for veterinarians and veterinary hospitals, all commercial animal establishments and owners and possessors of guard dogs are required to maintain a valid commercial permit. (b) No commercial permit may be transferred or assigned between persons, between commercial animal establishments, or between a person and a commercial animal establishment. (c) Each separate and distinct commercial animal establishment, even though owned by the same person, must possess a permit. (d) Upon a change in the location or ownership of a commercial animal establishment, a new application for a commercial permit is required. (e) Each commercial animal establishment is subject to inspection by an animal care officer during normal business hours. (f) A commercial permit must be displayed in a prominent place on the premises. (g) In addition to all other conditions of this article, owners and possessors of dogs defined as "guard dogs" under this chapter must meet all applicable provisions of this chapter and regulations promulgated by the animal care services manager. (h) No commercial animal establishment may sell any dog or cat four(4) months of age or older to any person unless the animal has a valid rabies vaccination. t ailure to apply for a permit prior to the opening of such a commercial animal facility, or within thirty (30) days prior to the renewal date, shall constitute an offense under this section. (i) All animal establishments, commercial and non must have an evacuation plan in case but not limited to natural disaster must be written and readily available. All personnel, employees and volunteers must be educated on the establish plan and have knowledge of the actions that must be taken. Sec. 6-52.Application. (a) All commercial animal establishments, excluding veterinarians and veterinary hospitals, and owners and possessors of guard dogs are required to obtain and submit an application for a commercial permit from the animal care services division. (b) Upon initial application for a permit, the animal care services manager or designee must review and certify that the commercial animal establishment has been inspected and is in compliance with all construction, zoning, or other ordinances of the city governing the conduct of the business of the commercial animal establishment after consulting with the building official and zoning and code enforcement administrator. An appropriate certificate of occupancy issued by the building official may be considered as evidence that the commercial animal establishment complies with the city's construction and zoning ordinances. Sec. 6-53. Term. (a) Except as otherwise set out in this section, a commercial permit is renewable annually. (b) Commercial permits granted to an auction, circus, performing animal exhibition, and rodeo are valid for the duration of the event not to exceed thirty (30) days from the date of issuance. The time provided includes set up and preparation. (c) Commercial permits granted to a performing animal exhibit are valid for a period not exceeding twe four (24) calendar days. Page 18 of 44 Sec. 6-54.fees: Pertaining to Kennels. (a) Each permit for a kennel must specify the maximum number of animals that may be kept at the kennel the animal care services department shall determine this number based on available space and number of employees, and can re-evaluate the maximum number of animals allowed at any time.Annual fees fGF GOrnrneFGmal permits are established On the fee SGhedule pursuant to seGtien 6 15 of this Ahapter (b) Owners and operators of kennels where animals are boarded must maintain a register identifying all animals boarded, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number. of the foes fer aRy of the appliGable Gateneries (c) The kennel owner must also provide an emergency telephone number where the kennel owner, operator, and any caretaker of the kennel can be reached if the owner, operator, or caretaker do not reside on the premises. (d) Runs shall be constructed to effectively enclose the animals housed therein. Runs and exercise areas shall be sanitized a minimum of once in each 24-hour period and more frequently as may be necessary by removal of soiled materials and application of suitable disinfectants. (e) All animals shall be supplied with sufficient species-specific food a minimum of once during each 24- hour period and more often if the physiological needs of the animal require it. Each animal shall have access to fresh potable water at all times. Sec. 6-55. Renewal of permit.Pertaining to Stables. (a) Each permit for a stable must specify the maximum number of animals that may be kept at the kennel or stable, the animal care services department shall determine this number based on available space, and can re-evaluate the maximum number of animals allowed at any time (b) Owners and operators of stables where animals are boarded must maintain a register identifying all animals boarded, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number. (c) The stable owner must also provide an emergency telephone number where the stable owner, operator, and any caretaker of the stable can be reached. (d) Stalls shall be constructed to effectively enclose the animals housed therein. Animal waste must be removed if it begins to inhibit the animal's ability to move around its stall comfortably. (e)All animals shall be supplied with sufficient species-specific food a minimum of once during each 24-hour period and more often if the physiological needs of the animal require it. Each animal shall have access to fresh potable water at all times.EXGenf for an a ,Gfien performing animal exhibit, aRimal eaYe s desmpee, Page 19 of 44 rommerrial animal es+ahlishmen+• and (3)P ymeRt of the r red fees Sec. 6-56. Pertaining to kennels and stables. Permit required for circuses, rodeos, animal exhibits, animal shows, petting zoos and recreational animal rides; special exceptions for institutions and special attractions. (a) The permit application shall be submitted at least twenty (20) days prior to the event, and shall contain information as to the kind and number of animals involved, records showing animals are up to date on required vaccinations and are considered by a certified veterinarian as healthy, required state or federal licensing documentation, name and address of the person or business that will keep, feed, and confine the animal(s) during their stay in the city and any other information requested by the department Each permit for a kennel or stable must specify the maximum number of animals that m be kept Rat+he kennel o stable (b) Petting zoo permits shall be valid for the duration of the event outlined in the application.Owners and anomals aFe bE)aFded E)F gFazed fE)F a fee must maintain a FegisteF identifying all animals bE)aFded eF (c) Permits shall not be required for any animal so long as it is owned by a governmentally owned and operated facility, publicly operated facility, a public zoological park, or bona fide medical institution or research institution.The stable or kennel owner also ^ emergenGrtelephone number reached if the n ra+or a Feta Ler do no+ reside en the n (d) Animals used within the city for entertainment purposes such as rodeos and circuses must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature. A licensed veterinarian must be able to be contacted and come to site in case of emergencies, such as but not limited to injuries and illnesses. Once determined to be injured or ill by a licensed veterinarian, an animal may be returned to use only after certification as healthy by a licensed veterinarian. Sec. 6-57. Permission to possess prohibited a als,Pet Shop Requirements. (a) No person shall operate a pet shop within the city without first obtaining a permit from the department.AUGtoons, GOFGuses, performing animal exhibits, performing animal exhibitions, and of a r al p mi+ (b) All animals shall be able to stand, stretch, and turn without touching any of the four (4) sides or top of their primary enclosure.Possession of a prehihi+ed animal .oder this ser+ien is exempt from+he (c) Animal enclosures shall be cleaned of debris and fecal matter at least once every twenty-four(24) hours. Sanitizinq of dog and cat enclosures shall be done once every day by washing the surfaces with proper disinfectants that are not harmful to the animal's health. (d) All pet shops and stores selling any and all species of animals shall: Page 20 of 44 (1) Provide appropriate medical services, care, and housing according to individual species' needs. (2) Keep accurate records of breed, description, approximate age and sex of animal sold if applicable (3) Medications and immunizations administered if applicable; (4)A guarantee of good health for a period of not less than two (2)weeks with recommendation to have the animal examined by a licensed veterinarian if applicable. The permit holder shall retain a copy of the written statement for twelve 02) months from date of sale. (e) Records shall be maintained and surrendered to the department upon request and without reservation or purpose of evasion. Failure to produce such records upon demand by the department shall be cause for the revocation of an existing permit and the refusal to issue a new permit for a period of two (2) years. Sec. 6-58. Waiver of requirernents.Suspension and Revocation. A waiver of a portion or all of the permit requirements of this aFtiGle may be granted by the ani Gare seFVvGes manager on Gases involving a SGientifiG or edUGatienal pregrarn, a show or exhibition by a welfare, animal's health to tk�e-publiEs-f}easafety-e ewe„�,�ar � -,T�,��cre�,�-a-Ruisr,nce. (a) Grounds for suspension. The animal care services manager may suspend any commercial animal establishment's permit if any of the following conditions occur: (1)Animals at the commercial animal establishment are being deprived of necessary food, water, care or shelter; (2)Animals at the commercial animal establishment are being cruelly confined or are otherwise being cruelly treated; (3)Unsanitary conditions exist at the commercial animal establishment to such an extent that those conditions create a possible medium for the transmission of disease to the animals kept there or to human beings; or (4)The owner or any agent or employee of the commercial animal establishment responsible for the oversight or operation of the commercial animal establishment receives three or more notice of violations in a twelve month period (12), outlining infractions found during inspection in relation to the operation of the commercial animal establishment. (b) Conditions for revocation. The animal care services manager may revoke a permit to operate a commercial animal establishment if any of the following conditions occur: (1)Conditions stated in subsection (a)(1), (a)(2), (a)(3), and/or (a)(4) of this section have existed on two or more occasions at the commercial animal establishment after the officials of animal care services have warned the commercial animal establishment of the conditions; (2)The commercial animal establishment permit has been suspended two or more times; (3)The owner of the commercial animal establishment is shown to have committed any offense involving cruelty to animals within the last 18 months; or (4)The owner of the commercial animal establishment has knowingly employed any person at the commercial animal establishment or allowed any person to work at the commercial animal establishment who has committed any offense involving cruelty to animals within the last 18 months. (c) Prior to suspension or revocation, written notice shall be given to the owner of the commercial animal establishment, the person in charge of the commercial animal establishment, or any employee or agent of the owner. The notice shall set forth: Page 21 of 44 MThe specific conditions existing at the commercial animal establishment that are grounds for suspension or revocation of the permit pursuant to subsection (a) of this section; (2)That a hearing will be held by the animal care services manager; (3)The date, time and place of the hearing; and (4)That the owner of the commercial animal establishment may appear in person and/or be represented by counsel and may present testimony The hearing shall be held not later than seven business days after the date the permit holder received notice of the suspension. (d)All hearings shall be held by the animal care services manager at animal care services and shall be conducted under rules consistent with the nature of the proceedings. (e)After completion of the hearing, the animal care services manager shall make written findings as to why grounds exist for suspension or revocation of the permit and shall order the suspension or revocation of the permit. However, if the animal care services manager finds that the needs of the animals and the public interest will be adequately protected by a warning, he may issue a warning and deny the request for suspension or revocation. (f)A denial of a request for suspension of a permit shall not preclude the animal care services manager from seeking a revocation of the permit as set forth below. (g)A copy of the written findings and order of the animal care services manager shall be served on the owner of the commercial animal establishment. If the address of the owner is unknown or the notice has been sent via certified mail, return receipt requested and has been returned undelivered, such notice shall be served on the person in charge of the commercial animal establishment or on any employee or agent of the owner. (h) If the permit is suspended, no one shall accept or place any animal in the commercial animal establishment and all sales, services being provided, or business conducted at the establishment shall cease until the permit is reinstated by the animal care services manager. Failure to comply with the cease business order will result in an automatic revocation of the permit. (i) Correction of conditions; inspection; reinstatement of permit. Whenever the reason for a suspension no longer exists, the owner or person in charge of the commercial animal establishment shall notify animal care services that the conditions under which the permit was suspended have been corrected and that an inspection is requested; If the inspection shows that the conditions have been corrected, the animal care services manager shall reinstate the permit unless the animal care services manager has given notice that he is seeking revocation of the permit. (i) If the permit is revoked, no one shall accept or place any animal in the commercial animal establishment and the owner and or operator of the establishment shall divest themselves of the animals within ten calendar days from the date of the revocation. Failure to do so will result in the animals at the Pet facility being declared prohibited animals and said animals will be subject to seizure. (k)Any notice provided for in this section may be served by personal delivery or by certified mail, return receipt requested. (I) In the event a permit is revoked, the city shall not be liable to the permit applicant for any refund of any part of the permit fee. Reinstatement of a permit that has been revoked shall require application and Payment of a permit fee as if it were an initial application; provided, however, no permit shall be issued to the same permit applicant if the applicant has been convicted of any offense involving cruelty to animals; no permit shall be issued to the same permit applicant within one year of the date a permit has been revoked; and no permit shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the permit was revoked shall not reoccur. If there is a dispute between the inspector and the permit applicant for an establishment for which a permit was revoked as to whether adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur, the applicant may request a hearing before the animal care services Page 22 of 44 manager. The hearing shall be conducted under the same procedures as a hearing for a revocation of a permit; however,the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur. Secs. 6-59-6-75. Reserved. ARTICLE IV.ADMINISTRATIVE PROCEEDINGS Sec. 6-76. Administrative Hearing - Registration (a) '^ The animal care services manager or designee may hold an administrative hearing to determine whether any registration or permit issued under article II or article le 111 of this chapter should be revoked or to otherwise regulate the keeping of an animal within the city, if: (1) A registration holder fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager or any law governing the protection and keeping of animals in this state; (2) The owner of an unregistered animal;or the owner of an unvaccinated animal 4 animai estahi4shw ent net n 8Fiy p n4ted under this chapter fails or refuses to comply with any provision of this chapter, the regulations promulgated by the animal care services manager, or any law governing the protection and keeping of animals in this state; (3) An animal has been involved in an unprovoked biting offense and the incident involved bodily injury to a person; (4) An animal has been determined by an animal care officer to be a public nuisance; or (5) An animal has been the subject of two (2) criminal charges r,a J/or violations brought against the animal's owner under this chapter a3„+ ulted ; GenviGtien of the al's . , of two (2) impoundments, or a combination of one such serrvis#Gs violatio, and one (1) impoundment, resulting from separate incidents, within the twenty-four-month period immediately preceding the date of the last GenViGtien violation or impoundment. Impoundments which occurred as a result of provoked scratching, biting, or attacking incidents may not be considered for purposes of this subsection. (b) Written notice required. (1) An administrative hearing may not be held without giving the registration 9F peFmit helde-r-, .,f a G of animal oo+ohGohment operating without a p ,,,;+ holder or owner of an unregistered animal prior written notice of the date, time and place of the hearing. (2) Written notice is deemed made when a certified letter, return receipt requested, addressed to the address indicated on the holder's owner last registration eF peFMit appliGatiOn or, if no such application is on file, to the owner's last known address, is deposited in the U.S. mail. Written notice is also deemed made when the notice letter is delivered by an employee or representative of the animal care services manager to the address. (3) All persons on the register kept by a stable for whiGh an administrative hearing will be held will be netified by GeFtified mail depesited On the U.S. mail eF by peFSE)nal deliVeFy Made by an (c) Disposition. At the conclusion of the administrative hearing, the tN—, animal care services manager or designee shall determine if the ownerPeFGGR holding the registration-ter - , or the owner of an unregistered animal has violated any provision of this chapter, the regulations promulgated by the animal care services manager, or any law governing the protection and keeping of the animal that is the subject of the administrative hearing. If any violation has been found to have occurred, the animal care services Page 23 of 44 manager or designee, in-at their discretion, may order that any of the following actions be taken within the time SpeGified b the -.SeWiGeS-Ill en calendar days from the date of hearing: (1) That the owner divest himself/herself of the animal that is the subject of the administrative hearing by revocation of the animal's registration and removal from the city; failure to do so will result in the animal being deemed prohibited and said animal will be subject to seizure. (2) That the owner comply with specified conditions deemed to be consistent with the protection of the public health, safety and welfare, so as to be permitted to continue to keep the animal within the city: Thnf thn nnrmit holder divest himself/herself of the animals that are the subjeGt of the or the animal within the Gity; GF (43) Any other disposition deemed to be consistent with the protection of the public's health, safety and welfare. Secs. 6-77-6-100. Reserved. ARTICLE V.ANIMAL AND RABIES CONTROL Sec. 6-101. Restraint. It is unlawful for an owner to fail to keep an owner's animals under restraint as follows: (1) Except for cats, all animals must be kept under restraint as defined in this chapter. Cats may be free-roaming if otherwise in compliance with the provisions of this chapter. (2) It is a violation of this chapter for any animal to be a public nuisance. An owner and/or keeper violates this provision if the owner's animal is a public nuisance, regardless of any "fault" of the owner ind/or keeper. Sec. 6-102. Spaying/neutering required of cats. (a) After January 1, 2006, all free-roaming cats are required to be spayed or neutered. For the purposes of this section, "free-roaming" means not securely caged, not under restraint by a leash or lead attached to a collar or harness, or not within the confines of the cat owner's residence or business structure. (b) Any free-roaming cat that is not spayed or neutered is subject to impoundment under this chapter. Nothing contained in this chapter prevents the free-roaming of cats that have been spayed or neutered. Sec. 6-103. Impoundment. (a) Grounds for impoundment. Animals may be impounded by the animal care services division in any of the following circumstances: (1) Any deg-animal not kept under restraint as required by this chapter. (23) Any dog or cat for which a valid city registration has not been issued. (34) Any animal that constitutes a public nuisance. Page 24 of 44 dO,;PA,;P Athpr than rahies and beiRg OR the G61GtGdY ef a keepeF whe fails Ar ref,ises te Make arraRgeMeRtS satiSfaGtOry to the animal care!.-;e-.PJir--e-!.-; maRager for the proper treatment AMP 4Pi rte. ( ) Any animal that has rabies or exhibits symptoms of rabies, or that a person could reasonably suspect as having rabies. ( ) Any animal that bites, scratches, or otherwise attacks another animal or person within the city. ( ) Any animal not kept by the owner or permit holder in conformity with this chapter, regulations promulgated by chief of PGIise he animal care services manager, disposition made in accordance with article IV of this chapter, or state law. ( ) Any animal upon the written request of the animal's owner and to which the animal care services manager or the animal care services manager's designee agrees that the animal be humanely euthanized for the protection of the public's health, safety and welfare. ( )Any dog that is the subject of a cause of action filed pursuant to V.T.C.A., Health and Safety Code ch. 822, as it may be amended, must be impounded until further order of a court of proper jurisdiction. (b) Length of impoundment. Except for dogs impounded as subjects or probable subjects of a proceeding pursuant to V.T.C.A., Health and Safety Code ch. 822, for observation of rabies under section 6-127, or other administrative procedures, impounded animals not claimed must be kept for not less than three (3)working days from date of impoundment. In calculating the length of this time period, the first working day after impoundment is considered day one. (c) Notification of owner. If, by registration or other means, the owner of an impounded animal can be identified, the animal care services division shall, as soon as practicable after impoundment, notify the owner in person or by telephone, if reasonably possible, aa-j-.4a- advising that, if the impounded animal is not redeemed within five (5) working days, disposition will be made in accordance with this chapter. (d) Redemption. Impounded animals, excluding those impounded as a publiG RuisaRGe, a prohibited animals, or an animal held for observation of rabies under section 6-127 or other administrative procedures, are subject to immediate redemption, at the discretion of the Animal Care Services Manager. Impounded animals may be redeemed by anyone entitled to possession of the animals, at the discretion of the Animal Care Services Manager while the animals are in the city animal shelter after paying the appropriate fees as follows: (1) Impoundment fees. Impoundment fees are established in the fee schedule pursuant to section 6-15 of this chapter. ;;tea- t-+ A waiver or partial waiver of an impoundment fee may be granted by the animal care services manager in cases involving exigent circumstances as determined by the animal care services manager. (2) Boarding charge. A boarding charge established in the fee schedule pursuant to section 6-15 of this chapter is not to exceed the reasonable cost of boarding, feeding and caring for the animal for the period of impoundment. Boarding charges apply to redemption of impounded animals and are not applicable to adoption of animals. (3) Rabies vaccination charge. All charges for rabies vaccination if required. Page 25 of 44 (4) rRegistration charge. City registration charge, if applicable. G61FFeRtly has an MiA-FGGhip. (e) Redemption—Special circumstances. In case any animal that is impounded is sought to be redeemed and is suffering from any disease or ailment, it may not be released until the animal care services manager is satisfied that arrangements looking to its proper treatment are assured. desGFibed seGtien 6 23 aFe subjeet te Fedemptien ne less than ten (10) days fFem impeundment (2)Animals impounded for rabies observation are subject to redemption if the animal has satisfied the required length of observation and is determined to be free from rabies as verified by the animal care services manager or designee. (f) Mandatory spay/neuter of dogs following impoundment. (1) The owner or keeper shall keep the animal restrained at all times (except cats as described by sec 6-102) and ensure that the animal is not at large. Dogs found to be at large shall be subject to mandatory sterilization at the owner's expense within thirty (30) days of notification of the violatiOn.MandateryteF ff 1 g f�� en The owner of o dog whiGI -.eu has net been FegisteFed and YaGGinated on aGGeFdanGe with this GhapteF, whese deg is net spayed eF neuteFed, and whese deg has been impeunded feF being at IaFge shall have the deg spayed eF neuteFed within thiFty (30) days fellewing the deg'S Felease fFem impeundment. v # aaa t #y ? # vim d eg'-s ,; ra ,- (23) Exemption made by animal care services manager. The animal care services manager is authorized to exempt a-deg-an owner from the requirements of this section if the owner proves to the satisfaction of the animal care services manager that the animal met one (1) of the conditions specified in subsection (56) of this section. (34) Certification of spay/neuter procedure. The owner is required by this section to spay or neuter their animal shall submit certification signed by a licensed veterinarian that the procedure was performed no later than the fortieth day following the notification of violation to animal care services.Thome owner of��a dog required by subsections (1) or(2)of this section+�__oo_be spayed or ��'�"�s+A-G +sin the at urs f the�� +o ri.,o ri hG P f.,rmo.+ the i+1'ro 1"1"R'!Ol�rr-CrIr�TQTGI�G'1"C'1"IriYGC TTTQTQTOYrIV�JGTIVTTTTGQTr��VGQSTr +haR the fe,beth day fell.,..iRg the a .AI's Felease fFe Fn i .,.+w eRt (45) Offenses. A person commits an offense if the person is required by this section to spay or neuter their animal and fails to provide certification to animal care services of the procedure. spayed er nP,,tPFPd (1�2\ ef+his see iA-Rd the P R foils to p „id Page 26 of 44 ( ) Affirmative defense. In a prosecution for a violation of subsection ( ), it is an affirmative defense that cit the time of the animal's impoundment: t the time Gf the GIGg'o GeGGRGI im nrlmon+: 1. The dog was registered`nii+h a RatiGRal registry; and 2.The owner of the dog was a member of a national breed club, local breed club, local all-breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding the seGe„d impoundment. b At the tome of+ham. ,.og's s GRd iM .,,+r eRt +The animaldeg was at large due to a vis major. C. The dog-animal was at large at the time of its serepd-impoundment 4ue* frc x due to the criminal or negligent acts of a third party who was not residing at the dog owner's residence.At trial, evidence of a fire or the criminal or negligent acts of a third party may be presented in one (1) or more of the following manners: 1. A certified copy of a police or fire report verifying the incident; 2. The affidavit of police or fire personnel with direct knowledge of the incident; or 3. The testimony of police or fire personnel with direct knowledge of the incident. ( ) Nothing in this subsection may be construed so as to permit a spayed or neutered dog to run at large. (g) Disposition of animals. (1) Immediately upon impoundment, the city is the designated caretaker of impounded animals. Except as provided in subsections (c) and Q) of this section, and certain livestock as provided for in this paragraph, impounded animals not redeemed by their owner within three (3) working days following impoundment become the property of the city and may be placed for adoption in a suitable home or with any nonprofit association organized for the protection and welfare of animals, sold under section 17-6 of the Code of Ordinances, or humanely euthanized. Prior to the disposition of any livestock excluding goats and sheep, notice must be posted for a ten-day period at the county courthouse, City Hall, and the city animal shelter upon the expiration of three (3)working days from the date of impoundment of the livestock. Upon the expiration of the ten-day notice period, the city may dispose of the livestock in the same manner as other unclaimed animals. (2) The expiration of the three (3)working days period upon impoundment and the notice of and expiration of the ten-day period with respect to livestock does not apply to the disposition of any animal placed in impoundment by the written consent of the animal's owner and the acceptance of the animal by the animal care services manager. Any animal received by the consent of its owner may be disposed of immediately upon its impoundment in the same manner as unclaimed animals. (3) In the case of a dog impounded under authority of V.T.C.A., Health and Safety Code ch. 822, as it may be amended, or other state law, the dog may be redeemed upon the court's finding and rendering a judgment that the dog did not engage in dangerous conduct and upon the conclusion of any proceeding provided for in this chapter; or upon the court's finding that the dog did engage in dangerous conduct, that the claimant of the dog shows proof of having fully complied with all insurance and restraint requirements provided by state law, and meets all requirements of this chapter that pertain to the keeping of a dangerous dog. (4) Due to their immature immune system, any impounded animal under four (4) months of age shall immediately become the property of the city, for humane disposition, and may be offered for adoption, rescue, foster care or humanely euthanized at the discretion of the animal care service manager, veterinarian, or their designee. Page 27 of 44 (h) Adoption of unclaimed animal. A person may adopt an unclaimed animal after the expiration of the redemption period and after paying any applicable rabies vaccination fees, registration fees, spay/neuter fees, and adoption fees established in the fee schedule pursuant to section 6-15 of this chapter. A person adopting an unclaimed animal must sign an agreement to have the animal sterilized within thirty (30) days of adoption, in compliance with V.T.C.A., Health and Safety Code ch. 828, if the animal is unsterilized at the time of adoption.All adoptions and approval of applications for adoption are at the discretion of the animal care services manager. (i) Compliance required for release. No impounded dog or cat may be released until the person to whom the dog or cat is to be released agrees and meets all regulations promulgated by the animal care services manager. Q) Euthanasia. The animal care services manager, a licensed veterinarian, or the animal care services manager's designee may direct the immediate euthanization of any animal determined to be seriously injured or diseased under the rules, guidelines, or procedures established by the animal care services manager. Impounded animals not redeemed or adopted as provided for in this section must be humanely euthanized at the city animal shelter under the direction 4an a.,"�r^ seFViGes ^ff Gera person trained and certifleL curnall eulrlailasia a.� ._died in the Texas Heaan and Safety Code. The carcasses must be disposed of as directed by the animal care services manager. (k) Records. The animal care services manager shall cause to be maintained a record describing each identifiable animal impounded within the preceding two (2)years. In the case of registered dogs and cats, the registration number and the name of the person to whom it was issued must be noted. In the case of each identifiable animal, it must be noted how the impounded animal was disposed of, giving the names and addresses of persons to whom the animal was delivered, and the fees and charges received from the persons. (1) NetiGe of Welation Citation. In addition to, or in lieu of, impounding an animal under this section, an animal care services officer or any police officer may issue to the owner of the animal a citation for a violation of this chapter. Sec. 6-104. Small anima traps. Traps with holding mechanisms prohibited; exceptions. No person shall set up or allow to be set up on his property steel maw traps, spring traps with teeth or perforated edges on the holding mechanism, snares, or any type of trap with a holding mechanism designed in such a fashion as to reasonably ensure the cutting, slicing, tearing or otherwise traumatizing of the entrapped prey, for the purpose of ensnaring domestic or wild animals within the city limits. This section is not to be construed to include those traps designed to kill common rodents, i.e., rats, mice, gophers and groundhogs; except that the owner is responsible for taking care that any of the above said "rodent"traps are not placed or used on or about his property in such a manner as to reasonably ensure the trapping of any other domesticated or wild animal, or of a human. Small aRimal traps will be reRted by the aRimal Gare seWiGes diViSiGR to a GitizeR for a Gharge puFsuaRt tG 1_;eGtiA_.n 6- 15 Gf thiG Ghapter fA-.r A-11 small aRimal tFaps that aFe 196t, GtGleR, GF GtheRMORP SeG. 6-105. Dead piGI( up ser-viEe fee. pursuaRt tO seGtiOR 6 15 of this Ghapter will be GOIIeGted for eaGh dead dog, Gat, or small aRimal UPOR PiGk Page 28 of 44 SeG. 6-a06. Traps with holding meGhanisms prohibited; e*Eeptions. NE) peFGen shall set Up eF allew te be set up en his PFE)peFty steel jaw tFaps, GpFing tFaps with teeth eF designed on SUGh a fashion as to reasonably ensure the Gutting, SliGing, tearing OF GtheRqiSe tFaUMatiZing a wtheFity OR AGIF fAGIF the GAG lAt PA.' A-f AGAGIMI.M.-HIRIOG a bile dlise as e o This serutie IA is A At tA- h-e AGAG As trued-t A 0 A A I,ide these tFaps deGigRed te k Aemmen rAdeRtS, i.e., Fats, MiGe, gephem and gFG6lRdhqgG; exGept that the Secs. 6-1057-6-125. Reserved. Sec. 6-126. Rabies vaGGinatoon.Rabies impoundment and quarantine. (a) Any veterinarian or person having knowledge of an animal having bitten, scratched or injured a person, within the city shall report the incident to animal care services who is also the local rabies control authority immediately. No person may own, keep, harbor or have Gustedy OF Gentrel of a dGg eF Gat eyeF feuF(4) menths ef age within the Gity, unless the deg eF Gat has been immunized ag Fabies on aGGeFdanGe with this GhapteF and state law. in the eVent E)f a GE)nfliGt E)f laws, the ME)F& (b) Any veterinarian or other person having knowledge of an animal diagnosed as having any reportable zoonotic disease shall report same to the animal care services manager within five (5) days.E*e4y (c) The owner of such diseased or biting or scratching animal who learns of such incident shall immediately give his name and address together with the animal's registered microchip information and date of last rabies vaccination to the person bitten or injured or to a parent or guardian of such person who is under the age of eighteen (18) years. The owner or keeper shall notify the department within twenty-four (24) hours of his name; the animal's registered microchip information; the name of the injured person: and other information requested by the department related to the animal and injured party. The owner or keeper of the diseased or biting or scratching animal shall contact animal care services within twenty-four (24) hours upon receipt or notification from animal care services, The animal care services manager or any appointed animal care officer shall seize and impound any animal for rabies observation upon the sworn affidavit of any person with knowledge that the animal has bitten or scratched a person. A search and seizure warrant shall be obtained from any municipal court fudge or other magistrate to enter onto private property to search for the biting or scratching animal if permission to enter is not given. (1) The owner or keeper of any animal within the city which has bitten or scratched a person so as to have caused a break of the skin shall, on demand of the animal care services manager or any animal care officer, immediately surrender such animal to the animal care services facility, or other approved rabies quarantine facility for observation for a period lasting not more than ten (10) days after the date of the incident, subject to the provisions of subsection (b). (2) The owner of any animal that has bitten or scratched any person shall be allowed to assume personal responsibility for confining the animal for the observation period often (10) days, only under the followinq circumstances: a. Secure facilities must be available at the home of the animal's owner, and must be approved by the animal care services manager: Page 29 of 44 b. The animal was currently vaccinated against rabies when the exposure incident occurred; c. The animal was not in violation of any laws or ordinances at the time of the bite; and d. The animal care services manager, city veterinarian or a licensed veterinarian must observe the animal at least on the first and last days of the quarantine period. If the animal becomes ill during the observation period, the animal care services manager must be notified by the person having possession of the animal. At the end of the observation period, the release from quarantine must be accomplished in writing by the veterinarian who will attest to the health of the animal. (3) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal shall be quarantined for observation by a veterinarian for the appropriate period as required by state law. (4) Violation of the observation confinement of the biting animal as provided in subsection (b)shall be lust cause for seizure and confinement of the animal in the animal care services facility of the city. (5) All wild animals involved in exposure incidents including biting, scratching or any other direct exposure by physical contact will be humanely euthanized in such a manner that the brain is not mutilated. The brain shall be submitted to a Texas Department of State Health Services certified laboratory for rabies diagnosis. (d) Investigation of cases. The animal care services manager or designee shall investigate and record all cases of rabies and suspected rabies. (e) Disposition of bodies of quarantined animals. The body of any animal that has died of rabies or that dies or is destroyed while in quarantine may not be disposed of except as directed by the animal care services manager. (f) Payment of costs. The owner of an animal quarantined under this section shall pay to the animal care services division the reasonable costs of the quarantine and disposition of the animal, including charges for preparation, processing, and shipment of the animal's head or brain, if required, to the nearest Texas Department of State Health Services Laboratory for Testing. The fee for preparation, processing, and shipment, by the animal care services division, of the animal's head or brain is established in the fee schedule pursuant to section 6-15 of this chapter. Res. G-1 27. Rabies i .d-mept and nt+pe-. , , the peFied ef tome may net be fev.fer than fon (10) days n MGFP- fhon f.,l lrfoo., (1 A) .toys Page 30 of 44 (b) A;qhibited kem being on p��#Gways, plaG@&. Ne animal that hR-,-; ra-bies May be allewed at aRy tome has bee.n released- frown observatieR by the animal g-a-re maRager, IGGal rabies gentrel utheFifi. eF IieeRsed vete FieeFiee (G) QwneF�s FespensibAy, The E)WRer E)f aRy aRimal that is reported to have rabies, OF SyMptE)MS E) , 61--h-Mit the o of as FequiFed by thio 66lhoeetiee elotiee of thio ehoeteF with a FitteR F eFt disease health vmSe1r and the animal . -es maRageF the fGIIGWiRg; � /1�)TheIeeotiee of the o of (2) The RaMe and o.J.JFeee f the ewfpp-.