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HomeMy WebLinkAboutAgenda Packet City Council - 05/25/2021 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, May 25,2021 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 Pastor David Bendett, Rock City Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jerry Guerra, W. B. Ray 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 5/24/2021 City Council Meeting Agenda-Final-revised May 25,2021 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. Parks and Recreation Community Survey for Parks Master Plan b. Brush Pick Up Completed from Extreme Weather Event C. Park Road 22 Bridge Update d. Hurricane Preparedness Presented by Billy Delgado, Emergency Management Coordinator H. BOARD &COMMITTEE APPOINTMENTS: 1. 21-0599 Crime Control & Prevention District (2 vacancies) Sister City Committee (1 vacancy) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 19) 2. 21-0600 Approval of the Minutes of the May 18, 2021 Regular Meeting. sponsors: City Secretary's Office City of Corpus Christi Paye 2 Printed on 5/24/2021 City Council Meeting Agenda-Final-revised May 25,2021 3. 21-0524 One-Reading Ordinance accepting and appropriating a grant in the amount of$9,868,157.30 from the U.S. Department of the Treasury and authorizing a one-year service agreement for Grant Administrator Services of Emergency Rental Assistance in an amount not to exceed $980,680.00, with Hagerty Consulting Inc. of Evanston, Illinois, effective upon issuance of a notice to proceed; and amending the budget. sponsors: Grant Monitoring and Contracts and Procurement 4. 21-0225 One-Reading 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: Neighborhood Services Consent-Second Reading Ordinances 5. 21-0546 Ordinance annexing approximately 18.59 acres of land at or near the intersection of County Road 52 and US Highway 77/Interstate 69 into the territorial limits of the City of Corpus Christi increasing the total area to 480.75 square miles. sponsors: Planning & Environmental Services 6. 21-0450 Zoning Case No. 0121-01, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "RS-4.5" Single Family 4.5 District and the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) sponsors: Development Services 7. 21-0452 Zoning Case No. 0421-02, LD Calallen CCTX Hwy 77, LLC. (District 1).Ordinance zoning a property being annexed at or near the intersection of County Road 52 and Interstate 69 to the "CG-2 General Commercial District and "RM-2" Multifamily District. (Planning Commission and Staff recommend Approval) sponsors: Development Services 8. 21-0449 Zoning Case No. 0321-03, Walter, Dewane and Torell.: (District 4) Ordinance rezoning property at or near 16002 Park Road 22 from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV/10" RV Resort District with the Island Overlay. (Planning Commission and Staff recommend Approval) sponsors: Development Services 9. 21-0501 Ordinance authorizing the acceptance of a $15,000.00 grant from the City of Corpus Christi Page 3 Printed on 5/24/2021 City Council Meeting Agenda-Final-revised May 25,2021 Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center operations; and appropriating $15,000.00 into the Fire Grants Fund. sponsors: Fire Department 10. 21-0506 Ordinance authorizing the acceptance of an $11,137.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department EMS operations; and appropriating $11,137.00 into the Ambulance Grants Fund. sponsors: Fire Department 11. 21-0507 Ordinance authorizing the acceptance of$838.42 from the State of Texas - Law Enforcement Officer Standards and Education account; and appropriating $838.42 into the Fire Grants Fund. sponsors: Fire Department 12. 21-0410 Ordinance declaring four City owned vacant lots located at 429 Marguerite Street, 502 18th Street, 508 18th Street and 2034 Mary Street as surplus property, authorizing sale to the public, and authorizing execution of the deeds and any related documents necessary to complete the sale and conveyance of the properties. sponsors: Engineering Services 13. 21-0251 Ordinance authorizing a one-year lease beginning July 1, 2021 with Yolanda Ibarra dba Mangonadas by MLB for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street, with monthly rent of$913.50, with options to extend for up to 2 additional two-year terms upon agreement of the parties. sponsors: Parks and Recreation Department 14. 21-0567 Ordinance approving the addition of six full-time positions to the Parks and Recreation Department budget for additional Bayshore Parks Enforcement Officers with a one-time purchase of equipment and the appropriation of $432,956 from the State Hotel Occupancy Tax Fund for costs associated with increasing staff presence and security in the Bayshore parks. sponsors: Parks and Recreation Department Consent- Contracts and Procurement 15. 