-of the animal, (3) The type and ehoFoete-- ef�f ie disease. , eF ewned h.. a named F. hes a ent u Fed. etien all Gases of Fehies and s eeted Fehies feF TexasDe � F.e Ftment� neaFest Teof State Health Ce s I eheFete F..feF Testing. The fee feF te pFepaFe, PFGGeSS, and shop the head A_.r Nrain A-f an animal tA- the Rearest Texas Depal4meRt of Qtote L.Ieolth Qenrieeo I oheFoteni feF Tectinn of thio ehoeteF Page 31 of 44 diyossoe.n as ir"'i-the fee oGhed61 le P R-At f., GeGtv.,., C. 15 A-f thio GhapteF Ses. G-1 22. Spay4reuter r-lininTees. Secs. 6-1279-6-150. Reserved. ARTICLE VI. CARE AND KEEPING OF ANIMALS Sec. 6-151. Humane animal care and keeping. No person may violate the following provisions for humane animal care and keeping: (1) No owner or keeper may fail to provide the owner's animal with sufficient and wholesome food, water, and necessary shelter and protection from the weather, all within reach of the animal. (2) No owner or keeper may fail to provide ner's an animal in said person's possession with humane care and treatment and with veterinary care when needed to prevent or alleviate suffering. (3) No person may beat, cruelly treat, torment, overload, seriously overwork, or otherwise abuse an animal, or cause, instigate, or permit one animal to fight with another animal or person. (4) No person may abandon or neglect an animal. (5) No person, other than a licensed veterinarian, may crop a dog's ears, dock a dog's tail, or remove a dog's dew claws. (6) No person may sell an animal to, buy an animal from, or barter or exchange for an animal with, any commercial animal establishment that does not have a valid commercial permit nor may a person sell, buy, donate, or barter or exchange for, an animal upon commercial property without possessing a valid commercial permit. (7) No person may sell, offer for sale, or donate any animal to another person, or barter or exchange with any other person for an animal, upon any public property within the city. Public property includes, but is not limited to, streets, alleys, sidewalks, parking lots, and rights-of-way and easements. (8) No person may sell or deliver live chickens, ducklings, goslings, or rabbits to any other person within the period of thirty (30) days prior to Easter Sunday and on Easter Sunday. Hatcheries and commercial animal establishments that buy and sell animals intended for agricultural use or to be raised for commercial purposes are excluded from the prohibitions contained in this subsection. (9) No person may give away or offer to give away any live animal, except for goldfish, as a prize for or as an inducement to enter any contest, game, or other competition, or as an inducement to enter a place of amusement, or offer any animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade. Page 32 of 44 (10) No person may sell, offer for sale, barter, or display any living chickens, rabbits, ducks, or any other fowl or animal which has been dyed, colored, or otherwise treated so as to impart to it an artificial color. (11) No person may expose any poisonous substance, whether mixed with food or not, so that the same is likely to be eaten by any animal; provided, that, it is not a violation of this chapter for a person to expose on a person's own property common rat poison having a blood-thinning agent or other agent approved by the department of public health, mixed only with vegetable substances and intended for consumption by rats or mice only. (12) No person may allow an enclosure used to confine animals to be maintained in an unsanitary condition at times any time. (13) NG PeFGGR R;ay tetheF, hitGh, 9F stake eut aRy aRimal, 9F peF.m.it an animal te he tethered, FPSGUR-int by WhiGh thP- A-ROMR-1 08;tetheFed, hitGhed, 9F staked 961t iRte aRY sidewalk, alley „r I;+rppt (14) No peFSOR may tether, toe, or fasteR aRy aRimal to aRY lamppost, lightpele, UWE ty pOle, aWRiRg (13?-15) No person may sell, offer for sale, barter, donate, or display turtles with a carapace length of less than four(4) inches or viable turtle eggs. An educational or research institution is exempt from the display prohibition contained in this subsection if the turtles or turtle eggs are displayed for educational or research purposes. Sec. 6-152. Performing animals. (a) No performing animal exhibit, performing animal exhibition, rodeo, or circus is permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, physical injury or suffering. (b) All equipment used on a performing animal must fit properly and be in good working condition. Sec. 6-153. Keeping of certain animals prohibited. No person may keep, own, maintain, use, or have in the person's possession or on premises under the person's control, within the city, any of the following: (1) Any dangerous animal, except in accordance with this chapter and the regulations promulgated by the animal care services manager. (2) Any guard dog, except in accordance with the provisions of this chapter. (3) Any livestock or fowl, other than banded homing pigeons as stated in subsection (5) of this section, except when raised as part of an animal husbandry program for youths or kept in accordance with section 6-154 of this chapter. (4) Any prohibited animal, except when possessed under the provisions of section 6-57 of this chapter. (5) Pigeons, other than banded homing pigeons when raised for other than commercial purposes, confined to closed lofts, except for owner-supervised training or exercise flights, and kept in compliance with section 6-154 and all other provisions of this chapter. Page 33 of 44 Sec. 6-154. Keeping of any livestock or fowl. (a) The keeping on any premises in the city, within any zening diGtF;^+ether than an II Light IndustFi,l , of any fowl or livestock not prohibited by section 6-153, is prohibited unless: (1) The pens, stalls, or other facilities for keeping the livestock or fowl ,ten^+sora^ rasa eater+hn„ ^ e W1) a are located so that the livestock or fowl cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. (2) The pens, stalls, or other facilities for keeping the livestock or fowl, Athor+hAR feRGe+ ^non are located so that the livestock or fowl cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. (3) The fenced open pasture, `"'h;^h is greater than one (1) a^ro for keeping the livestock or fowl has a means of preventing the livestock or fowl from coming within twenty-five (25) feet of any property line that abuts an existing residence. (b) The provisions contained in subsection (a) do not apply to fowl which are kept in completely enclosed and solidly walled facilities, to urban domestic fowl (commonly known as chickens) kept in conformity with the provisions of subsection (c) of this section, or to species of birds other than poultry. (c) Urban domestic fowl. Domestic fowl may be kept in a residential zoning district so long as the owner, tenant, or person in control of the premises k where the fowl are kept complies with the following conditions at all times: (1) The number of fowl kept on the premises cannot exceed seven (7); They Fe kept EW Used + ;€ + €+ryn efthe eggs by (23) No profit or business may be derived from the keeping or use of the fowl or eggs; by he keepe (34) The wings of the fowl must be kept clipped to prevent flight; (45) The fowl must be provided with a hen house ("coop") located in the backyard area of the premises, and the dimensions of the coop must not exceed five-foot width by five-foot height by five-foot length; (5(,) The coop must be completely surrounded by a six-foot high secure and substantial fenced enclosure e+44ax+++ be kept, SUGh as a sox feet high property feRGe er wall, the requiremeRt to have a GhiGkeR P is waived s6IGRg as the size of the o.,^I^^„ro that provides adequate space for the fowl to roam and the fowl are kept in the enclosure at all times; (67) The chicken pen-coop may not be located closer than twenty-five (25) feet to any existing dwelling or business building owned, used, or maintained by any person other than the ier and/or keeper; (78) The owner or keeper must maintain the fowl, coop, and enclosed yard area, a44�L-, in a manner that prevents odor, health, and sanitation problems; (89) Any sudden affliction, illness, or death occurring to any of the fowl must be immediately reported by the owner or keeper to the local health authority and to animal control servicesd+visien; and Page 34 of 44 (94f)Roosters may not be present or kept on the premises. (d) The keeping of urban domestic fowl in conformity with this chapter may not be construed to constitute a violation of any zoning law or provision. (e) Buildings and structures used to keep animals within an IL Light Industrial or IH Heavy Industrial District (formerly, I-2 Light Industrial or I-3 Heavy Industrial District of the zoning ordinances, respectively) must meet the setback requirements in the Unified Development Code, as applicable in the appropriate district and as each may be amended. Sec. 6-155. Keeping of more than six pets. (a) The keeping on any premises in the city, in any zoning district other than I-2 Light Industrial or I-3 Heavy Industrial District, of any pets in any number exceeding six (6) in aggregate, other than rodents and fish, is prohibited unless: (1) The pens, stalls or other enclosure facilities for keeping the pets, other than fenced open pastures that are greater than one (1) acre, are located so that the pets cannot come within one hundred (100) feet of any existing dwelling or business building owned, used, or maintained by any person other than the keeper. (2) The pens, stalls or other facilities for keeping the pets, other than fenced open pastures that are greater than one (1) acre, are located so that the pets cannot come within five hundred (500) feet of any existing food service establishment or food processing establishment, regardless of ownership or occupancy of the establishment. (3) The fenced open pasture, which is greater than one (1) acre, has a means of preventing the pets from coming within twenty-five (25) feet of any property line that abuts an existing residence. (b) Buildings and structures used to keep animals within an I-2 Light Industrial or I-3 Heavy Industrial District must meet the set back requirements in sections 20-5.04 or 21-6.04 of the zoning ordinances, as applicable in the appropriate district and as each section may be amended. Sec. 6-156. Maximum namhonpd-number of animals permitted. The keeping on any premises in the city, in any zonir,, district of any pets exceeding six (6), not to exceed a total of fourteen (14), is prohibited unless: (1)The property that the pens, stalls, facilities or other enclosures are located on are greater or equal to one (1) acre (2)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to come within five hundred (500) feet of any existing food service or food processing establishment, regardless or occupancy or ownership of the establishment. (3)The pens, stalls, facilities or other enclosures confining the animals do not allow the animal to come within twenty-five (25) feet of any property line that abuts an existing residence. ef the exteFieF limits ef aRy exiGtiRg buildiRg used feF human habitatien eF used feF the busines any person other than the keeper(unless the keeper is within one (1) or more of the exGeptiens set fe Fth on seGtmen 5 157\ Page 35 of 44 regardless A , eWReFship aeGGupaRGY of the estahshw eRt G fFeM GeMiRg withiR tweRty five (25) feet ef aRy PFE)peFty IiRe that abuts aR existiRg FesideRGe. (b) BuildiRgs and StFUGtUFes used te keep aRimals withiR aR 1 2 Light IRdUGtFiaI E)F 1 3 Heavy IRdUGtFia1 Sec. 6-157. Exceptions to distance and number requirement regulations. (a) Laboratories, veterinarians, and others listed. Where livestock or fowl are kept in medical laboratories or educational institutions for medical research, in veterinary hospitals for treatment, or on the premises of any recognized humane society for humane care, the livestock or fowl must be kept under conditions prescribed by the animal care services manager for the limited purposes stated in this subsection without the necessity of compliance with the distance and number requirements prescribed in this chapter. (b) Pet shops. Pet shops keeping all animals in completely enclosed and solidly walled facilities need not comply with the distance and number requirements prescribed in this chapter. (c) Exempted premises in newly annexed area. Where any animal is being kept at a location outside the city limits and, by annexation, the area becomes a part of and within the boundaries of the incorporated area of the city, the distance and number requirements do not apply for a period of ( ) years from and after the date of annexation. Extensions of this exemption may be obtained for successive -year periods by applying for and obtaining a certificate from the animal care services manager certifying to the existence of sanitary conditions of the premises and neighboring premises. ( ) Events. Where any animal is kept as part of an auction, circus, performing animal exhibit, performing animal exhibition, or rodeo for which a commercial permit has been obtained in accordance with article III of this chapter, or is kept as part of an animal special event authorized by the animal care services division, the holder of the permit or the person so authorized is exempt from the distance and maximum animal number requirements prescribed in this chapter. Sec. 6-158.Animal waste. (a) The owner of each animal is required to remove any feces deposited by the owner's animal on public or private property. (b) Feces deposited by an animal on public property or upon the private property of any person other than the animal's owner must be collected and removed at once by the animal's owner. Animal feces deposited upon any other property must be collected and removed daily. (c) Collection and removal of animal feces must be in a container of a type that, when closed, is rat- proof and airtight. The container must be kept closed after each collection and, at least once a week, all collected feces must be disposed of in a manner that does not to permit fly breeding or other unhealthy conditions. Page 36 of 44 Sec. 6-159. Storage of food; Gentrel a rats. torage and condition of food; control of rats and pests. (a) All food provided for animals and kept outdoors must be stored and kept in a rat-proof and airtight building, box, container, or receptacle. (b) Stables must carry out an active, on-going rat and pest control program. All food provided for animals must : free of pests, debris, and mold, or any other foreign objects or corruption that could cause harm or illness to the animal it is intended for. Sec. 6-160. Tethering dogs and other animals. (a) It shall be unlawful for any person to tie any animal, excluding livestock, to a stationary object. All animals that are tethered must be on a running line, pulley system or trolley. (b) No person may tether an animal in a manner that permits the animal to reach any alley, sidewalk, public street, or property not belonging to the owner or keeper. (c) No person may properly tether any animal to any lamppost, light pole, utility pole, awning post, tree, fence, hydrant, or shrubbery belonging to another person without the consent of the owner of the object to which the animal is tethered, (d) No person may tether an animal in such a manner that allows the animal to become entangled. (e) No person may tether an animal on a cable attached to a running line, pulling system or trolley, that is less than ten feet in length. (f) No person may tether an animal by means of a pinch-type, prong-type, choke type, or improperly fitted collar. Gle Sec. 6-161. Dangerous dog leash.Adeguate sheltering of Canines (a) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors without direct physical supervision for any period of time without providing direct access to adequate shelter. Direct physical supervision shall mean physically in the presence of the animal without barrier. (b) Adequate shelter shall be defined as an enclosure that: (1) is structurally sound; (2) is impervious to moisture; (3) is in good repair so as to protect the animal from iniury; (4) is ventilated so as to allow any trapped air, heat or gasses to escape; (5) is maintained in a sanitary condition; (6) enables the animal to remain dry and clean; and (7) provides sufficient space allowing each animal within the enclosure to easily enter and exit, sit, stand, lie down, and turnabout freely inside without touching the ceiling or walls. Page 37 of 44 (c) The enclosure shall be located in an area where it sits under direct shade for the most part of the day. If no natural shade is available in form of trees and nearby structures, shade shall be supplemented by introducing a tarp to the area extending over the shelter. (d) The area around the enclosure shall be maintained in a clean and sanitary condition, free from any trash or debris in which the animals may consume, become entangled upon, or otherwise cause injury upon itself/themselves. (e) On days when the ambient temperature falls at or below 50 degrees Fahrenheit, bedding shall be placed inside of the enclosure. (f) It shall be unlawful for any person owning a canine to allow said canine to remain outdoors for any period of time without direct supervision as defined above in subsection (a), in the case of extreme weather conditions, including conditions in which: (1) The actual or effective outdoor temperature is below 32 degrees Fahrenheit. (2) A heat advisory has been issued by a local or state authority or jurisdiction. GtFength te GentFel the deg, ne lengeF than sox (6) feet On length and On the immediate GentFel ef a peFGen at any tome the deg is net i Sec. 6-162. Tethering dogs and other anornals.Failure to reclaim impounded animal. No person may knowingly fail to reclaim an impounded animal from the city animal shelter. This section shall apply to any person who: (a) Fails to reclaim their animal after the bite quarantine observation period has been completed. (b) After written notice of impoundment at the city animal shelter, fails to reclaim their animal (c) Leaves an animal at the city animal shelter without making prior arrangements with a staff member or delegate of the city animal shelter to have the animal owner surrendered, then fails to return and reclaim the animal within twenty four (24) hours of the drop off. Any person failing to reclaim their animal from the city animal shelter as listed above shall be subject to penalties defined in section 6-2 and shall be required to reimburse CCACS for any fees accumulated while providing care for animals left at the shelter, pursuant to sections 6-103(d) and 6-15. peFied of tome eon a I.Gabe, s s to .. .ate a unhealthy sift alien fee the animal, Thos seGtiE)n dees net apply te any animal that is restrained te a running line, pulley, er trelley system and that Os net FeStFained te the Funning pFeng eF'y fitted GeIlar line, pulley, type, Gh Sec. 6-163. ViEieus dogleeding of Animals (a) A person commits an offense if the person intentionally, knowingly, or recklessly feeds any animal, not limited to prohibited animals, by making food available for consumption on private or public Page 38 of 44 Property within the territorial limits of the city, and creates a public nuisance or encourages the destruction of private or public property through feeding of the animals. With Exemption to; Sec. 6- 57. Or 6-58. (b) A person shall be deemed to have fed an animal if the person places food in any form as defined in this section within reach of animals. (c) A person who violates any provision of this ordinance commits an offense subjected to citations following sec. Sec. 6-2. - Penalties. (d) An exception to this section is any animal is being fed by an owner or keeper as defined in this chapter's definitions. (e) If the property is vacant or abandoned, notice shall be provided to the last known owner. Criminal Trespass citations may be given with permission of the property owner. esEasie�-} (-rr r'RvciTer�rvg, Gat,-er-etrrer�rvrncStFG pet, vvrr,-virocStO ; E)r Sec 6-164. Impounding abandoned or unrestrained animals (a) The department may order the seizure and impoundment of any abandoned animal as defined in this chapter. Disposition of said seized and impounded abandoned animals shall be in accordance with impounded animals of this chapter. Any trap, neuter and return (TNR) program that has been identified and approved with the department shall not constitute a violation of this section. (b) Animal care officers or other law enforcement officers shall have the power to impound unrestrained animals for the purpose of abating the nuisance as follows: (1) On public property, in all cases; (2) On private property, if the consent of the resident or property owner is obtained; (3) On private property, in all cases except fenced rear yards of residences, if the officer reasonably believes that the animal will run at large if not impounded. Secs. 6-1654-6-200. Reserved. ARTICLE VII. WILDLIFE AND BIRD SANCTUARIES Sec. 6-201. Designated. (a) Subject to the further order, regulations and control by the city council, there is hereby designated as a wildlife and bird sanctuary all of that area owned by the city abutting on Up River Road in the county and more particularly described in two (2) deeds: One (1) deed dated December 30, 1954, of record in Volume 669, pages 189 through 191 of the Deed Records of Nueces County, and one (1) Page 39 of 44 deed dated January 7, 1955, of record in Volume 672, pages 346 through 350 of the Deed Records of Nueces County, Texas. This designation shall not prohibit, nor prevent the continued use of such land as a part of the facilities of the water division of the department of public utilities, and any operations by city employees in draining or otherwise using such tract of land by such water division shall be exempt from the provisions of section 6-202. (b) Subject to the further order, regulation and control by the city council and the Lower Nueces River Water Supply District, there is hereby designated as a wildlife and bird sanctuary all area situated in Jim Wells and San Patricio Counties lying east of the Wesley Seale Dam and more particularly described as follows:All of that area bounded on the south by the city operations road on the Wade property; bounded on the west by the Wesley Seale Dam; bounded on the north by a line parallel to State Park Road 25 and immediately south of the trunk lines gauging station and extending from the south end of the north embankment of the dam easterly to the boundary of State Park Road 25; and thence along Park Road 25 to its intersection with the Southern Pacific Railroad right-of-way; and bounded on the east by the Southern Pacific Railroad west right-of-way line to said city operations road. This designation shall not prohibit, nor prevent the continued use of said land as a part of the facilities of the water division of the department of public utilities and the operations of the city and the water district in connection with the using of said tract, and the said water reservoir shall be exempt from the provisions of section 6-202. This designation is subject to the heretofore existing rights of the Campfire Girls' lease on a portion of the water reservoir site. Sec. 6-202. Regulations. The following regulations shall be applicable to the areas designated in section 6-201 and in all other areas designated by the city council as wildlife and bird sanctuaries, whether situated within the city limits or owned by the city, whether within the city limits or outside the city limits: (1) It is unlawful for any person to hunt, take, kill or possess or attempt to hunt, take or kill any bird or animal within the limits of any wildlife and bird sanctuary designated as such sanctuary by the city council at any time. (2) It is unlawful for any person to disturb any nest or eggs of any bird on any wildlife and bird sanctuary within the city. (3) It is unlawful for any person to take any firearms, slingshot, bow and arrow or any device whatever usable for the killing, trapping or taking of any bird or other wildlife on any wildlife or bird sanctuary within the city. (4) No clearing of grass, brush or trees will be permitted without permission from the city and the water district acting through the reservoir superintendent. Secs. 6-203-6-225. Reserved. ARTICLE Vlll. BEEKEEPING Sec. 6-226. Findings. The city council finds that honeybees are of benefit to mankind by providing agriculture, fruit and garden pollination services and by furnishing honey, wax, and other useful products; domestic strains of honeybees have been selectively bred for desirable traits, including gentleness, honey production and tendency not to swarm; and gentle strains of honeybees can usually be maintained within populated areas in reasonable densities without causing a nuisance if the bees are properly located and carefully managed. Page 40 of 44 Sec. 6-227. Definition. As used in this article, the following words and terms shall have the meanings ascribed in this section unless the context of their usage clearly indicates another meaning: Apiary means a place where one (1) or more bee colonies are kept. Bee means any stage of the common domestic honeybee, apis mellifera species. Colony means a hive and its equipment and appurtenances including bees, comb, honey, pollen and brood. Hive means a structure intended for the housing of a bee colony. Tract means a contiguous parcel of land under common ownership. Undeveloped property means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school, or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. Sec. 6-228. Certain conduct declared unlawful. (a) The purpose of this article is to establish certain requirements of sound beekeeping practices, which are intended to avoid problems that may otherwise be associated with the keeping of bees in populated areas, especially protection of persons from personal injury. (b) Notwithstanding compliance with the various requirements of this article it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others, or interfere with the normal use and enjoyment of any public property or property of others. Sec. 6-229. Hives. All bee colonies shall be kept in Langstroth type hives with removable frames, which shall be kept in sound and usable condition. Sec. 6-230. Fencing of flyways. In each instance in which any colony is situated within twenty-five (25) feet of a public or private property line of the tract upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and extends ten (10) feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least six (6) feet above ground level over the property lines in vicinity of the apiary. It is a defense to prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least twenty-five (25) feet from the property line of the apiary tract. Sec. 6-231. Water. Each beekeeper shall ensure that a convenient source of water is available at all times to the bees so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths, or other water sources where they may cause human, bird or domestic pet contact. Page 41 of 44 Sec. 6-232. General maintenance. Each beekeeper shall ensure that no bee comb or other materials that might attract bees to the location are left upon the grounds of the apiary site. Upon their removal from the hive all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure. Sec. 6-233. Queens. All hives shall be requeened annually when a quarantine or regulated area declared by the Texas Apiary Inspection Service is in effect. In addition, in any instance in which a colony exhibits unusually aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition towards swarming, it shall be the duty of the beekeeper to promptly requeen the colony. Queens shall be selected from stock bred for gentleness and nonswarming characteristics. Queens must be obtained from a nonquarantined area. Sec. 6-234. Colony densities. (a) It shall be unlawful to keep more than the following number of colonies on any tract within the city, based upon the size of configuration of the tract on which the apiary is situated: (1) One-quarter acre or less tract size—Two (2) colonies. (2) More than one-quarter acre but less than one-half acre tract size—Four (4) colonies. (3) More than one-half acre but less than one (1) acre tract size—Six (6) colonies. (4) One (1) acre or larger tract size—Eight (8) colonies. (5) Regardless of tract size, where all hives are situated at least two hundred (200) feet in any direction from all property lines of the tract on which the apiary is situated, there shall be no limit to the number of colonies. (6) Regardless of tract size, so long as all property, other than the tract upon which the hives are situated, that is within a radius of at least two hundred (200) feet from any hive remains undeveloped property there shall be no limit to the number of colonies. (b) For each two (2) colonies authorized under colony densities (subsection (a))there may be maintained upon the same tract one (1) nucleus colony in a hive structure not exceeding one (1) standard nine and five-eighths (9-5/8) inch depth ten-frame hive body with no supers attached as required from time to time for management of swarms. Each such nucleus colony shall be disposed of or combined with an authorized colony within thirty (30) days. Sec. 6-235. Marking hives, presumption of beekeeping. (a) In apiaries the name and telephone number of the beekeeper shall be branded, painted, or otherwise clearly marked upon the structure of at least two (2) hives and placed at opposite ends of the apiary. Instead of marking the hives, the beekeeper may conspicuously post a sign setting forth the name and telephone number of the beekeeper. It is a defense to prosecution under this subsection that a colony is kept upon the same tract upon which the owner resides. (b) Unless marked in accordance with subsection (a) it shall be presumed for purposes of this article that the beekeeper is the person or persons who own or otherwise have the present right of possession and control of the tract upon which a hive or hives are situated. The presumption may be rebutted by a written agreement authorizing another person to maintain the colony or colonies upon the tract setting forth the name, address, and telephone number of the other person who is acting as the beekeeper. Page 42 of 44 Sec. 6-236. Inspection. (a) The animal care services manager or designee shall have the right to inspect any apiary between the hours of 8:00 a.m. and 5:00 p.m. Presence of an apiary constitutes consent to the Animal Care Services ManagerdireEter or his/her designee to enter the premises. Where practicable, prior notice shall be given to the beekeeper if he resides at the apiary or if his name is marked on the hives. (b) The authority provided for in this article is only for the general protection of the public health and safety. Neither the city, nor any officer or employee charged with the enforcement of this article shall owe any duty to any person in carrying out any provision of this article, nor shall any of them be liable to any person for any act or omission in carrying out any provision of this article. Nothing herein shall waive any immunity from liability of the city or any of its officers or employees, or imply any duty or liability in any area of city operations. (Ord. No. 026046, § 1, 12-14-2004; Ord. No. 030405, § 27, 1-20-2015) Sec. 6-237. Compliance. (a) Upon receipt of information that any colony situated within the city is not being kept in compliance with this article, the animal care services manager shall cause an investigation to be conducted. If he/she finds that grounds exist to believe that one (1) or more violations have occurred he/she shall cause a written notice of hearing to be issued to the beekeeper. (b) The notice of hearing shall set forth: (1) The date, time and place at which the hearing will be conducted; (2) The violation(s) alleged; (3) That the beekeeper may appear in person or through counsel, and present evidence; and (4) That the bees may be ordered destroyed or removed from the city if after the hearing the animal care services manager finds that they have been kept in violation of this article. Notices shall be given by certified U.S. mail or personal delivery. However, if the animal care services manager is unable to locate the beekeeper, then the notice may be given by publication one (1) time in a newspaper of general circulation at least five (5) days prior to the date of the hearing. (c) The hearing shall be conducted by the animal care services manager or a hearing officer that he/she may designate. The burden shall be on the city to demonstrate by a preponderance of credible evidence that the colony or colonies have in fact been kept in violation of this article. If the hearing officer finds that the colony or colonies have been kept in violation of this article then he/she may order that the bees be destroyed or removed from the city, within a period not to exceed twenty (20) days, and that bees shall not thereafter be kept upon the tract for a period of two (2)years. In instances where the hearing officer finds that the violations were not intentional and that the beekeeper has employed corrective actions that will probably be effective to cure the violations alleged, then he/she may issue a warning in lieu of ordering the bees destroyed or removed. Upon failure of the beekeeper to comply with the order the animal care services manager may cause the bees to be destroyed and the hive structures to be removed. In each instance in which a bee colony is destroyed all usable components of the hive structure that are not damaged or rendered unhealthy by the destruction of the bees shall upon the beekeeper's request be returned to the beekeeper, provided that the beekeeper agrees to bear all transportation expenses for their return. (d) The decision of the hearing officer may be appealed by filing a notice of appeal with the city manager within ten (10) days following the date that the hearing officer announces his/her decision, or if the decision is not announced at the conclusion of the hearing, then within fifteen (15) days following the date that the hearing officer places written notice of his decision in the mail to the beekeeper. An appeal shall not stay the hearing officer's decision. The decision of the city manager shall be final. Page 43 of 44 (e) The provisions of this section shall not be construed to require the conduct of a hearing for the destruction of: (1) Any bee colony not residing in a hive structure intended for beekeeping; (2) Any swarm of bees; (3) Any colony residing in a standard or manmade hive, which by virtue of its condition, has obviously been abandoned by the beekeeper; or (4) Where immediately necessary to protect the public health or safety. Sec. 6-238. Conflicts with zoning ordinance. If there should be any conflict between this article and the city zoning ordinance, the zoning ordinance shall control. Page 44 of 44 * I CORPUS CHRISTI ANIMAL CARE4 � r - SERVICES �4 ,v CHAPTER 6 5 ORDINANCE REVISION r , ti�ar C"ORJS RISTI, TX What is our Goal at Animal Care Services? Live Release Rate Trend 100 90 80 60 Fiscal Year Dogs Cats Total % 50 FY 11 27.98% 8.52% 21.24% 40 30 FY 15 59.89% 54.14% 53.37% 20 10 FY 20 91.14% 78.99% 87.06% 0 2011 2012 2013 2014 2015 2016 2017 2018 2014 2020 Dog M Cat: Love Release Rate TTL The Live Release Rate reflects the number of animals leaving the shelter alive whether it be through adoption, return to owner, or rescue. This has become the focus of all animal shelters through out the nation. While we have consistently seen our live release rate climb, we believe these proposed ordinances will help us continue forward. 2 WHAT ARE THE IDENTIFIED ANIMAL RELATED ISSUES IN CORPUS CHRISTI? 4 0 X LARGE "STRAY" NEGLECT NUISANCES POPULATION 3 PROPOSED ORDINANCES FOCUSED ON OWNER RESPONSIBILITY ✓ 6-28 Microchip Required (Replacing City License in existing ordinance) • Allows us to more quickly identify the owner of an animal and is a one-time registration. • Increase animals being returned to their owners ✓ 6-29 Previous Owner Responsible for Updating Microchip (new ordinance) • Owner is responsible for updating chip information with microchip company and CCACS if animal is rehomed; must occur within 30 days of transfer ✓ 6-103 (f)(1) Mandatory Spay and Neuter Animals Free of Restraint within 30 days of First Offense (modification to existing ordinance) • Any animal found at large must be spayed/neutered within 30 days regardless of whether the animal is registered or not; also helps reduce stray population 4 RESOLVING NEGLECT Current Proposed ■ Permits: No enforceable action can be taken to stop ■ 6-51 - 6-58; Evacuation plan, medical records, guarantee of businesses from operating unethically or illegally good health for animals sold. Permit can be revoked if unless all animals in poor enough condition justify a animals are neglected, operating without permit results in cruelty warrant animals being deemed prohibited and will allow for seizure. ■ No definition forshelter, unenforceable a 'Shelter' defined: a structure that has three sides, a roof and ■ Abandonment:animals left behind in residences must a floor... reference 6-161 be removed by cruelty search and seizure warrant, 'Abandoned" defined: an animal left without care by even when cruelty charges will not be filed. Animals owner/keeper without making reasonable arrangements... must then be held for an extended period, sometimes 6-164 allows for impound of abandoned animal up to 60 days 'Reclaim' defined: retrieve or recover an animal from CCACS Tr Dumped animals: It is not illegal to leave an animal at after quarantine or impound... reference 6-162 an animal shelter, even if the animal is left unrestrained without notifying staff, or fail to reclaim an animal that was impounded 5 RESOLVING NUISANCES Current Proposed No repercussions for owners of bite dogs other pip Bite incidents added under definition of "public than quarantine fees, no ordinances to address nuisance" Citation can be issued for bite offense issue (officer discretion) ■ No resolution for Animal vs.Animal attack ■ Stricter Dangerous Dog (attack on a human) W1 current "vicious animal" ordinance is regulations... reference 6-32 unenforceable, no due process of law as M "Aggressive Dog" replacing"vicious dog"for Animal currently written vs. Animal attacks. Owner must comply with Feeding of animals (wildlife or domestic) creating restrictions to keep animal... reference 6-39 public nuisance unenforceable, no ordinances to Feeding of Animals creating public nuisance or address issue encouraging destruction of private or public property through feeding of animals. Citation can be issued for offense... reference 6-163 6 MODIFIED DEFINITIONS TO SUPPORT ORDINANCE CHANGES ➢Abandoned - shall mean an animal left ➢Keeper - means any person, firm, corporation, without care by the owner and or keeper without organization, or department holding, caring for, making reasonable arrangements for assumption of having an interest in, or having control or custody of custody by another person an animal • If the keeper of an animal is a minor, the parent ➢Impound - means any of the following; or guardian of that minor shall be responsible for • the placing of an animal in the city's animal compliance with animal care related ordinances care services facility • the taking of an animal Into custody for )�,MICroCIl., ip - means an identification chip implanted purposes of transporting the animal to the under the skin of an animal for the purpose of identifying its city's animal care services facility owner or keeper which has been registered with a microchip • an officer in pursuit of an animal, and in lieu of registration company with current ownership information to taking custody of the animal, elects to return include the current owner or keeper's name, address and the animal to Its owner with proper written telephone number, and the description of the animal • A microchip will act as a city license indefinitely and notices, warnings and admonishments will be required to register said animal with department MODIFIED DEFINITIONS TO SUPPORT ORDINANCE CHANGES...CONTINUED ➢Owner - means any person owning, keeping, or ➢Reclaim - means to retrieve or recover an harboring one (1) or more animals. animal from the city animal shelter after • An animal is deemed to be harbored if it is fed or quarantine or impound provided water. • An animal is deemed to be kept if it is fed or ➢Registration - means a privilege granted, provided water and sheltered or restrained except upon the authorization of the animal care upon compliance with the terms of this chapter, to services manager. lawfully own, keep, harbor, or have custody or • If the owner of an animal is a minor, the parent control of a dog or cat within the city. or guardian of that minor shall be responsible for A microchip will serve as a form of compliance with animal care related ordinances registration indefinitely and shall be identified as the legal owner of said animal. ➢Shelter - means a structure that has three sides, a roof, and a floor... reference 6-164 for ➢Public Nuisance (addition) - Bites, attacks additional requirements or injures a person 8 i A new perspective on animalwelfare; address the needs of our community, improve the quality of life for our animals, and promote a culture of compassion. so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing Ordinance for the City Council Meeting 03/16/21 1852 First Reading Ordinance for the City Council Meeting 04/27/21 Second Reading Ordinance for the City Council Meeting 05/11/21 DATE: April 2, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 7213 State Highway 361 CAPTION: Zoning Case No. 1020-02, Mustang Island, LLC.: (District 4) Ordinance rezoning property at or near 7213 State Highway 361 from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. SUMMARY: The purpose of the zoning request is to allow for the development a 90 guest room hotel having 4 stories and a total area of 64,160 square feet and allow for the construction of an RV Park north of the road entrance. The rezoning case was heard by City Council on March 16, 2020 and tabled to await a proposed Special Permit. The proposed Special Permit will limit density of the RV Resort to 18 pad sites per acre, set minimum standards for each pad site, set lighting standards, and set a stacking requirement to prevent congestion on State Highway 361. BACKGROUND AND FINDINGS: The subject property is 17.034 acres in size. The subject property is currently zoned "RM-AT" Multifamily AT District and consists of vacant property and has remained undeveloped since annexation in 2001. Approximately, five acres will be for the development of the overnight accommodation (hotel) use. The remining twelve acres will be for the development of the proposed recreational vehicle park. Plans have not yet been submitted for the project. Conformity to City Policy The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is planned for a Planned Development use. The proposed rezoning to the RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and is compatible with the Future Land Use map. The City encourages expanded and additional recreation vehicle areas to serve tourists. Rezoning of proposed resort commercial use east of State Highway 361 and in proximity to the gulf beach should be encouraged.This will be the only RV zoning district in the city portion outside of the state park between Park Road 22 and Port Aransas. Encouraging this zoning district will open up commercial, retail and other amenities that would stimulate tourism. The City encourages expanded and additional hotel areas to serve tourists. Rezoning of proposed resort commercial use east of State Highway 361 and in proximity to the gulf beach should be encouraged. Public Input Process Number of Notices Mailed 41 within 200-foot notification area 5 outside notification area As of October 14, 2020: I n Favor In Opposition 0 inside notification area 21 inside notification area 0 outside notification area 0 outside notification area Totaling 22.31% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District on October 14, 2020. ALTERNATIVES: 1. Denial of the change of zoning from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1020-02, Mustang Island, LLC. (District 4). Ordinance rezoning property at or near 7213 State Highway 361 from the "RM-AT" Multifamily AT District to the "CR-2" Resort Commercial District and the "RM- AT/SP" Multifamily AT District with a Special Permit WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Tract 1 : Being a 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031 , Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas as shown in Exhibit "A": from the "RM-AT" Multifamily AT District to the "CR-2" Resort Commercial District. Tract 2: Being a 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas as shown in Exhibit "B": from the "RM-AT" Multifamily AT District to the "RM-AT/SP" Multifamily AT District with a Special Permit The subject property is located at or near 7213 State Highway 361 . Exhibit A and B, which are the Metes and Bounds of the subject properties attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a "Recreational Vehicle Park" as defined by the Unified Development Code (UDC). The Recreational Vehicle Park shall adhere to the standards of Section 6.1 .2 of the UDC except as explicitly listed below. 2. Density: The maximum site density shall be 18 recreational vehicle sites ("Recreational Vehicle Sites") per acre (Maximum of 216 sites). 3. Recreational Vehicle (RV) Site Limitations: Only one recreational vehicle shall be permitted per RV Site. All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width. All RV Sites must be at least 30 feet wide. 4. Lighting: All security lighting shall be shielded with full cutoff fixtures to avoid intrusion into the neighboring properties, and any freestanding lights shall be at least 50 feet from any property line abutting a neighboring property. 5. Stacking: A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV's to avoid congestion on State Highway 361 . 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Page 2 of 8 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 8 Exhibit A *�-ri►Ir_OF TEXA,5 COUNTY OF NCECES TRACT f k XIIIBI.1•FOR REZONE Field notes of a•V_999 aem trod being a fa1rfi in Lit a-10.W acre+sect uir%Tyed A Ugust'.241 u b.,Hrimer Sur;-xL4iir:g-void 30.00 acre Irati-t as.described in a dc_d mcur led Ir F:1v :D I4W1 1)3I_B itecortN 0 "goers Counc+.Tnas.ar.J beina omof EheJ-W.W;Ilcrtwr-tiurw�n 5%.Abs'.racl=OS.Land 3rript 167, f vs—,nn�Island.Nucccs Coum4.Tcxas,Said 4.999: n:Irx l b iril.mare partictiilarly descrihed a=_follows,. COMMENCING ill a 51"rc4ar found in El:c sajdkasl riph1�,f tikjp m-1 ex;;;s 5r;ce Nrr-tit4ay -,61-far 111e v,Lgl 4nm,,r Q1'Lvt 3,Bieck 1-Snnr,se Shares.as sho-n,5m a Iia tccorc.cr iu V'1;;rrr'e-6,pap-32.Map Records cel'Nu--cL�['q,mnly.Texas T RENCE hath 111-southeasL righL of v%ai u('I e.a;uN 41a'e I l ighkvay 361. Nual;3G°''3.{,'J..'Fa,!.a distance<rf 175.3'1cr.1 In A ..re-har fotird k)711C�uLlheaSL rig-.'ft LYI ,%ay,J.7t Nm _`�iwc H;i"h+nas 361.kr the iv;rh c(imer.)1'1x;Y..r3,Bleck 1„Sunri5c SIX'^?'S,aj,A)O-Ci uii EI>K mdm r_cr7rlv+e rt in Vol Aske 67_iSg2 4 6-1."1;!oF RL:Lard%DI'tiuecex CrmInty,Teas.f+ir 1h;-CSE camtl s:f said sU.uu 2wre LTnct suri,ged this day bw-Brister Surveying,amd the west comer cis This sur%,ey.and for the POINT of BEGINWING- THENCE with themnmort lino ofr3rc saudlew riglrr ofu�y of 7exsa ticak-Ilighway 3{+l,said 30,44 acTc tract and this survey.North 30'1 T20"Eau,a diSMWC Of 309.15 feel 40 a P01A ill Ehe'.WU real Tigbi of way of Texas Sento Highwav 361.for the vat corner of Tract 2 surveyed this day,by D risEfr Smeyirtg and for the nrAlh rxwme:of this survey. THENCE with the emn on line of said Traci 2,and dLiS survev.SI)Ch.5ii='3'IX7 East,a disiamcc of 709.16 dent lo a point for an inside corder of Traci 2,and iheeam comer ui;his wurvey_ THEWE with the oxmmon line of said Trac)2_and this 5urvey,SoLmh 31`37`W Wesi,adistamce oY3r1 AM fest 1a a poem 6m the svuthwsst comer of TTTIct 2,in the noTthcast I ine of said Lot 2l4_and the aaurh comer orf diS Survey. THEKCE wUh the common Iit-,-of s id°..'+!'_A.BINA I. Shores and[his furvev.Mmih 5212YOI W-c5l.a dislance of 701.CQ r is C41 ~ E; f this tract,and-.-maim3i:tg 4.M acne of land,mars or Icss, Noses, 1.1&vsfings arc based on Globo' i '.. .. . .k D 63 593143'@5 Daium., 2.1.4 Map of equal dais accninvw: .:'.°.Me;vs.1,ic.3.1unds descripli im 3.1$et i1T're-bar u sleel ro ,: :-P-yel"plastic cap labeled RrisLer 5ur%-gying, 1,Romald 1=.Brister do hereby eeraify[hat This Exhibb for Rezome described herein 3%correrl eo the hese of mx, knowledg and belief. . 1'I - I :�; _L Ri7nald I.Rrl:4%Ie'T,RPLS NCi. IMIL: ��1�raFi y E dfi.'.>F 431 ~, J.6 No.WaLeibur4F 1 Page 5 of 8 EXEI IM TPOk kFps NTQF ACRE TR,%Cr,%I.-0 KNOWN.%.5'7K,% ,I.01EINGAPORTION OFA;1-14:ACRE SSR A L:.Q L:,M 7.2 11 I'l B Y 0 R I ST E--I k 5 U R V I-y ING.',-3 11) l��:Kl l.'R E I KA C D ESC R]B17 D IN A I I R F 11:k'I('f�I k 7L)E D IN r k:lll I:k F111.4Tj.luial:r.m [)�-Lqi AND BEIN(i OUT 07731E 13". AA'J`r-.kljk:Ky SURVEY.W.i4h.AIK�MAC9 4MLANDSCRIPT 1r7.MUST xS':KIANI).ljLja-Ia5'C()U-.%,ry,TE�XAS, 7213TIA I I IGHWAY361 SCALE I'- 150' FENCE 1. "IT FOLNL,y5.W-RFBAK PROPERl' Il ILUlY FT {ff LDT.,I"ffS: N QF-MRTA SUNRIiF"LAF% 'YE id7.15 tMEASI TPEL) pp t PIP rFNC.E 11.0 MSIDr PROPERTY UNE Al.)AAILK&Ll FI E—CTR W L I S Fr, by THE(rly OFPORT A 7 I-M 2A,KfA-K I =z 12.935 ACRE 5 5 URVE YED SUNRISE SHORES BY RP ISTER SURti FYLNG VOL 67,Pr—4bA rON AL!(jt!"'7-1)�q M R RCT m X=WERE FENCE (D Fuur4p No'RF.-RAR C)=PROPERTY CORNER Pill=PDWER PUCE TPED—Tr.LrPRONE PMESTAL Brister Surveying -I S..k tw 10.4 D., % W%7 P,)ml.wNc. iT-v. AUGUST 33,2M JOBNO.1911-12 Page 6 of 8 Exhibit B STATE OF TEXAS 0DUNTY OF N[JECES TRACT 2 EXHIBIT-FOR RE *+E Field notes of a 12.035 acre trace being a portion of a 30-04 acre irw sun+e5*d Aligdst 7,to 19 by FJrisler Survcying.said 30.00 acre tract as described in a deed reowded in File I-1o.20140+0031.Dkec C#eeeeds of K weees County'.Texas,and being wt of the J.W.Walcibury Stlruey Two,596.A'Dsl;awl 44&Land Scrips 167, h uwaig IsUrd,Numes County,Texas,Said 12.035 Acre tmt being more panic ular:4 c,s.fibcd as follows_ C1}Mh]IF.NCTNG aA a 51—m-bar 14nd in the gnulr,east right of way of Texas Sufic Highway 341,for the x+ekt camier M Lot 3,1131ock].Surm-ke 5h ,.a%Slx:wn ur:a awry rv,xir led in Vrrlurne 4S.]tgA K.Map llu,x t,l%v. Nuecra,ComEy.,Texas.THENCE,will_Lie xrubL, ,r rlgh!t,1 way al`s-axsc$talc 1?i�,llwAy 3�a1, \axhh.3t}"`..t'U9":;ai1.a�isL31lC+!od 1 F5.3"feet[o a r!il"re-har fnWld ie Lha>ra:sllhc�rxt ri�;l,l<sl'amy of Texas Mala]Li-'.%ay:16 1,sur the north.C6hher of LUL=.A.11 luck 1,Sunr-M ShnreS,a%%hown irn the marl recorded in Yolurnu ft7.I'a a 48.1.Mapli.Beards of h.'il�*ces Cowin.Texas.Far elle west.ocTner of snd YS.;Xl am tract,for I_le s%ess c50v9 ei of Traci L THENCE u iib ilic common 1 ilia of ilio sounhcasr right oi',sa},of Tri Stale Highway 361,said 30.00 ac n trac-.said Traci I.Nonh 30'I"20"Ful-a.d i5lance of 5 feet:r.the soyzheast right of win-of Teras S1ace H ighwav 361.in the mxthx i lirre of%aid 3i1-W arae lra;L,for 1he north comer ofsalid Trak[ I,ibrihe cast ci=er m thiw survay.and Jur*...POINT uf UEGU41V1riG. TI[ENCF wish the ti—nrn xrl line of the soufficast right ofwap of Texas State H.igbway 361,said 30.00 acre I rALL and Lh.i%surras.\.,:"i "I"I ''V'East,a distarwe of-141.'1,3 Fee-.to a poi ri in the sa�ltheasi right of way of titan 19u�,'.luai.:11 i.;ar:'ii','tiles[comer ofthe 20.00 acre.raci mdescriacd in adeed recorded in [7uCuu,enl Vic."_OIxU*U>Lt1.i.7ccrJ RecordsT*ueces County.Texas,ftrr the narah wmer�,l'saide 30.613 acre IraLL,and foe the laanh corner of this survey, THENCE worth the common I inc of said 20.00 acne maer,said 30.OLF acre irate and chi's saruev.Soeih -W23'(9'E15L a dis mw of 478.46 Net u1 a poii;ll in rhe southwest Uric ofssid 20.00 acre Lra,t.i n be northeast lint of said 30.00 acre tract-and for cl)c cast earner of this Survcy, TIIF.iVCE Snwh 31°37'U0"West adistancc of 3[8,50 Eger Net point loran inxide cnrrrer of dSis surrey. THENCE.SoLoh 15`4 V1.5"West.„,a,di%lanoe ad 1.1.6.:w feel to S pnioc far an outside oomer of this stirwey. THENCE South=I”?7'Ih� rUew1,,a cistance of 304.W feet to a-joint i.r the soutbweat I int ofsaid 3D,W ogre ;raGi,.i+t 1he nonhea%I I nx of sari:[,c-,2A,.for the somh comer of this sunsY. THENCE ME15 the common line of vfd L,ct-2A,said�u.00 acre[tact,and this survey,North 58"23'01'Wcst, e disrame of299.00 fee,to.�F oinl in the aurll:rixi Isla of said Lot 2A,for the south pornar of said Trace 3,in she sotnhwcsi Iirr of Said 3o.Lx sex Lracl.far[he southweAromer ofihis swrv'Cy. THENCT with rho ccmurtrom Iiix of said Traci 1 and this surety,North 31'31'00"Weir,a distance of 309,06 feet co a point Fere thr ease corner of said Tract 1.and foram Inside aafner of this story. THENCE wiih the common ling of said TnicL I arsd rlhis sumcy.North 58°23'M'',4eal,a distance of?0$.18 free in the POINT of BE.GINNI G of LK2 sewer and containing 1;,035 acre*ofi hard,mare or less. NoDe� ].}Bearings arc has l do Global PoMdoni^Ig System NAD 93(93)4205 Clacutn, 2.)A Map of equal date acroaipanirs.his Melc,and Buunds descri.pciorl, 3.)Ser 5:g"ua--tar=steel re-bar set with yellow Aiastic cap liabclO BrWer Surveyiop L,]?"aidE,Brisiea do hereby cealfy ihac chis Exhibia Fax Rid a described herein is corretl to the bell of my knowlcdgeartd Witf. -� - Ronald lt Brister,RLS Two ?407 Dam:J ant 22,2020, ��kTitlr rt ' _ L , l Job No.WALerbun_ Page 7 of 8 C:XkIIDIT MR R.UONE OF A 12.033.4CTRE TRALT 14NUN-'A5'1'RA(.'I'_.131:1 NU A PORTION pl°A.3UAG ACRE 7R0.CT SLIRVEYT6 AL"CIM 7,2)119 BY URRJ J'ER SOV.PC%G.44-LL7 201YJ ACRE'lRA4l`AS DkklUBtD IN.h DLEU kLCURUEU IN FILE NO. 2[J-44U'Ik.II.M+-1)HE,I.DR AS OF M:(-(4-1,VOU N i'1', 11,&%ti,ANI] 1X4'.WATEM3L RY SL1R V>Y.tiCa.w ari.AMTPLACT OA LAND SCRWT LBP,MI TAMC-1SL N r, I:FC�w i:S l;v r� 11 XAS 7213 TEXAS STATE HIGHWAY 361 z 120'RlfjHTOF WAY FE—I.I IAYlC7� FFNCF.U.1 LV$Ii1F F .? P1iVPL"MY LIM N3(l°17 AVE PP TPF-.) rIP -- __ P.41••_kS, 441.13' (MPAS) — SCALE L'=111 -- �x11.'vnss"Rr.1s•xn --- — �_ -- I-ENCGIaI�'sl_lL u'f FOR ST MRwl_k P PB Oti'EFJ7FAD PROPE'R•L5'LI C 1`.« .41".:.RI-OCRI ;yEWF,R IJ.,r. F!T-=[C LINES til'tiR1kL.si10RES ASHAMED VOL 4t.PCR.'S.C_T. @Y'rHcCITY OFFORih FW<,F.I.{'INy1W.. PPCIPERTY LI"wL ps TRACI1 m 4.59 ACRES it SLIRVF:YFL} ' BY BRISTER 5URvf:Y1N(1 TRACT? °$ _ ON AL:OUST`,2019 L?U35 ACRES C' iL7.76L S.F. o LOT 2A..BLOCK 1 SUNRISE SHORES vOL.r.".P'G.464 �F M,R.V L-:r 3t�.1X8 L�,k_.Asy w 20AI At HI s FF'kl I.: 'l'wl Tar:. nLENN%, 1... `. 31 Ph1 sl'I u 15 I".: '` _"O, \':1._.11_.1•..1•.1.1 w 1)R,„UT a u�! 531°33'�fl'W 15 Q1 310, U (MEAS) 3UJ:06' f►a1VA-9 ly�,o Ex —X4'4 12 F.FFA,"C£ f0UYL3 SIT RE-BAR CRENDER fjF �• "` 2A.e99 ACRE4 1306.dA S.E. 0=PROPERTY L-UNINoFA SUR%TYED A4:-r5Ub`r 7,2019 Pp—POWP.R POLE RV BUSTER SURYEYINO TPED=TE:LEf r#0FF.P1:L3FSTAL Brister Surveying ISI:+�I a.iY�Iz0. 'ty SFfi* 1176'.,1 aki♦,i. Wl K'ML .yi =iNl.i51.0."JY�t::'11,+a'.y yA<F.I:'•l`tl�:.,�'<f.::e I ~51.1ra til"'�°�Fy1C—:� ]a51-iitY'I:4t:L'{la. .. y �.,.,. .. .............r,._ wLl_L11^x 4i nil li?,aF_ma.1.17 N1.§11.Y, S'1jI' SUM L"7Im •' fJ I AUU15T11.2a217 ....._ JOB No.1911;: Il:,kf,..`1.:11a i.n i.l•L ..r:=. Page 8 of 8 Zoning Case No. 1020-02, Mustang Island, LLC. (District 4). Ordinance rezoning property at or near 7213 State Highway 361 from the "RM-AT" Multifamily AT District to the "CR-2" Resort Commercial District and the "RM- AT/SP" Multifamily AT District with a Special Permit WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Tract 1 : Being a 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031 , Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas as shown in Exhibit "A": from the "RM-AT" Multifamily AT District to the "CR-2" Resort Commercial District. Tract 2: Being a 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas as shown in Exhibit "B": from the "RM-AT" Multifamily AT District to the "RM-AT/SP" Multifamily AT District with a Special Permit The subject property is located at or near 7213 State Highway 361 . Exhibit A and B, which are the Metes and Bounds of the subject properties attached to and incorporated in this ordinance. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a "Recreational Vehicle Park" as defined by the Unified Development Code (UDC). The Recreational Vehicle Park shall adhere to the standards of Section 6.1 .2 of the UDC except as explicitly listed below. 2. Density: The maximum site density shall be 18 recreational vehicle sites ("Recreational Vehicle Sites") per acre (Maximum of 216 sites). 3. Recreational Vehicle (RV) Site Limitations: Only one recreational vehicle shall be permitted per RV Site. All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width. All RV Sites must be at least 30 feet wide. 4. Lighting: All security lighting shall be shielded with full cutoff fixtures to avoid intrusion into the neighboring properties, and any freestanding lights shall be at least 50 feet from any property line abutting a neighboring property. 5. Stacking: A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV's to avoid congestion on State Highway 361 . 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the Page 2 of 8 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 subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 3 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 4 of 8 Exhibit A *�-ri►Ir_OF TEXA,5 COUNTY OF NCECES TRACT f k XIIIBI.1•FOR REZONE Field notes of a•V_999 aem trod being a fa1rfi in Lit a-10.W acre+sect uir%Tyed A Ugust'.241 u b.,Hrimer Sur;-xL4iir:g-void 30.00 acre Irati-t as.described in a dc_d mcur led Ir F:1v :D I4W1 1)3I_B itecortN 0 "goers Counc+.Tnas.ar.J beina omof EheJ-W.W;Ilcrtwr-tiurw�n 5%.Abs'.racl=OS.Land 3rript 167, f vs—,nn�Island.Nucccs Coum4.Tcxas,Said 4.999: n:Irx l b iril.mare partictiilarly descrihed a=_follows,. COMMENCING ill a 51"rc4ar found in El:c sajdkasl riph1�,f tikjp m-1 ex;;;s 5r;ce Nrr-tit4ay -,61-far 111e v,Lgl 4nm,,r Q1'Lvt 3,Bieck 1-Snnr,se Shares.as sho-n,5m a Iia tccorc.cr iu V'1;;rrr'e-6,pap-32.Map Records cel'Nu--cL�['q,mnly.Texas T RENCE hath 111-southeasL righL of v%ai u('I e.a;uN 41a'e I l ighkvay 361. Nual;3G°''3.{,'J..'Fa,!.a distance<rf 175.3'1cr.1 In A ..re-har fotird k)711C�uLlheaSL rig-.'ft LYI ,%ay,J.7t Nm _`�iwc H;i"h+nas 361.kr the iv;rh c(imer.)1'1x;Y..r3,Bleck 1„Sunri5c SIX'^?'S,aj,A)O-Ci uii EI>K mdm r_cr7rlv+e rt in Vol Aske 67_iSg2 4 6-1."1;!oF RL:Lard%DI'tiuecex CrmInty,Teas.f+ir 1h;-CSE camtl s:f said sU.uu 2wre LTnct suri,ged this day bw-Brister Surveying,amd the west comer cis This sur%,ey.and for the POINT of BEGINWING- THENCE with themnmort lino ofr3rc saudlew riglrr ofu�y of 7exsa ticak-Ilighway 3{+l,said 30,44 acTc tract and this survey.North 30'1 T20"Eau,a diSMWC Of 309.15 feel 40 a P01A ill Ehe'.WU real Tigbi of way of Texas Sento Highwav 361.for the vat corner of Tract 2 surveyed this day,by D risEfr Smeyirtg and for the nrAlh rxwme:of this survey. THENCE with the emn on line of said Traci 2,and dLiS survev.SI)Ch.5ii='3'IX7 East,a disiamcc of 709.16 dent lo a point for an inside corder of Traci 2,and iheeam comer ui;his wurvey_ THEWE with the oxmmon line of said Trac)2_and this 5urvey,SoLmh 31`37`W Wesi,adistamce oY3r1 AM fest 1a a poem 6m the svuthwsst comer of TTTIct 2,in the noTthcast I ine of said Lot 2l4_and the aaurh comer orf diS Survey. THEKCE wUh the common Iit-,-of s id°..'+!'_A.BINA I. Shores and[his furvev.Mmih 5212YOI W-c5l.a dislance of 701.CQ r is C41 ~ E; f this tract,and-.-maim3i:tg 4.M acne of land,mars or Icss, Noses, 1.1&vsfings arc based on Globo' i '.. .. . .k D 63 593143'@5 Daium., 2.1.4 Map of equal dais accninvw: .:'.°.Me;vs.1,ic.3.1unds descripli im 3.1$et i1T're-bar u sleel ro ,: :-P-yel"plastic cap labeled RrisLer 5ur%-gying, 1,Romald 1=.Brister do hereby eeraify[hat This Exhibb for Rezome described herein 3%correrl eo the hese of mx, knowledg and belief. . 1'I - I :�; _L Ri7nald I.Rrl:4%Ie'T,RPLS NCi. IMIL: ��1�raFi y E dfi.'.>F 431 ~, J.6 No.WaLeibur4F 1 Page 5 of 8 EXEI IM TPOk kFps NTQF ACRE TR,%Cr,%I.-0 KNOWN.%.5'7K,% ,I.01EINGAPORTION OFA;1-14:ACRE SSR A L:.Q L:,M 7.2 11 I'l B Y 0 R I ST E--I k 5 U R V I-y ING.',-3 11) l��:Kl l.'R E I KA C D ESC R]B17 D IN A I I R F 11:k'I('f�I k 7L)E D IN r k:lll I:k F111.4Tj.luial:r.m [)�-Lqi AND BEIN(i OUT 07731E 13". AA'J`r-.kljk:Ky SURVEY.W.i4h.AIK�MAC9 4MLANDSCRIPT 1r7.MUST xS':KIANI).ljLja-Ia5'C()U-.%,ry,TE�XAS, 7213TIA I I IGHWAY361 SCALE I'- 150' FENCE 1. "IT FOLNL,y5.W-RFBAK PROPERl' Il ILUlY FT {ff LDT.,I"ffS: N QF-MRTA SUNRIiF"LAF% 'YE id7.15 tMEASI TPEL) pp t PIP rFNC.E 11.0 MSIDr PROPERTY UNE Al.)AAILK&Ll FI E—CTR W L I S Fr, by THE(rly OFPORT A 7 I-M 2A,KfA-K I =z 12.935 ACRE 5 5 URVE YED SUNRISE SHORES BY RP ISTER SURti FYLNG VOL 67,Pr—4bA rON AL!(jt!"'7-1)�q M R RCT m X=WERE FENCE (D Fuur4p No'RF.-RAR C)=PROPERTY CORNER Pill=PDWER PUCE TPED—Tr.LrPRONE PMESTAL Brister Surveying -I S..k tw 10.4 D., % W%7 P,)ml.wNc. iT-v. AUGUST 33,2M JOBNO.1911-12 Page 6 of 8 Exhibit B STATE OF TEXAS 0DUNTY OF N[JECES TRACT 2 EXHIBIT-FOR RE *+E Field notes of a 12.035 acre trace being a portion of a 30-04 acre irw sun+e5*d Aligdst 7,to 19 by FJrisler Survcying.said 30.00 acre tract as described in a deed reowded in File I-1o.20140+0031.Dkec C#eeeeds of K weees County'.Texas,and being wt of the J.W.Walcibury Stlruey Two,596.A'Dsl;awl 44&Land Scrips 167, h uwaig IsUrd,Numes County,Texas,Said 12.035 Acre tmt being more panic ular:4 c,s.fibcd as follows_ C1}Mh]IF.NCTNG aA a 51—m-bar 14nd in the gnulr,east right of way of Texas Sufic Highway 341,for the x+ekt camier M Lot 3,1131ock].Surm-ke 5h ,.a%Slx:wn ur:a awry rv,xir led in Vrrlurne 4S.]tgA K.Map llu,x t,l%v. Nuecra,ComEy.,Texas.THENCE,will_Lie xrubL, ,r rlgh!t,1 way al`s-axsc$talc 1?i�,llwAy 3�a1, \axhh.3t}"`..t'U9":;ai1.a�isL31lC+!od 1 F5.3"feet[o a r!il"re-har fnWld ie Lha>ra:sllhc�rxt ri�;l,l<sl'amy of Texas Mala]Li-'.%ay:16 1,sur the north.C6hher of LUL=.A.11 luck 1,Sunr-M ShnreS,a%%hown irn the marl recorded in Yolurnu ft7.I'a a 48.1.Mapli.Beards of h.'il�*ces Cowin.Texas.Far elle west.ocTner of snd YS.;Xl am tract,for I_le s%ess c50v9 ei of Traci L THENCE u iib ilic common 1 ilia of ilio sounhcasr right oi',sa},of Tri Stale Highway 361,said 30.00 ac n trac-.said Traci I.Nonh 30'I"20"Ful-a.d i5lance of 5 feet:r.the soyzheast right of win-of Teras S1ace H ighwav 361.in the mxthx i lirre of%aid 3i1-W arae lra;L,for 1he north comer ofsalid Trak[ I,ibrihe cast ci=er m thiw survay.and Jur*...POINT uf UEGU41V1riG. TI[ENCF wish the ti—nrn xrl line of the soufficast right ofwap of Texas State H.igbway 361,said 30.00 acre I rALL and Lh.i%surras.\.,:"i "I"I ''V'East,a distarwe of-141.'1,3 Fee-.to a poi ri in the sa�ltheasi right of way of titan 19u�,'.luai.:11 i.;ar:'ii','tiles[comer ofthe 20.00 acre.raci mdescriacd in adeed recorded in [7uCuu,enl Vic."_OIxU*U>Lt1.i.7ccrJ RecordsT*ueces County.Texas,ftrr the narah wmer�,l'saide 30.613 acre IraLL,and foe the laanh corner of this survey, THENCE worth the common I inc of said 20.00 acne maer,said 30.OLF acre irate and chi's saruev.Soeih -W23'(9'E15L a dis mw of 478.46 Net u1 a poii;ll in rhe southwest Uric ofssid 20.00 acre Lra,t.i n be northeast lint of said 30.00 acre tract-and for cl)c cast earner of this Survcy, TIIF.iVCE Snwh 31°37'U0"West adistancc of 3[8,50 Eger Net point loran inxide cnrrrer of dSis surrey. THENCE.SoLoh 15`4 V1.5"West.„,a,di%lanoe ad 1.1.6.:w feel to S pnioc far an outside oomer of this stirwey. THENCE South=I”?7'Ih� rUew1,,a cistance of 304.W feet to a-joint i.r the soutbweat I int ofsaid 3D,W ogre ;raGi,.i+t 1he nonhea%I I nx of sari:[,c-,2A,.for the somh comer of this sunsY. THENCE ME15 the common line of vfd L,ct-2A,said�u.00 acre[tact,and this survey,North 58"23'01'Wcst, e disrame of299.00 fee,to.�F oinl in the aurll:rixi Isla of said Lot 2A,for the south pornar of said Trace 3,in she sotnhwcsi Iirr of Said 3o.Lx sex Lracl.far[he southweAromer ofihis swrv'Cy. THENCT with rho ccmurtrom Iiix of said Traci 1 and this surety,North 31'31'00"Weir,a distance of 309,06 feet co a point Fere thr ease corner of said Tract 1.and foram Inside aafner of this story. THENCE wiih the common ling of said TnicL I arsd rlhis sumcy.North 58°23'M'',4eal,a distance of?0$.18 free in the POINT of BE.GINNI G of LK2 sewer and containing 1;,035 acre*ofi hard,mare or less. NoDe� ].}Bearings arc has l do Global PoMdoni^Ig System NAD 93(93)4205 Clacutn, 2.)A Map of equal date acroaipanirs.his Melc,and Buunds descri.pciorl, 3.)Ser 5:g"ua--tar=steel re-bar set with yellow Aiastic cap liabclO BrWer Surveyiop L,]?"aidE,Brisiea do hereby cealfy ihac chis Exhibia Fax Rid a described herein is corretl to the bell of my knowlcdgeartd Witf. -� - Ronald lt Brister,RLS Two ?407 Dam:J ant 22,2020, ��kTitlr rt ' _ L , l Job No.WALerbun_ Page 7 of 8 C:XkIIDIT MR R.UONE OF A 12.033.4CTRE TRALT 14NUN-'A5'1'RA(.'I'_.131:1 NU A PORTION pl°A.3UAG ACRE 7R0.CT SLIRVEYT6 AL"CIM 7,2)119 BY URRJ J'ER SOV.PC%G.44-LL7 201YJ ACRE'lRA4l`AS DkklUBtD IN.h DLEU kLCURUEU IN FILE NO. 2[J-44U'Ik.II.M+-1)HE,I.DR AS OF M:(-(4-1,VOU N i'1', 11,&%ti,ANI] 1X4'.WATEM3L RY SL1R V>Y.tiCa.w ari.AMTPLACT OA LAND SCRWT LBP,MI TAMC-1SL N r, I:FC�w i:S l;v r� 11 XAS 7213 TEXAS STATE HIGHWAY 361 z 120'RlfjHTOF WAY FE—I.I IAYlC7� FFNCF.U.1 LV$Ii1F F .? P1iVPL"MY LIM N3(l°17 AVE PP TPF-.) rIP -- __ P.41••_kS, 441.13' (MPAS) — SCALE L'=111 -- �x11.'vnss"Rr.1s•xn --- — �_ -- I-ENCGIaI�'sl_lL u'f FOR ST MRwl_k P PB Oti'EFJ7FAD PROPE'R•L5'LI C 1`.« .41".:.RI-OCRI ;yEWF,R IJ.,r. F!T-=[C LINES til'tiR1kL.si10RES ASHAMED VOL 4t.PCR.'S.C_T. @Y'rHcCITY OFFORih FW<,F.I.{'INy1W.. PPCIPERTY LI"wL ps TRACI1 m 4.59 ACRES it SLIRVF:YFL} ' BY BRISTER 5URvf:Y1N(1 TRACT? °$ _ ON AL:OUST`,2019 L?U35 ACRES C' iL7.76L S.F. o LOT 2A..BLOCK 1 SUNRISE SHORES vOL.r.".P'G.464 �F M,R.V L-:r 3t�.1X8 L�,k_.Asy w 20AI At HI s FF'kl I.: 'l'wl Tar:. nLENN%, 1... `. 31 Ph1 sl'I u 15 I".: '` _"O, \':1._.11_.1•..1•.1.1 w 1)R,„UT a u�! 531°33'�fl'W 15 Q1 310, U (MEAS) 3UJ:06' f►a1VA-9 ly�,o Ex —X4'4 12 F.FFA,"C£ f0UYL3 SIT RE-BAR CRENDER fjF �• "` 2A.e99 ACRE4 1306.dA S.E. 0=PROPERTY L-UNINoFA SUR%TYED A4:-r5Ub`r 7,2019 Pp—POWP.R POLE RV BUSTER SURYEYINO TPED=TE:LEf r#0FF.P1:L3FSTAL Brister Surveying ISI:+�I a.iY�Iz0. 'ty SFfi* 1176'.,1 aki♦,i. Wl K'ML .yi =iNl.i51.0."JY�t::'11,+a'.y yA<F.I:'•l`tl�:.,�'<f.::e I ~51.1ra til"'�°�Fy1C—:� ]a51-iitY'I:4t:L'{la. .. y �.,.,. .. .............r,._ wLl_L11^x 4i nil li?,aF_ma.1.17 N1.§11.Y, S'1jI' SUM L"7Im •' fJ I AUU15T11.2a217 ....._ JOB No.1911;: Il:,kf,..`1.:11a i.n i.l•L ..r:=. Page 8 of 8 SUB. fC7� PRt]PfR�FY k, Da[ePnep d�R n[>bf De•retvpm�t r4rees CASE 1020-02 Aerial with Subject Property SukeGf SUBJECT PYDperty PROPERTY Corpus C frrisd Bay 1 Map Scale: 1:3,600 '�� City of LOCATION ASAP �ti PLANNING COMMISSION FINAL REPORT Case No. 1020-02 INFOR No. 20ZN1023 PlanninC Commission Hearin Date: October 14, 2020 Owner: Mustang Island, LLC. Applicant: John Pietrobon Location Address: 7213 State Highway 361 Legal Description: Being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031 , Deed Records of Nueces ° County, Texas, and being out of the J. W. Waterbury Survey No. 596, Abstract •� 408, Land Script 167, Mustang Island, Nueces county, Texas and 12.035 acre N tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister — °' Surveying, said 30.00 acre tract as described in a deed recorded in File No. Q2014040031 , Deed Records of Nueces County, Texas and being out of the J. m W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas 12.035 acre tract being a portion of a 30.00 acre tract 06 surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031 , Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361 , south of Beach View Drive, and north of La Concha Boulevard. From: "RM-AT" Multifamily AT To: "RV" Recreational Vehicle Park and "CR-2" Resort Commercial Area: 17.034 total acres io Purpose of Request: To develop a 90 guest room hotel having 4 stories and a total area of 64,160 square feet and allow for the construction of an RV Park north of the road entrance. Existing Zoning District Existing Future Land Use Land Use Site "RM-AT" Multifamily AT Vacant Planned Development Planned North° North "RM-AT" Multifamily AT Vacant •E ? Development 0 N "RM-AT" Multifamily AT Vacant and Low Planned JSouth PUD Density Residential Development Planned w East "RM-AT" Multifamily AT Vacant Development West "FR" Farm Rural Vacant Planned Development Staff Report Page 2 Area Development Plan: The subject property is located within the boundaries 06 of the Mustang-Padre Island Area Development Plan and is planned for a 0- Planned Development use. The proposed rezoning to the "RV" Recreational M ° Vehicle Park and "CR-2" Resort Commercial is consistent with the adopted a o Comprehensive Plan (Plan CC)and is consistent with the Future Land Use map. 05 Map No.: 022037 City Council District: 4 Zoning Violations: None 0 Transportation and Circulation: The subject property has approximately 700 i 0 feet of street frontage along State Highway 361 which is designated as a "RA3" a N Primary Rural Arterial Divided. ca L Urban Proposed Existing Traffic Street Transportation Section Section Volume � Plan Type ' "RA3" Primary 25,305 C State 250' ROW 120' ROW Highway 361 Rural Arterial 76' paved 45' paved ADT Divided 2015 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District to allow for a 90 guest room hotel having 4 stories and a total area of 64,160 square feet and allow for the construction of an RV Park north of the road entrance. Development Plan: The subject property is a total of 17.034 acres in size. The proposed use is a 90 guest room hotel having 4 stories and a total area of 64,160 square feet with approximately 136 parking spaces and an RV Park to the north of the road entrance. Existing Land Uses & Zoning: The subject property is currently zoned "RM-AT" Multifamily AT and consists of vacant property and has remained undeveloped since annexation in 2001. To the north is a vacant property zoned "RM-AT" Multifamily AT. To the south are vacant properties zoned "RM-AT" Multifamily AT with one single family home. To the west across State Highway 361 is a vacant property zoned "FR" Farm Rural. To the east is a vacant properties zoned "RM-AT" Multifamily AT. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch ACP line located along State Highway 361 Wastewater: None Staff Report Page 3 Gas: None Storm Water: None Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang-Padre Island Area Development Plan and is planned for a Planned Development use. The proposed rezoning to the "RV" Recreational Vehicle Park and "CR-2" Resort Commercial is consistent with the adopted Comprehensive Plan (Plan CC) and is consistent with the Future Land Use map. The following policies should be considered: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, does not have a negative impact upon the adjacent properties, and is compatible with the Future Land Use map. • The City encourages expanded and additional recreation vehicle areas to serve tourists. Rezoning of proposed resort commercial use east of State Highway 361 and in proximity to the gulf beach should be encouraged. This will be the only RV zoning district in the city portion outside of the state park between Park Road 22 and Port Aransas. Encouraging this zoning district will open up commercial, retail and other amenities that would stimulate tourism. The City encourages expanded and additional hotel areas to serve tourists. Rezoning of proposed resort commercial use east of State Highway 361 and in proximity to the gulf beach should be encouraged. Planning Commission and Staff Recommendation (October 14, 2020): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. Number of Notices Mailed —41 within 200-foot notification area 5 outside notification area 0 As of October 14, 2020: In Favor — 0 inside notification area o — 0 outside notification area Z In Opposition — 21 inside notification area — 0 outside notification area a Totaling 22.31% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 4 4i �FR 5 3i 8 SUBJECT OPER 22 • 39 33 4U 361'28 x•35/ . 14 9117. — 98� f5 8L61 10"3 "38� 37.x6 2 �! 23 41 25.7 32 3 �1 6 RM-AT 38 RM-A T nae crewed:s,�;a2zo 0 25 Pleased 6y:RepR �f nepartn n tofnevelopmen t$ervfce¢ CASE: 7424-42 � J ZONING & NOTICE AREA RM-1 Multifamily) IL LightlndustrLal RM-2 Multifam ily2 IH Heary In dustrul SUBJECT RM-3 ..1tifam ily3 PUD Plan ned Unit Der.Overlay PROPER ON Professional Office RS 10 Single-Family 10 RM-AT Multifam ily AT RS-6 Si ng CN-1 Nei ghharhootl Commerc tai RS-4.5 Single-Family4.5 GN-2 NeighhorhaadC anm ercel RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 CR-2 Resort Cammema'l RE Res i dent u l Estate CGI Ce—a Canmereial Carpus Christi Bay C1-2C�neral Commercial SP H Tarwihfuse CI kdensive f:omm m'l SP Special Permit CBO Downtown C—nn—ul RV Recreational Vehid e Park CR-3 ResorLC—rnemlal RMH Manufactured Hom.me FR Fann Rural HHistoric Overlay 3P 13osinesa Park w. 1' sdh a pati, wu, O oO— ~�~ zoo•e�rr, ��f.—b, CC p- A a a Xan cocarrvff neap Christi Staff Report Page 5 w)w Pro ro:s a 6)rW 3 w*A a I n c. 4501&Atw Rmd C%T HANSON HCcrpus CW&Lk V 72411 (361 814-99M Far.4361)814-4401 vmm.har"or,hc.wfn November 2, 2020 'Atv , ,f Cc,rp..:i Ch rist i D t _ V rn Unt P,'.Lr,: Andre,.v Ukim!� ",%i :-:,.iT-;jil andr[!wd2@cctexas.c11mj CQFIAIl Ui'ist._ kxjs Re: Gass, .1020-02! Re2oninr Request by Mustang Island, LLC Adjiicent property Owner Concerns Mr. Dimas, On behaJ of Goeta and Sun Reddy,the ownoi- n-t�w -icow. ro the referenced zoning request, and as a m I.,--o,:11'.7.1 of t'-f I- C.i- n7h 01' Ik"C: 7--1 1-:�1 ig hout the area, I am relaying their notice of opposition to the! above-referenced 7:)n n �:!e request and our reasons far opposition, First and forerric-,,L. I-e Reddys feel th.1- te reqUE!5["�: V'reIrly the valine of the R I?c:Ll (A r I l G,I I e f I I t2 ;;11 L:0 I i I _-p-_-iL:, I:. iud -ri :.irreril zoning whlen tl,i:•! 1.11-1riJi,:wd pi::i,iurn real estate -III.: :1! II :-Y1I 1 r I h 7 il V :i,1;i amenities ori It, lb So long as V.I: ,ol'il 1j, ,-;:4•. .:- , j�-ii --I I: -r I ,:.-irl ht, m--,i(-I I -i:, pr(,i it irI�ri ritos in thf) ,.i•-ir-. -I-i-- ri-I i-. :-iiiw i:- I ., ;; oit,mi. -.1i, P: ndv-, vi.JJ riot li:iv: tri,Iflt, 1-- % .i!.i ifil I- I 1 1,. '1- if I. f-.I <Idjim:ell; ;Illovlcd '�! RV : 1'+ -,4Jt-lo..1 :A-rv: )I, I: 1-i! 'i-: I -IL. : k.-�- " 1' ..III .I: a s it is pres r,:A c!(1, i-,-.,-(,r.j 1111f:!i-'10 -.1 W III',:. J'l;l k.L t 1!1,L I(,.4%, i. There Are C&'cT seco ndmi- i-e;v;rm, fcrsl.Ir- r,)1 111 t6 the z7,n �,r h m If-. 1};-i,;-- (-.I- plod(.: c0rve r4atio I I Ij F!Iweeri ITIe :1r,Li VC I Y u ii in that -x ccs -c:?:Akja1 o I .:;JI ul I],I Li r,w-Jri.:!�, 1,1,%1 `. or other i -v mii I L-::I I Dr jvidec rE r..ir d the proproI Use d `RV` IRV tori: Di�-.r icL'., o-,d -:'f;-2" (ResorL Ccrlrl'lli--r,ia I I i,..r iL l='.. lb'hilc- G urid-_bLand Lha' LI,is 's 'ow y a -,Oni i)i� chanEe ar d •J-,- Wt require coI- it p;,{sinr, a-)<: :)Ianrl evel do'c'.Ierts, it is, diff culir no t ,.rj fif.,pri5e a zcnin:: r I I'll 1, :lV dal-tr il.L. 4:'I III Ir I':_1,:! :jwpu-i Lv cxi M,*1ang IslaIIkV_ 1 Lr�t I-1'1 11 1 C .7 I.I 11 11 v,,k, %1 r tj r I I c j.qjo--.k! -Ilk ri'4f:: ..I-'.I ly "':11b,"I :11. 1 Ill. hl I I': k:I il'; -1 it cal-Ldilc'f; III rin5 or app ly f a r a PL-I 11 iw;j lj Ill I IJ c!Vl' .111, 11-1 r IJ i, I ii h, t:ncd the owner":. -k-qtIf.-!7.t.Th(-.n and only then would the City ' k-.. - I x ii I I xopoiLv owners have eno. ji iiit iiiwu,;iiabeuit what the owner is pl.i, I i:- i;: -:clto ii—ke admi,. ,,,ii whetherto s.1I}I:f oppose those plans. Further, hawil or this(4,velrip!'s pattern of(wid!i(,t of proceeding without authorization from Ida I, irdiffiriihnot tooppose a zonirip change to an RV district. It wthc.miso,uction ref adriveway on5l11361 without S t1i o'it n i,..:r,')T perm T and wny !iiniv I,f i IfA ju ri rdktic-,.-I vLcF,.tI,1 nd5 ithou a U ACE permit- TBPEFJRM NO. F-M TOPLS No. F-100?9S-00 Staff Report Page 6 Hanan PFdesi_'r1913" b kic. 4ffl f,q%o�nllr,..:aI11od aer„n CllhaHANSO C11( 8 GNB11.TT 7&lit (361) 149DI4 Fax:1351)61*44 I wm%'Fe.m&oi-ln[.