21-0535 Motion authorizing the lease-purchase, via JPMorgan, of four Right Hand Drive Jeep Wranglers from Cowboy Motor Co. dba Moore Chrysler Dodge Jeep Ram of Silsbee, Texas through the TIPS USA Cooperative, for a total amount of$189,360.81 to be used by the Solid Waste Department as additions to the fleet to support the City's new recycling compliance and education program, effective upon issuance of letter of acceptance, with FY 2021 funding in the amount of$12,624.04 available through the General Fund and the remaining lease payments to commence in FY 2022. City of Corpus Christi Page 4 Printed on 5/24/2021 City Council Meeting Agenda-Final-revised May 25,2021 Sponsors: Solid Waste Operations and Contracts and Procurement 16. 21-0513 Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas in an amount not to exceed $322,788.30 to purchase meter boxes and lids for water meters for the City Warehouse as a central distribution point for the Utilities Department with funding in FY 2021 in an amount of$44,831.71 available through the Stores Fund. Sponsors: Contracts and Procurement 17. 21-0505 Motion authorizing a three-year service agreement with STBP, Inc. dba South Texas Building Partners of Corpus Christi, Texas for an amount not to exceed $462,200.00 for door repair, maintenance, replacement, and installation services for Asset Management effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of$51,355.00 available through the Facility Maintenance Fund. Sponsors: Asset Management Department and Contracts and Procurement 18. 21-0424 Motion authorizing a three-year service agreement with Mansfield Oil Company of Gainesville, Inc. of Gainesville, Georgia in an amount not to exceed $ 8,577,616.83 for unleaded gasoline, ultra-low sulfur diesel (TX LED) fuel and Dye Diesel delivery services, effective upon issuance of notice to proceed, with FY 2021 in an amount of$1,191,336.00 available in the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Contracts and Procurement 19. 21-0396 Motion authorizing a five-year service agreement with Invengo American Corp., dba FE Technologies, of Southlake, Texas for a total amount not to exceed $352,159 to implement Radio Frequency Identification technology for the Public Libraries, effective upon issuance of notice to proceed, with FY 2021 funding in an amount of$57,900 available through the Libraries Grant Fund. Sponsors: Libraries and Contracts and Procurement K. LEGISLATIVE UPDATE: L. RECESS FOR LUNCH M. PUBLIC HEARINGS: (ITEMS 20 - 22) 20. 21-0447 Zoning Case No. 0321-04, ERF Real Estate, Inc.: (District 4) Ordinance amending Zoning Ordinance number 031728 by adding a 24-month time extension to the special permit time limit initially approved by City Council (Planning Commission and Staff recommend Approval) Sponsors: Development Services City of Corpus Christi Page 5 Printed on 5/24/2021 City Council Meeting Agenda-Final-revised May 25,2021 21. 21-0553 Zoning Case No. 0321-01, Mc J's and Associates, LLC. (District 4). Ordinance zoning a property located at or near 14493 Running Light Drive from the "RS-6/10" Single-Family 6 District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. (Planning Commission and Staff recommend Approval) sponsors: Development Services 22. 21-0554 Zoning Case No. 0421-01, Steven Bernal, Rachel Garcia Pena, and Rick Kyle Caron. (District 1). Ordinance zoning a property located at or near 4421 and 4427 Violet Road from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommend Approval) sponsors: Development Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 23 - 25) 23. 21-0162 Motion awarding a construction contract to Associated Construction Partners, Ltd, Boerne, Texas, for the Laguna Madre Wastewater Treatment Plant Rehabilitation upgrades to the main office building, digester blower building, plant lift station, influent structure, aeration basins, final clarifiers, chlorine contract chamber, sludge wasting system, pre-thickener, aerobic digester, sludge concentrator, digester sludge holding tank, belt press sludge holding tank, belt press building, located in Council District 4, in an amount of$4,494,321.00, with FY 2021 funding available from the Wastewater Capital Fund. sponsors: Engineering Services, Utilities Department and Contracts and Procurement 24. 21-0411 Motion awarding a construction contract to Barcom Construction, Inc., Corpus Christi, Texas, for the Police Sub-station Flour Bluff Building Improvements project, located in Council District 4, in an amount of $1,543,415.00 with FY 2021 funding available from the Facilities Maintenance Capital Fund and Bond 2018 Fund. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement 25. 21-0598 Resolution authorizing a mobilization agreement with Pfeiffer & Son, LTD of LaPorte, Texas in the amount of$448,725.00 for the removal of the Harbor Bridge Decorative Lighting System effective upon issuance of a notice to proceed with FY 2021 funding in the amount of$448,725.00 available in the General Fund with a required 50% reimbursement of $224,362.50 from the Port of Corpus Christi Authority. sponsors: Information Technology Services and Contracts and Procurement O. FIRST READING ORDINANCES: (ITEMS 26 -27) 26. 21-0593 Ordinance approving Amendment number three to the Tax Increment City of Corpus Christi Page 6 Printed on 5/24/2021 City Council Meeting Agenda-Final-revised May 25,2021 Reinvestment Zone (TIRZ) #4 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone #4, City of Corpus Christi to make adjustments to the Project Specific Development and North Beach Living Initiative. sponsors: Finance &Business Analysis 27. 21-0536 Ordinance amending Corpus Christi Code to decrease the speed limit on Park Road 22 from 55 miles per hour to 35 miles per hour on school days and hours for a school zone adjacent to Seashore Learning Center. sponsors: Public Works/Street Department P. BRIEFINGS: (ITEM 28) 28. 21-0589 Briefing from Flatiron/Dragados on the Harbor Bridge Replacement Project. sponsors: Public Works/Street Department Q. EXECUTIVE SESSION: (ITEM 29) 29. 21-0573 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and the City Manager and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline of a public officer or employee (including, but not limited to, the City Manager). R. ADJOURNMENT City of Corpus Christi Paye 7 Printed on 5/24/2021 CRIME CONTROL&PREVENTION DISTRICT Two(2)vacancies with terms concurrent with Council terms.(Each Council Member appoints a board member,subject to confirmation by the full Council.Staff is recommending the postponement of Council Member Lerma's representative for future recruitment). Duties The Corpus Christi Crime Control and Prevention District is dedicated to crime reduction programs and the adoption of a proposed sales and use tax at a rate of one- eighth of one percent. Composition The District will consist of the same number of members as the City Council. A member of the Board of Directors shall be appointed by each member of the City Council to serve at the pleasure of that member of the City Council for a term that is concurrent with the term of the member of the City Council that appointed the Director. Six-year term limitation. Confirmation of appointments by City Council as per Texas Local Government Code 363.1015. Member size Term length Term limit 9 Concurrent with Council Term 6 Years Name District Term Appt.date End date Appointing Authority Position Status Category Jim D Kaelin District 5 2 1/22/2019 11/1/2022 City Council Confirmation Resigned Council Member Gil Hernandez's Rep. Neely E.Balko District 1 1 2/23/2021 11/1/2022 City Council Confirmation Resigned Council Member Billy Lerma's Rep. Frank Arriaga Jr District 4 1 2/23/2021 11/1/2022 City Council Confirmation Active Council Member John Martinez's Rep. Curtis T Clark District 5 1 2/23/2021 11/1/2022 City Council Confirmation Active Council Member Ben Molina's Rep. Fred E Edler District 4 2 8/28/2018 11/1/2022 City Council Confirmation Active Council Member Greg Smith's Rep. Sandy J Fernandez 1 District 3 11 2/23/2021 11/1/2022 City Council Confirmation I lActive lCouncil Member Michael T.Hunter David Gonzalez District 5 11 2/23/2021 11/1/2022 1 City Council Confirmation I Chair JActive I Mayor Paulette Guajardo's Rep. Rene Saenz District 3 12 1/22/2019 11/1/2022 ICity Council Confirmation I JActive lCouncil Member Roland Barrera's Rep. Marshal Tong District 1 11 2/23/2021 11/1/2022 1 City Council Confirmation I JActive lCouncil Member Mike Pusley's Rep. 5-25-2021 CRIME CONTROL& PREVENTION DISTRICT Applicants Name District Status Category Ryan N Harris District 4 Applied Scott A Lawson District 5 Applied Michael D Markle District 4 Applied Council Member Hernandez's Rep. Ryan A Martinez District 2 Applied Eli McKay District 1 jApplied Elizabeth Perez District 4 jApplied Melissa Rios District 1 jApplied CITY OF CORPUS CHRISTI Submit Date: Mar 30, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ryan N Harris First Name Middle Initial Last Name Email Address 1515 Ennis Joslin #230 Street Address Swte�r Apt Corpus Christi TX 78412 City State "Stal Code What district do you live in? W District 4 Current resident of the city? r• Yes r No If yes, how many years? 25 Home: (832) 450-1659 Home: (832) 450-1659 Primary Phore Alternate Phone Texas A&M University Corpus Christi Full Time Masters Student Employer Job-life Work Address- Street Address and Suite Number N/A Work E-mail address Rharrisl 2@islander.tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted Rvan rel "nrric Pane 1 of r� Interests & Experiences Are you a registered voter? c 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) Bachelor of Science in Psychology Attaining Masters Degree in Mental Health Counseling (Expected Grad Date May 2023) Volunteer at U.S.S. Lexington 2004-2008 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Children &Youth Crime Control & Prevention Why are you interested in serving on a City board, commission or committee? believe that I can help in my community by doing more. I care about everyone in my community and want to help wherever I can, in whatever capacity I am able to at that given time. My ongoing knowledge with Mental Health may also be of use in some areas. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? Yes c 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 (- No Demographics Gender W Male Code of Ethics- Rules of Conduct/Conflicts of Interest Rvan nl "nrric Pana 9 of 1; Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? c Yes r No Do you, your spouse, your business or your spouse's business have a City contract? 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? c- 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? c- Yes (.- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? 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) Rvan KI Wnrric Pana Z of r, 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 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 Rvan KI Narric Pana d of 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 Rvan r\1 P- :uric Pnrua of RYAN HARRIS 832-450-1659 Professional Summary Driven and personable Customer Solutions Specialist with over 5 years of experience interfacing with clients to ensure optimal service delivery. Dedicated and outside-the-box strategic thinker with expertise in customer relationship management, conflict resolution, time management, document control, and leadership. Dependable, courteous self-starter and team player seeking to leverage background into management role with a progressive organization. Education Texas A&M University—Corpus Christi Texas A&M University—Corpus Christi Master of Science in Professional Counseling Bachelor of Science in Psychology Emphasis in Clinical Mental Health Minor is Criminal Justice Expected Graduation: May 2023 Graduated: December 2020 Work Experience Coastal Home Health Care Corpus Christi, Texas EVV Compliance/Auditor 06/2018 to 12/2018 • Managed direct deposit file and positive pay files for over 5,000 employees • Researched payment discrepancies and adjusted accounts If needed • Processed late payments and assisted accounting in all lost payment investigations. • Handled all patient client files and provider compliance paperwork • Audited each file within state and medicaid compliance regulations and tracked all providers, EW scores and disciplinary write ups. L. K. Jordan Corpus Christi, Texas Leasing Consultant 08/2017 to 08/2018 • Worked with potential renters to find a new home • Kept up to date with current specials, created marketing strategies to increase interest and traffic • In charge of planning all resident programming and activities • Produced newsletters for resident's with current news and events • Assisted management in resident relations and utilized One site which is a leasing tool for all needs Artventure Inc. Houston, Texas Payroll Coordinator/HR 11/2014 to 06/2017 • Responsible for payroll of 100 to 300 talent acquisitions for a bi-weekly pay period • Entered in all new talents like actors, singers, and other employees • Made employee changes and voluntary deductions in payroll system • Processed checks, stop payments and adjustments of payroll • Supervised all new hires and 3 intake specialists daily and ensured up to date knowledge of wage and labor laws U.S. Navy Great Lakes, Illinois Head Yeoman 02/2014 to 10/2014 • Entrusted to manage 105 recruits for 16 hours a day for 6 months • In charge of all paperwork and scheduling pertaining to medical, legal, dental, and bank appointments • Processed all new check-ins and departures from Recruit Training Command Separations Unit • Led mentoring topics about job hiring process, resume writing, and college necessity on a weekly basis Allen Harrison Houston, Texas Assistant Property ManagerA-easing