[nn4 of-.,w I,:ck of nvrraII planning and tl•rr pattern of con OLICt..we rL^spe(l,fkII l rc'gclest th;it an' 1 10-'L,icl:'r :Jik:1) 11f 111 ri ;II1k .1 111 concl I c1lwd on the rvcl.Ifl11" l: 't if c:vi+i•,irhi .0=s.lkrare t11aL an'y & Vi 'i1I11111''llt 4;1CI':'I. '• :1 11illIICl4illt'. "f'.;'.L11 1k1CJ115. 6111 : lupi '• illf' 1'1l7?-r.° 'I� rmklr'rll 1-if IIt- t-Ic},iIri'IIt (:[?I'1'>°:te: 11 I t I I 1lle C t"?:" k'xllt:c 1.1:1:1;1%. :: '2111'1. III. I'.irIF0 FII'1IIPr, %!fe respt:c toll!--, r: cl,.I::,t t":1. 1"1 k' .Ic::c l..{::So be re"Ju Ik4d l;: 5u11111i: (1(-'A kq 11 -In 1-f111f proposed projj:ic? ;;nd l,`of c;l ;-oivpIid11(L' .J' 1110`,�l}i ll` lruilh ill i11r1 c. ha -' -'OpllAtinns prlortc.the approval of the request. We do believe Lliat a properfyplonned RVprrrkcould unu'n!ibrrrfly hc:: r mn�or•ns:etto Muse -i; sl%iiid, zs green at f'ic'•aer and :0' 5, atl:.r; R'4 :,c-i"7: 1:%"'7 nr:'1 [..I ..il`1t:%-:L the appropriate assxances t:lat t1,: ;)r^1-:1�r.d 11,V park c-il 1 . :1 -%.:,]I ;:k-:'w:;!, ,fk:Velopn'L-1• "vU 11t::1 111,1 J11%i11,f• 0117, til t.k51':.'Lldc 111,11 ,11: .'k ..':1 J .I.k: I k kik:... l erl =vl Il ;07anige 'vv•"l �1 :ft= r{`;' Ilk:r.r: ,l.,:: 111::v<1 t,k c,f tIic: ;a.k':'cl.�':, and otIIer propUi L :.., w k v :1. _, ..,I,... .'.1." tfltr4'i0 bltti:11LJtYli`,I+i` 4111j}o4c' illy 7oiIii':, :i ige request as it i:. l: ll'1'1l r11: I?k•cI11 ave asked that 1 °l: :i r ILI'L1re ccrre�,;y.111r k I :; I t.;:`ciill., I I %1'I-;1-r so iIl<it I c.i111 ::-c h thf`"T1 :ivmre of r; '.16LI' I : :'1 13° c}r i1r,,i iii- [:r:r::`rr'iiIr. lI i,- o;-I.I: so, please provide arr4• iiiIoirl>rtir: I : i' I r: Ir "':i.. •La n ;I-,I, r,, i n r.I~~'rr:'r :In -.:i-hltlli•; request, Sho4lld Vuu 1mvt l ..° I :.I1;, pleat e� do not hesitate,o cnnta,.t me_ Sincerely, Craig B,Thvrnpso , .E, Project Engineer Cc; Sunil Reddy(via e-mail) Councilman Greg Smith (District 4) FSPE FORM U0, F-3S5 rSPLS Na. F 1 UQJ51Y" UU SI LISTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUN LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL NOV 3 0 PUBLIC HEARING NOTICE Z(J (� Rezoning Case No. 1020-02 Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a CITY `RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Comm I District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas, and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/ or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of anv public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. =7 NAM E:; ,; �l i PI ase Print ADDRESS: //�o � /��� 5 ?, (�i�l ( ,l PHONE NO. - (7� 0 5 J ay�(� c� ( ) IN FAVOR IN OPPOSITION REASONS:��'11P�;LUz'� r� � 1�P1flo-" Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 12 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTAE RE UIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA A DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. CITY COUNCIL NOV 3 0 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY=R ARY'SpF Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a change o zon RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the"RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testirnony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of anv public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NAME: �/J moi�: - ,n Pleas r/intt / -��, / ADDRESS: �1, ' C r�!��I C// - Aw7vcll) PHONE NO. ( ) IN FAVOR Y) IN OPPOSITION Runr' U EASONS: 0/1;` �� A Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 13 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE INTENTAN ATENDER ESTA JUNWAsAL=QLLE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AV/SO 48 HORAS ANTES DE LA JqNbf DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. LJ CITY COUNCIL 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY$EC RETARY'S OFF, Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a change of zonln a "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAM E: iF r' L/ c_ Pleas Print / / ' ADDRESS:-Z 1 , �,�(�7. PHONE NO., %fJ JC7 � ( ) IN FAVOR K IN OPPOSITION REASONS: h 4-h6 Park Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 14 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SUN L€S ES l IMITAC'G,ALGU,!FN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MA5 1KNIFOR nACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERC?( 01) r�Q yn"� rr.TM SISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUN REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA JY INA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL 3 Q 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SECRETARY'S Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a change o z e "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the"RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required pvh_lic testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: 0_,/' PI, ase Print ADDRESS: 'i`' �,� � � ,�I PHONE NO.,��� �-S ( ) IN FAVOR IN OPPOSITION REASONS:!lJ t"C -01r"'4,4, Signature SEE MAP ON REVERSE SIDE 0 INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 15 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA OFICINA DEL SECRETARO DE LA CIUDAD AL NUMERO(361)826-3105. CITY COUNCIL =the PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 Mustang Island, LLC. has petitioned the City of Corpus Christi to consid "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the"RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: � !G Ple e Prin ADDRESS: /0/2 CMCJ� � - Cl? l PHONE NO. ( ) IN FAVOR IN OPPOSITION REASONS:��, 14C16) Ap j77r / O � Signature SEE MAP ON REVS SE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 16 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DL, SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUN INA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. CITY COUNCIL PUBLIC HEARING NOTICERezoning Case No. 1020-02 LLNOV ,3o Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a �CE `RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and CR-2Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing_ for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NAME o, �-x PI ase Print ADDRESS: / j�d ( /t (� PHONE NO. ( ) IN FAVOR k/) IN OPPOSITION REASONS:- I4 �Gl(/�'� c> (.C'UG'/D�`✓�Q%�-� Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID 19 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES. QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA LLAMANDO A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. JR CITY COUNCIL PUBLIC HEARING NOTICE NOV 3 Q 2020 Rezoning Case No. 1020-02 Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a c ` RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and " - District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167, Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the"RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NAME: `1�`'� 12 V Z, Please rint _ ADDRESS:/0 PHONE NO. 3!;�al -2 ( ) IN FAVOR (X) IN OPPOSITION REASONS: _*14111 f -- Signa ure SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 23 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON WCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA VICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUN INA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL ` 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SEC T ySDrfCg Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from t e "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167, Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearinq for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAM E��: Pease Print ADDRESS: >� �,1�� �i �� PHONE NO. i� ( ) IN FAVOR IN OPPOSITION REASONS: d) j� ✓..�-6� Signatuy SEE MAP ON REVERSE SIDE INFOR No. 20ZN1023 Case No. 1020-02 Property Owner ID: 25 Project Manager: Andrew Dimas SI LISTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA N SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNT A DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SECRETARY'S OFFICE Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from M-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the"RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: F_ Plea e Print ADDRESS: ' 1 C X") J(,� ' C-�� PHONE NO. ( ) IN FAVOR (K) IN OPPOSITION REASONS: to A_ i-/Ip S gnature SEE MAP ON REVERSE SIDE INFOR No. 20ZN1023 Case No. 1020-02 Property Owner ID: 26 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE INTENTAN ATENDER ESTCU A JUNT QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA UE DEN A V/SO 48 HORAS ANTES DE LA JU INA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105 CITY COUNCIL O� ,3 U 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SECREfARY�S Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a c ange "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas, and being out of the J.W.Waterbury Survey No. 596,Abstract 408,Land Script 167, Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.l4faterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any Public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: Ple se Print ADDRESS: / C PHONE ( ) IN FAVOR (,0 IN OPPOSITION REASONS: % ' 14 voc-0 Signature SEE MAP ON REVERSE SIDE INFOR No. 20ZN1023 Case No. 1020-02 Property Owner ID: 27 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA JU INA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL _ 0 ZQ�O PUBLIC HEARING NOTICE ` Rezoning Case No. 1020-02 CITY SSC k�!' Mustang Island, LLC. has petitioned the City of Corpus Christi to consider G "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: Plea a Print L ,7 ADDRESS: (2S7 ,�� PHONE NO. A-- ( ) IN FAVOR ) IN OPPOSITION REASONS// d,eL "e�������� ( �-' Signature 0 SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 28 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUN E REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA J1 LRPMI JgrM16NA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL NUV 3 0 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SECRETARY'S OFFICE Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a c ange o zoning a "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME-, L PI se 06int y ADDRESS:dC? ��27 �/ - �. �� PHONE NO.� �� ( ) IN FAVOR X) IN OPPOSITION REASONS o-- Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 33 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA Y U SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA L A EL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL NOV 30 Z020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SECRETARY'S OF Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a change of zoning from -AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed -ccorded in File No.20140401.31,Deed Records of Nuecas County,Texas and being out of the J.W. .1-1 'y.C.Su1 Vey No.59G,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the"RM- AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to T exas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: `(_l'r ' '41!rV/i =� PI se Prin)t ADDRESS:Zn; PHONE NO. ( ) IN FAVOR ) IN OPPOSITION REASONS: �� (/10 Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 36 Project Manager: Andrew Dimas SI LISTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA E RE UIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA JUNTA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. W1 Vr CITY COUNCIL NOV 3 0 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITYS�CREf Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a change Y$ M-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas, and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded i;File No.2014040031,Deed Records of Nueces County,Texas and being out of the J...Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: Please Print /ADDRESS: /6, (I / 41,2(12Z , 0,�' PHONE NO. ( ) IN FAVOR bC) IN OPPOSITION /� ��U�r `f AyGr��� {�`� '� /a47,. REASONS: y `Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 37 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA UE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUN NA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL NOV 3 Q 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SECRE7qRyA Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a c ange "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167, Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to T exas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NAME: : t Ple se Pnnt ADDRESS:,) �� l �I /' /.,� = PHONE NO. ��� ( ) IN FAVOR ( IN OPPOSITION REASONS:,,�n r`�UL' o f C��v�If' 7/Xn Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 38 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES UE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA JU LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL PUBLIC HEARING NOTICE NOV 30 2020 Rezoning Case No. 1020-02 0 TY SEC - Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a e "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Com ial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167, Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.556,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/ input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NAME: PleaWDrint ADDRESS: U'`� J ;/ S --� PHONE NO. •.3� /�_� S ����� ( ) IN FAVOR ( ) IN OPPOSITION G REASONS: /J {U c- 0 Ur Signature SEE MAP ON REVERSE SIDE INFOR No. 20ZN1023 Case No. 1020-02 Property Owner ID: 39 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA-Y--QUE RE UIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA JU 1NA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. CITY COUNCIL V 3 0 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 4NO SECRETARY'S pFFIMustang Island, LLC. has petitioned the City of Corpus Christi to consider a "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. >� NAME Ple e�Print ADDRESS: J` c C/ I ��G ( �' PHONE NO. , (,/ ~J� P� ( ) IN FAVOR IN OPPOSITION _ REASONS: 7 f'C�6106. .2) GrSignature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 1 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE INTENTAN ATENDER ESTA JUNTA Y QUE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA JUN LA OFIC/NA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. kD _7 CITY COUNCIL Nov PUBLIC HEARING NOTICE d ZOZQ Rezoning Case No. 1020-02 CITYS Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2'lCom ial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: PI se Pnnt ADDRESS: l>'" �� �� / �C'iI; ( �" - PHONE NO. ( ) IN FAVOR ( IN OPPOSITION REASONS Ichvel r -- �C Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 2 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO (361)826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON /NCAPACIDADES QUE /NTENTAN ATENDER ESTA JUNTA RE UIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN A VISO 48 HORAS ANTES DE LA JUN NA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. BMW JhW CITY COUNCIL V Q 2020 PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 L �� !(� CRET�Y Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a chang "RM-AT" Multifamily AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408, Land Script 167,Mustang Island, Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NAME: Pleas /PriJnt ADDRESS: X N L" . PHONE O. Z ( ) IN FAVOR ) IN OPPOSITION REASONS: ) ✓7 W Signature SEE MAP ON REVERSE SIDE INFOR No.20ZN1023 Case No. 1020-02 Property Owner ID: 3 Project Manager: Andrew Dimas SI USTED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITADO,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAR A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. PERSONS WITH DISABILITES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT (361) 826-3105. PERSONAS CON INCAPACIDADES QUE /NTENTAN ATENDER ESTA JUNTA Y UE REQUIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AVISO 48 HORAS ANTES DE LA JUNTA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361) 826-3105. CITY COUNCIL NOV pQ�Q PUBLIC HEARING NOTICE Rezoning Case No. 1020-02 CITY SECRET Y' _Mustang Island, LLC. has petitioned the City of Corpus Christi to consider a cha -AT" MultifamilV AT District to the "RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District compatible with the Future Land Use Map. The property to be rezoned is described as: 7213 State Highway 361 and described as being 4.999 acre tract being a portion of a 30.00 acre tract surveyed August 7,2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No. 2014040031, Deed Records of Nueces County,Texas,and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces county,Texas and 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying, said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County,Texas and being out of the J.W.Waterbury Survey No.596,Abstract 408,Land Script 167,Mustang Island,Nueces County,Texas 12.035 acre tract being a portion of a 30.00 acre tract surveyed August 7, 2019 by Brister Surveying,said 30.00 acre tract as described in a deed recorded in File No.2014040031,Deed Records of Nueces County, Texas, and being out of the J.W. Waterbury Survey No. 596, Abstract 408, Land Script 167, Mustang Island, Nueces County, Texas, located along the east side of State Highway 361,south of Beach View Drive,and north of La Concha Boulevard. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning from the "RM- AT" Multifamily AT District to the"RV" Recreational Vehicle Park District and "CR-2" Resort Commercial District. The City Council may recommend other intermediate zoning classifications and/or Special Permits. Approval of a change of zoning, if inconsistent with the Plan CC, will also have the effect of amending Plan CC to reflect the approved zoning. The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, December 8, 2020, during one of its regular meetings, which begins at 11:30 a.m. The hearing will be held in the City Council Chambers, 1201 Leopard Street. For more information, please call (361) 826-3105. PUBLIC COMMENT: To reduce the chance of COVID- 19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of the community, City staff, and City Boards and Commissions. Public testimony and public hearing input for public comment and on all items on the agenda at public meetings of City Boards and Commissions shall be provided in written format and presented to the designated staff member prior to the start of each meeting(s) of the City Boards and/or Commission. Public comment/input shall be provided, in writing, in the form of an e- mail limited to one page or by using the PUBLIC COMMENT/INPUT FORM found here: http://www.cctexas.com/departments/city-secretary, and shall be e-mailed to the following e- mail address: CatherineG@cctexas.com and/or AndrewD2@cctexas.com. The written public testimony shall be provided to members of the applicable City board or commission prior to voting on measures for that meeting. That written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This written testimony shall serve as the required public testimony pursuant to Texas Gov' t Code 551. 007 and shall constitute a public hearing for purposes of any public hearing requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER(S), AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE, P.O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NAME: Pie se Printy � ADDRESS: /ems (s� � 7 ��(_ /�C`� �a :��� PHONE NO. ( ) IN FAVOR ( IN OPPOSITION REASONS: `61 (� L) /7 ��U�T' ���"� k �� �'� Signature SEE MAP ON REVERSE SIDE IN FOR No. 20ZN1023 Case No. 1020-02 Property Owner ID: 8 Project Manager: Andrew Dimas City of Corpus Christi U.S.POSTAGE>>PiTNEY BONZES 4 City Secretary's Office ti P.O. Box 9277 eta ` ° "® Corpus Christi,Texas 78469 -- " b. N�"� ZIP 78401 $ 000.5t,� s �^ 02 4n 0000340617NOV 25 202. 8 857900013060 BADALICH SHERRY L P O BOX 815 EMORY,TX 75440 ...:�• .:�"• �f:l��t�l1f111'��f1sl��li3�r��lii��!rlJj���;�lit �7�I 7:i�f�:� FR Ap SUBJECT �P.ROP,ERTYj T �pq C cy� RAI-A T RM-AT i Dae crewed:siasrzo2s 0 250 SODt R'epaed By ReyR Departn n nbfDevefopmen t�eMccs CASE: 1020-02 `•J SUBJECT PROPERTY WITH ZONING ® Property SUBJECT PROPERTY RIA-1 IAultifamly 1 IL Light Indus"I RIA-T IA life ly 2 M Heavy Industrial RIA-7 PAuUif.mly7 PUO Planned Unit Dev.Overlay ON Profes sional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Sin gle-Family6 - CN-1 Neighborhood Commercial RS-1.5 Single-Family A.5 CN-2 Neighborhood Commercial RS-TF T—Fly CR-1 ResortCommemial RS-15 Single-Family 15 CR-2 ResortCommercial RE Residential Estate CG-1 General Commercial RSTH Tovmheuse �• CG-2 General Commercial SP Special Perm it CI Intensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home u' 1' CR-7 Resort Commercial ( myo FR Farm ! CUT— HP Historicis Overlay LOCATION MAP Christi BBusiness Park Zoning Case #1020-02 Mustang Island, LLC. Rezoning for a Property at 7213 State Highway 361 From "RM-AT" To "RV" and "CR-2" ;r N Sub]ect Prope rty r. Vicinity Map a � a City Council April 27, 2021 Aerial Overview 17A � "RVIW s M. PROPERTY /fir _ Adjacent Development ��, oo C�oDouu� PRoPEMT t� �eb c� ®a OUN off o�� -fig M1(�yd&DO Zoning Pattern FF, lose � PG30O G'C�G35�? ooh o .. FIN AT PUB 4 Public Notification 41 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer 41 Notification Area Opposed: 21 (22.31%) Separate Opposed Owners. 3 �P 6eeR v� d0� In Favor: 0 �av� x x-nr uw-er % 0 5 Planning Commission and Staff Recommendation Approval of the "RV" Recreational vehicle Park District and "CR-2" Resort Commercial District Aerial with Special Permit R S!lBJECT PROPERTY �: �JI Proposed Special Permit 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is a "Recreational Vehicle Park" as defined by the Unified Development Code (UDC). The Recreational Vehicle Park shall adhere to the standards of Section 6.1.2 of the UDC except as explicitly listed below. 2. Density: The maximum site density shall be 18 recreational vehicle sites ("Recreational Vehicle Sites") per acre (Maximum of 216 sites). 3. Recreational Vehicle (RV) Site Limitations: Only one recreational vehicle shall be permitted per RV Site. All pads within RV Sites must be paved with concrete or concrete tile pavers and be at least 15 feet in width.All RV Sites must be at least 30 feet wide. 4. Lighting: All security lighting shall be shielded with full cutoff fixtures to avoid intrusion into the neighboring properties, and any freestanding lights shall be at least 50 feet from any property line abutting a neighboring property. 5. Stacking: A minimum of six off-street vehicle stacking spaces shall be provided between the public right-of-way and any front gate or intersection in order to allow stacking of approximately two to three RV's to avoid congestion on State Highway 361. 6. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Applicant's Conceptual Plan : Island Beach Resort Existing Property . .......... UR B�.-aac. Erc�pn Role Seo ENGINEm RING 29.999 Acres out. ar vEnry oIt^late308 Survey 7.0 Z 16 Hisraticti unFS:wn�ciw ]OB NO.42807.00.00 .y•Y_„a �„,�w_ MFM+HI6H DE�HEp on's[i fx0u PREUMI NARRYdSA1E STUDY f , T a Clubhouse Golf Cart Rental, Tennis Courts, Basketball r h' 4 Retail - 2 Floors with Gas Station A, w �� �y.�� �01�',m m� ..,.env"�k ���u,„ t �" „; e� �iY y'�ry ���, �• ..u�a ��Y� r s 1 r •�� 1� r�i�Pl �u ,n v e i ZOO r. ,, ,► a a r , P ` - W •, i. 1 - �� � Conceptual Renderings for RV Resort r Clubhouse • Tennis courts • Basketball courts • Swimming pool r • Splashpad • Playground • Golf cart/ bicycles Rentals 1 i j Luxury Modern RV with outdoor living space m Hotel and Beachfront Condominium I Age— ..a r� • .,.•'•. 40 av • �r Luxury RV Resort Condominium q Beachfront ` PROJECTS RESORT HOTEL 60Q00 sqft $14.5 Millon $3.4 Million $290000.00 Restaurant and Connection Hall 5,000 sqft Wet and Dry Sauna hcluded Indoor Pool with hot tub included UPSCALE RV RESORT Approx IDAcres $5.2 Millon $1.8 Million $104000.00 Owner deeds and separate utilties. I Office and Club House 2 Employee Accomodations 3 Maintenance & Landscaping Facilty RETAI L 60Q00 sqft total $15.2 Million 1.28 Milbn $334Q00.00 Convenient store with gas station. 1;t floor 30000 sqft 2nd floor 30000 sqft jTOTAL OF 3 PROJECTS $349 Millbn $6.48 Million Annual $738000 Annual UDC Requirements i/ Buffer Yards: RM-AT to RV: N/A RM-AT to CR-2: Type A: 10' & 5 pts Setbacks: Street: 20 feet Side: 0 feet sue�ecr Rear: 0 feet PROPERTY - .. � Parking: 1 per room (Hotel) Landscaping, Screening, and Lighting Standards Uses Allowed: Townhouse, Multifamily, Cottage Housing, Group Living, Medical, and Overnight Accommodations. UDC Requirements Buffer Yards: RV to RM-AT: N/A Table 6.1.2.0 District Deve t l?ecreatiaial Vehicle RV to CR-2: Type A: 10' & 5-points RV DISTRICT Max.Density tracers/ ossite 25 Rental Sites: Da or week only and no Min.Open Space(96 gross site area) 896 Y Y Min.Site Area ac. 3 longer Ion than 180 days in duration within the Min.Site Width(ft.) 100 g y Min.Yards(ft.) park. Street 20 Street(comer) 20 Side(single) [0 Side(totall -? Accessory Uses: No more than 1/3 of park Rear Min.Trailer Separation(ft.) Barber shops, Beauty parlors, Car wash, Between Trailers 10 Between Trailers and Structures Convenience grocery stores of less than Building to access drive5 4,000 square feet Day care centers Dry ( Min.Internal Access Drive Width ft.) See DA (e, e s cleaning receiving stations, Fuel sales, Restaurants excluding bars, taverns or pubs, and Self-service laundries Utilities Water: 12-inch ACP c SUBJE Wastewater: pROPE None ®� � , Gas: None Storm Water: None �pUS C °° -, ill C NOApOAp'E 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Charles Mendoza, Director of Asset Management CharlesM2(a-)cctexas.com (361) 826-1941 Heather Hurlbert, Director of Finance heatherh3(a)-cctexas.com (361) 826-3227 Construction Contract Fire Station Generator Replacement-Multiple Locations (Bond 2018 - Proposition E) CAPTION: Ordinance awarding a construction contract to Facilities Solutions Group, Corpus Christi, Texas, for the Fire Station Generator Replacement Projects to replace and upgrade generators at Fire Stations 1, 5, 7, 8, 9, 10, and 12, located Citywide, in an amount not to exceed $412,725.00 with FY 2021 funding available from the Fire Capital Fund; and amending the Capital Improvement Program. SUMMARY: This item awards a construction contract for the Fire Station Generator Replacement projects. The project scope consists of replacing emergency generators at seven fire stations that include Fire Stations Number 1, 5, 7, 8, 9, 10, and 12. Fire Station Number 5 will be securing the used emergency generator currently at Fire Station Number 1. The work scope will include upgrading various electrical subcomponents necessary to provide the capacity required to handle the emergencies and carry the design loads of the fire stations. BACKGROUND AND FINDINGS: The City of Corpus Christi has 18 fire stations that serve the City during emergencies. In February, the City went through an extreme weather event where many parts of the City lost power and several fire stations were impacted. Fire Station's 1, 5, 7, 8, 9, 10, and 12 do not have emergency generator sets large enough to power the entire stations. Each of these locations is at risk of not effectively maintaining operations if emergency backup power is needed. Currently, the City has a service agreement with Loftin Equipment Company, Inc. which responds to maintenance requests when they are needed. These services cost the City $19,350.00 annually for the maintenance of the generators at all fire stations including the Fire Department's warehouse. The City will now utilize a Master Service Agreement instead of individual service agreement contracts for future generator maintenance and repairs. The scope will consist of upgrading the emergency generator with new natural gas generator units to sustain the fire stations during an emergency. The buildings' electrical feeds will be upsized and re-routed to accommodate the increased loads required to power the entire stations. Automatic transfer switches and necessary additional electrical panels are included in the design to allow the loads to be distributed and automatically shed in a power failure event. This project is necessary due to its impact on the Corpus Christi Fire Department's ability to respond in times of need when emergency backup power is required. Upon project completion, the newly installed generators, automatic transfer switches, and supporting electrical systems will provide continuous power to the stations. This project will ensure all fire station functions and equipment remain powered when critical emergency operations rely on the most. The City will be replacing 10 of the 18 generators this fiscal year (seven with this contract and three additional will be presented to Council in separate contracts), and the Fire Department will plan the replacement of the remaining generators in the future fiscal years. PROJECT TIMELINE: 1 April — June Construction Project schedule reflects City Council award in April 2021 with anticipated completion in 120 days by June 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on January 18, 2021 and the bids were opened on February 24, 2021. The City received four bids. The City analyzed the bids in accordance with the contract documents and determined Facilities Solutions Group is the lowest responsive and responsible bidder. The bid results are summarized below. BID SUMMARY CONTRACTOR BASE BID Facilities Solutions Group $412,725.00 CRI Electric, Inc $623,422.00 Wachter Electric $641,600.00 Rural Electric, Inc $825,705.00 Engineer's Opinion of Probable Construction Cost $372,813.00 Facilities Solutions Group has previously completed City projects such as Daktronics video board installation for the American Bank Center, upgraded LED parking lot lights for the Public Health District, upgraded LED rooftop lights for City Hall, and replaced old generators for TXDOT. ALTERNATIVES: City Council could reject the bids and advise to re-advertise or the City could alter the design to replace the emergency generator with "in-kind" replacements, but that may hinder the fire department's ability to self-sustain and respond during power outages and other emergencies. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $412,725.00 with funding available from the Fire Capital Fund. The Capital Improvement Program (CIP) will be amended to include Fire Station 5 and 10 generator replacements projects, and to revise the project expenditures for all fire station generator replacements projects based on the received construction bids. The CIP budgeted a cumulative project expenditure total of$337,270.00 which reflects the estimate prior to the added scope increase of $75,455.00. The additional funding is supplemented through projects savings outlined in the funding detail below. FUNDING DETAIL: The CIP shows that the projects are planned for FY 2021. The CIP is being amended to include Fire Station 5 and 10 generator replacements and adjust project expenditures for each Fire Station generator replacement. The cumulative project expenditures total an amount of$337,270.00 which reflects the estimate prior to the added scope increase of $75,455.00. The $75,455.00 is being supplemented through project savings of $49,000.00 from project 18179A Fire Department Warehouse and $27,000.00 from project 18180Y Fire Parking Renovations, Fire Station 3 removal of scope of work. Fund: Fire Bond 2018 Fund (Fund 3192) Mission Element: 091 — Fire Activities Project: Fire Station #1, 5, 7, 8, 9, 10, & 12 Generator Replacement (18180): Please reference projects 18180T, 18180H, 181801, 18180J, and 18180MA in the FY 2020-2021 Capital Budget. Account: Construction (550910) Activity: 18180-T,F,H,I,J,R&U-3192-EXP Amount: $412,725.00 RECOMMENDATION: Staff recommends awarding a construction contract for Fire Stations Generator Replacement Project to Facilities Solutions Group. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Contract Bid Tabs Current and Draft CIP Pages Ordinance awarding a construction contract to Facilities Solutions Group, Corpus Christi, TX, for the Fire Station Multiple Location Generator Replacement Project to replace and upgrade generators at Fire Stations 1, 5, 7, 8, 9, 10, and 12, located Citywide, in an amount not to exceed $412,725.00 with FY2021 funding available from the Fire Capital Fund; and amending the Capital Improvement Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to add the Fire Station Multiple Generator Replacement Project to install generators at Fire Stations 5 and 10. SECTION 2. The City Manager or designee is authorized to execute a construction contract to Facilities Solutions Group, Corpus Christi, TX for the Fire Station Multiple Generator Replacement Project to install generators at Fire Stations 1 , 5, 7, 8, 9, 10 and 12 in an amount not to exceed $412,725.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor t PROJECT LOCATION N SCALE: N.T.S. a VBIM1 LOCATION MAP ""` ria Doyle NOT TO SCALE NUECES RIVER 624 A� 77 u°P NUECES BAY ANNAVILLE C °'PR pOR 12 o O SHIP CH �p CORPUS CHRISTI RD STOWN 0 9 5OPARD a z g CC 44 6 AIRPORT ONALRI zz �k'/ 286 358 > M°RO 9 10 W 2 m � 0Q`O 8� HqR 7 °9 2a 8 p yOkr 0~ 358 3 d� rOCq � CABANISS PROJECT LOCATION FIELD FIRE STATION ADDRESS 43 00 01 514 BELDEN ST.CC,TX 78401 Qp OLD F.S.05 3312 LEOPARD ST.CC,TX 78408 zee m 07 3722 S.STAPLES ST.CC,TX 78411 z 08 4645 KOSTORYZ RD.CC,TX 78415 1 09 501 NAVIGATION BLVD.CC,TX 78408 10 1550 HORNE RD.CC,TX 78416 241 rOR�p �P 12 RAND MORGAN RD.CC,TX 78410 VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18180A FIRE STATION MULTIPLE CITY COUNCIL EXHIBIT LOCATIONGENERATOR CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES REPLACEMENT CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT r REQUEST FOR BIDS (" RFB") Fire Station Multiple Location Generator Replacement (Bond 2018) 18180A Contract No. 3370 Y:\00 CONSTRUCTION CONTRACT ADMIN\18180A FSG Fire Station Generator Replacement CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2,3, 5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-727588 Facility Solutions Group corpus Christi, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 03/16/2021 being filed. City of Corpus Christi Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 18180A Generator upgrades for multiple fire stations Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the___day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 �US O� SBO RPOR Alto xss� 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Facility Solution Group JContractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Fire Station Multiple Location Generator Replacement Project No. 18180A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Bath Engineering 5656 S. Staples Ste 110 Corpus Christi,Texas 78411 0martinez@bathgroup.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director Of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg#5 Corpus Christi,Tx 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 120 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 150 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223-1 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 C. Milestones,and the dates for completion of each,are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof,Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages,and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed,and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $412,725.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 5.02 Progress Payments; Retainage: 1. The standard retainage is 5 percent. B. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. C. At the Owner's option,retainage may be increased to a higher percentage rate,not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. D. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; Agreement 005223-3 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information,observations,and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Workto be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests,studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. Agreement 005223-4 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records,books, correspondence,instructions,drawings,receipts,vouchers,memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. 2. Specifications,forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Specifications,forms,and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 6. Drawings listed in the Sheet Index. 7. Solicitation documents and Contractor's response,which are incorporated by reference. 8. Addenda, which are incorporated by reference. 9. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) FACILITY SOLUTIONS GROUP Faci 1 iD$aJj#LiL9ns Group (Seal Below) By: Note: Attach copy of authorization to sign if Title: sales manager person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 4401 Westgate Blvd. Suite 310 Financial Officer Address Austin Texas 784745 City State Zip 361-882-5685 Phone Fax Peter.cardona@fsgi.com Email END OF SECTION Agreement 005223-6 Fire Station Multiple Location Generator Replacement Project 18180A Rev 7/2020 DocuSign Envelope ID:56A12197-643B-428F-BD94-C766A1A858E4 00 30 01 BID FORM Project Name: Fire Stations Multiple Location Generator Replacement Project Number: 18180A Owner: City of Corpus Christi Bidder: OAR: Brett Van Hazel, PMP-Asst. Director of Construction Designer: Bath Engineering Group Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT Base Bid Part A-GENERAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al IMobilization and Demobilization ILS 1 1 O0 0 A2 Bonds and Insurance JAL I 114 goo O p0 o SUBTOTAL PART A-GENERAL(Items Al thru A2) oo Part B-GENERATOR INSTALLATION (per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Fire Station No. 1 Complete lump Sum LS 1 $Q 250 g0 7, B2 Fire Station No. 5 Complete lump Sum LS 1 p Oc.) B3 Fire Station No. 7 Complete lump Sum LS 1 6 00 G, 500 B4 Fire Station No. 8 Complete lump Sum LS 1 55 Soo S S 60 B5 Fire Station No. 9 Complete lump Sum LS 1j^00 500 B6 Fire Station No. 10 Complete lump Sum LS1 od 42, 77oo B7 JFire Station No. 12 Complete lump Sum LS 1a fl S SUBTOTAL PART B-GENERATOR INSTALLATION(Items Bl thru B7) 7j of Part C-ALLOWANCES(per SECTION 0123 10 ALTERNATES AND ALLOWANCES) C1 Unforseen Conditions Allowance I F= 1 $ 36,000.00 C2 JPermit Allowance I JAL 1 1 $ 3,600.00 SUBTOTAL PART C-ALLOWANCES (Items C1 thru C2) $ 39,600.00 TOTAL BASE BID-PARTS A THRU C Contract Times Bidder agrees to reach Substantial Completion in 1 120 Jdays Bidder agrees to reach Final Completion in 1 150 Jdays Bid Submittal(Proposal must be signed by an authorized representative of the Company) Company: C t ' 'V c� f 0✓l �r►r0 ul P Signature: Title: Ct 1 P f A ` c, A aq 2.,— Bid Form 003001-1 18180A-Fire Stations Multiple Location Generator Replacement Rev.01-08-2018 Fire Station Multiple Location Generator Replacement(Bond 2018) Bid Opening 02/24/2021 Facility Solutions Group CRI Electric,Inc Wachter Electric Rural Electric,Inc Item Description Unit QTY Unit Price Total Unit Price Total Unit Price Total Unit Price Total Al Mobilization and Demobilization LS 1 $6,000.00 $6,000.00 $23,072.00 $23,072.00 $25,000.00 $25,000.00 $39,300.00 $39.300.00 A2 Bonds and Insurance AL 1 $5,000.00 $5,000.00 $20,774.00 $20,774.00 $15,000.00 $15,000.00 $13,830.00 $13,830.00 B1 Fire Station No. 1 Complete Lump Sum LS 1 $80,250.00 $80,250.00 $108,989.00 $108,989.00 $89,000.00 $89,000.00 $141,405.00 $141,405.00 B2 Fire Station No. 5 Complete Lump Sum LS 1 $9,500.00 $9,500.00 $22,578.00 $22,578.00 $98,000.00 $98,000.00 $44,550.00 $44,550.00 B3 Fire Station No. 7 Complete Lump Sum LS 1 $66,500.00 $66,500.00 $88,963.00 $88,963.00 $96,000.00 $96,000.00 $115,380.00 $115,380.00 B4 Fire Station No. 8 Complete Lump Sum LS 1 $55,500.00 $55,500.00 $79,617.00 $79,617.00 $78,000.00 $78,000.00 $110,450.00 $110,450.00 B5 Fire Station No. 9 Complete Lump Sum LS 1 $49,500.00 $49,500.00 $80,135.00 $80,135.00 $67,000.00 $67,000.00 $105,815.00 $105,815.00 B6 Fire Station No. 10 Complete Lump Sum LS 1 $49,900.00 $49,900.00 $79,487.00 $79,487.00 $67,000.00 $67,000.00 $105,895.00 $105,895.00 B7 Fire Station No. 12 Complete Lump Sum LS 1 $50,975.00 $50,975.00 $80,207.00 $80,207.00 $67,000.00 $67,000.00 $109,480.00 $109,480.00 C1 Unforseen Conditions AllowanceAL 1 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 $36,000.00 C2 Permit Allowance AL 1 $3.600.00 $3,600.00 $3.600.00 $3.600.00 $3,600.00 $3.600.00 $3,600.00 $3.600.00 Sub Totals $412,725.001 $623,422.00 $641,600.00 $825,705.00 Grand Total $4125725.001 $623,422.00 $641,600.00 $825 705.00 Fire Station Generator Encumberance Breakdown STATION# PROJECT# ORIGINAL BUDGET TOTALS FINAL TOTALS Fire Station No. 1 Complete Lump Sum 18180T $ 69,057.00 $ 87,478.57 Fire Station No. 5 Complete Lump Sum 18180F $ - $ 16,728.57 Fire Station No. 7 Complete Lump Sum 18180H $ 62,572.00 $ 73,728.57 Fire Station No. 8 Complete Lump Sum 181801 $ 55,672.00 $ 62,728.57 Fire Station No. 9 Complete Lump Sum 18180J $ 87,813.00 $ 56,728.57 Fire Station No. 10 Complete Lump Sum 18180R $ - $ 57,128.57 Fire Station No. 12 Complete Lump Sum 18180U $ 62,156.00 $ 58,203.57 TOTALS $ 337,270.00 $ 412,725.00 $ 75,455.00 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18180T Project Name Fire St.1 Emergency Generator t Type Reconditioning-Asset Longevit Department Fire Department J Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe f Status Active Description Replace and upgrade the current stand-by electrical generator distribution system in order to include additional building loads such as HVAC at Fire Station 1. The existing stand-by generator is not of sufficient size,rated in kVA,to provide emergency power to all preferred loads within the fire station. This includes the HVAC system. The current automatic transfer switch is size d in accordance with the existing,and undersized, stand-by generator. The current in service equipment is both near end of service life as well as undersized for the preferred additional loads which includes the HVAC equipment.Note: The existing unit which still works and has considerable remaining service life,would be relocated to Old Station 5/Hazmat Central to replace its non-functioning generator. Justification The ambulances carry medications that need an air-cooled environment or the medications will be ruined. These ambulances need to be plugged into electrical source while unit is in the station. These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 65,961 65,961 Inspection 2,638 2,638 Design 7,756 7,256 Contingency 3,096 3,096 Engineering Svc 2,000 2,000 Admin Reimbursement 1,000 1,000 Total 7,756 74,695 82,451 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 7,756 74,695 82,451 Tom 7,756 74,695 82,451 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 495 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18180H Project Name Fire Station #7 Emergency Generator t Type Equipment Department Fire Department J Useful Life 25 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety f Status Active Description Replace and upgrade the current stand-by electrical generator distribution system including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 7. The existing stand-by generator is not of sufficient size,rated in kVA,to provide emergency power to all preferred loads within the fire station. This includes the HVAC system. The current automatic transfer switch is sized in accordance with the existing,and undersized,stand-by generator. The current in service equipment is both near end of service life as well as undersized for the preferred additional loads which includes the HVAC equipment. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The fire stations are 24/7/365 facilities that firefighters respond from.Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations. The ambulances must be plugged in to run the a/c unit due to the storage of medications on the unit. Expenditures 2019 2020 2021 2022 2023 Total Inspection 2,312 2,312 Design 6,357 6,357 Contingency 5,780 5,780 Capital Equipment 56,792 56,792 Engineering Svc 200 800 1,000 Total 6,557 65,684 72,241 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 6,557 65,684 72,241 Tom 6,557 65,684 72,241 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 498 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 181801 Project Name Fire St.8 Emergency Generator R Type Reconditioning-Asset Longevit Department Fire Department Useful Life 25 years Contact Fire Chief --- Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe NO&W Status Active Description Replace and upgrade the current stand-by electrical generator distribution system including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 8. The fire stations are 24/7/365 facilities that firefighters respond from.Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations. The ambulances must be plugged in to run the air due to the storage of medications on the unit. The stations need to have the ale connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications that need to in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers.Firefighters and employees will not be able to rehab properly between emergency calls and other work duties which can lead to injury and illness. The existing stand-by generator is not of sufficient size,rated in kVA,to provide emergency power to all preferred loads within the fire station. This includes the HVAC system. The current automatic transfer switch is sized in accordance with the existing,and undersized,stand-by generator. The current in service equipment is both near end of service life as well as undersized for the preferred additional loads which includes the HVAC equipment. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 51,520 51,520 Inspection 2,061 2,061 Design 5,668 5,668 Contingency 4,152 4,152 Engineering Svc 200 800 1,000 Total 5,868 58,533 64,401 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 5,868 58,533 64,401 Total 5,868 58,533 64,401 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 500 Capital Improvement Flan 2019 thru 2023 City of Corpus Christi, Texas Project# 18180J Project Name Fire St.9 Emergency Generator/HVAC upgrades Type Reconditioning-Asset Longevit Department Fire Department Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe Status Active Description Replace and upgrade the current stand-by electrical generator distribution system in order to include additional building loads such as HVAC at Fire Station 8. The building will require equipment upgrades and/or alterations to HVAC systems in order to have all systems functions efficiently and meet current code requirements. Replace the split unit air conditioner. The HVAC closet layout and connections to ductwork need to be redesigned in order to allow for future maintenance and service.HVAC technician will need to investigate inside of all ductwork to determine if it has deteriorated and in need of replacement or if it can be professional cleaned. if needed,replace all ductwork and registers. Remove window unit and seal opening properly.Replace both bathroom exhaust fans.Replace and upgrade the current stand-by electrical ,generator distributions stem including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 9. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications that need an air-cooled environment or the medications will be ruined. These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 82,557 82,557 Inspection 3,302 3,302 Design 9,082 9,082 Contingency 5,256 5,256 Engineering Svc 1,000 2,000 3,000 Total 10,082 93,115 103,197 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 10,082 93,115 103,197 Tom 10,082 93,115 103,197 Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 502 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18180MA Project Name Fire St.12 Emergency Generator t Type Equipment Department Fire Department J Useful Life 10 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety f Status Active Description Project will consist of replacement and upgrade to the current stand-by electrical generator distribution system including the automatic transfer switch in order to include additional building loads such as HVAC at Fire Station 12.Replace and upgrade the current stand-by electrical generator distribution system in order to include additional building loads such as HVAC at Fire Station 12.The fire stations are 24/7/365 facilities that firefighters respond from. The ambulances must be plugged in to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,hazmat supplies,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The existing stand-by generator is not of sufficient size. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 56,500 56,500 Inspection 2,266 2,266 Design 6,215 6,215 Contingency 5,656 5,656 Total 6,215 64,422 70,637 Funding Sources 2019 2020 2021 2022 2023 Total G.O. Bond 2018 6,215 64,422 70,637 Tom 6,215 64,422 70,637 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 505 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18180T Project name Fire St.1 Emergency Generator - Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition Status Active Description Replace and upgrade the current stand-by electrical generator system in order to include additional building loads such as HVAC at Fire Station 1. The existing stand-by generator is not of sufficient size to provide emergency power to all preferred loads within the fire station.This includes the HVAC system.Note:The existing unit which still works and has considerable remaining service life,would be relocated to Station 5/Hazmat Central to replace its non-functioning generator. Justification The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These ambulances need to be plugged into electrical source while unit is in the station.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 87,479 87,479 Inspection 2,638 2,638 Engineering Svc 2,000 2,000 Admin Reimbursement 1,000 1,000 Total 93,117 93,117 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 93,117 93,117 Total 93,117 93,117 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 1818OF Project Name Fire St.5 Emergancy Generator p Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief I� Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active Description The existing stand-by electrical generator from Fire Station 1 which still works and has considerable remaining service life will be referbished and relocated to Fire Station 5.The fire stations are 24/7/365 facilities that firefighters respond from.Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city em to ees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 16,728 16,728 Inspection 1,250 1,250 Engineering Svc 500 500 Total 18,478 18,478 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 18,478 18,478 Total 18,478 18,478 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18180H Project name Fire SO Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 73,728 73,728 Inspection 2,312 2,312 Design 6,357 6,357 Engineering Svc 200 800 1,000 Total 6,557 76,840 83,397 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 6,557 76,840 83,397 Total 6,557 76,840 83,397 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 181801 Project name Fire St.8 Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief . a Category Building Rehabilitation Priority 2 Critical-Asset Condition ;. Status Active Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 62;728 62,728 Inspection 23061 2,061 Design 5,668 5,668 Engineering Svc 200 800 1,000 Total 5,868 65,589 71,457 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 5,868 65,589 71,457 Total 5,868 65,589 71,457 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18180J � Project Name Fire SO Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition Status PriorActive Description Total Project Cost: Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 56,729 56,729 Inspection 3,302 3,302 Design 9,082 9,082 Engineering Svc 1,000 2,000 3,000 Total 10,082 62,031 72,113 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 10,082 62,031 72,113 Total 10,082 62,031 72,113 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 2024 City of Corpus Christi, Texas Project# 1818OR — Project Name Fire St.10 Emenrgancy Generator Type Equipment Department Fire Department ' Useful Life 25 years Contact Fire Chief _ Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active „ Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 57,128 57,128 Inspection 2,266 2,266 Design 5,235 5,235 Engineering Svc 1,000 1,000 Total 5,235 60,394 65,629 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 5,235 60,394 65,629 Total 5,235 60,394 65,629 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 1818OU �s Project Name Fire St.12 Emergency Generator Type Equipment Department Fire Department Useful Life 25 years Contact Fire Chief Category Capital Equipment/System Priority 1 Critical-Health&Safety Status Active Description Replacement and upgrade to the current stand-by electrical generator.The fire stations are 24/7/365 facilities that firefighters respond from. Ambulances and fire trucks require to be connected to electrical power while the engine is not running inside the stations.The ambulances must be plugged in to run the unit due to the storage of medications on the unit.The stations need to be connected to emergency power to maintain adequate temperatures inside the stations for medical supplies and the proper rehabilitation of firefighters between emergency calls.Fire stations also become hubs for other city employees,PD and utilities,during disasters and other emergency situations. Justification Maintain the Fire Station to provide an adequate facility with the proper power needed to house firefighters,equipment,and medical supplies in order to provide the necessary emergency response to the citizens and public while there is no electrical power at the fire station. The ambulances carry medications need to be in an air-cooled environment or the medications will be ruined.These supplies along with other medical supplies are also keep inside the station in the storage lockers. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 58,203 58,203 Inspection 2,266 2,266 Design 6,215 6,215 Engineering Svc 800 800 Total 6,215 61,269 67,484 Funding Sources 2020 2021 2022 2023 2024 Total G.O. Bond 2018 6,215 61,269 67,484 Total 6,215 61,269 67,484 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Current maintenance budget will be utilized to service new unit. �pUS C °° -, ill C NOApOAp'E 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 Charles Mendoza, Deputy Director of Asset Management CharlesM2(a-)cctexas.com (361) 826-1941 Heather Hurlbert, CPA, Director of Finance heatherh3(a)-cctexas.com (361) 826-3227 Construction Contract Museum of Science & History- Cooling and Heating CAPTION: Ordinance awarding a construction contract to Pro Tech Mechanical, Corpus Christi, Texas, for the Museum of Science & History Mechanical, Electrical, and Plumbing Improvements to replace the cooling and heating system, located in Council District 1, in an amount not to exceed $1,427,351.00, with FY 2021 funding available from the Facility Maintenance Capital Fund and Energy Public Property Finance Capital Fund; and amending the Capital Budget to appropriate funding. SUMMARY: This item awards a construction contract for the Museum of Science & History MEP (Mechanical, Electrical & Plumbing) Improvements. The project scope consists of replacing the hot and chilled water system, including the boilers, associated pumps, and the entire hot and chilled water piping system. BACKGROUND AND FINDINGS: The Corpus Christi Museum of Science and History was established in 1952 and is located in the Sports, Entertainment, and Arts (S.E.A.) district of the City. The Museum serves over 100,000 visitors and promotes history, science exploration, and educational programming. The Museum is also the repository for hundreds of thousands of artifacts and historically significant items in its nearly 100,000 sq. ft. facility. The museum operates year-round, and the City is responsible for all maintenance and repairs to the museum facilities. The existing boiler and pumps have failed on multiple occasions, severely impacting HVAC capabilities which presents risks to the building and contents inside. Water leaks, climate control, and humidity control have been common issues. The City has made many attempts to repair and extend the piping system's life, but the mechanical systems' have exceeded the maintainable life cycle of approximately 20 to 25 years. The boiler and piping systems must be replaced to prevent further water damage to the building. The new HVAC system will resolve the issues that the Museum of Science and History have been facing and will improve energy efficiency. City procured Bath Engineering to redesign the boiler and the entire hot and chilled water piping system. The design includes upgrades to maintain HVAC piping water quality. The project will be completed in a manner that there is a reduced impact and downtime on museum operations. The new design will mitigate risk to the many priceless exhibits currently in danger on display in the facility. PROJECT TIMELINE: 1 April — June Construction Project schedule reflects City Council award in April 2021 with anticipated completion in 120 days by June 2021. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on January 6, 2021 and received one bid. The bidder was non-responsive. As a result, the Contracts and Procurement Department issued a second Request for Bids on February 24, 2021. The City received bids from 3 bidders. The City analyzed the bids in accordance with the contract documents and determined Pro Tech Mechanical is the lowest responsive and responsible bidder. BID SUMMARY CONTRACTOR BASE BID Pro Tech Mechanical $1,427,351.00 Malek, Inc $1,495,397.00 Texas Chiller Systems $1,519,379.00 Engineer's Opinion of Probable Construction Cost $1,598,500.00 Pro Tech Mechanical has previously completed work for the City such as the Selena Auditorium Air Handling Unit replacement and chilled water pump addition and the Greenwood WWTP HVAC system Replacement Work. ALTERNATIVES: City Council could reject the bids and provide direction to re-advertise, which is not likely to produce a better value. The City can request that Bath Engineering alter the design before re-advertising to better target available funds. Either of those options will delay the project, which has already experienced several delays, emergency repairs, and severe water leaks in the piping systems. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of$1,427,351.00 with $1,110,000.00 funding available from the 2021 Facility Maintenance Capital Fund and $317,351.00 from 2014 Energy Public Property Finance Capital Fund. FUNDING DETAIL: The Capital Improvement Program (CIP) shows that the Museum of Science and History-Cooling & Heating project (21019) is planned for FY 2021. The FY 2021 CIP expenditures shows $110,000 was budgeted for design, $1,000,000 for construction cost and $100,000 for contingency.The CIP shows a construction expenditure shortfall of$327,351.00. The shortfall in funding for the project will be funded with the 2014 Energy Public Property Funds. The 2014 Energy Public Property Funds can be used for energy efficiency projects only. The 2014 Energy Public Property Funds are the remaining funds from previous projects. Initially the Museum of Science and History-Cooling & Heating project was designed with the 2014 Energy Public Property Funds. There is $341,931 remaining in the 2014 Energy Public Property Funds that can be utilized to fund the Museum of Science and History-Cooling & Heating project. The expenditures shown in the CIP are revised to show funding information. Attached is the amended CIP page. Fund: Energy 2014 Fund (Fund 3163) Mission Elem: City Buildings and Facilities (191) Project: Museum of Science & History - Cooling & Heating (21019) Account: Construction (550910) Activity: 21019-3163-EXP Amount $317,351.00 Fund: Facility Maintenance 2021 CIP Fund (Fund 3166) Mission Elem: City Buildings and Facilities (191) Project: Museum of Science & History - Cooling & Heating (21019) Account: Construction (550910) Activity: 21019-3166-EXP Amount $1,110,000.00 RECOMMENDATION: Staff recommends awarding a construction contract for Museum of Science & History-Cooling and Heating. Improvements to Pro Tech Mechanical. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Maps Contract Bid Tabs Current and Draft CIP Pages Ordinance awarding a construction contract to Pro Tech Mechanical, Corpus Christi, Texas, for the Museum of Science & History Mechanical, Electrical, and Plumbing Improvements to replace the cooling and heating system, located in Council District 1, in an amount not to exceed $1,427,351.00, with FY 2021 funding available from the Facility Maintenance Capital Fund and Energy Public Property Finance Capital Fund; and amending the Capital Budget to appropriate funding. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to appropriate $317,351 .00 from Fund 3163 and increase revenues and expenditures by $317,351 .00. SECTION 2. The City Manager or designee is authorized to execute a contract with Pro Tech Mechanical, Corpus Christi, Texas in an amount not to exceed $1 ,427,351.00 for the Museum of Science & History Mechanical, Electrical and Plumbing Improvements Project. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor -:27a PROJECT LOCATION N SCALE: N.T.S. Doyle Q l v B J tl r ortl°nd LOCATION MAP NOT TO SCALE NUECES BAY p oRRI�R z o CORPUS CHRISTI SHIP C o �OjDgRp ti LEOPARD O a i as s INTERNTIOHRISTI F M 0 286 ' PROJECT L O CAT I O N AIRPORT 0 v R 358 < l z '7; C`gti N W 9 N N ° par �O� q TEXAS A&M UNIVERSITY S'OkY CORPUS CHRISTI 358 d� TOGq CABANISS „� Z OSO BAY CORPUS CHRISTI FIELD Q NAVAL AIR STATION as ° p° FLOUR BLUFF e r 358 286 4 Qac, o pr � 4 Q- 2444 Rio VP ars 0 LOCATION MAP NOT TO SCALE PROJECT NUMBER: 21019 Museum of Science & History CITY COUNCIL EXHIBIT MEP Upgrades CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES ° 1 4-7 m s N SCALE: N.T.S. ♦%b Project Location ' r ti �R = f IA (n + , SCh tow %A00- A% A Project Number: 21019 _ VICINITY MAP f NOT TO SCALE • Museum of Science & History CITY COUNCIL EXHIBIT MEP Upgrades CITY OF CORPUS CHRISTI,TEXAS VAI DEPARTMENT OF ENGINEERING SERVICES RE-BID MUSEUM OF SCIENCE AND HISTORY M.E.P UPGRADES Bid Opening 02/24/2021 Pro Tech Mechanical Malek Inc. Texas Chiller Systems Item Description Unit I Quantity Unit Price Total 77777-F Total Unit Price Total Al Mobilization and Demobilization(Not to exceed 1 $61,804.00 $61,804.00 $62,000.00 $62,000.00 $90,654.00 $90,654.00 5%) LS A2 Bonds and Insurance AL 1 $22,858.00 $22,858.00 $31,128.00 $31,128.00 $22,500.00 $22,500.00 Sub Totals $84,662.00 1 $93,128.00 $113,154.00 B1 Demolition of Boiler/Pump/Mech Room Piping 1 $11,546.00 $11,546.00 $30,000.00 $30,000.00 $16,180.00 $16,180.00 LS B2 Demolition of Chilled Water Pumps/Mech Room 1 $6,229.00 $6,229.00 $15,000.00 $15,000.00 $10,180.00 $10,180.00 Piping LS B3 Demolition of Piping in Museum LS 1 $17,002.00 $17,002.00 $15,000.00 $15,000.00 $31,500.00 $31,500.00 B4 Provide Natural Gas BoilersNents 1 $120,462.00 $120,462.00 $150,656.00 $150,656.00 $6,090.00 $6,090.00 LS B5 Provide Chilled/Heating Water Pumps,VFDs, 1 $164,198.00 $164,198.00 $60,000.00 $60,000.00 $34,900.00 $34,900.00 Accessories LS B6 Provide Heating Water Piping/Insulation in 1 $79,729.00 $79,729.00 $158,000.00 $158,000.00 $126,875.00 $126,875.00 Mech Room LS B7 Provide Chilled Water Piping/Insulation in Mech 1 $101,038.00 $101,038.00 $305,887.00 $305,887.00 $135,125.00 $135,125.00 Room LS B8 Provide Chilled/Heating Water Piping/Insulation 1 $370,849.00 $370,849.00 $250,456.00 $250,456.00 $570,386.00 $570,386.00 on Roof LS B9 Provide Chilled/Heating Water Piping above 1 $179,218.00 $179,218.00 $140,000.00 $140,000.00 $180,210.00 $180,210.00 Ceiling LS Item Description Unit Quantity Unit Price Total Unit Price Total Unit Price Total B10 Provide/Modify Controls LS 1 $77,194.00 $77,194.00 $50,000.00 $50,000.00 $54,398.00 $54,398.00 B11 Provide Chemical Treatment LS 1 $2,898.00 $2,898.00 $5,000.00 $5,000.00 $7,500.00 $7,500.00 B12 Provide Natural Gas Piping System 1 $1,596.00 $1,596.00 $20,000.00 $20,000.00 $7,500.00 $7,500.00 LS B13 Electrical Demolition in Mech Room 1 $11,013.00 $11,013.00 $6,000.00 $6,000.00 $15,120.00 $15,120.00 LS B14 Install DisconnectsNFD LS 1 $21,253.00 $21,253.00 $60,000.00 $60.000.00 $25.511.00 $25.511.00 Sub Tota is $1,164,225.00 $1,265,999.00 $1,221,475.00 Part C-Roofing C1 Roofing Repair/Modification LS 1 $87,464.00 $87,464.00 $45,270.00 $45,270.00 $93,750.00 $93,750.00 Sub Totals $87,464.00 $45,270.00 $93,750.00 D1 Allowance A-Unforseen Conditions 1 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 $75,000.00 AL D2 Allowance B-Permits AL 1 $16,000.00 $16,000.00 $16.000.00 $16,000.00 $16,000.00 $16,000.00 Sub Totals $91,000.00 $91,000.00 $91,000.00 Grand Total $1,427,351.00 $1,495,397.00 $1,519,379.00 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT r REQUEST FOR BIDS (" R F B") MUSEUM OF SCIENCE AND HISTORY M.E.P UPGRADES PROJECT: 21019 Contract No. 3296 Y:\00 CONSTRUCTION CONTRACT ADMIN\181736-Pro Tech Mechanical SC 0 � N U yea na o n n+e� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi(Owner)and Pro Tech Mechanical,Inc. (Contractor). Owner and Contractor agree as follows: ARTICLE 1—WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as: Museum of Science and History MEP Project Number: 21019 ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Bath Engineering 5656 S. Staples Street, Suite 110 Corpus Christi, Texas 78411jtabb@bathgroup.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van Hazel, PMP—Asst. Director of Construction City of Corpus Christi—Engineering Services 4917 Holly Rd, Bldg. #5 Corpus Christi,Tx 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 90 days after the date when the Contract Times commence to run as provided in the Notice to Proceed and is to be completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions within 120 days after the date when the Contract Times commence to run. B. Performance of the Work is required as shown in Paragraph 7.02 of the General Conditions. Agreement 005223- 1 21019 Museum of Science& History MEP Rev 7/2020 C. Milestones,and the dates for completion of each, are as defined in Section 0135 00 SPECIAL PROCEDURES. 3.02 Liquidated Damages A. Owner and Contractor recognize that time limits for specified Milestones, Substantial Completion, and completion and readiness for Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.01 and as adjusted in accordance with Paragraph 11.05 of the General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner$400.00 for each day that expires after the time specified in Paragraph 3.01 for Substantial Completion until the Work is substantially complete. 2. Completion of the Remaining Work: Contractor agrees to pay Owner$400.00 for each day that expires after the time specified in Paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with Paragraph 17.16 of the General Conditions. 3. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently. 4. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in SECTION 0135 00 SPECIAL PROCEDURES for failure to meet Milestone completions. 5. The Owner will determine whether the Work has been completed within the Contract Times. B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE 4—CONTRACT PRICE 4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract Documents at the unit prices shown in the attached BID FORM. Unit prices have been computed in accordance with Paragraph 15.03 of the General Conditions. Contractor acknowledges that estimated quantities are not guaranteed, and were solely for the purpose of comparing Bids, and final payment for all unit price items will be based on actual quantities, determined as provided in the Contract Documents. Total Base Bid Price $1,427,351.00 ARTICLE 5—PAYMENT PROCEDURES 5.01 Submit Applications for Payment in accordance with Article 17 of the General Conditions. Applications for Payment will be processed by the OAR as provided in the General Conditions. Agreement 005223-2 21019 Museum of Science& History MEP Rev 7/2020 5.02 Progress Payments; Retainage: A. The Owner will make progress payments on or about the 25th day of each month during performance of the Work. Payment is based on Work completed in accordance with the Schedule of Values established as provided in the General Conditions. B. Progress payments equal to the full amount of the total earned value to date for completed Work minus the retainage listed below and properly stored materials will be made prior to Substantial Completion. 1. The standard retainage is 5 percent. C. Payment will be made for the amount determined per Paragraph 5.02.13, less the total of payments previously made and less set-offs determined in accordance with Paragraph 17.01 of the General Conditions. D. At the Owner's option, retainage may be increased to a higher percentage rate, not to exceed ten percent, if progress on the Project is considered to be unsatisfactory. If retainage in excess of the amount described above is held prior to Substantial Completion,the Owner will place the additional amount in an interest bearing account. Interest will be paid in accordance with Paragraph 6.01. E. At the Owner's option, Owner may pay Contractor 100 percent of the Work completed, less amounts withheld in accordance with Paragraph 17.01 of the General Conditions and less 200 percent of OAR's estimate of the value of Work to be completed or corrected to reach Substantial Completion. Owner may, at its sole discretion, elect to hold retainage in the amounts set forth above for progress payments prior to Substantial Completion if Owner has concerns with the ability of the Contractor to complete the remaining Work in accordance with the Contract Documents or within the time frame established by this Agreement. Release or reduction in retainage is contingent upon and consent of surety to the reduction in retainage. 5.03 Owner will pay the remainder of the Contract Price as recommended by OAR in accordance with Paragraph 17.16 of the General Conditions upon Final Completion and acceptance of the Work. ARTICLE 6—INTEREST ON OVERDUE PAYMENTS AND RETAINAGE 6.01 The Owner is not obligated to pay interest on overdue payments except as required by Texas Government Code Chapter 2251. Invoices must comply with Article 17 of the General Conditions. 6.02 Except as specified in Article 5, the Owner is not obligated to pay interest on moneys not paid except as provided in Texas Government Code Chapter 2252. ARTICLE 7—CONTRACTOR'S REPRESENTATIONS 7.01 The Contractor makes the following representations: A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. Agreement 005223-3 21019 Museum of Science& History MEP Rev 7/2020 C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. D. The Contractor has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions: 1. Geotechnical Data Reports regarding subsurface conditions at or adjacent to the Site; 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site; 3. Underground Facilities referenced in reports and drawings; 4. Reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site; and 5. Technical Data related to each of these reports and drawings. E. The Contractor has considered the: 1. Information known to Contractor; 2. Information commonly known to contractors doing business in the locality of the Site; 3. Information and observations obtained from visits to the Site; and 4. The Contract Documents. F. The Contractor has considered the items identified in Paragraphs 7.01.D and 7.01.E with respect to the effect of such information, observations, and documents on: 1. The cost, progress, and performance of the Work; 2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and 3. Contractor's safety precautions and programs. G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. J. The Contractor has given the OAR written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract Documents,and the written resolution provided by the OAR is acceptable to the Contractor. K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Agreement 005223-4 21019 Museum of Science& History MEP Rev 7/2020 L. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. M. CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER'S INDEMNITEES IN ACCORDANCE WITH PARAGRAPH 7.14 OF THE GENERAL CONDITIONS AND THE SUPPLEMENTARY CONDITIONS. ARTICLE 8—ACCOUNTING RECORDS 8.01 Accounting Record Availability: The Contractor shall keep such full and detailed accounts of materials incorporated and labor and equipment utilized for the Work consistent with the requirements of Paragraph 15.01 of the General Conditions and as may be necessary for proper financial management under this Agreement. Subject to prior written notice,the Owner shall be afforded reasonable access during normal business hours to all of the Contractor's records, books, correspondence, instructions,drawings, receipts,vouchers, memoranda,and similar data relating to the Cost of the Work and the Contractor's fee. The Contractor shall preserve all such documents for a period of 3 years after the final payment by the Owner. ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents: A. The Contract Documents consist of the following: 1. Exhibits to this Agreement: a. Contractor's Bid Form. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Solicitation documents and Contractor's response,which are incorporated by reference. 5. Addenda, which are incorporated by reference. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award,which is incorporated by reference. B. There are no Contract Documents other than those listed above in this Article. C. The Contract Documents may only be amended, modified, or supplemented as provided in Article 11 of the General Conditions. Agreement 005223-5 21019 Museum of Science& History MEP Rev 7/2020 ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) PRO TECH MECHANICAL, INC. (Seal Below) By: Note: Attach copy of authorization to sign if Title: person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1622 Saratoga Blvd. Financial Officer Address Corpus Christi Texas 78417 City State Zip 361-882-2101 N/A Phone Fax tiffany@protechmech.com Email END OF SECTION Agreement 005223-6 21019 Museum of Science& History MEP Rev 7/2020 CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of l Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested pan es. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2021-738476 Pro Tech Mechanical Inc. Corpus Christi,TX United States Date Filed: 2 Name of govemmental entity or state agency that is a party tot the contract for which the form is0411412021 being filed. City of Corpus Christi ]Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 21019 Museum of Science MEP Upgrades Nature of interest 4 Name of Interested PartyCity,State,Country(Place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 UNSWORN DECLARATION My name isYA 6 ......_ and my date of birth is ^ ... My address is � "� �� �,sfl.71 _� ..-_� g. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in 1J t + ___.... County, State of on the day of 20 __. ( nth) (year) Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.ceffd98a 00 30 01 BID FORM Project Name: Museum of Science and History MEP Project Number: 21019 Owner: City of Corpus Christi OAR: Designer: Bath Engineering By its signature below,Bidder accepts all of the terms and conditions of the Bid Acknowledgement,acknowledges receipt of all Addenda to the Bid and agrees,if this Bid is accepted,to enter into a Contract with the Owner and complete the Work in accordance with the Contract Documents for the Bid price. Bidder: Pro Tech Mechanical,Inc. (full legal name of Bidder) Signature: x �� a (signature of person with authority to bind the Bidder) Name: Mike Richter (printed name of person signing Bid Form) Title: Vice President (title of person signing Bid Form) Attest: la (signature) State of Residency: Texas Federal Tx ID No. 74-2957881 Address for Notices: Pro Tech Mechanical, Inc. 1622 Saratoga Blvd. Corpus Christi TX 78417 Phone: 361-882-2101 Email: tiffan @ rotechmech.com Bid Form 00 30 01-Page 1 of 6 Museum of Science and History MEP/21019 Rev 8/2019 00 30 Ol BID FORM Basis of Bid Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EX'T'ENDED QUANTITY AMOUNT Base Bid Part A-General(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Al Mobilization and Demobilization (Not to exceed 5%) LS 1 61,804 61,804 A2 Bonds and Insurance AL 1 22,858 22,858 84,662 SUBTOTAL PART A-GENERAL(Items Al thru A2) Part 8-MECHANICAUELECTRICAL(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) B1 Demolition of Boiler/Pump/Mech Room Piping LS 1 11,546 11,546 B2 Demolition of Chilled Water Pumps/Mech Room Piping LS 1 6,229 6,229 B3 Demolition of Piping in Museum LS 1 17,002 17,002 84 Provide Natural Gas Boilers/Vents LS 1 120,462 120,462 B5 Provide Chilled/Heating Water Pumps,VFDs,Accessories LS 1 164,198 164,198 B6 Provide Heating Water Piping/insulation in Mech Room LS 1 79,729 79,729 LS 1 101,038 101,038 B7 Provide Chilled Water Piping/insulation in Mech Room LS 1 370,849 370,849 B8 Provide Chilled/Heating Water Piping/insulation on Roo# LS 1 B9 Provide Chilled/Heating Water Piping below Ceiling 179.218 179,218 B10 Provide/Modify Controls L5 1 77,194 77,194 B11 Provide Chemical Treatment LS 1 2,898 2,898 B12 Provide Natural Gas Piping System LS 1 1,596 1,596 813 Electrical Demolition in Mech Room LS 1 11,013 11,013 B14 InstallDisconnects/VFD LS 1 21,253 21,253 1,164,225.00 SUBTOTAL PART B-MECHANICAL/ELECTRICAL(Items B1 thru B14) Part C-ROOFING(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) Bid Form 00 30 01-Page 2 of 6 Museum of Science and History MEP/21019 Rev 8/2019 00 30 01 BID FORM Item DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDED QUANTITY AMOUNT C1 Roofing Repair/Modification LS 1 87 464 87,464 SUBTOTAL PART C-ROOFING(Item Ci) 87,464 Part D-ALLOWANCES(per SECTION 0129 01 MEASUREMENT AND BASIS FOR PAYMENT) D1 Allowance A-Unforseen Conditions AL 1 $ 75,000.00 D2 Allowance B-Permits AL 1 $ 16,000.00 SUBTOTAL PART D-ALLOWANCES(Dl THRU 132) $ 91,000.00 BID SUMMARY TOTAL PROJECT BASE BID(PARTS A THRU D) 1,427,351.00 Bid Form 00 30 01-Page 3 of 6 Museum of Science and History MEP/21019 Rev 8/2019 Capital Improvement Flan 2019 rhru 2023 City of Corpus Christi, Texas Project# 21019 Project Name Museum of Science and History-Cooling &Heating Type Improvement/Additions Department Public Facilities of N�E snl 4STORY Useful Life 10 years Contact Director of Asset Management Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe Status Active Description Project will replace the chilled and heating water piping at the Museum of Science facility. Remove all existing chilled and heating water piping, and install new piping. Work will include connections to air handlers,VAV box coils,and control devices. Piping will be a combination of PP- R,steel,and copper material. Justification To provide an adequate cooling and heating system for the facility. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 1,000,000 1,000,000 Inspection 99,440 99,440 Design 110,000 110,000 Contingency 100,000 100,000 Engineering Svc 33,000 33,000 Total 1,342,440 1,342,440 Funding Sources 2019 2020 2021 2022 2023 Total Certification of Obligation 1,342,440 1,342,440 Tom 1,342,440 1,342,440 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 456 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project 4 21019 Project Same Museum of Science and History-Cooling &Heating and HIST�IRY = ° Type Improvement/Additions Department Public Facilities Useful Life 25 years Contact Director of Asset Management Category Building Rehabilitation Priority 2 Critical-Asset Condition r Status Active Description The project scope consists of replacing the hot and chilled water system,including the boilers,chillers,associated pumps,and the entire hot and chilled water piping system. Work will include connections to air handlers,VAV box coils,and control devices. Piping will be a combination of PP-R,steel,and copper material. Justification The existing boiler and pumps have failed on multiple occasions,severely impacting HVAC capabilities and presents risks to the building and contents inside.Water leaks,climate control,and humidity control have been common issues during the boiler and piping systems design which can greatly affect the museum's artifacts. The design will resolve the problems the Museum of Science&History is facing and improve energy efficiency. Expenditures 2020 2021 2022 2023 2024 Total Construction/Rehab 1,427,351 1,427,351 Design 63,645 63,645 Contingency 100,000 100,000 Engineering Svc 114,200 114,200 Admin Reimbursement 42,820 42,820 Tom 63,645 1,684,371 1,748,016 Funding Sources 2020 2021 2022 2023 2024 Total Certification of Obligation 1,342,440 1,342,440 Energy Public Property Finance 633645 341,931 405,576 Total 63,645 1,684,371 1,748,016 Budget Impact/Other 71 There is no projected operational impact with this project at this time.Assets Management will continue budgeting annually for ongoing maintenance of the entire facility. .gyri cr� o� 0 t � NoAPORpYEo AGENDA MEMORANDUM xs52 First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreye(a)-cctexas.com (361) 826-3851 Kevin Norton, Director of Utilities kevi n n(a)-cctexas.com (361) 826-1874 Construction Change Order O.N. Stevens Water Treatment Plant High Service Building No. 3 CAPTION: Ordinance authorizing the approval of Change Order Number 24 to a construction contract with PLW Cadagua Partners, The Woodlands, Texas, for additional scope of work that includes Clearwell #1 roof repairs for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project, located in Council District 1, in an amount of$427,951.25 for a total restated fee of $23,843,835.05, with FY 2021 funding available from the Water Fund and amending the Capital Improvement Program. SUMMARY: This ordinance authorizes approval of Change Order Number 24 to a construction contract to provide additional repairs associated with the O.N. Stevens Water Treatment Plant High Service Pump Building Number 3 project. The work includes repairing localized cracks observed in the existing Clearwell #1 roof where water is entering the clearwell from the exterior of the tank. The roof repairs include a five-year warranty. BACKGROUND AND FINDINGS: In August 2016, City Council awarded a construction contract to PLW Cadagua Partners to build the new High Service Building No. 3 and other associated improvements. The project base bid scope included replacement of the existing High Service Pump Bldg. No.1 , with a new 12,700 square foot High Service Pump Building No.3 and rehabilitation of High Service Building No. 2 to provide consistency and facilitate maintenance between both High Service No. 2 and the new High Service No. 3 pump stations. The existing High Service Pump Bldg. No.1 was placed into service over 60 years ago and is experiencing severe deterioration impacting its service reliability and capacity. The High Service Pump Bldg. No.1 is an integral part of Clearwell #1 and sits directly above a portion of the clearwell. The clearwell structure has begun to deteriorate due to its continuous exposure to a corrosive chlorine environment and concentrated loads. The deterioration has resulted in critical structural failures along with substantial leaks. The most notable structural failures are significantly settled roof support column, leaking expansion joints, and foundation and wall cracking. Most of the failures seem to be a result of the cracks, expansion joints, and construction joints leaking and allowing water to erode the soil supporting the foundation. The base bid scope of this project included rehabilitation to address the above scope. However, while performing the inspections to the contracted work, the contractor noticed localized cracks in the interior of the Clearwell #1 roof where rainwater was entering the clearwell from the exterior. As a result, Clearwell #1 is not in compliance with the Texas Commission on Environmental Quality (TCEQ) requirements. Therefore, it is imperative that the roof be repaired. This represents the additional scope of work for the proposed Change Order Number 24. The leakage in the Clearwell #1 is a violation of the TCEQ. With assistance from the design consultant, Ardurra, staff researched options to repair the clearwell roof and stop the leakage. The City received four options for repairs: 1. Tremco Roofing - point roof repairs with a scheduled two-year scheduled maintenance, 2. Tremco Roofing - complete roof replacement with a 15-year warranty, 3. Tremco Roofing — roof restoration with a five-year warranty, and 4. DN Tanks - exterior roof rehabilitation. The best repair option for the City is Option 3 which also includes interim inspections at two-year intervals. The scope is consistent with the City's Capital Improvement Plan to build a new Clearwell #3 in approximately five years that will replace the existing Clearwell #1 and demolish the High Service Pump Bldg. No.1 This Change Order authorizes PLW Cadagua Partners, who is currently mobilized at the water treatment plant to continue construction up to the additional proposed contract amount. If approved the addition of the 75 calendar days will extend the anticipated construction substantial completion date from April 2021 to June 2021. The new High Service Pump Building No. 3 is currently under construction and once completed will have the capability to deliver treated water to the distribution system from the existing clearwell No. 1, clearwell No. 2 and future programmed addition of clearwell No. 3. Additionally, it will enable the City to decommission High Service Pump Building No. 1. PROJECT TIMELINE: The Change Order Number 24 will authorize an additional 75 calendar days to the construction contract. The anticipated substantial construction completion date of the project is June 2021. ALTERNATIVES: As an alternative to approving this Change Order the City could pursue a new stand-alone construction contract(s). This process would likely result in additional construction cost due to inflation and mobilization. It would also result in possible regulatory fines from TCEQ. FISCAL IMPACT: The fiscal impact for FY2021 is an amount of $427,951.25 with funding available from the Water Fund. The Capital Improvement Program will be amended to include the O.N. Stevens Water Plant High Service Building No. 3 project. FUNDING DETAIL: The project funds are available from project savings from the O.N. Stevens Water Treatment Plant Maintenance and Repair operational account in the Water Fund (#4010) and will be distributed to this project. There are savings in water treatment chemical expenditures, caustic chemical costs were significantly lower this fiscal year. The cost savings were transferred to the Construction account for the Water Fund to provide for the funding needed for this project. Fund: Water Fund 4010 (Fund 4010) Mission Elem: Water Treatment (062) Project: O.N. Stevens Water Treatment Plant High Service Building No. 3 (El 1066) Account: Construction (550910) Activity: E11066-01-4010-EXP Amount $427,951.25 RECOMMENDATION: Staff recommends approval of Change Order No. 24 in the amount of $427,951.25, with PLW Cadagua Partners, to repair localized cracks observed in the existing Clearwell #1 roof at the O.N. Stevens Water Treatment Plant. Construction is anticipated to be substantially completed in June 2021. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Change Order No. 24 CIP Page Ordinance authorizing the approval of Change Order Number 24 to a construction contract with PLW Cadagua Partners, The Woodlands, Texas, for additional scope of work that includes Clearwell #1 roof repairs for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project, located in Council District 1, in an amount of $427,951.25 for a total restated fee of $23,843,835.05, with FY 2021 funding available from the Water Fund and amending the Capital Improvement Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Capital Budget adopted by Ordinance No. 032203 is amended to add the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Project. SECTION 2. The City Manager or designee is authorized to execute Change Order Number 24 with PLW Cadagua Partners, The Woodlands, TX for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Project (Project E11066) in an amount not to exceed $427,951 .25. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor " PROJECT LOCATION b SCALE: N.T.S. d VICINITY MAP msr NOT TO SCALE PROJECT LOCATION NUECES RryER 624 AN NAVI LLE vOF F 77 G�TON o OORR/OOR U W z Q o $ tF CORPU Op o qR0 L U a ROBSTOWN z 44 44 CORPUS CHRISTI O INTERNATIONAL Q AIRPORT U 358 Q z N W N N 5 M O�� to 0� 0 LOCATION MAP NOT TO SCALE Project Number: E11066 .... ....... ... .... O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT HIGH SERVICE BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES n '. .�._._.. " 11 r ° IA m � a ' 6 SCALE: N.T.S. m F CLEARWELL #1 uwr H .S PUMP a - . ¢ocl) BLDG . #3 w O.N. STEVENS WATER TREATMENT PLANT ~y P � e yW , 7. v a � � rt r r . o »9 � M u y, d / r M f V „ A AERIAL MAP ►� Project Number: E11066 O.N. STEVENS WATER TREATMENT PLANT CITY COUNCIL EXHIBIT HIGH SERVICE BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS VONA DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 1&, CHANGE ORDER NO: 24 CHANGE ORDER DATE: 4/14/2021 PROJECT: ONSWTP High Service Bldg.#3 PROJECT NUMBER: E11066 CONTRACTOR: PLW Cadagua Partners ORIGINAL CONTRACT TIME: 1065 CD's ENGINEER: LNV,Inc. Make the following additions,modifications or deletions to the work described in the Contract Documents: ADDITIONS Quantity Unit Unit Price Total RFP 45:RFI 153-Clearwell#1-Roof Repairs 1 Clearwell#1-Roof Repair 1 LS $ 427,951.25 $ 427,951.25 Additional Contract Time due to:Added Scope of Work 75 DAY $ - $ - Additions Total: S 427,951.25 DELETIONS none 1 n/a 0 LS $ - $ - Deletions Total: $ - Additional Calendar Days requested 75 NET TOTAL OF THIS CHANGE ORDER: $ 427,951.25 Why was this Change necessary: This Change Order repairs localized cracks observed in the existing Clearwell#1 roof where water is entering the clearwell from the exterior of the tank and includes a 5-year warranty for the proposed restoration.This additional scope item would be added to the work being performed for the O.N.Stevens Water Treatment Plant(ONSWTP)High Service Pump Building No.3 project. The compensation agreed upon in this Change Order is full,complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown,foreseen or unforseen at this time,including without limitation,any cost for delay,extended overhead,ripple or impact cost,or any other effect on changed or unchanged work as a result ofthis Change Order. Original Contract Amount $ 21,650,000.00 Total Change Order Contingency Amount(25%) $ 5,412,500.00 Remaining Available Contingency Amount(including this CO) $ 3,218,664.95 Previously Approved Change Order Amount $ 1,765,883.80 Proposed Change Order Amount $ 427,951.25 Revised Contract Amount $ 23,843,835.05 Percent of Total Change Orders(including this CO) 10.13% Original Contract Time for Substantial Completion 1065 CD's Notice to Proceed Date 10/3/2016 Original Substantial Completion Date 9/3/2019 Previously Approved Change Order Time 587 CD's Additional Time on This Change Order 75 CD's Revised Contract Time for Substantial Completion 1727 CD's Revised Substantial Completion Date 6/26/2021 REVIEWED BY: Initial Date REQUESTED BY:PEW Cadagua Partners Eng.Proj.Specialist Stephanie Garcia SACT 4/14/2021 Constr.Supervisor Arnie Wojtasczyk ADW 4/14/2021 Constr.Inspector Jim Boyle J.B. 4/14/2021 Constr.Sr.Project Mgr. Victor Vargas V.V. 4/14/2021 Emilio Lopez Pacetti Date Vice President CITY OF CORPUS CHRISTI FUND: 4010-062 n/a ACCOUNT: 53021.5 n/a RECOMMENDED BY: ACTIVITY: E11066-01-4010-EXP n/a Brett Van Hazel Date AMOUNT: $427,951.25 n/a Construction Engineer RECOMMENDED BY: APPROVED BY: Jeffrey Edmonds,P.E. Date Michael Rodriguez Date Director of Engineering Services Chief of Staff RECOMMENDED BY: APPROVED AS TO Eddie Houlihan,Director Date FORM:Kent Mcilyar Date Management and Budget Assistant City Attorney Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# E11066 Project Name ONSWTP High Service Building No.3 Type Improvement/Additions Department Water Department I1 Useful Life 40 years Contact Director of Water Utilities Category Water Distribution Priority 1 Critical-Health&Safety Status Active �� Description This project provides for construction of a new High Service Building as the repair/replacement of existing High Service Building No. 1, including equipment,is not feasible nor cost effective. This project will replace four(4)existing tilting disc check valves(TDCVs)and all existing Multiline Motor protection relays(MRP)at High Service Building 92 to provide consistency and facilitate maintenance between both High Service No.2 and High Service No.3 Pump Stations as well as provide repairs to the roof of Clearwell 1. New High Service Building No. 3 will have capability to deliver treated water to distribution system from existing Clear-well No. 1,Clear-well No.2 and future programmed Clearwell No3. Completion of this project will enable the City to decommission and take High Service Building No. 1 out of service. Justification Consistency with the Comprehensive Plan:Policy Statements pp.48: 1,3&6;pp.55-57;Water Master Plan Constructing a new High Service Building No.3 will allow the plant to continue uninterrupted treated water delivery and have the ability to operate with new elevated storage tanks that are planned in compliance with Texas Commission on Environmental Qualities Alternative Capacity Requirement(ACR). Prior Expenditures years 2021 2022 2023 2024 Total Construction/Rehab 23,415,884 427,951 23,843,835 Testing 113,951 113,951 Design 3,535,316 3,535,316 Other 923 923 Engineering Svc 451,155 34,236 485,391 Admin Reimbursement 239,813 12,839 252,652 Total 27,757,042 475,026 28,232,068 Prior Funding Sources years 2021 2022 2023 2024 Total Revenue Bonds 27,757,042 27,757,042 Water Fund 475,026 475,026 Total 27,757,042 475,026 28,232,068 Budget Impact/Other 71 There is no projected operational impact.On-going maintenance costs are budgeted. so GO O� U NCOHP00.Pt' 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of April 27, 2021 Second Reading for the City Council Meeting of May 11 , 2021 DATE: April 16, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance and Business Analysis Heatherh3@cctexas.com (361) 826-3227 Approval for the resale of 18 foreclosed properties CAPTION: Ordinance authorizing the resale of 18 properties for $111 ,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. SUMMARY: Nueces County, as trustee for each of the taxing entities, has received offers to purchase properties that have been foreclosed upon for failure to pay ad valorem taxes. The governing body from each of the taxing entities (the City of Corpus Christi, Nueces County, Corpus Christi Independent School District, and Del Mar College) must approve the offers for resale. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If no one is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, place a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of 18 properties at the bid prices listed in Exhibit B. Each of the 18 properties was reviewed by Engineering, Planning/Environmental and Strategic Initiatives (ESI), Grant Monitoring, Parks and Recreation, and the Homeless and Housing Division of the Human Resources Department for potential City use. No properties were identified to be pulled. Winning bids were submitted on five properties by Carrvino Development, LLC, eight properties by Thanksgiving Homes, and five properties by an individual. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off outstanding court costs. These costs are associated with the underlying lawsuits. The remaining funds are then applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties listed so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: Not approving the ordinance to move forward with the sale of the properties. FISCAL IMPACT: The City will receive $12,528.58 in delinquent tax revenue for the sale of the properties and an additional $19,833.80 for partial payment of demo liens, for a total of $32,362.38 in revenue. However, the $32,362.38 in net proceeds from the sale are first applied to pay off the outstanding court cost and then to reimburse the City its pro rata share of unpaid demo liens. For the demo liens, depending on the source of the expense, the proceeds will either be deposited into the City's General Fund or the CDBG grant fund associated with the expense. In addition, this sale will restore $353,724.00 in taxable property value to the tax rolls. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Tax Resale Property List Exhibit B — Breakdown of Tax Resale Property Lists Letter from Linebarger, Goggan, Blair & Sampson, LLP Ordinance Ordinance authorizing the resale of 18 properties for $111,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of 18 properties listed on the attached and incorporated Exhibit A for $111 ,700.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $12,528.58 plus $19,833.80 for partial payment of City paving and demolition liens. Section 2. The Nueces County Judge is authorized to execute a resale deed for each property upon payment to the City of the City's share of the tax resale proceeds. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paula M. Guajardo City Secretary Mayor DISTRIBUTION OF PROCEEDS FROM PROPOSED TAX RESALE OFFERS ITEM TAX ACCOUNT PROPERTY ADDRESS AMOUNT OF NUECES CITY OF CC CC PAVING& CCISD TULOSO DEL MAR COSTS OF TAXABLE NO. NUMBER OFFER COUNTY DEMO MIDWAY SALE VALUE 2170 2277-0006-0220 3025 GREENWOOD $1,000.00 $0.00 $0.00 $686.67 $0.00 $0.00 $313.33 $6,745.00 2171 8409-0010-0150 2841 MARY ST $2,500.00 $72.10 $84.20 $0.00 $180.81 $36.39 $2,126.50 $7,813.00 2241 7891.0006-0250 805 ELEANOR $500.00 $0.00 $0.00 $142.95 $0.00 $0.00 $357.05 $2,998.00 2244 8529-0001-0070 2513 MARY ST $2,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $9,375.00 2261 5324-0001-0025 1022 25TH ST $4,000.00 $104.90 $135,04 $1,597.11 $281.80 $57.66 $1,823.50 $12,031.00 2272 7634-0003-0460 704 FRANCESCA $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500.00 $3,125.00 2298 8289.0014.0240 4846 FRANKLIN $4,500.00 $227.51 $308.24 $584.48 $634.43 $130.84 $2,614.50 $6,875.00 2309 9307-0010-0130 2313 MARY ST $3,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,000.00 $9,375.00 2310 4570-0004-0100 1505 COAHUILA $2,200,00 $32.80 $40.04 $87.20 $84.26 $17.20 $1,938.50 $5,616.00 2319 4740.0006-0050 1129 GOLLA DR $4,500.00 $96.17 $111.14 $1,032.21 $236.74 $49.24 $2,974.50 $7,087.00 2345 2451-1303-0470 163016TH ST $4,500.00 $274.69 $372.16 $705.69 $765.99 $157.98 $2,223.50 $7,813.00 2346 4007-0002-0130 3007 RUTH ST $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $5,625.00 2348 7891-0005-0380 814 ELEANOR $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $500.00 $3,125.00 2367 9313-0000-0240 829 OMAHA DR $4,500.00 $206.40 $248.69 $1,132.08 $252.44 $107.89 $2,552.50 $7,436.00 2373 0072-0010-0130 3601 STINSON $15,500.00 $2,458.66 $2,724.95 $0.00 $6,215.93 $1,129.46 $2,971.00 $50,334.00 2375 2996-0001-0310 4738 BLACKJACK $25,000.00 $2,799.23 $3,695.34 $5,402.36 $7,634.39 $1,601.68 $3,867.00 $90,947.00 2376 3416-0007-0110 2617 Mc CAIN DR $16,000.00 $1,084.07 $1,224.65 $7,103.44 $2,966.35 $525.99 $3,095.50 $35,825.00 2378 4188-0003-0080 829 LANTANA ST $20,000.00 $2,714.48 $3,584.13 $1,359.61 $7,413.54 $1,549.74 $3,378.50 $81,579.00 TOTALS $111,700.00 $10,071.01 $12,528.58 $19,833.80 $23,700.33 $2,966.35 $5,364.07 $37,235.88 $353,724.00 LINEBARGER GOGGAN HAIR AND SAMPSON,LLP March 31,2021 EXHIBIT B TAX RESALE PROPERTY LIST F1CiTy's Portion of Item# Suit Number Property Location Amount of Bid CiTy's Portion CiTy Paving and Demo Liens 1 2170 2014DCV-2777-G 3025 Greenwood $1,000.00 $0.00 $686.67 2 2171 2015FVB-1844-B 2841 Mary St. 2,500.00 $84.20 $0.00 3 2241 2013DCV-2615-H 805 Eleanor 500.00 $0.00 $142.95 4 2244 04-5798-A 2513 Mary St. 2,000.00 $0.00 $0.00 5 1 2261 2015DCV-2870-C 1022 25th St. 4,000.00 $135.04 $1,597.11 6 2272 2015DCV-2902-C 704 Francesca St. 500.00 $0.00 $0.00 7 2298 201ODCV-4192-E 4846 Franklin St. 4,500.00 $308.24 $584.48 8 2309 201lDCV-2517-E 2313 Mary St. 3,000.00 $0.00 $0.00 9 1 2310 2012DCV-0852-E 1505 Coahuila St. 2,200.00 $40.04 $87.20 10 2319 2012DCV-3752-H 1129 Golla Dr. 4,500.00 $111.14 $1,032.21 11 2345 2015DCV-2279-H 1630 16th St. 4,500.00 $372.16 $705.69 12 2346 2016DCV-5493-H 3007 Ruth St. 1,000.00 $0.00 $0.00 13 2348 211DCV-2181-C 814 Eleanor 500.00 $0.00 $0.00 14 2367 2015DCV-2817-E 829 Omaha Dr. 4,500.00 $248.69 $1,132.08 15 2373 10-1224-D 3601 Stinson 15,500.00 $2,724.95 $0.00 16 2375 2015DCV-5600-B 4738 Blackjack Pl. 25,000.00 $3,695.34 $5,402.36 HM 2016DCV-2007-A 2617 McCain Dr. 16,000.00 $1,224.65 $7,103.44 2016DCV-6296-H 829 Lantana St. 20,000.00 $3,584.13 $1,359.61 Total S 111.700.00 S 12.52R.SS S 19.833.80 LINEBARGER GOGGAN BLAIR& SAMPSON, LLP ATTORNEYS AT LAW 500 N. Shoreline Blvd. Suite 1111 (78401-0357) P. O. Box 2991 Corpus Christi, TX 78403-2991 (361) 888-6898 (361) 888-4405 -FAX March 31, 2021 Heather Hurlbert, Director Of Finance and Business Analysis City of Corpus Christi P.O. Box 9.257 Corpus Christi, Texas 78469-9257 Re: Consideration of offers received for Tax Resale Properties Dear Heather, As you are aware, our firm represents the City of Corpus Christi in the collection of delinquent property taxes. As part of our overall effort to collect delinquent taxes in the City of Corpus Christi and the other taxing entities in Nueces County, we regularly post properties for tax sale by the Nueces County Sheriff. At the sale, if there are no bidders willing to offer the minimum opening bid amount,the property is"Struck Off'to the Nueces County taxing entities for the amount due against it. A Sheriff s Tax Deed is filed in the name of Nueces County, as Trustee for all of the taxing entities owed taxes on the property. We continue to try to sell these tax resale properties,and when we receive a purchase offer, we bring it forward to the taxing entities for their consideration and action, in compliance with the Texas Property Tax Code. Enclosed please find bid analyses and maps for seventeen tax resale properties for which we have received purchase offers. The enclosed offers represent the best and highest received to date. We respectfully request that you place these offers on the City Council's agenda for consideration and action at their next available regular meeting.If the Council approves all 18 offers as submitted, the City will receive $12,528.58 in delinquent tax revenue, $19,833.80 in payment of Demo liens, and restore as much as $353,724.00 in taxable property value to the tax rolls. We have received multiple offers for several of the properties. If the City Council approves the offers, we will schedule a second auction of these properties with the opening bids set at the amounts approved by the taxing entities.This is the procedure we have used for many years to obtain the best results for our clients. The prospective buyers are all aware of this procedure,it is spelled out in the terms of sale on the Tax Resale Offer Form,which they fill out and sign to submit their offers. If you need any further information regarding these offers,please contact me anytime.My e- mail address is marvinlnlgbs.com, my direct office number is (361) 760-0106, and my cellphone number is (361) 443-1965. Thanks for your help. Sincerely, Marvin Leary Area Manager Enclosures: Bid analyses and maps for 18 tax resale properties � N N N N N N N N N N N N N N N N N N Z Z O W w W w W W W w w W w N N N N N O m ryl V V V V m4�1 4�-- A N N O 1,0 V m .P .P V V D Oo m In w V m m Ul l0 O lD w N F, A O a G z n' W N O lD V A N .P A 1.0 W V In W V W N Z � F-' .P l0 O W 00 O -P V Ln W N m w (n W A N C: D 00 lD V lD O In 4h V O W W N N l0 O V x O oo m m N w F �l I" 0 0 V lD -P � lD F� W � K D O 0 0 0 0 0 0 0 F- 0 0 0 0 0 0 0 0 0 0 00 n G) O O O O O O O w 0 0 0 0 0 0 0 0 0 0 m r) G) O O O F-' 0 0 0 0 0 CD 1, F� O O O O F-� O z 0 w V F, O O In N W m 1� 04�:- W I--' N m O m Z O O O O O O O O O O O O O O O O O O z QJ w N F' w A W w v On O W Am rl) OV Ln U9 N n O O O O O O O O O O O O O U, O O O O w N A w w m W F� N 4h V F, N w N W a N m V m N O m F, In W w O O U9 O w O �u l0 F, W O l0 4�:- O W N O F-' A A N F� In � N O r V 00 �-a O m V O w U'I W m T N W m Ln -0 zr- E: m � rn00 > = > Ull > M 70 a � ^ D D D D D D Z D D D m zn f1 Z Z S r ; S Z m D O D O N In D C Ln N cn N O N ZC D O ;10 > Z n Z r --I Z C7 -I ; G 0 z � D D 0 m rN N GO qj)- D C N F� V} V)- V) t/� ih V)- i/F VA V? V} N O m lJ1 U'I P - tr� � O O V OO O O O O O O O O O O O O O O O O O O O U9 cn Ul O In In N O Ul Um O O In in O O Z z O O O O O O O O O O O O O O O O O O O O T � O O O O O O O O O O O O O O O O O O O m O O O O O O O O O O O O O O O O O O O O O x m -n ih O in- NJ `I-, N N V} tj)- tn. i/} Q Z O O V O -,A �A N N V)- VF N F� t/) O n V F-� W w In O t/)- V)- V w W V)- N in• O V)- V)- V V} C F, l lD 00 m O O � m N O V O � 0 0 NP Z n T O 4�- O N m4�- 0 0 m I, 00 O U9 O W O O O :{ m v m 0 0 0 w V O O F, 0 0 0 0 0 0 V) N V> T IP- t/- O N i/T i/). t/} 4j)- Ln )In In N m V N W V)- W 1-, V} N W N W N A i/? V? V F' .P i/h O V1 W tn• th W V? O 00 AP In pl 00 O O N F� O O 00 O In O O P O TI U9 W w m 0 0 F' N O O N O O O O N O (1 00 W Ln � U9 W O O m 4h4�- 04�:- 0 A 0 0 0 0 () � O C) N N� � t/, .- t/} V} V). D ON 00 W p F, V O V)- U'I Ul I-- m < T w In O O VF W i/,� i/} O W 00 V1 00 Vh lD V, � t)- 00 W lD W N O N O O In N V Opl O V O N O m O Im �P m 0 000 0 0 � NJ FF- O 0 0w0 0 FF- 0 lin 0 � O R° D qj)- x N w V rn V} V> V} in V} io T �I A m N N V N V> m N I-- 0 O F' W �-a l/I tn• tn- m w w th W V1 w t/� in- w V)- fl O w .P Uq N O O U, m -4- 04�- 0 F, O O O O C) D Lo in w lo B O O i0 �-A iv O H O 60 O O bo O U; r W A W W -P� 0 0 lD 4�- m O W 0 0 0 0 N O p rn O to N N C T r p m y o N LU w u, U, to I in- Imo'-, t/? WU-I Ul m F-� F-' F' V? V? F-� {h t/� r m 1-1 N O N O iP. V> t/I .P F tn- w V1- LP V} V} W i/) .P l0 In F-� lD V O O V lD V O O O V O O m O O V lD m � Oo O O lD N N O oo O m O O W 0 D V 4�- W W m 1.0 O O W4�:- O 04�:- O m 0 0 W O 70 VF W i/? Vh V)- V)- V)- to V)- V) V) ih VA iii- i/)- to Cl V W W W N NN N N W N LF-, N D N ,� O N w 0 m l0 l �/I Ln O N l0 w O m U9 w O w F-* W In W V lD m V Ul O O N V W O F-' O N O U9 N F� --i L/)00 Ul V F' N O O w A 00 O A O W O V m W D - 00 Ul u, CD o in o o in Ul in o in o in o o in w 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W O W m a n �- Ln 00 W w LM V)- V? i'• {n in- V) V) t/� if)- N Vi_ V) i/)- t11 W Un O O V W Un .--jJ In lD m W N lD N �I m D H V Lnw l0 W A I--' M 00 O Ql W 00 I--� O w w 00 V N V N .p W W N N N 00 V V N W V W F� 4�-- D D OA W U'I V 4�;, m U'I Ln W V m Ln Ln Ln Ln 00 W Ul r N O O O O O O O O O O O O O O O O O O O C W O O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 O m m ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2014DCV-2777-G; Nueces County vs Irma Mancha Tax ID# & Legal: 2277-0006-0220; Lot 22, Block 6, EI Rey Subdivision Property Location: 3025 Greenwood - Corpus Christi Date of Sale: October 4, 2016 Amount Due All Entities: 9,838.04 Amount of Offer: 1,000.00 Cost of Sale: 1,523.50 Current Value: 6,745.00 % of Total Due: 10.16% % of Current Value: 14.83% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $1,467.30 $0.00 $0.00 City of Corpus Christi $1,646.68 $0.00 Corpus Christi Independent School District $3,705.33 $0.00 Del Mar College $686.32 $0.00 City Paving & Demo Liens $2,332.41 $686.67 A VACANT LOT, APPROXIMATELY 41 FT X 134 FT, ON GREENWOOD BETWEEN TARLTON AND DUNBAR. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2170 4 tn4r7 ) l II:IiIU A 77gas.,•.r,M _ .. ., vx •lr..F z�7:rn wna,. x�, .}�yS ply - a^::; tx• - a a° oo rG � c IJ N C C O N N To m O O N U N V 4001 � C cIN N� m N j N 1 o NN c / N/ an N N A% � 0 d p A/y m N No� FiSF N Fy m/ =oY A A N N N / NNOh O A FR••• � N O O N N N O m N w g N � v V Y m FIScµ A u m a ci 3 m V In C K y V Ai(portRd N N N� H• SP Clxyerne St,y rS , ®tt S Pott Aw � Nm m � A N O A N Oo N fJil / 0p\ ut A A N J a � y rr yJr3 rS� W �n J a JSIO. m i N � N � m m 30 N N N n m 0 w G w R �, ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-1844-B; Nueces County vs Margarito Hinojosa Tax ID# & Legal: 8409-0010-0150; Lots 15 and 16, Block 10, Steele Addition Property Location: 2841 Mary St. - Corpus Christi Date of Sale: October 4, 2016 Amount Due All Entities: 5,029.28 Amount of Offer: 2,500.00 Cost of Sale: 2,126.50 Current Value: 7,813.00 % of Total Due: 49.71% % of Current Value: 32.00% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $970.84 $72.10 City of Corpus Christi $1,133.81 $84.20 Corpus Christi Independent School District $2,434.61 $180.81 Del Mar College $490.02 $36.39 A VACANT LOT, 50 FTX 125 FT, LOCATED 2 BLOCKS WEST OF PORT AVE, AND 2 BLOCKS SOUTH OF AGNES ST. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2171 t , f _ C1Y�t � .',i4,,;Y�A.,�,��° �•,Ayy�rr 5 . . .. '�� AJ Y'(p. _•. YS qtr le "MAl- 71 : ".� �. .. '.` .., dam'.,,,,•- - Ao 1— _ .2^ � „u - 'sem .,•�- _�. � \ .• S�J'ui Pies Si m + m Of N N _ N N I— _ _ _ _ m m N N N N O O N N N N N N N N p m O O :r t't�.St -• pl�ft ytl�C1Y(IIPe � Q - r] i V o R' L) -• fJ m ry p O O. O1 O N YOI N tf0] N O O N f� $ o in. o22 o S S g 8 3 3 3 3 3 r E o = g I M N INEULY EU.Y 8 c m o o 82 O O O O N O 9AV Mc IUVA RT PORT N PORT PORT P LU is eMet7 nl; jy z 311(Y-) 12. %!N LSO— r rMO ao N pQ � N � 1 m oop p� phi a�0 N N O m _ NLu;Jii $ if Jul ul r Q N N N o N Q G N N �u J O yy M N O ? O S 8 r I ` N ^ u S v! G o s N J o N W N M I O m O N IV I M ^ N _ I O n N 1A _ CAN- T ... - N N N N N N N N N N N N N N N N N N j � m N M �n Oi yy m N {per m {p tOpp {{.pp- CI � m t ip {mp m m f Npp N M tN,l�M�pp tN�l N m�c011 M M Dnp �i�p!���fpppn {OMpf ���ppppp�� ��pp tp .I t7 M ry ry� N N N� N N N m`l N N N N N N N N N N N N N N N N N N N N N N N N N N N N m `N DOLORES DOLORES DOLORE m m QMN^ O m rtm�l l+/�vn � N.�m � W ��Som r pm t0 m m Q p S m M OD m m r H N N N N N N N N N N p. DI m N N N m m mOf OI m0 -^ OO OO. O O �� �^ `�' mm N.N NNN mNN N M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 8r S S S O O p S O S S S 86 S S p O SSS O 8880 O S O S c j n ^p rrpn p np n r r 1 O N 8S 8O O M m m N N N N W 0 m m N m N W S G p N T m til O r C S M m l 4 f o NtOm `M° ommmmm m.. m, w m n .m ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2013DCV-2615-H; Nueces County vs Ophelia Munoz Tax ID# & Legal: 7891-0006-0250; Lot 25, Block 6, Seikel Addition Property Location: 805 Eleanor - Corpus Christi Date of Sale: April 3, 2018 Amount Due All Entities: 26,548.43 Amount of Offer: 500.00 Cost of Sale: 3,457.50 Current Value: 2,998.00 % of Total Due: 1.88% % of Current Value: 16.68% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $2,108.26 $0.00 $0.00 City of Corpus Christi $2,436.61 $0.00 Corpus Christi Independent School District $5,210.88 $0.00 Del Mar College $1,069.42 $0.00 City Paving & Demo Liens $15,723.26F $142.95 A VACANT LOT, APPROXIMATELY 25 FTX 96 FT, ON ELEANOR ST, BETWEEN AGNES AND MORGAN, NEAR ZAVALA ELEMENTARY SCHOOL.. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2241 4 't s r �� '� `_;�� � � .> '� .1, _ � "r`.w _ = � ..__ —•„! git ri W'tl , s Cn y� w t .. i m 471 ZFm m N A r OSA SI CSAGL S130VSO '= q WW m V m O C ti I rT O O O O SN O S O S O S O S O m m W m m m � m fJG O m N N ONi W O y. OwC fwll A � NO V a aONV313 ELEAN01i ST IJONV313 LFANOR ST ELEANOR Sl N N N N N N N N N N N N NO N N N p O O 8 O O O S O 8 O O O O S S O O O O S S 5 O O O 0 S D� Ql fp N N X `y R l L V VS313 L to S313 Cortez St _ lropu I N O G C O O N N C NO 0 p O JI 8 O O O O O O O O O S j V�V � � V :hdl`e nGC SI m OVD J V J V m V V V Hiawatha Sl A w O V ^.l _7 u VOS30NVad PRANCESCAST m U Ivtoluyrk Si C Csage SI Eleanor St ?• Elesl$t A Fn r>,;es'ca SI N iiolores St -- D unca n St �y K St N X itlnSt A HibccLs St C Harmon Avc m W 25th Si C 5131 nl�rG - WSUO-A&V 0 DOLORES Sl S3 — c 23rd //y ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 04-5798-A; Nueces County vs Francisco Azua Tax ID# & Legal: 8529-0001-0070; Lots 7 and 8, Block 1, Summit Addition Property Location: 2513 Mary St. - Corpus Christi Date of Sale: May 1, 2018 Amount Due All Entities: 44,535.74 Amount of Offer: 2,000.00 Cost of Sale: 2,255.50 Current Value: 9,375.00 • of Total Due: 4.49% • of Current Value: 21.33% Entity Name Amount Due Amount You Will Each Entity Receive FALSE $4,218.50 $0.00 City of Corpus Christi $4,673.94 $0.00 Corpus Christi Independent School District $10,913.13 $0.00 Del Mar College $1,817.54 $0.00 City Paving & Demo Liens $22,912.63 $0.00 A VACANT LOT, 50 FTX 150 FT, LOCATED 2 SOUTH OF AGNES ST BETWEEN 19TH ST. AND PORT AVE. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2244 . l � �„� ,p����•%�arm.. ��- Y i C�..` '� ` Lt::' ,.' ,:_ �.. ' '.�iy., �. =,� - •:Sir Ni- y� riA�1 W-7- lit, .y �; �.? ,mss;. ,ti• g�'ta � _ � _ ... �„ r� t� *t • � G• "' m �n' rn N� m m m o^ mom �' dpi m m m f ' .x m mm mmmm mm m m�}m N A N N N s Staples St I uni j - - :r 19TH r.' 19TH 19TH 19TH 19TH e iG 11th 51 '" m 0 1211h SlIN - ., S �nlee 91".da a 1}♦`,� N r L� 1 Ww ....-. t } m I L r _ - W K omi m J M1 N i N 't M Q .�.. L m 1 O V fl y r t� a N O n N m 1 H•'N 29T2oTH l 20TH y mu IS C: CK N • 'CWF` �� J I O -_.. N -.N " g m 0 H W a N 2A1!t'I'JIOII•, ., Z 21ST Qq n b0.. IS .. 8 N m O N N 21ST 21ST 21ST S 21ST % W 1312 N O N: " 8 � S• S O N N � N p p N N „ 22ND LU r m IBJ p ' b N N n K m 1. H O r m i L N O m o o 0 23RD ;mn�e 23 N � m QZ m N m o m o l'r m C� N N N p N O m M m m S N a S- 0 1baLU JTYER S BLU N: ER N N N N N _ CN Omi ONi Omi Qr m (7 " m m m m m m a?;�!1'(1'F � BLUNTZER r BLUNTZER m m m m m m $ 837-LNnis CI N N W $ N N I m Nm OWN m x S a l t ry m N a N •- p�N N N < N N N N N N N �� � p N p O O N N N N N N M p MEULY N N m p t p p $ M m o m C $ g $ $ $ $ 4 0 O O N N - 1 P BT PORT " PORT P g N S O O g ON O -HARM A M c 1 ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2870-C; Nueces County vs Constantino Martinez Tax ID# & Legal: 5324-0001-0025; The South One-half of Lot 2, Block 1, Montrose Park Property Location: 1022 25th St - Corpus Christi Date of Sale: November 6, 2018 Amount Due All Entities: 15,983.93 Amount of Offer: 4,000.00 Cost of Sale: 1,823.50 Current Value: 12,031.00 % of Total Due: 25.03% % of Current Value: 33.25% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $770.34 $104.90 City of Corpus Christi $991.69 $135.04 Corpus Christi Independent School District $2,069.52 $281.80 Del Mar College $423.44 $57.66 City Paving & Demo Liens $11,728.94 $1,597.11 A VACANT LOT, 55 FTX 175 FT, LOCATED 2 BLOCKS WEST OF MEMORIAL MEDICAL CENTER. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2261 FYI 14 • ll _ Oil s k V _ _.."1T' a. .^w. a _. ._ "'*�; •,qnn� :._.:;,.k?•,- ..•t^- w " Jtm!SI 2 . J < 0 N $SlaPleS St Q c E S '� N O m� Un m rn I lit sl 12mst .� SN+�ovnlee9��'• 14t'�5� 11�� N m � N �s_ trLho� Z .� _'0.3' 11nnf x lz O rn Loi ix m vi O m r C Yt �rj� `t 1S auu 2.d aye aAp OU16JIA = `-' p r KOKERNOT 1S!ONL7NGM i LLn - u c mst arc v y o I a E z 22ND 22ND 22ND U o 6 C S S g o a o o S p x N N I LL N < v a v N m N N N N N N ap pV � v $ $ 23RD 23RD BAYLOR O LL _. m m ov NO m ' n n m NI NCS'AA13d(10.11 n' I N BLUNTZER -+ BLUNTZER gA Ip � IMG m N m N m N N N 26TH STH - - 25TH 26TH s m O N O m to $ - m O gj N N N � N ORT PORT PORT PORT P _ Ud O o I N N m Q O I N \ M O O m V ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2902-C; Nueces County vs Arturo Montes Tax ID# & Legal: 7634-0003-0460; Lot 46, Block 3, San Pedro Addition to Corpus Christi Property Location: 704 Francesca St - Corpus Christi Date of Sale: July 2, 2019 Amount Due All Entities: 6,951.16 Amount of Offer: 500.00 Cost of Sale: 2,215.50 Current Value: 3,125.00 • of Total Due: 7.19% • of Current Value: 16.00% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $1,232.28 $0.00 $0.00 City of Corpus Christi $1,342.94 $0.00 Corpus Christi Independent School District $3,109.33 $0.00 Del Mar College $524.81 $0.00 [City Paving & Demo Liens $741.80 $0.00 A VACANT LOT, APPROXIMATELY 25 FTX 100 FT, ON FRANCESCA ST, BETWEEN AGNES AND MORGAN, NEAR ZAVALA ELEMENTARY SCHOOL.. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2272 4a- 704 FRANCESCA ST 2272 1y 1 .Al- A 0 - .. �NNX•44051 y n,. _ Y z� 1 _:Nr, .,p�g '4 y� Fye 6 t�:'eF 4 ICiY�M1�Y..'• H.8 N N A m m HONV313HONV313 L_EANM ST Nt RSI I:.Lr_aNOK ST J � ._$. a mm U + + + + m m m m m m + m m m m0 O O < m m d O O O O O N S O m O O d �p A C i VS313 L " - S313 Eu_SAyg l3 O S S S �S O O O p N O O O S 8N O CC O mm mm I'o 00 O G O O O_ O S C N V W m m O V m m m m U X pN N 8N 8N S pN NO N NO NN � N I.Np., Op O 8 O 8 o S O S O a j j NVV V V3S3DNVad 'RA�CESCA ST VOS33NVad `RANCI_SCA ST C f N N h fmif N O mN N m A N m A V w C NN �p p�j fmm.1 W W W VV W Omo m � + N m �p L S3aID,= s3aoloa POLORLS ST pLORES RT DOLORES ST a V C �..W__ W r m m V m A W -• O �O m V y n N N N m N mmm pND N mN �1- j mwatha St C N _ � O V1 to hiclxa.k St a DUNCaN S' NVONr1a NVONrta ` Osage St Eieanol Sl 7,• Elesa St ,d 2Fnwesca St N Duncan St yy b" a St I W m l: N m St A c IT $ Htl,.cw St ^m' _ D HaimonAvc t. g Z 4 N W J illy Sl O w 0... ... � 251)Si N S riturt_r St ® Ci A _ }'C � 21_ tit 20th SI �. ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2010DCV-4192-E; Nueces County vs Diana R Gomez Tax ID# & Legal: 8289-0014-0240; Lot 24, Block 14, Southside Addition Property Location: 4846 Franklin St - Corpus Christi Date of Sale: November 5, 2019 Amount Due All Entities: 24,988.53 Amount of Offer: 4,500.00 Cost of Sale: 2,614.50 Current Value: 6,875.00 % of Total Due: 18.01% % of Current Value: 65.45% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $3,015.15 $227.51 City of Corpus Christi $4,085.07 $308.24 Corpus Christi Independent School District $8,408.09 $634.43 Del Mar College $1,734.06 $130.84 City Paving & Demo Liens $7,746.16 $584.48 A VACANT LOT, 55 FTX 100 FT, LOCATED A FEW BLOCKS SOUTHEAST OF THE AVERS/MC ARDLE RD INTERSECTION, NEAR CUNNINGHAM MIDDLE SCHOOL. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2298 i ra y 4t[`�[._. 1 t . !�1 ^• Si f�'j+�' y�a:.Pg' 411 • - - � ._ ,�.• �:.R�t t.tr ,� ��. xr�f=F - tom: t . me�g' ✓ •� M N �-•' m V A ^a V N ryNj 3 m A V ( O J O N O m t0 � V o O W O m m � 1O m p r Vin. m W 0 01 O� N O O Q1 N \ tp y � m Jr g m \ o m mm O N O �/ b p tN0 fD � � � 8 •O O NNN N m m I O m N op O G N O Op m N a N o 0 O lm0 8 p N np0' C o d 4mVi m N V � ��• m O ' p O ✓S J CJk ^c:. m No � a �• g N Z rn N o � TOitiz- �� m �O fmO N N C mjzO O O m 45 8 O p0 O O � � N O hr•CrV N O v ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2011 DCV-2517-E; Nueces County vs Francisco Cruz Tax ID# & Legal: 9307-0010-0130; Lots 13 and 14, Block 10, Patrick Webb Addition Property Location: 2313 Mary St - Corpus Christi Date of Sale: December 3, 2019 Amount Due All Entities: 23,390.71 Amount of Offer: 3,000.00 Cost of Sale: 3,912.50 Current Value: 9,375.00 % of Total Due: 12.83% % of Current Value: 32.00% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $2,885.95 $0.00 City of Corpus Christi $3,364.42 $0.00 Corpus Christi Independent School District $7,122.02 $0.00 Del Mar College $1,472.30 $0.00 City Paving & Demo Liens $8,546.02 $0.00 A VACANT LOT, 50 FTX 150 FT, LOCATED ON MARY ST., 2 BLOCKS WEST OF 19TH ST., NEAR THE OLD LAMAR ELEMENTARY SCHOOL. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2309 2313 MARY ST 2309 { 777 - y u. Y bsV r� 7 D st Q W ':,,c, n3 c S Staples 51 Z;); I Iit"St c 121h 51 SBtewnleeElvd a _ 141h�� � O1- m� H o r Ix ^ p r --. m m m �I m .m V g N 51. Nm - Ap A A 3 � m 18TH STH l 1 •- �� n ?!.!f I'.Il11611A 7 bO,kOJ 1y?S115\el.�j g __ � ' 0 O� Orn m m m W O^ mf N Oo m p.OOi O0i m i NN N N N N N N N N N N N N N N N N N u _ _19TH 19TH 19TH - 19TH 19TH 19TH m VO N 8 m .-I O Q "F Q W I N N ::E ._ N M M m m O _I o N O A N m N A m I m V m N 20TH 20TH O N 20TH - I 20TH m N S m r o O p O N Q W O O p O N U S r N N N 8 W W c G __a, 21ST N Z umi Q r m N 4 N Q ^O m O m ' N � N � � m Z N N 1�0 N N Q —0 21ST 21ST 21ST N 21ST ISLZ N m m _ o A O N m N O N O O O A o 22Nb , 22ND th �N N t7 mm til N N 2 m I N m y A O I th n N p N m _O m O O IAf-_._- I� 00 O 4 p p J M m O p I p o m o 23RD �il..l.c N N m i N O O i N to th p v 23RD o O m O n 0 D m m N N O m RL ` o N W oo o— 'A o. N Z W O v } Q N m Al_ o u, m BGUNSZER BLUNTZER ---- N ¢SQ yy INTZER :r> BLUNTZER m m m m m _ MWINme - ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2012DCV-0852-E; Nueces County vs Maria Garza Tax ID# & Legal: 4570-0004-0100; Lot 10, Block 'D', Los Encinos Subdivision Property Location: 1505 Coahuila St - Corpus Christi Date of Sale: December 3, 2019 Amount Due All Entities: 36,203.20 Amount of Offer: 2,200.00 Cost of Sale: 1,938.50 Current Value: 5,616.00 • of Total Due: 6.08% • of Current Value: 39.17% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $4,541.31 $32.80 City of Corpus Christi $5,543.53 $40.04 Corpus Christi Independent School District $11,665.01 $84.26 Del Mar College $2,380.72 $17.20 City Paving & Demo Liens $12,072.63F $87.20 A VACANT LOT, 52 FTX 120 FT, LOCATED IN THE LOS ENCINOS NEIGHBORHOOD, OFF GREENWOOD, WEST OF HOLLY RD. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2310 t� J .��� �(�ro. .c. "•it•,ti �a 1 '.! ..'� , ^f 'r, � \` r � :� ','� ;�' a ``_ �*i1 -�c � _ ,. r � s 3�.+� 1• _! b^ L! . 1 � � :'�,� `+?. � n ' i�c � r, �� 'n:, ,c R c 1l-'. 4' �� �,�.. :y�• �. Wi'`'t�s€• ,�,� ��r ,. }:F! sr -� ,� .. -�� _ — . .. _ . �� . � � , . }: _ '. � � +s W ar ,.,, . ,., �` .r �. � ,� I vt �ni �" " M • � \ ,, __ .. ,. .. i `._ '� m± . �,'. _ �i. `�. .. � 4� _ .. . .. _ w; m ... �Cfi, _ cct• B �.s° - - ti , \ \ N .:w+W tih Y-. -VE � N a w � m N N Q1 N {n A Q N W r N t0 m O1 S �• rn �� Omo N A m 0 G f N 01 V A tNp p� O m O1 m rn m m A NO m m O A N m � m Qi pmt A + O to OI V m m m � Qi A OINi m O 4i N m O� Ol N m T T N m V Ol V N _ N � N T m " m m m N V � N Oi A O N m V W m a m N N V m yN QI m Oi V � V 1.1 � o� tAD N N N N m Y N V A m G C C � m o d' y w R w $ •a m m OAp N p O m A O A N N V O O N „ N O V O r N N ID m O N A r m N t0 •O m N J OOi N � O O o m N N oN A N N O N V r m S A o N N N A fNli G N O tNlf m � O N A V IC'L" Q• o N N N a U O N j V Qt* C N A O H O N O N t0 N N N N � N .� •n O � O N � m ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2012DCV-3752-H; Nueces County vs Cue Dee Squyres Tax ID# & Legal: 4740-0006-0050; Lot 5, Block 6, Manchester Place Subdivision Property Location: 1129 Golla Dr - Corpus Christi Date of Sale: December 1, 2020 Amount Due All Entities: 36,901.32 Amount of Offer: 4,500.00 Cost of Sale: 2,974.50 Current Value: 7,087.00 • of Total Due: 12.19% • of Current Value: 63.50% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $2,326.37 $96.17 City of Corpus Christi $2,688.37 $111.14 Corpus Christi Independent School District $5,726.59 $236.74 Del Mar College $1,191.21 $49.24 City Paving & Demo Liens $24,968.78F $1,032.21 A VACANT LOT, 50 FTX 118 FT ON GOLLA DR, LOCATED NORTH OF THE IH-37 @ PADRE ISLAND DR INTERCHANGE. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2319 1129 COLLA DR 2319 K wv^ Ri�Sm�. ,� � �hi t i• �r 1 y .— y�,a� 7, f ,P•, 't. .:_�l"Ki ,.{ ° fit: T1.y '� y i . Y+... � Jfi ' � '� � 1 r' @`� r 1� , �Y '�� � N 9y � �`t� .•y,', yCC �",�A��'* ; ''�i�1.i.". r � ��� v � l;+j ,..,� ;tf � %! �� � 1.r w�� tb i5 q y4',J't¢•{f^ 't.^7,µyi�. -I' i r.� ` .. .- ..'_';7th n•. f. kry..,. -..,;,:' :._. - - - ..- _ r� A { fi N N Q N N m p AAf N f � Nim NAN ' O ONi "+N N N 4mi O m .m O W N t1Nt1� N � T �.. Oi 4'Ai � a t0 ✓T m , Q o qq \ OI OI O T N \ A m J j N a p� A N Opp pN 1p D � pN� N � pAi CNS N A p� N A pN� m Cai N W A I�j N N & AS N m Fm -� mm phi Q1 pA� v A A ONS o /O pN� N N N A rnrn qp N A p� NNN N A I b m s, m ` m .7— LCIntim Rd r MC@RIDE M�@RIDE - 1� rtan Blvd _ N arpa,ell Ln A ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2779-H; Nueces County vs Osbaldo Tapia Tax ID# & Legal: 2451-1303-0470; Lots 47 and 48, Block 1303, Fitchue Place Subdivision Property Location: 1630 16th St - Corpus Christi Date of Sale: February 4, 2020 Amount Due All Entities: 24,988.53 Amount of Offer: 4,500.00 Cost of Sale: 2,223.50 Current Value: 7,813.00 • of Total Due: 18.01% • of Current Value: 57.60% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $3,015.15 $274.69 City of Corpus Christi $4,085.07 $372.16 Corpus Christi Independent School District $8,408.09 $765.99 Del Mar College $1,734.06 $157.98 City Paving & Demo Liens $7,746.16 $705.69 A VACANT LOT, 50 FTX 125 FT, LOCATED ON 16TH ST. BETWEEN AYERS AND MCKENZIE, NEAR WYNN SEALE JUNIOR HIGH SCHOOL. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2345 1630 16TH ST 2345 -t tNY Om >r rtw . Y u rS�.uO^ l�YS��ai ,�''°:'"� e iSQ9 -.. mss. � S db1S m N Seip Ell. o• d�yd S3j�1S 37 N ��Si e,st y.J /dr9s12, 0 .. loth`�� nsi 141h 5 1t N N Li �JbJ LS F t 1 n�.Sti O f1 N M N Q m N N Q N H N O M m N aD n •'- N N n O rj� f � n N m m N A�� N N (�1, t• m m \ pO T � �\ � m N N • _ p Q ^ N N N �� N N N ^���• N Oj Yf N ry t'J G m m N O N N m GO `rcl Q N N N O ai N m yy N N ^ rn v m � N Y. g,A pO. � a• m � C :� N 0 •� ONm1 mN � Ti _O of ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2016DCV-5493-H; Nueces County vs LD Miracle Revival Inc Tax ID# & Legal: 4007-0002-0130; Lot 13, Block 2, Kosar Addition Property Location: 3007 Ruth St - Corpus Christi Date of Sale: February 4, 2020 Amount Due All Entities: 53,108.13 Amount of Offer: 1,000.00 Cost of Sale: 1,951.50 Current Value: 5,625.00 % of Total Due: 1.88% % of Current Value: 17.78% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $2,014.50 $0.00 $0.00 City of Corpus Christi $2,247.76 $0.00 Corpus Christi Independent School District $5,197.91 $0.00 Del Mar College $867.68 $0.00 City Paving & Demo Liens $42,780.28 $0.00 A VACANT LOT, APPROXIMATELY 50 FTX 90 FT, LOCATED AT THE SE CORNER OF RUTH ST @ DOLORES ST., NEAR JOE GARZA PARK AND ZAVALA ELEMENTARY. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2346 300 RUTH - Sr vi r as 1 gg M. - R I. I I i I L_ I I ► I I i it-- i i y I T N N N N N p f Y D N N N N N N N N N N N ••N O O O O O O O O O O O O O O O O O O O_ O O O O S O O O N 01 tNa O V � � N ONi W O A i m [ON ^' V a0 V313 N N N N N N 0 0 0 0 00 0 0 000 00 0 j �!0Y1• � �..� p W OOi fp0 N m m A V O W m U m � NNp O O O 0 0 0 0 0 0 O pN O N 0 0 p O O O 0 0 0 O O O O O O O O O J V V J V V J J J J V V V V V J ' _ Wy m V V T OOi OWi tWl� t01� N A A A 40i N N m N fD O J A m tT N m W O V m m N -H r W o ti � O O 000000 O O `� 0 0 m m m m m J m m m mJJ J m w A A A N N V V V fNil fN0 N fwll m A J W m -i A V C N N N N N N N N N N N N N N N N N N p p 0 0 0 0 O 0 0 0 0 0 0 0 O 0 0 0 O 0 0 0 0 0 0 O O 0 0 0 0 0 O O O O MA N N N N N N O_ ut m A n A C N N N N N N N W N m N m Ut m u C N N_�U.1t W� N_W (�.� (�� .WNi .Oi i -W+ 001 OOi Omi O� OOi OWi OWi Of OOi OWi T OOi -O! N Owl CWi W W W �W�pp W yyp'p W D oa Moloa S3aol0a S (n (O fO f0 m f0 f0 fD [O l0 t0 (O t0 0) t0 m 10 f0 t0 �tO t0 W W w w W W w `"W W W w m m m m m m m m m m m m m m mmmm 01 m a W W W W N N N N N N N N N - ', DG cmC O ,� r r r r r r r i r w 0 w w 0) tp c0 t0 0 0 0 0 0 {D f0 t0 0 W W W op N N N N N N N N N N N N N N N N N N I. (n W y {wjl OOi N m -V m Ol O W A N m _ V J V V V m m m m m m m m m m l0 tp w 6 m m J m 0 O N W A Ot m V m t0 O � N 4 D NVONn na NVONna nn o N m w N m w 0 J N M1 r m J C N � m 0 N N J -N tOif v .VN3Sa3n m .� N" `�, ._...�-ON Rd 2 O CO rte Z St '!p Balboa Sl �O/•5 0 m Ao N W / w a' m W o W SI7i\41Y.e St Virginia Ave erne St y m ro T tm0 X00 tmO tmO N N O 00. 0 N m w O troll m C [' T1 O�n O m A O -O S tG,• ONi m t- 1p N S NV .l'� G C n - 00 C N T `J 0 � w N N J 1 � O r; � v ��S �5.;1V4 ..�' -.lilti•ost; "ZIA ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2011DCV-2181-C; Nueces County vs Abelino Guerrero Tax ID# & Legal: 7891-0005-0380; Lot 25, Block 6, Seikel Addition Property Location: 814 Eleanor - Corpus Christi Date of Sale: June 2, 2020 Amount Due All Entities: 15,586.40 Amount of Offer: 500.00 Cost of Sale: 3,027.50 Current Value: 3,125.00 % of Total Due: 3.21% % of Current Value: 16.00% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $832.24 $0.00 $0.00 City of Corpus Christi $953.02 $0.00 Cor us Christi Independent School District $2,169.90 $0.00 Del Mar College $377.15 $0.00 [City Paving & Demo Liens $11,254.09F $0.00 A VACANT LOT, APPROXIMATELY 25 FTX 100 FT, ON ELEANOR ST, BETWEEN AGNES AND MORGAN, NEAR ZAVALA ELEMENTARY SCHOOL.. THE PROSPECTIVE BUYER IS CARRVINO DEVELOPMENT, LLC OF CORPUS CHRISTI. 2348 ISIM Q �� n cps/�,� ,Q 'S�'4'. f i � *'r�. >�• �- l �iy`��?���c , ;� M .irk a; -�T ►k� , � `''� `'', , w. lT _I • y� T t,. I' • •�t � �: � `fir, 1 R. }, At a m N T N r O V m A O J m O K n Q 41 r OSAG_ST OSAi;L S13SYSO pp1 A OA1 Oi A tN1� d1 O O) m ONj _m m O N N N V m tm0 O " N A ti SNN N j NO C Q O pO O O o O C O tV0 O m N N m iNj O r � � N ONi fNi� O V A � m ELEANOR S1 aaNV313 tLEANOf:ST aONV3l3 ELEANOR ST O O O O O C O 8N 8N O O O O O O O O �tJ�pOp A V O Y 001 t00 N V7 O A V O N Ut I O 0 0 G p OOOTO O O O O O O O O O J V V J J ^ N tJ0 j0 tJp tJO n W N n V �. pAA1 0 OG (Nl1 N OA1 _fAif O J... y Ot �N N fD O V• VS313 S313 N N N N N N N IN p O O U O O O O O $ p O C m Cortez St O O GG p O O - J C m• yy i rope 't ` 0 0 0p o 0 0 o p c ?haelncc SI J. m m oJo J .y � � � •'� � � U' r w m Hiawatha Sl � n ✓ v Zi m a RANCESOA ST c� - VJS30NVad J, v Mohl.4 Sl C _ t`".,aae St ._ .N.._, m l�N1 Eiea nor St > N N VNi N tN0 lN0 tN0 fND ..N. N N N N N N N 9 `$A d„ E lesa St I Fra n-•usca St I;� St�'' uolores St • 0uncan SI s it St ±rs klin SI A �3 c tirl)cc Ui St Ilarmon Ae•c L O N '4 N A tJl1 6f J O O N _ nr wv St s ...-. 25th St ^ m r l S3 00 _m y ;:CY_OnES ST S3aO100 DOLORES ST o id S N ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-2817-E; Nueces County vs Hector Castillo Tax ID# & Legal: 9313-0000-0240; A 54 ft x 167 ft parcel of land (less ROW) out of the Webb Tract, more particularly described by metes and bounds Property Location: 829 Omaha Dr - Corpus Christi Date of Sale: December 1, 2020 Amount Due All Entities: 15,292.90 Amount of Offer: 4,500.00 Cost of Sale: 2,552.50 Current Value: 7,436.00 • of Total Due: 29.43% • of Current Value: 60.52% Entity Name Amount Due Amount You Each Entity Will Receive Nueces County $1,620.81 $206.40 City of Corpus Christi $1,952.84 $248.69 Corpus Christi Independent School District $1,982.29 $252.44 Del Mar College $847.19 $107.89 City Paving & Demo Liens $8,889.77 $1,132.08 A VACANT LOT, 54 FTX 167 FT ON OMAHA DR BETWEEN LEOPARD ST AND IH- 37, NEAR THE UP RIVER RD @ IH-37 INTERSECTION. THE PROSPECTIVE BUYER IS THANKSGIVING HOMES OF CORPUS CHRISTI. 2367 _• A, �. ry. 1 d� �a ; T yIV ] — 3 � �i r -iia 4� -. -, '� •. � �`�� "� ] ��' ^''Y� Y�1�.[C�4th� � t �y] a��" � 1 `frT• t�'.,�1 +�i�b°a � e ` . R f r 03 829 OMAW�DR 2367 w N I r N mO OI N N N H N N m N N p N CANTyyELL N N N m N N N S m m N o N N S G m p C N m m m S N y� V m p N V � NNN mNm N \ O O S N r1 p N J A p N ppp o pS N N N A � N p V LOUIS W N N J N pmp O N w cN i � S OJi V }Q{ N m V W m N m m � oo pSo N !1 CI m p N y & N W p S R VqN j w �N CVR9 N ' � ryHq CR � •\. N O p 8 m o -- . m � J ,bell Fd �NIP rq V r m q r S J m N � H t�r7nh{p� p p O� N S N Sp m N m CNC rj m C o N ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 10-1224-D; Nueces County vs Albert Capetillo Tax ID# & Legal: 0072-0010-0130; Lot 13, Block 10, Airport Park Property Location: 3601 Stinson - Corpus Christi Date of Sale: March 9, 2021 Amount Due All Entities: 27,429.99 Amount of Offer: 15,500.00 Cost of Sale: 2,971.00 Current Value: 50,334.00 % of Total Due: 56.51% % of Current Value: 30.79% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $5,382.80 $2,458.66 City of Corpus Christi $5,965.79 $2,724.95 Corpus Christi Independent School District $13,608.65 $6,215.93 Del Mar College $2,472.75 $1,129.46 A ONE STORY HOUSE IN VERY POOR CONDITION, ON A 50 FTX 125 FT LOT, LOCATED NEAR ROSE SHAW ELEMENTARY SCHOOL. THE HOUSE HAS WOOD THROUGHOUT THE FRAMING AND SIDING. IT ALSO NEEDS A NEW ROOF, HVAC, ELECTRICAL, PLUMBING, AND INTERIOR REHAB TO MEET STANDARDS. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2373 Ar .r• ��! .}t--%8�.'� L it �. }_yam �.� 'i �.a. 1 �y{y,�'i �� t +� Ac r�5PA 1 3 rir� r �, _��.e1�,`y �^ i -•i 1.R'- .- ��'�(r'4 r��' 1 , j� V�'� 7� r y ter. �'� E�r,.rly\ `,e„ ,.� ia•e: i d R cti�_.�� - �_ \ ..y� '{ S !`� _ -�� eL .���1• .. w' •.� eit.� G'Fn117.`�'iS� -�` ¢�a�f,� ,<.�'. i '� ;� -r. r `�r eye 9c,3: f-,{►3C'G^, �'1 r.a'�yi i='w.� 'k{ y�'3^ � �" �. 3 [~S.`�`•k [ `� t � ..Y' �s"tti`j mac' �,`�\ >`y�� .A y 4 }�t 6[i Oma` ��.:7� R � �' .. - .. ,�{- �f�� _ r'�, s:� �!, �'•t .��r�.. 'S"1� ♦ ayY�«'t*/_ S- , '�i F,moi'', ii� _ •q� y'1 ^1 l�-f t a �: '3 _ ♦ pkv, t ^�,.r • '�• � "k <i<". i� 'fie : ti� - A y q KI' _ _ r 11 t e f _ . J r. L41 l x . e al W^9 •� ' r f ♦i.. y�l -�. � e 1 ` ,s. ,: i1.r ,s +"�O � .� t� ;��►dy�t r -__ __ . ..,�� '� � .;1." f�ck} �,y ,�:..7��' r m u. r � r tt _ Jew �r _. r. ':;a !3R!A`¢- --ate, •� � kdi is :.� •.�_ l } -•,.- - `fid` -a 7�F—'- �""=="a � `�' p J , . 9 . , . F j r , tea. • N A A Is 1 _ 1SOd 1SOd ALSOd ` . . �. N A O N T m N O N ( N N (Nlle� O A N V C FT• N ! lWp ylQ N r S W _ T rmu ^t m N v� � � r ti pN N m � N N N N NN N N N N IA VINIDIIIA VINI9HIN c.i?aAAVc VINIONIA tlINID2IlA tlINIJ2lIA TE " A A � a0 N m m m N m ��_ ONu m ONo 0 OND 'm 00 j A W m N N W T O l0 N N 3NN3A3HO - 1 ., RL 3NN3A3HO Nd m m m OD r m m m r A O Ol O A G 00 O O O -ip•- � b N N N W O t0fl N m �' l0 f` lWp C m m N N CD m l V m 00 ' m J 00 m i 0 O Ol m j m m i tNdT NW m! OD m S � 00 N N W V p Ol A tJr W NIC HAIMItl OW N A 0 �lpp pOH OJ Opi OY $ m N N O O O N 0 � � m •�r O Of W C p N N !V W O O �p UWmi O N l0 o mA O SS lDDl�p�pD O m O V V N .a VO N b N 0 N W 0 N r S r - N N J N b A B C 5F Cj N m u N N Arporr Rd W N N ACO G o J C� N INO e� l E3alb:,a St St VIfQ 11 Ch yennc St Y N 4h1 G - '�' A r V ti V N N. !l-A ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2015DCV-5600-B; Nueces County vs Charles R Pennebaker Tax ID# & Legal: 2996-0001-0310; Lot 31, Block 1, Greenwood Park Unit 1 Property Location: 4738 Blackjack PI - Corpus Christi Date of Sale: March 2, 2021 Amount Due All Entities: 44,943.53 Amount of Offer: 25,000.00 Cost of Sale: 3,867.00 Current Value: 90,947.00 • of Total Due: 55.63% • of Current Value: 27.49% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $5,953.12 $2,799.23 City of Corpus Christi $7,858.87 $3,695.34 Corpus Christi Independent School District $16,236.05 $7,634.39 Del Mar College $3,406.30 $1,601.68 City Paving & Demo Liens $11,489.19F $5,402.36 A SINGLE STORY WOOD FRAME HOUSE IN POOR CONDITION, ON A 58 FTX 108 FT LOT NEAR MOODY HIGH SCHOOL. THE HOUSE IS STRUCTURALLY SOUND BUT IT REQUIRES EXTENSIVE REPAIRS THROUGHOUT TO MAKE IT HABITABLE. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2375 �/��/ Pik� by►6%a�0/orr i PWAR- ►Ii' I .iL_"r-. -:;J�k..p. �,�I t� � ,t`-Qjjj�'I � } .Ash.. 'j� •� •��i`�v/ :.,'rr. !. _ ���4.. yid. �� `�\ ������4��`YY.\e� ,/{.r,a�.'��jl� lg:E/ 'C{;' � t�.r0. •f1�s�{•�•/a��"� �.�� "� '�°-... ./ 1 � {� . �{' rii '�� �9� �jr� �Gw1� f`tC� �E`►..�.a,`� �'. L.E'P�;'Or j.: g"��. la•a'�v�blklsy.t���y�P� ��`sr'""�-1c'g' PNr��ril� ,� - - � ,��.�`. -• \1� � 1 ,t'. .� lam'- � 41 1 �p t Liz -lu i mei sImz •y ._ •1 ��,\\ `p ` �f 0 O p V N S a AO �f W l O O N W Omi m O A V S C O O p N Q p O A m N 4Ni � O V tOp iW0 m S A m N m fa m N pAj N � A pNq� W i0 W fOO � O m W N V S N O A S S N O ISO 4Ni V / V tNj m V O N A O S .•l� V A b `(� p �p b m m S N Oo ipp0 � W N W 0 A W V t0 m > N V v IN �K Opi gSTEtio1 N � cASTFNoy N N � 8 0 A o Q S Alohro O N k Barrell Dt JC"\ n'79Eja DI 0 1�♦ y O O m 1 � m N q� R' m m a m W V N O ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2016DCV-2007-A; Nueces County vs Merna Sue Warren Tax ID# & Legal: 3416-0007-0110; Lot 11 and the South 30 Feet of Lot 12, Block 7, Highway Village Section 2 Property Location: 2617 McCain Dr - Corpus Christi Date of Sale: March 2, 2021 Amount Due All Entities: 28,730.42 Amount of Offer: 16,000.00 Cost of Sale: 3,095.50 Current Value: 35,825.00 % of Total Due: 55.69% % of Current Value: 44.66% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $2,413.56 $1,084.07 City of Corpus Christi $2,726.55 $1,224.65 Tuloso Midway Independent School District $6,604.24 $2,966.35 Del Mar College $1,171.05 $525.99 City Paving & Demo Liens $15,815.02 $7,103.44 A VACANT LOT, 145 FTX 182 FT, LOCATED OFF LEOPARD ST, BETWEEN RAND MORGAN RD AND MC KENZIE IN TULOSO-MIDWAY ISD. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2376 t 4 K- 2617 McCAIN DR 2376 y. .t aA., ,Y 77 F .Yy`j4� �Kp � Y`;\ L.\ ��- `.4._'a ) j 7.' (T•"+'R4c�r `�+� •4 2 .t; n'�'+' {zh'" x ��� tt�:+�ri•c `yam t�r„�"r�y �w,�R.a..."'?�:j� h a !A ,a r}s t 1,7°i n .`{Sti♦ 'h' i L ,n ,b���i x^ ♦.a `' roT'i h"+1..,'i'' .�y Y�• `y.,.ci ;, ..• .f, '.•'Ott�. i�.c•4���-Y�bq� �� "t+ _ 5 `t � N _ I � O raj a N O m N N VV Qar' N N m m L m LU a N py zrwNapd N N "�✓ y i� � QP 'm V N v I C�C m m W N Ems' n M Pip m a p 45 p V m m �T'i N N p O V n O �V m eon m Vh pC M N n vmi m m m N N p p O RR A ^m S N N N N N N NIA AIN G N N $flo GAIN ON XLL O m GI.. N m N vl m m m m 0 N N m p 0 O O O O O O O O O O O N O N m Q� O V1 N S N d m 0 N m VI N N O N N O V N O C V V V < < N G O M N N N N N N N N N N N N N N N N N N ^ r p O OUNT TI NTI / o ^ ^m yN & / N m N N N N N N YY V O pp < N N N N N N N N ? N N N N Y N N N O N gY $ B R o BY w , mNN N m m M e 2 m N o! a!� m m m yr u"i M a c Do NI" Fl pr O m W Imo tO �(NI P N N JN 7' pN ? O N W O m O N N m m O _� m _Q iD IO N N N N N N IO � Om V N a N N N N N m J N O ry 1p l0 tp m N n m m � S c1 . O m a•'' O O � N m N m m N ANALYSIS OF OFFER RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: 2016DCV-6296-H; Nueces County vs Sylvia Cuellar Tax ID# & Legal: 4188-0003-0080; Lot 8, Block 3, Lantana Subdivision Property Location: 829 Lantana St - Corpus Christi Date of Sale: March 9, 2021 Amount Due All Entities: 37,573.53 Amount of Offer: 20,000.00 Cost of Sale: 3,378.50 Current Value: 81,579.00 % of Total Due: 53.23% % of Current Value: 24.52% Entity Name Amount Due Amount You Will Each Entity Receive Nueces County $6,239.76 $2,714.48 City of Corpus Christi $8,238.84 $3,584.13 Corpus Christi Independent School District $17,041.50 $7,413.54 Del Mar College $3,562.38 $1,549.74 City Paving & Demo Liens $2,491.05 $1,359.61 A WOOD FRAME HOUSE AND DETACHED GARAGE IN POOR CONDITION ON A 51 FTX 125 FT LOT, LOCATED 1 BLOCK OFF IH-37 @ N PADRE ISLAND DR. THE HOUSE NEEDS EXTENSIVE REPAIRS THROUGHOUT TO MAKE IT HABITABLE AND THE GARAGE NEEDS TO BE DEMOLISHED. THE PROSPECTIVE BUYER IS ALAN QUERIDO OF CORPUS CHRISTI. 2378 '�� � � 1 1 1 � i s r. f ,t r' �7 pt��"-i'��+. �`` � - �� . �� .., �� �� N �, �. r r � 1. — _�._.__ -awe. e.......:.�....,.- __ �. �. __ f _. .. ..,.. ' i i, � � �r t�`�� .ag, �i �_ _� r aa„r .� � � w i' ' r.w w.wl� � � ' . � � � G_ ._. — _, _... r b _;i -, •„��� _ _ f as _ ��: _ , i . �� '_,�, __, � � , ,. .. ,, � . - . _: . _ ,�, ,. i. . ' ,: - _ , - , ' a e �� � _ ' t�j �'a � _ 1'- v.i >A'� � _ e .r, { 11 ._ _ j f�_'��i �'1 �� �yAr.,i � Gig �, R .r�I�. - :� ..r E �'�"�. � ,;�: �. i \4 '{`• ... r� � _ Y ,{ ; a j r / ' 1 { ` Y �.� 1 ' -' ..� r ;. /_ / 1 �f �. c � ,.. � - � �, , � / .. .. -, ,. i d f a'” ." �1I�� / J% I �: � 1 � �t f� � (., d ., � .� t ^� .X �' J o y T w w I O Q� O 3S o m k' m 0 m N N N IV w � S N W � O V N +y m m (J m A Q1 O N N y N m N 5 O N en o c S w M m m m 0 V. � rn c ♦u m w p N N W N aR w In � o 7� o W < N {{pp N N m N fml A � tp t0 J V mm J N � W VNVINV l L wr b/a r.' VNVINVI 7 VNV1NVI VNV1N VNtl�N r� N m 8 m N N N N N N N m T y - O v Corn p;,y m N alas 017Dtl 9s L£HI L£HI 019N 99C AMH L,-waw,Rd PADREI g LEO ARD TO m mL N �Y NNavqatnnRlvrf- .. N ' so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of April 27, 2021 DATE: April 19, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Development Growth Presentation and CCREDC Quarterly Update (1 sl Quarter 202 1) STAFF PRESENTER(S): Name Title/Position Department 1. Al Raymond Director Development Services 2. Daniel McGinn Director Planning & Environmental Svcs OUTSIDE PRESENTER(S): Name Title/Position Organization 1 Iain Vasey President/CEO CCREDC BACKGROUND: Corpus Christi is the 8th largest city in Texas and 59th largest city, by population, in the United States. The City of Corpus Christi population is similar to other cities located along the Gulf of Mexico. In the past years, the City of Corpus Christi has seen an upward trend in population, whereas others have declined. Development Services Department (DSD) creates an environment where development can happen. In collaboration with other agencies, DSD is committed to making Corpus Christi a 21st-century resilient city. Area growth can also be determined by plats, contracts, and building permits. Development numbers that have moved through our department over the last few years: Major Plats (cost determined by base zoning and approximate home value): $524 Million • King's Landing Unit 1 - 124 Acres (Single-Family Residential: London) • Roscher Crossing Estates - 23 Acres (Single-Family Residential) • Grange Park Unit 3 - 20 Acres (Single-Family Residential) • Stonegate Unit 2 - 39 Acres (Single-Family Residential: OCL) • London Towne Units 2-5 - 30 Acres (Single-Family Residential: London) • Royal Creek Estates Units 7 and 8 - 22 Acres (Single-Family Residential) • Mary Carroll HS Tract - 57 Acres (New CCISD High School) • Pin Oak Terminal Tract - 227 Acres (Industrial Use) Major Infrastructure Reimbursement Agreements: 9 Million • London Towne Unit 1 (Water Arterial and Transmission Grid Main) • London Area (Wastewater Master Plan Construction) • Balli Center (Sanitary Sewer Extension) • King's Lake Phase 2 (Force Main and Lift Station) • King's Landing (Wastewater and Water) • Westpoint Crossing Unit 2 (VA Clinic) (Lift Station) Major Commercial Projects: $282 Million • Azali at Wooldridge (240 Units) • Corpus Christi Surgery Center • Avanti at Lipes (105 Units) • Village at Greenwood (60 Units) • Port of Corpus Christi Headquarters • The Alexa Phase II (80 Units) • VA Outpatient Clinic Phase II • New Mary Carroll High School • Del Mar College Southside- STEM • Del Mar College Southside- Culinary • Del Mar College Southside- General Studies • Timbergate Townhomes (150 Units) DSD is undergoing a Master Planning and Impact Study Economic Analysis that will develop long-range master plans and determine where City services should be extended to promote growth. The analysis will assist the City in prioritizing growth, investment, and provide Economic Development Incentives. The Corpus Christi Regional Economic Development Corporation (CCREDC) provides quarterly updates to City Council. In accordance with this practice, the CCREDC will update the Council on its activities and the status of the local economy for the first quarter of calendar year 2021. The last presentation was on January 12, 2021. The CCREDC will update Council on the state of the economy including employment through March of 2021 and the current unemployment rate. They will also update the Council on the projects currently being worked. LIST OF SUPPORTING DOCUMENTS: PowerPoint— DSD Development Report PowerPoint— City Council 1St Quarter Report DSD Development Report City Council April 27, 2021 Plats Major Plats: $524 Million - _ � iR yegeg yytla� JT J -Residential -Commercial - -Industrial . I i Major Infrastructure Major Infrastructure Reimbursement Agreements: $9 Million -Water Arterial and Transmission Grid Main -Wastewater Master Plan Construction _A w -Sanitary Sewer Extension -Force Main and Lift Station 5° -Wastewater and Water extension Commercial Construction Major Commercial Projects: $282 Million -Apartments -Hospitals -Medical Centers -Academic Campuses h!' n��, �>>> p _- .:.� If Fi 7 - Industry Headquarters 4 Analysis Master Planning & Impact Study Economic Analysis Long Term Growth Plan- Develop long-range master plans which would allow the City to prioritize growth and investment. Incentivize Development- Determine where City services should be extended to promote growth within the City and provide Economic Development incentives. Questions? City Council 1St Quarter Report Corpus Christi April 27, 2021 REGIONAL ECONOMIC DEVELOPMENT CORPORATION 'AiiIain Vasey CEcD President/CEO March 2021 Employment by Sector for Corpus Christi MSA Yearly Monthly Mar. Mar. Mar. Industry Change Change + + 2019. 2018 2017 Total Nonfarm -9.500 2.400 191.800 193.500 193.400 195.100 Mining, Logging and Construction -1.600 700 ++ :++ 22,100 24.500 26.000 27.600 Manufacturing -500 0 :++ + 8,600 8.300 8.100 8200 Trade.Transportation,and Utilities 200 300 32,600 32.800 33.100 33.300 Information -21)0 0 ► + 1,600 1.600 1.600 1.800 Financial Activities -100 100 ++ ++ 8,300 8.400 8.100 7.800 Professional and Business Services -1.300 200 ++ ++ 18600 18.900 18.400 16.700 Education and Health Services -1.000 100 ++ ++ 32.400 32400 31.400 31.400 Leisure and Hos italfty -2.300 800 ++ r ++ 25.400 25.700 25-500 26.200 Other Services -700 100 + + 6,300 6.100 6.200 6.700 Government 1.8011 100 0 34.700 34.800 35.300 Unemployment Rate C.C. MSA 8.8% Texas 72% U.S. 6.2% Unemployment Rates 18.0 16.0 14.0 12.0 10.0 8.0 6.0 4.0 2.0 0.0 Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Jan. Feb. Mar. 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2021 2021 2021 Corpus Christi 6.2 15.7 14.7 10.1 10.0 8.4 9.9 8.4 10.0 9.0 9.2 9.4 8.8 -0-Texas 5.1 13.1 12.7 8.9 8.2 7.0 8.2 6.7 8.0 7.1 7.3 7.5 7.2 U.S. 4.5 14.4 13.0 11.2 10.5 8.5 7.7 6.6 6.4 6.5 6.8 6.6 6.2 Area Projects Net Taxable Value ;Taxing Entity 10 Year 20 Year Nueces County $ 60,893,286 111,806,496 "l, BUSINESS ' `Hospital District $ 26,285,304 47,394,906 ,d COASTAL �� City of Corpus Christill147,915,202 817,140,291 A GREAT PLACE TO LIVE AM WORK. Nueces School Districts 261,173,920 451,628,994 Del Mar College $ 25,824,005 17 47,867,469 Type A Effect $ 24,834,069 J 22,448,032Mw , ;San Patricio County 885,574,491 2,624,141,092 ' ;San Patricio School Districts $ 1,203,712,211 �'$ 3,780,590,410 CorpusThese taxes are net of any incentive offered. Assumed the time REGIONAL ECONOMIC DEVELOPMENT CORPORATION to complete schedule doesn't move appreciatively. City of Corpus Christi includes the industrial district PILOT payments Select Major Projects Company Name Capital Investment Jobs Alorica 300 Baker Hughes 4,500,000 115 Bay Vista II 17,960,000 10 COASIAL1r C.C. Cold Storage 2,400,000 s 10 A GREAT PLACE TO LIVE A�6 WORK. Castleton 400,000,000 35 Celanese 150,000,000 106 Chemours � 245,000,000 � 65 Cheniere 4,500,000,000 250 Cheniere � „ 14,500,000,000 250 Commercial Metals Company 25,000,000 55 Cosmopolitan ' 20,000,000 8 EPIC Y Grade 200,000,000 10 Corpus Christi REGIONAL Flint Hills � 350,000,000 . 500 retained Gravity Mid-Stream 200,000,000 ; 25 Gulf Coast Growth Ventures 9,458,000,000 ;; 636 Hausman Foods 2,100,000 52 ECONOMIC R OP . HEB Bakery 17,700,000 388 ICE Engineering 1,400,000 25 � LaVista Pointe 14,000,000 8, Select Major Projects Continued Company Name Capital Investment Jobs Ago � LyondellBassell, M ;, 500,000,000 4kLi18 CC Polymers (M&G Group) 750,000,000 250 Magellan Midstream Partners350,000,000 110 COASTAL MarkWest Javalina 80,000,000 ® 14 A GREAT PLACE TO LIVE AWORK. Occidental Chemical 1,300,000,000 145 Occidental Petroleum 58,500,000 ® 61 �? Oxy Petroleum (MODA) 100,000,000 30 Plains American 100,000,000 14 QSROnline 400,000 27 �`- Rangeland Energy 100,000,000 100 Results 0 50 STX Beef Processors (Sam Kane) , 1,000,000 739 `- Schitt Audio 100,000 25 Steel Dynamics ,AW, 1,800,000,000 ZPF 600 Tex-Isle 50,000,000 �, 100 Topaz Power 860,000,000 60 Corpus Christi TEDA-TPCO America Corp 1,000,000,000 600 REGIONAL `' Trafigura,Martin Mid-Stream 800,000,000 90 DEVELOPMENT CORPORATION Valero 250,000,000 500 retained voestalpine 1,100,000 225 TOTALS 38,209,160,000 5,606 Business Development Dashboard Ferragon Corp, 25 jobs, $10M (on SDI site) SMS Group, 80 jobs (on SDI site) �ASTAL SchiitAudio, 25 jobs, $100K A GREAT PLACE TO LIVE AMD WORK. Feralloy, 100 jobs, $65M Thales, 3 jobs, NIA Cap Ex (TAMU-CC) JM Steel, 50 jobs, $50M (on SDI site) Corpus Steel Dynamics, 600+ jobs $1 .9 B DEVELOPMENT CORPORATION GCGV, 600+ jobs $9.813 Business Attraction Activities Industry Trade Shows and Conferences: BUSINESS • Project Jump Recruitment Trip- CA, April • � Sij� A GREAT PLACE TO LIVE AMD WORK. • MRO Americas (aviation)-April 27-30,Orlando • IAMC-(site selectors)- June, Ft Worth • AIST (steel)- June 30-July 2, Nashville Corpus ECONOMICREGIONAL DEVELOPMENT .•• CCREDC Project Pipeline Projects Jump visited in March Project Blue (steel) and Hightower (plastics recycling)—April visits planned / r 20 Active Projects: COASTAL ' / 1,845 Jobs $11.4 B Cap EX A GREAT PLACE TO LIVE A WORK. Projects Jobs CapEx Sector 7 1010 $11 B Petrochemical 6 535 $222M Steel 1 100 $50M Distribution 3 75 $10M Drones Corpus Christi 1 75 $50M Energy-Recycling REGIONAL ECONOMIC DEVELOPMENT .•• 1 50 NA Adv. Manufacturing Coastal Bend Business Resources Working Group O� Final COVID Economic Impact Survey A GREAT PLACE TO LIVE At�6 WORK. With the American Rescue Plan in action, please let us know current business status by taking the survey. All data collected and analyzed by Dr. Jim Lee, TAMU-CC Multi city/county effort to assess current business and Corpus Christi industry needs and evaluate programs ECONOMICREGIONAL DEVELOPMENT CORPORATION ccredc.com/coronahelp Proactively planning for what the "New Economy" will yield in terms of opportunities and changes to business environment Update the 2015-16 Target Industries Analysis ' • Supply Chain Analysis • Reshoring/Nearshoring 2020-2021 • Economic Diversification (e.g., Petrochemicals, Steel) Projects Options Place-Making (Place-Attachment Survey) • Assess the factors that make region the location of choice for companies & residents • Aesthetics/Projects Ideas • Social & Other Business Conditions Influencing Community "Stickiness Factors" Corpus Christi • Steps to take to stop "brain drain" of young people & RF.ONA11MLN F`°"°""" professionals JtV tLO t>mtNi CORPORnIION • Community Attachment Survey — target 4,500+ responses Looking beyond recovery to create a new era of Charting a opportunity and prosperity for the Coastal Bend Region. New Course A New Horizon Renewed Targeted Industry Analysis, working with regional allies from Victoria to Kingsville and all points in between. • Bring it Home A strategic effort toward onshoring, nearshoring, shortening and y� strengthening supply chains. • Focus Groups Roundtable studies and conversations with industry clusters to connect existing industry to project pipelines • Direct Access Provide data-backed advocacy directly to national, state and local leadership through continued partnerships, surveys and expert analysis. • Place Makin Corpus Christi g RE ,ONAL ECONOMIC Collaborative effort to define, enhance and communicate the EEVELOPMENT CORPORATION Coastal Bend Region as a great place to live, work, play, shop Questions? Corpus REGIONAL ECONOMIC Thank you! DEVELOPMENT . POR . 'AiiIain Vasey CEcD President/CEO so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting April 27, 2021 DATE: March 26, 2021 TO: Peter Zanoni, City Manager FROM: Liza Lopez, Code Compliance Program Manager, Code Enforcement Division, Police Department (Lizac(a)-cctexas.com) (361.826.3170) Building Standards Board Hearing Appeal for 309 Hiawatha Street CAPTION: Resolution denying Raquel Ordonez's appeal, thereby upholding Building Standards Board order to demolish the dilapidated/substandard buildings and structures on the property located at 309 Hiawatha Street. SUMMARY: Ms. Raquel Ordonez has requested the City Council to hear and consider an appeal of a decision of the Building Standards Board regarding property located at 309 Hiawatha Street. BACKGROUND AND FINDINGS: Due to the substandard and dilapidated condition of the residential structure at 309 Hiawatha Street, a hazard to the health, safety, and welfare check was performed on January 28, 2021. As a result of the check, the Building Standards Board ordered the structure at 309 Hiawatha Street to be removed or demolished by the owner, lienholder or mortgagee within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish. Per section 13-24 of the Code, an owner or occupant may appeal a decision of the Board to the City Council. The City Charter, Article VI, Section 2, states that appeals shall be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of the decision. Raquel Ordonez submitted a notice of appeal in writing on February 24, 2021 in keeping with City code. The property at 309 Hiawatha Street is owned by Leonor Palacios. Ms. Palacios has been deceased since December 22, 1995. The property has not had active utilities since 2013. A search of the county probate records did not show that any probate proceedings are pending or had ever been filed for Ms. Palacios. Officer Garza spoke to Esmeralda Rodriguez who advised her grandmother, Leonor Palacios, did not leave a will. At the time of Leonor Palacios death, she was survived by two sons (Cecilio Palacios Jr. and Robert Palacios) and six daughters (Leah Arreola, Angie Abundez, Odula Malone, Delia Hernandez, Minerva Palacios and Nora Innocencio). The appellant, Raquel Ordonez, is the daughter of Nora Innocencio who is an heir to the property. Staff sent all required notices regarding 309 Hiawatha to Nora Innocencio at the California address listed in the tax foreclosure lawsuit and 309 Hiawatha Street. Research conducted by Staff did not reveal that Ms. Innocencio was deceased. However, Staff also sent notices to all of Leonor Palacios' unknown heirs. Ms. Ordonez did not contact Code Enforcement until February 8, 2021 after the Board's order to demolish was mailed out to all owners, Iienholders, potential owners, and heirs. As of 2021, five of Leonor Palacios' nine children are now deceased. Staff was unable to locate any probate proceedings for any of Ms. Palacios deceased children. If Ms. Palacios' heirs died without wills, their children are now possible heirs including Raquel Ordonez. The property would be considered co-owned by all of heirs. There are approximately over 30 potential heirs to this property. There is a current tax lawsuit pending and the amount of taxes owed at this time is $14,969.41. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to deny the appeal (uphold the Building Standards Board order) or to sustain the appeal (reversing the Board's order in whole or in part). Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the City Council to vary the application of any provision of the Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefore. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from date on which the decision of the City Council was rendered. ALTERNATIVES: 1. Sustain the appeal (reversing the Board's order in whole or in part). FISCAL IMPACT: Non-applicable Funding Detail: Fund: Non-Applicable Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Deny the appeal by approving the proposed resolution (uphold Building Standards Board order to demolish the property located at 309 Hiawatha Street). LIST OF SUPPORTING DOCUMENTS: 1. Resolution —Affirming the Building Standards Board order to demolish the property located at 309 Hiawatha Street within 30 days. 2. Final Order of Building Standard Board Case No. V145244-082020 3. Minutes of Building Standards Board Meeting January 28, 2021 4. Case Timeline for 309 Hiawatha Street 5. Spreadsheet of Notices sent 6. Location Map & 309 Hiawatha Street Aerial photo 7. Evidence Photos a) Initial Inspection photos — 09/04/20 b) Reinspection photos — 09/11/20 c) Reinspection photos — 10/16/20 d) Reinspection photos — 12/22/20 e) Reinspection photos — 01/26/21 f) Reinspection photos for appeal — 04/08/2021 8. Notice of Appeal — Raquel Ordonez 9. Notice of City Council meeting — Building Standards Board Appeal Resolution denying Raquel Ordonez's appeal, thereby upholding the Building Standards Board's order to demolish the dilapidated/substandard buildings and structures on the property located at 309 Hiawatha Street. Whereas, the Building Standards Board (the "Board") held a public hearing on January 28, 2021, at 1:30pm regarding property located at 309 Hiawatha Street and after making certain findings ordered the structure or premises be removed or demolished by the owner, lienholder or mortgagee, within thirty (30) days pursuant to the attached Final Order of the Building Standards Board Case No. V145244-082020; and Whereas, the an heir/possible co-owner of 309 Hiawatha Street (the "Appellant") filed a written notice of appeal of the Board's order with the City Secretary's Office on February 24, 2021, in accordance with Section 13-24(a) City of Corpus Christi Code of Ordinances (the "Code") and Article VI, Section 2 of the City Charter (the "Charter"); and Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore, this Council properly has jurisdiction of this appeal; and Whereas, after hearing the evidence, the City Council makes the following findings related to the property located at 309 Hiawatha Street: 1. The Code Enforcement division of the Police Department complied with the procedural requirements for eliminating substandard conditions pursuant to Section 13-22 of the Code; and 2. The Board held a public hearing on January 28, 2021, at 1:30pm. The owner Ms. Leonor F. Palacios is deceased and no one appeared to speak in favor or opposition of staff's recommendation to demolish the structures located at 309 Hiawatha Street. After considering the testimony and reviewing the documentation and information submitted by City staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information, the Board found that the structure or premises could not be repaired because of the refusal of the owner or its intrinsic state of disrepair or both and is dilapidated or substandard and ordered removal or demolition by the owner, lienholder or mortgagee, within 30 days; and 3. The building or structure has a walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the International Property Maintenance Code as adopted by the City of Corpus Christi Code of Ordinances (the "IPMC"); and 4. The building or structure, or any portion of the building, structure or appurtenance has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged, or which cannot be expected to withstand winds of hurricane force and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 5. The building or structure, or any portion of the building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and $. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction,the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 7. The building or structure is clearly unsafe for its use and occupancy and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 8. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building and structure for committing a nuisance or an unlawful act and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 9. The building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 10.The buildings or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, electrical, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that it is likely to cause sickness or disease, including all conditions conducive to the harboring of rats or mice or other disease-carrying animals or insects reasonably calculated to spread disease and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 11.The building or structure, because of a lack of sufficient or proper fire resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 12. The building or structure or any portion of a building or structure remained on a site after the demolition or destruction of the building or structure or the building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public and therefore is considered dangerous and deemed substandard pursuant to section 108.1.5 of the IPMC; and 13.The photos attached of 309 Hiawatha Street further support the finding that the buildings and structures are dangerous and substandard, and 14.Pursuant to Section 101.3 of the IPMC the spirit and purpose of the Code is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Further, existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required in the IPMC; and 15. The Appellant has not alleged or establish that an error was committed by the Board; and 16.The Appellant has failed to establish that the Board's decision would have caused undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Council declares the recitals in the above paragraphs are true and correct. Section 2. The Appellant's appeal is hereby denied. Section 3. The Board's attached order requiring the owner, lien holder or mortgagee to demolish the buildings and structures on the property located at 309 Hiawatha Street is upheld. Section 4. Not applicable unless amendment is made to specifically adopt in place of the aforementioned Sections 2 and 3: The Board's attached Order is modified as follows: PASSED AND APPROVED on the day of 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor r 1 + •' i Code Enforcement Division r police Department 01/28/2021 CERTIFIED LETTER#7017 3380 00000 6319 5821 RE: 309 HIAWATHA ST PALACIOS LEONOR F. 309 HIAWATHA ST. Legal Description:AUSTIN BLK 8 LOT 14 CORPUS CHRISTI,TX. 78405 The Building Standards Board met at 1:30 P.M. on 01/28/2021 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A final order of the Board's decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of the enclosed order. The owner or occupant,or his/her duly authorized agent, may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty(30) days from the date of notice of the Board's written decision which is the date of this letter.This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board, appeal must first be perfected to the City Council. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the City Council was rendered. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at(361)826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V145244-082020 P.O. Box 9277 Corpus Christi,Texas 78469-9277 • (361)826-3046 • http://www.cctexas.com FINAL ORDER OF THE ON E BUILDING STANDARDS BOARD ,. Case Number:V145244-082020 Property Owner(s) RE: 309 HIAWATHA ST PALACIOS LEONOR F. 309 HIAWATHA ST. Legal Description:AUSTIN BLK 8 LOT 1.4 CORPUS CHRISTI,TX. 78405 This final order is issued pursuant to the authority granted to the Building Standards Board("Board")of the City of Corpus Christi, ("City"),Nueces County,Texas in accordance with the Charter of the City,Chapter 13 of the City's Code of Ordinances("Code")and the Texas Local Government Code, On 01/28/2021,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code,on 8/20/2020 an inspection for substandard conditions was made of the building(s)or structure(s)located within the City at the above referenced property; 2. On 9/11/2020 a notice of violation(s)and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally,on 09/11/2020 notice of violation(s)was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was provided and such violation(s)were not cured; 4. Code Official, Diana T.Garza,filed a complaint with the Chairman regarding the above listed property on 10/26/2020, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on 1/5/2021,which was at least ten days prior to the public hearing. Additionally,on 10/26/2020 notice of the public hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate, secure, remove,or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days. if such items of personal property are not removed from the premises within 30 days,they shall be placed in storage for a period of 90 days. During this period,they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. Pg. 1 FINAL ORDER OF THE BUILDING STANDARDS BOARD Case dumber:V145244-082020 The board further finds: The substandard building shall be ordered secured by the owner,lien holder or mortgagee from unauthorized entry within 30 days The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within thirty(30)days.Repairs must be in the compliance with City Ordinance Section 13-22(G), The substandard building or structure can reasonably by repaired by the owner,lien holder or mortgagee,so as to be in compliance with this code,therefore it shall be ordered repaired within_(31 to 90 days)days.Repairs must be in compliance with City Ordinance Section 13-22(G).Further,the owner,lien holder ommortgagee anshall secure the property in a reasonable manner from unauthorized entry while the work is being performed d work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public, therefore it shall be ordered to be vacated within_days.The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty(30)days. _ The substandard building or structure is so damaged,decayed,dilapidated,unsanitary,unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within_days.The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within_days.Work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: The structured or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,is shall be ordered removed or demolished by owner,lien holder,or mortgagee,within thirty(30)days. _ The structured or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore,is shall be ordered removed or demolished by owner,lien holder,or mortgagee,within_(31 days to 90 days)days. OR The Board finds the owner,lien holder,or mortgagee has submitted a detailed plan and time schedule for the work and the owner, lien holder,or mortgagee has establish that the work cannot reasonably be completed within go because of the scope and complexity of the work;therefore: The owner, lien holder,or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work,to wit: The owner,lien holder,or mortgagee shall report monthly to the code enforcement office with progress reports. The above listed property,including structures or improvements on the property,exceeds$100,000, in total value the owner,lien holder,or mortgagee shall post a cash or surety bond in the amount adequate to cover the cost of repairing,removing or demolishing the building or structure not later than the 30"day from the date of this order. pg.2 FINAL ORDER OF THE BUILDING STANDARDS BOARD Case Number:V145244-082020 Art A.RamirezFOR AGAINST Craig S.Loving R GAINST Pete G.Cavazos VWAGAINST David Foster FOR AGAINST Coretta Graham UWAGAINST Lillian T.Helms Q004GAINST ordered on -2 2G2 J Si ed u er uthority of he Board: 4nder the authority of the Board: Vice-Chairperson Chairpe s Filed with the City Secretary on Date Filed vA Rebecca Huerta City Secretary pg.3 } �'/� � - rK ��� a I•.: �l,r ° f i•1- �.1, �A} �. �a '��` Q f�j•: :cl' 'r_ 1 I f AirRI � } If � w b � ` „ww�',I i I-fin', 1 Ma. Y .IP # IV x; IN lop VOW J' .vj '• ti.'�� . I _ [ J • t3. 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Code Enforcement Division M. police Department � 01/28/2021 CERTIFIED LETTER#7017 3380 00000 6319 5821 RE: 309 HIAWATHA ST PALACIOS LEONOR F. Legal Description: AUSTIN BLK 8 LOT 14 309 HIAWATHA ST. CORPUS CHRISTI,TX. 78405 The Building Standards Board met at 1:30 P.M. on 01/28/2021 in the Council Chambers, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. A final order of the Board's decision made on that date is enclosed. The period of time allowed you to comply with the decision of the Board commences from the date of the enclosed order. The owner or occupant,or his/her duly authorized agent, may appeal the decision of this Board to the City Council. Such appeal must be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of notice of the Board's written decision which is the date of this letter.This appeal must state specifically any error alleged to have been committed by the Board or that the decision of the Board would cause undue hardship and state the reasons for the hardship. Prior to the institution of any appeal in a court of law by an aggrieved person from a decision of the Board, appeal must first be perfected to the City Council. The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within fifteen (15) days from the date on which the decision of the City Council was rendered. It may be necessary for you to obtain the proper permits before initiating demolition or repairs as required by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi Texas. Please contact Code Enforcement Division located at 1201 Leopard Street prior to obtaining the permit(s). Please contact Diana T. Garza, Building Standards Board Liaison, if you have any questions regarding this matter. She can be reached at (361) 826-3009. Sincerely, Diana T. Garza Building Standards Board Liaison Code Enforcement Division Attachment: FINAL ORDER OF THE BUILDING STANDARDS BOARD Case number: V145244-082020 P.O. Box 9277 Corpus Christi, Texas 78469-9277 - (361) 826-3046 - http://www.cctexas.com FINAL ORDER OF THE ✓ BUILDING STANDARDS BOARD Case Number:V145244-082020 Property Owner(s) RE: 309 HIAWATHA ST PALACIOS LEONOR F. Legal Description: AUSTIN BLK 8 LOT 14 309 HIAWATHA ST. CORPUS CHRISTI,TX. 78405 This final order is issued pursuant to the authority granted to the Building Standards Board ("Board") of the City of Corpus Christi, ("City"), Nueces County,Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code") and the Texas Local Government Code. On 01/28/2021,the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building located at the above referenced property: 1. Pursuant to the provisions of Chapter 13 of the Code, on 8/20/2020 an inspection for substandard conditions was made of the building(s) or structure(s) located within the City at the above referenced property; 2. On 9/11/2020 a notice of violation(s) and request to correct the violation(s)was sent to the owner and all known interested parties. Additionally, on 09/11/2020 notice of violation(s)was posted in the Corpus Christi Caller Times; 3. Thirty days elapsed since the notice of violation(s)was provided and such violation(s)were not cured; 4. Code Official, Diana T. Garza,filed a complaint with the Chairman regarding the above listed property on 10/26/2020, and the public hearing was held not less than ten days and not more than 45 days after the complaint was filed; 5. Notice of the public hearing was sent to the owner and all known interested parties on 1/5/2021,which was at least ten days prior to the public hearing. Additionally, on 10/26/2020 notice of the public hearing was posted in the Corpus Christi Caller Times; 6. After considering the testimony and reviewing the documentation and information submitted by City Staff and after affording the owner and/or other interested parties the opportunity to address the Board and present testimony, documentation and information the Board finds the building located at the above referenced property is substandard and/or constitutes a nuisance. 7. The City of Corpus Christi will vacate, secure, remove, or demolish the building or relocate the occupants of the building if the action ordered below is not taken within the allotted time. 8. In the event there are items of personal property in the premises to be demolished,the owner is ordered to remove personal property from the premises within 30 days. If such items of personal property are not removed from the premises within 30 days,they shall be placed in storage for a period of 90 days. During this period,they may be redeemed by the owner after all costs incurred in placing the items in storage and all accumulated storage fees have been paid. In the event the property is not redeemed within 90 days the City may cause the same to be sold at auction. The proceeds of the sale shall be used to pay for any costs incurred in the storage of the property and any excess amount shall be set off against the cost of demolition to be charged to the owner. pg. 1 FINAL ORDER OF THE BUILDING STANDARDS BOARD Case Number; V145244-082020 The board further finds: _ The substandard building shall be ordered secured by the owner,lien holder or mortgagee from unauthorized entry within 30 days _ The substandard building or structure can reasonably be repaired by the owner,lien holder or mortgagee,so as to ll be ordered repaired within thirty(30)days. Repairs must be in be in compliance with this code,therefore it sha the compliance with City Ordinance Section 13-22(G). The substandard building or structure can reasonably by repaired by the owner, lien holder or mortgagee,s so o _aRepairs be in compliance with this code,therefore it shall be ordered repaired within (31 to 90 days) y • must be in compliance with City Ordinance Section 13-22(G). Further,the owner,lien holder or mortgagee shall secure the property in a reasonable anner from unauthorized entry while the wrk is being performed accordance with the time schedules estaboshed by the Board,to wit: work n shall be commenced and performed i _ The substandard building or structure is so damaged, decayed,dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within days.The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within thirty(30) days. _ The substandard building or structure is so damaged,decayed,dilapidated,unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public,therefore it shall be ordered to be vacated within_days.The building or structure shall be placarded to prevent occupancy until the building or structure is brought up to all minimum standards of this code within_days.Work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: The structured or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore, is shall be ordered removed or demolished by owner,lien holder, or mortgagee,within thirty(30)days. _ The structured or premises cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard,therefore, is shall be ordered removed or demolished by owner, lien holder,or mortgagee,within_(31 days to 90 days)days. OR The Board finds the owner,lien holder,or mortgagee has submitted a detailed plan and time schedule for the work and the owner, lien holder,or mortgagee has establish that the work cannot reasonably be completed within 90 because of the scope and complexity of the work;therefore: _ The owner, lien holder,or mortgagee is required to regularly submit progress reports to the Board to demonstrate compliance with the time schedules established for commencement and performance of the work,to wit: The owner, lien holder,or mortgagee shall report monthly to the code enforcement office with progress reports. _ The above listed property,including structures or improvements on the property,exceeds $100,000,in total value the owner, lien holder, or mortgagee shall post a cash or surety bond in the amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30th day from the date of this order. pg. 2 FINAL ORDER OF THE BUILDING STANDARDS BOARD Case Number:V145244-082020 Art A.Ramirez AFOR AGAINST Craig S.Loving R GAINST Pete G.CavazosGAINST David Foster FOR AGAINST Coretta GrahamAGAINST Lillian T. HelmsAGAINST Ordered on 1 2 2G2 igned under the authority of the Board: S1 ed u er uthority of he Board: Vice-Chairperson Chairpe s Filed with the City Secretary on Date Filed " s 6?A rP" /L &1111 Rebecca Huerta City Secretary pg. 3 Minutes Building Standards Board Council Chambers, City Hall January 28, 2021 C 1:39 p.m. I. CALL TO ORDER The meeting was called to order by Pete Cavazos at 1:39 P.M. in the Council Chambers on the first floor of City Hall. II. ROLL CALL Board Members Present Lillian T. Helms-WEBEX Craig S. Loving—In Person Pete Cavazos—In Person Coretta Graham -WEBEX David Foster-WEBEX Staff Present Liza Lopez, Code Enforcement Program Manager. Police Diana T Garza, Code Compliance Officer/Liaison,Police Jessica Martinez, Administrative Support II, Police Maria Garcia, Management Assistant, Police Casandra Perez,Administrative Support II, Police Yvette Aguilar, Assistant City Attorney III. Board Members Absent Tim Honea-Resigned Art Ramirez IV. ABSENCES A motion was made by Craig S Loving and seconded by David Foster to excuse an absence if an excuse was provided and to if an excuse was not provided the absences would remain unexcused for the meeting held on November 19, 2020. A roll call vote was taken, and the motion passed unanimously. V. MINUTES A motion was made by Coretta Graham and seconded by Criag S Loving to approve the minutes of the Regular Meeting of November 19, 2020. A roll call vote was taken, and the motion passed unanimously. VI. STAFF REPORT The Staff Report was presented to the Board for discussion and information regarding cases from January 23, 2020 to present. No motion was made to approve the staff report. No roll call vote was taken. VII. PUBLIC COMMENT A motion was made by Pete Cavazos to open the floor for public comment. Chris Dorsey representing Richard Peraino said he wanted to confirm that 1538 Cambridge was pulled from today's meeting. Diana will contact before the next hearing. As there were no other public comments made Pete Cavazos closed the public comment. VIII. NOMINATIONS FOR VICE CHAIR AND CHAIRPERSON. A motion was made by Coretta Graham to nominate Coretta Graham for Vice Chair and Craig S Loving seconded the nomination. No other nominations were made. A motion was made by Craig S Loving for appointment by acclamation and seconded by Coretta Graham. A roll call vote was taken, all in favor and the motion passed unanimously. A motion was made by Craig S Loving to nominate Pete Cavazos for Chairperson. Pete Cavazos declined the nomination. Craig S Loving nominated Lillian T Helms and Coretta Graham seconded the nomination. Lillian T Helms accepted the nomination. A roll call vote was taken, the motion passed unanimously. IX. OLD BUSINESS 1. 2442 Bevecrest Dr.,Demolition Residence(Crestmont#10R Blk 1 Lt 18) Staff Recommendation: To require demolition due to the extent of deterioration and work not completed. Appearing in Favor: No one. Appearing in Opposition: Robert Dominguez Motion: Mr. Dominguez has obtained an electrical final and his Certificate of Occupancy, but Diana was unable to verify a building final inspection in the system. Diana states that minor repairs still need to be completed inside the house. Mr. Dominguez states that the inspector told him that he could move in and finish the repairs as the process moves along. Diana will be researching and clarifying if the final inspections were completed. The board decided to table this until the next meeting. A motion was made by Coretta Graham and seconded by Pete Cavazos to table this case for the next meeting. A roll call vote was taken and passed unanimously. 2. 4326 Catfish Dr.,Demolition Residence (River Canyon#1 Lt 8 Bk 1) Staff Recommendation: To require demolition due to the extent of deterioration from fire damage. Appearing in Favor: No one. Appearing in Opposition: Lydia Elizondo Motion: A motion was made by Pete Cavazos and seconded by Coretta Graham to reject the staff recommendation of demolition and table this case to the next meeting. We will give Ms. Elizondo 14 days to secure the property (the garage door area and the side/back gate)as per city ordinance. Since she is selling the property, we ask that she be a motivated seller and try to sell the property before the next meeting. X. NEW BUSINESS 1. 309 Hiawatha St.,Demolition Residence(Austin Blk 8 Lot 14) Staff Recommendation: To require demolition due to the extent of deterioration and work not completed Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Pete Cavazos and seconded by Lillian T Helms to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c)of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30) days to obtain proper permits and complete the demolition of the structure(s) located at 309 Hiawatha St.,Demolition Residence(Austin Blk 8 Lt 14).If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 2. 505 Jester St. Demolition Residence Flour Bluff Estates#2 Bk 10 Lt10 Staff Recommendation: To require demolition due to the extent of deterioration and fire damage. Appearing in Favor: Eva Moxon-owner, Curtis Hanna-neighbor Appearing in Opposition: No one. Motion: A motion was made by Coretta Graham and seconded by Lillian T Helms to accept the staff recommendation and require demolition of the structure(s) according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 505 Jester St..Demolition Residence(Flour Bluff Estates#2 Blk 10 Lot 10) If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously. 3. 4514 Nicholson St.,Demolition Residence (WoodCrest HGTS#3 Blk 3 Lot 4) Staff Recommendation: To require demolition due to the extent of deterioration and work not completed. Appearing in Favor: No one. Appearing in Opposition: No one. Motion: A motion was made by Pete Cavazos and seconded by Coretta Graham to accept the staff recommendation and require demolition of the structure(s)according to Section 13-22(H) (1) (c) of the Corpus Christi Property Maintenance Code in which the owner will be allowed thirty(30)days to obtain proper permits and complete the demolition of the structure(s) located at 4514 Nicholson St.,Demolition Residence (WoodCrest HGTS#3 Blk 3 Lot 4) If the demolition is not started and completed as required, then the City is authorized to demolish. A roll call vote was taken and passed unanimously XI. IDENTIFYING ITEMS FOR FUTURE AGENDA No items to identify. Next meeting will be held March 25`h, 2021. Next meeting will be done via Webex. XII. ADJOURNMENT A motion was made by Craig S Loving to adjourn th heart at 3:55 P.M. on anuary 28, 1. (Lila tobe Code En f )ement Program Man er Note:For detailed information on testimony,refer to the recording retained on file in the Code Enforcement Division of the City of Corpus Christi Police Department. CASE TIMELINE FOR 309 Hiawatha Activity Date Legal Requirement Legal Reference Code Enforcement Notified of 8/20/2020 Potential Violation n/a n/a Initial Inspection Completed When building,structure or premise Corpus Christi Property 8/20/2020 thought to be substandard Maintenance Code 104.2 Notice of Violation Mailed to Last When there are reasonable grounds to City Ordinance Known Addresses 9/11/2020 believe there is a violation Sec.13-22(A)&(D)(2) Notice of Violation Posted in When owner is unknown,whereabouts City Ordinance Sec.13- Newspaper 11/19/2020& unknown,or where service of notice has 22(A)&(D)(3) 11/20/2020 failed(Published twice w/in a 10 day period) Deadline to comply with Newspaper When 30 days have elapsed from the City Ordinance Notice of Violation 12/19/2020 date of first publication Sec.13-22(B) Notice Received Returned Mail rec'd-Return to Sender n/a 9/18/2020 Not deliverable as addressed Unable to forward Returned Notice of Violation Posted at 11/30/2020-- When notice is returned showing City Ordinance Front Door of Property 12/11/2020 unclaimed or not delivered Sec.13-22(A)&(D)(4) Deadline to comply with Mailed 30 days from receipt of the notice City Ordinance Notice of Violation 10/11/2020 Sec.13-22(A)(5) Re-inspection Not less thans 30 days from receipt of the City Ordinance 12/21/2020 12/24/2020 notice or when 30 days have elapsed Sec. 13-22(B) from date of first publication Complaint filed with BSB When owner refused to comply;when City Ordinance not cured within 30 days from receipt of Sec.13-22(B)(2) 1/4/2021 notice or any further agreed time;or when 30 days have elapsed from date of first publication Notice of Hearing Mailed to Last At least 10 days prior to hearing City Ordinance Known Address 1/5/2021 Sec. 13-22(C)&(D)(2) Notice of Hearing Posted in At least 10 days prior to hearing when City Ordinance Newspaper 01/05/2021& owner is unknown,whereabouts Sec.13-22(C)&(D)(3) 01/06/2021 unknown,or where service of notice has failed(Published twice w/in a 10 day period) Notice of Hearing Filed with County At least 10 days prior to hearing City Ordinance Sec.13- Clerk 1/4/2021 22(C) & Tx Local Gov't Code 214.001€ Returned Notice of Hearing Posted at 01/18/2021- When notice is returned showing City Ordinance Front Door of Property 01/27/2021 unclaimed or not delivered Sec. 13-22(C)&(D)(4) BSB Agenda Posted 72 hours(3 days)before scheduled time Texas Govt.Code 1/20/2021 of hearing 551.043(a) BSB Hearing 1/28/2021 Not less than 10 days nor more than 45 City Ordinance days after Complaint filed Sec.13-22(C) I' CASE DOCUMENTATION FOR VIOLATION LETTERS MAILED FOR BSB HEARING (ALL LETTERS ARE MAILED CERTIFIED AND FIRST CLASS] Case No: B1 Letters,V145244-082020 ADDRESS: 309 HIAWATHA Tax Account No: 0315-0008-0140 LAST UPDATED ON: Wednesday,April 07,2021 Owner(s): LEONOR F.PALACIOS LETTERS MAILED from 09/11/2020 to 11/2/2020 MAILED TO ASSOCIATION WITH PROPERTY RETURNED MAIL NOTES ROBERT PALACIOS AKA ROBERT LEE PALACIOS AKA O�. mon--Heir B1 Letter Mailed on 9/11/20 ROBERTO PALACIOS RETURNED MAIL REC'D 309 HIAWATHA ST. RETURN TO SENDER CORPUS CHRISTI,TX.78405 NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD LEAH PALACIOS ARREOLA Owner's Daughter--Heir 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL REC'D CORPUS CHRISTI,TX.78405 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD ODULIA MALONE AKA ODELIA P.MALONE Owner's Daughter--Heir 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL REC'D CORPUS CHRISTI,TX.78405 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD DELIA HERNANDEZ Owner's Daughter--Heir 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL REC'D CORPUS CHRISTI,TX.78405 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD MINERVA PALACIOS AKA MINVERA DE LA ROSA Owner's Daughter--Heir 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL RECD 10/9/20 CORPUS CHRISTI,TX.78405 UNDELIVERABLE AS ADDRESSED FORWARDING ORDER EXPIRED LEAH ARREOLA Owner's Daughter--Heir 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL RECD 9/30/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD ANGIE ABUNDEZ AKA ANGELITA ABU NDEZ Owner's Daughter--Heir 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL RECD 9/30/20 RETURN TO SENDER 1 CORPUS CHRISTI,TX.78405 NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD PALACIOS LEONOR F. Owner 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL RECD 9/18/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD ROBERT PALACIOS AKAK ROBERT LEE PALACIOS AKA OWNER'S SON-Heir 131 Letter Mailed on 9/11/20 ROBERTO PALACIOS RETURNED MAIL RECD 615 TREVINO ST RETURN TO SENDER ALICE,TX.78332-5531 REFUSED UNABLE TO FORWARD RETURNED GREEN CARD RECD 9/17/20 SIGNED BY APB32006 COVID 19 RECD BY ROBERT PALACIOS DATE OF DELIVERY 9/14/20 UNKNOWN HEIRS OF LEONOR F.PALACIOS Unknown Heirs of Owner 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL RECD 10/9/20 CORPUS CHRISTI,TX.78405 UNDELIVERABLE AS ADDRESSED FORWARDING ORDER EXPIRED CECILIO PALACIOS AKA CECELIO HUMBERTO PALACIOS OWNER'S SON-Heir 131 Letter Mailed on 9/11/20 309 HIAWATHA ST. RETURNED MAIL RECD 10/9/20 CORPUS CHRISTI,TX.78405 UNDELIVERABLE AS ADDRESSED FORWARDING ORDER EXPIRED CECILIO PALACIOS AKA CECELIO HUMBERTO PALACIOS OWNER'S SON-Heir 131 Letter Mailed on 9/11/20 310 KATHERINE DR. RETURNED MAIL RECD 10/13/20 CORPUS CHRISTI,TX.78404 ATTEMPTED NOT KNOWN DELIA HERNANDEZ OWNER'S DAUGHTER-Heir 131 Letter Mailed on 9/11/20 2802 VANCOUVER DR RETURNED MAIL REC'D 10/13/20 CORPUS CHRISTI,TX.78414 UNCLAIMED DELIA HERNANDEZ OWNER'S DAUGHTER-Heir 131 Letter Mailed on 9/11/20 605 E COMAL RETURNED GREEN CARD REC'D 9/17/20 PEARSALL,TX.78061 SIGNED BY DH REC'D BY C19 DATE OF DELIVERY 9/14/20 UNKNOWN HEIRS OF ANGIE ABUNDEZ AKA ANGELITA OWNER'S DECEASED DAUGHTER'S Heirs 131 Letter Mailed on 9/11/20 ABUNDEZ RETURNED MAIL RECD 10/19/20 323 S 26TH ST. RETURN TO SENDER KINGSVILLE,TX.78363 UNCLAIMED UNABLE TO FORWARD ODULIA MALONE AKA ODELIA P.MALONE OWNER'S DAUGHTER-Heir 131 Letter Mailed on 9/11/20 5802 EVERHART RD APT 10C RETURNED MAIL REC'D 11/30/20 CORPUS CHRISTI,TX.78413 RETURN TO SENDER 2 UNCLAIMED UNABLE TO FORWARD CECILIO PALACIOS OWNER'S SON-Heir 131 Letter Mailed on 9/11/20 4442 DRIFTWOOD PL RETURNED GREEN CARD REC'D 9/16/20 CORPUS CHRISTI,TX.78411 SIGNED BY BLANK REC'D BY BLANK DATE OF DELIVERY UNKNOWN THERESA"CAPRISE"ARREOLA OWNER'S GRANDDAUGHTER-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD PATRICK ALLEN ARREOLA OWNER'S GRANDSON-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD JULIAN MICHAEL ARREOLA OWNER'S GRANDSON-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD REBECCA HUERTA-REGISTERED AGENT FOR CCCIC REGISTERED AGENT FOR LIENHOLDER 131 Letter Mailed on 11/2/20 1201 LEOPARD ST RETURNED GREEN CARD REC'D 11/6/20 CORPUS CHRISTI,TX.78401 SIGNED BY R.GARCIA 08028 REC'D BY C-19 DATE OF DELIVERY 10/3/20 UNKNOWN HEIRS OF MINERVA PALACIOS AKA OWNER'S DECEASED DAUGHTER'S UNKNOWN HEIRS 131 Letter Mailed on 11/2/20 MINERVA DE LA ROSA RETURNED MAIL REC'D 11/6/20 309 HIAWATHA ST. RETURN TO SENDER CORPUS CHRISTI,TX.78405 VACANT UNABLE TO FORWARD CELSO ABUNDEZJR OWNER'S GRANDSON-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD UNKNOWN HEIRS OF ANGIE ABUNDEZ AKAK OWNER'S DECEASED DAUGHTER'S UNKNOWN HEIRS 131 Letter Mailed on 11/2/20 ANGELITA ABUNDEZ RETURNED MAIL REC'D 11/6/20 309 HIAWATHA ST. RETURN TO SENDER CORPUS CHRISTI,TX.78405 I I VACANT 3 UNABLE TO FORWARD GRACIE WEIKMAN OWNER'S GRANDDAUGHTER-HEIR B1 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 12/8/20 CORPUS CHRISTI,TX.78405 VACANT RAYMOND ABUNDEZ SR OWNER'S GRANDSON-HEIR B1 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD UNKNOWN HEIRS OF DELIA HERNANDEZ OWNER'S DECEASED DAUGHTER'S UNKNOWN HEIRS B1 Letter Mailed on 11/2/20 15607 BLUFF SPRINGS ST RETURNED GREEN CARD REC'D 11/12/20 SAN ANTONIO,TX.78247 SIGNED BY HERNANDEZ REC'D BY 4731 CV-19 DATE OF DELIVERY 11/12/20 UNKNOWN HEIRS OF DELIA HERNANDEZ OWNER'S DECEASED DAUGHTER'S UNKNOWN HEIRS B1 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD NORA INNOCENCIO OWNER'S DAUGHTER-HEIR B1 Letter Mailed on 11/2/20 62 DEARWALL WAY RETURNED MAIL REC'D 11/13/20 SAN JOSE,CA.95138 RETURN TO SENDER INSUFFICIENT ADDRESS UNABLE TO FORWARD UNKNOWN HEIRS OF DELIA HERNANDEZ OWNER'S DECEASED DAUGHTER'S UNKNOWN HEIRS B1 Letter Mailed on 11/2/20 605 E.COMAL RETURNED MAIL REC'D 11/6/20 PEARSALL,TX.78061 SIGNED BY UNREADABLE REC'D BY C 19 DATE OF DELIVERY 11/4/20 ODULIA MALONE AKA ODELIA MALONE OWNER'S DAUGHTER-HEIR B1 Letter Mailed on 11/2/20 PO BOX 574 RETURNED GREEN CARD REC'D 11/9/20 VILLAGE MILLS,TX.77663 SIGNED AND REC'D BY ROLAND S. DATE OF DELIVERY 11/5/20 NORA INNOCENCIO OWNER'S DAUGHTER-HEIR B1 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD CORPUS CHRISTI COMMUNITY IMPROVEMENT LIENHOLDER B1 Letter Mailed on 11/2/20 CORPORATION(CCCIC) RETURNED GREEN CARD REC'D 11/6/20 PO BOX 9277 SIGNED BY UNREADABLE 4 CORPUS CHRISTI,TX.78469 REC'D BY TOM GARCIA DATE OF DELIVERY 11/4/20 UNKNOWN HEIRS OF EULID PALACIOS OWNER'S DECEASED SON'S UNKNOWN HIERS 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD UNKNOWN HEIRS OF MARK ALLEN ARREOLA OWNER'S DECEASED GRANDSON'S UNKNOWN HIERS 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD MARK ALLEN ARREOLA OWNER'S GRANDSON-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 12/2/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD DELIA HERNANDEZ OWNER'S DAUGHTER-HEIR 131 Letter Mailed on 11/2/20 15607 BLUFF SPRINGS ST. RETURNED MAIL REC'D 11/12/20 SAN ANTONIO,TX.78247 RETURN TO SENDER ATTEMPTED NOT KNOWN UNABLE TO FORWARD FRANK"JAVIER"ARREOLA OWNER'S SON IN LAW-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD STEPHANIE ALLEN OWNER'S GRANDDAUGHTER-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/30/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD MILAGROS CORTINAS OWNER'S GRANDDAUGHTER-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD ROBERT CALDERON OWNER'S GRANDSON-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT 5 UNABLE TO FORWARD RENE RODRIGUEZ OWNER'S GRANDSON-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD EULID PALACIOS OWNER'S SON-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD MANUEL DE LA ROSA OWNER'S SON IN LAW-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD WILLIAM PATRICK DELGADO ATTORNEY FOR OWNER 131 Letter Mailed on 11/2/20 ATTORNEY AT LAW RETURNED GREEN CARD REC'D 11/6/20 814 LEOPARD ST. SIGNED BY VANESSA/RT 13 CORPUS CHRISTI,TX.78401 REC'D BY COVID 19 DATE OF DELIVERY 10/3/20 SONYA CALDERON OWNER'S GRANDDAUGHTER-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD REBECCA PEREZ OWNER'S GRANDDAUGHTER-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD LAURA ANN CALDERON OWNER'S GRANDDAUGHTER-HEIR 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD UNKNOWN HEIRS OF LEA ARREOLA OWNER'S DECEASED DAUGHTER'S UNKNOWN HEIRS 131 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD 6 SANDRA ABUNDEZ OWNER'S GRANDDAUGHTER-HEIR B1 Letter Mailed on 11/2/20 309 HIAWATHA ST. RETURNED MAIL REC'D 11/6/20 CORPUS CHRISTI,TX.78405 RETURN TO SENDER VACANT UNABLE TO FORWARD KELLY LYN ARREOLA OWNER'S GRANDDAUGHTER-HEIR B1 Letter Mailed on 11/2/20 309 HIAWATHA ST. 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Gr. ak'"�� }.. �e ,y f, ' id 1 f Y i 1 ;�(� •� � _ �.-.� � it (y i'A- : � \< . ! . 7 . . . . . � e . . � - , � CJ Am jh/l �1 r 12 /Y/quAt le-- �w c�Y IU q 0 { Pte" J m oriOle r C Th�Se %ye eI;CIM, - . mv QI-il"V-1-4 �)/v " j) J�l(Uij0 � �' I,✓1cU�Gdfl s c� �.�' 'l'.5% r'✓�F'i�`� �f a / V 14J 17ZVVd - 0 S fii�1f k'resf �' 17 da ea -1-t �zy �Z m �P �L��''-� � �f �"h� �>��{lam ����; ; ,�y 17r)61 1"T Aol),c Inv 4`77-6 bt,fl 1 Ar . ......... e- S r� NOTICE OF CITY COUNCIL MEETING BUILDING STANDARDS BOARD APPEAL APRIL 27, 2021 DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM RE: 309 HIAWATHA LEGAL DESCRIPTION: AUSTIN BLK 8 LOT 14 OWNER: LEONOR F PALACIOS CERTIFIED MAIL RETURN RECEIPT REQUESTED#7020 3160 0000 8298 4552 Notice is hereby given that the City of Corpus Christi City Council the Building Standards Board Appeal regarding the above listed property on APRIL 27, 2021 in the COUNCIL CHAMBERS Located at CITY HALL, 1201 LEOPARD, CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "Appeal" may heard at any time during the regularly scheduled meeting. NOTICE TO PERSON LISTED ABOVE AS OWNER: According to the real property records of Nueces County, you own the real property described in this notice. If you no longer own the property, you must execute an affidavit stating that you no longer own the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 10th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you owned the property described in this notice, even if you do not. When an appeal is pending, all orders of the Board shall be suspended in their operation. The City Council, on appeal, may vary the application of any provision of this code to any particular case when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the Board should be modified or reversed. 1) A decision of the City Council to vary the application of any provision of this code or the Corpus Christi Property Maintenance Code, or to modify an order of the Board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons therefor. 2) If the decision of the City Council reverses or modifies the refusal, order, or disallowance of the Board or varies the application of any provision of this code, or the Corpus Christi Property Maintenance Code, the Code Official shall immediately act in accordance with such decision. 3) The decision of the City Council shall be final unless the aggrieved party appeals by instituting suit for that purpose in any court having jurisdiction within 15 days from the date on which the decision of the City Council was rendered. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Liza Lopez at (361) 826-3170. Sincerely, Liza Lopez Code Compliance Program Manager Corpus Christi Police Department Code Enforcement Division Attachments: Affidavit of Non-Ownership STATE OF TEXAS COUNTY OF NUECES SWORN AND SUBSCRIBED BEFORE ME BY LIZA LOPEZ, A CREDIBLE PERSON, THIS DAY OF 12021. NOTARY PUBLIC, STATE OF TEXAS