Specialist 03/2012 to 11/2013 • Took care of all residents and staying knowledgeable of specials and occupancy percentages Responsible for all checks and money orders for rent and other rentable items RYAN HARRIS Page 2 • Verified all files and ensured information is correctwith new move ins and move outs • Filed all evictions and writ of possessions as well as attending any court hearings • Provided cordial but firm attitude with residents with late notices and small balance letters • Proficient on OneSite and Yardi programs Skills • Conflict and dispute resolution • Microsoft Office • Operations management • Report generation and analysis • Product ordering • Time management • Training and development • Results-oriented • Excellent communication CITY OF CORPUS CHRISTI Submit Date: Apr 27, 2021 Application for a City Board, Commission, Committee or Corporation Profile Scott A Lawson First Name Middle Initial Last Name Email Address 3913 Priscilla Dr Street Address Corpus Christi TX 78414 City State POStal Code What district do you live in? W District 5 Current resident of the city? (.- Yes r No If yes, how many years? 5 Mobile: (417) 437-9997 Mobile: (417) 439-1392 Primary Phone Alternate Phone Work Address - Street Address and Suite Number 3913 Priscilla Dr Work Address - City Corpus Work Address - State TX Work Address - Zip Code 78414 Work Phone 4174379997 Cr,ntt A I a%Arcnn Pgnp 1 of 7 Work E-mail address scottallenlawson@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted ARTS & CULTURAL COMMISSION: Submitted BOARD OF ADJUSTMENT: Submitted BUILDING STANDARDS BOARD: Submitted CITIZENS ADVISORY HEALTH BOARD: 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 REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL& PREVENTION DISTRICT: Submitted ETHICS COMMISSION: Submitted HOUSING AUTHORITY: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted LIBRARY BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted SISTER CITY COMMITTEE: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted STREET MAINTENANCE FEE BOARD OF APPEALS: Submitted FLOOD HAZARD MITIGATION INFORMATION COMMITTEE: Submitted REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted SENIOR CORPS ADVISORY COMMITTEE: Submitted CONSTRUCTION TRADE ADVISORY&APPEALS BOARD: 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 Crntt A I q%Amrin Pane 7 of 7 Education, Professional and/or Community Activity (Present) Retired Manufacturing Manager, former United Way county chair, State Manufacturers council president, quality awards foundation auditor using Baldric Award criteria, Batchelor of Business Administration, Mini- MBA Why are you interested in serving on a City board, commission or committee? Apply knowledge and experience to helping city and community Joload 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? 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 r No Does your employer or your spouse's employer have a City contract? r Yes c: 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 c No Crntt A I nAAMnn Pang q of 7 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 ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Architecture Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W Building Materials Dealer Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? r Yes (.- 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 Architect W Engineer Question applies o 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 grntt 0 I a%nicnn Parte A of 7 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 ISLAND STRATEGIC ACTION COMMITTEE ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? * W At Large Representative who is a City Resident Question applies to LANDMARK COMMISSION The Landmark Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Architect • Structural or Civil Engineer • At-Large Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Engineer 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 Quest on appiies to PLANNING COMMISSION,CORPUS CHRISTI R CORPORATION,CORPI:S CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Are you a registered voter? (-. Yes r No Quest cn applies_p FLOOD HAZARD NJITIGATION INFORIMATiON COMMITTEE The Flood Hazard Mitigation Information Committee must include a representative from certain categories. Do you qualify for any of the following? W None of the above Crntt A I a%Aicnn Pana r� of 7 Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD Are you 18 year or older? r Yes (.- No Question applies to REINVESTMENT ZONE NO.4(NORTH BEACH)BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? r- Yes r No Question applies to SENIOR CORPS ADVISORY COMMITTEE The Senior Corps Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W At Large Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W Engineer or Architect 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 Crntt A I a1Aicnn Pana A of 7 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. 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 Cr,ntt A I a%nrcnn ParrP 7 of 7 Scott A. Lawson 3913 Priscilla Dr..—Corpus Chrisd,TX 78414—417.437.9997— linkedin.com/in/scottallenlawson/ Professional Experience Horton Automatics Corpus Christi,TX 2016-2020 Product Manager,Revolving Doors, Security Products ■ Manage Revolving Door& Security product lines ■ Develop new products Ergon Consulting Grove and Owasso, OK 2015-2016 Consultant/Problem Solving ■ Aerospace manufacturing and machining emphasis,AS9100 certification ■ A3 Facilitation,Acting Safety Coordinator,Team Building, Employee Involvement CST Storage Parsons,KS 2013-2015 Plant Manager ■ P&L for$67 million annual budget, ISO 9001 certified, 6 years with no lost time injury ■ Managed Production, Maintenance, Purchasing, Production Control and Scheduling Knapheide Truck Kansas City,MO 2012-2013 General Manager ■ Responsible for P&L, policy, personnel,budget, customer relations, Sales and Production ■ Directed all functional departments, truck pool and inventory, ISO 9001:2008 certified Newell Coach Miami, OK 2002-2012 Vice President/Manufacturing ■ Led manufacture of custom motor coaches with 208 employees in 15 departments ■ Negotiated several Collective Bargaining Agreements ■ Directed Safety, Quality, Production, Scheduling, Procurement, Service and Maintenance ■ Managed 16 acre facility, 130,000 square feet under roof seven-figure materials inventory, eight-figure work in process and eight-figure finished goods inventory Newell Coach 1996-2002 Plant Manager ■ Implemented lean manufacturing, oversaw Six Sigma Black Belt projects ■ Built effective team through hiring and coaching Newell Coach 1992-1996 Special Projects Manager ■ Developed Special Projects program ■ Customers'request/need fulfillment, Production Liaison Newell Coach 1990-1992 Quality Manager ■ Implemented quality system and processes ■ Affected improved product quality and customer satisfaction Newell Coach 1982-1992 Designer and Engineer ■ Designed over 600 unique motor coaches ■ Built relationships with customer, peers and suppliers 1 � I _ Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi,TX 78414—417.437.9997m. linkedin.com/in/scottallenlawson/ Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi,TX 78414—417.437.9997— linkedin.com/in/scottallenlawson/ Previous Experience ■ Engineering roles with Titan Rig(mobile oil rigs), Funk Manufacturing (now John Deere)and Ajax-Atlas (structural steel buildings) Highlights ■ Exemplary integrity ■ Mentor to middle managers, resulting in much higher performance ■ Oversaw multiple locations, shifts and departments simultaneously ■ Implement/foster lean manufacturing using 5S, Six Sigma and SPC methodology ■ Chairman of the Board of Directors of the esteemed Oklahoma Manufacturing Alliance ■ President of Grand Lake Manufacturers' Council ■ Team Leader for the Oklahoma Quality Award Foundation ■ Influence many companies through lean, ISO, Baldrige Award criteria and Six Sigma ■ OSHA 10 Certification Skills ■ Lean Manufacturing, team building and employee empowerment ■ Human Resources leadership and staff development ■ Customer/vendor relationships and partnerships ■ Contract negotiations (union,vendor, supplier and customer) Core Accomplishments ■ State record for longest running SHARP safety award ■ Doubled revenue, increased capacity, reduced costs through lean transformation ■ Increased annual profits by 150%through continuous improvement processes ■ Reduced employee turnover to under 5%per year ■ Improved safety from 16 accidents at$500,000 per year to 4 accidents at$50,000 ■ Coached middle managers to higher efficiency and success ■ Improved workplace morale through various employee involvement initiatives ■ Applied visual workplace techniques and posted measurable metrics ■ Raised workplace organization, neatness and cleanliness through 5S programs ■ Reduced foot travel by many miles through pull systems ■ Decreased production line work station count, saving considerable WIP and space ■ Created kanban systems and 2-tiered racking to improve inventory management Education 3 � , Pitt State University Pittsburg,KS 1994 Bachelor of Business Administration, with honors ■ Summa Cum Laude (4.0 GPA) ■ Member, Delta Mu Delta and Phi Kappa Phi The University of'IbIsa ThIsa, OK 2000 Mini MBA, ■ College of Business Administration ■ Center for Excellence and Professional Development Texas A&M Corpus Christi,TX 2016 Six Sigma Black Belt CITY OF CORPUS CHRISTI Submit Date: May 06, 2021 Application for a City Board, Commission, Committee or Corporation Profile Michael D Markle First Name diddle Initial Last Name Email Address 1234 Stewart st Street Address Corpus Christi TX 78418 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? 33yrs Mobile: (361) 774-9299 Business: (361) 289-3244 Primary Phone Alternate Phone Valero Plant Security Manager Employer job`Itle Work Address - Street Address and Suite Number 1147 Cantwell Lane Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78407 NAirrhaal n MarielA Pane 1 of r; Work Phone 361-289-3244 Work E-mail address mike.markle@valero.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CRIME CONTROL& PREVENTION DISTRICT: 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) Bachelors degree in CJ Masters degree in Business CCPD Officer for 31 years If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Crime Control and Prevention Why are you interested in serving on a City board, commission or committee? wish to continue serving the City of Corpus Christi and the Corpus Christi Police Department 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 Mirhaal n AAnrLdia Pane 9 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 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) AAirrhaal n AAa%&a Pana q 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 Mirhnal r) AAArkla Pana d of r, Oath 1 swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree NAirrhaal r) K&:16da Pana of F, CITY OF CORPUS CHRISTI Submit Date:Jan 18, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ryan A Martinez First blame Middle Initial Last Name Email Address 802 Barry Street Apt. 2106 Street Address Suite er.Apt Corpus Christi TX 78411 City State P=3stal Code What district do you live in? W District 2 Current resident of the city? r Yes r No If yes, how many years? 23 Mobile: (615) 537-7808 Mobile: (361) 537-7808 Prirnani Phone Alternate Phone Work Address - Street Address and Suite Number N/A Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Rvan A Martina? Partin 1 of Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted ARTS & CULTURAL COMMISSION: Submitted CITIZENS ADVISORY HEALTH 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 REGIONAL ECONOMIC DEVELOPMENT CORPORATION: 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) Calallen Highschool graduate Why are you interested in serving on a City board, commission or committee? I'd like to contribute to my community in a positive manner, and help make the city a better place. Uoicad a Fie"rne 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? (.- Yes r No Demographics Gender W Male Rvan A AAartina7 Pana 9 of C; 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 N/A. N/A Board-specific questions (if applicable) Question applies to AiJN11MAL 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 Queston applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Youth/ Education • Higher Education • Performing Arts (music, dance, drama, film) Rvan A Martina? Pana Z of Quest•on applies to HUMAN RELATIONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you qualify for any of the following categories? 9 None of the above 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 Question apples to PLANNING COMM ISS ION,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 Rvan A KAArtin07 Pana d 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 Rvan A Martina? Pang �, of Ryan Martinez 802 Barry Street Corpus Christi, TX 78411 Phone: 361-537-7808 E-mail: Indeed Link: https://my.indeec .com/�/ryanm-7k5igzu Pursuing a position where my varied communication skills, and know-how of general technological hardware and software are taken full advantage of to help others. Data Entry - Highly Proficient Technical Support - Familiar Customer Focus & Orientation - Highly Proficient Problem Solving - Highly Proficient Customer Focus & Orientation - Highly Proficient Social Media- Proficient Management& Leadership Skills: Planning & Execution - Proficient Attention to Detail Skills — Proficient Verbal Communication - Expert Del Mar College, Corpus Christi, TX Pursuing Associate of Arts in Digital Media Calallen High School: August 201 1 —May 2015 • Client Experience Technician Anvv,hereWorks [Auc_,lst 17th 2020 - Present] Trained to answer inbound calls from a range of AnywhereWorks brands and customers. Assisting with: - Message and order taking - Relaying information - Appointment scheduling - Live web chats - Troubleshooting • Behavioral Technician (December 2018 - July- 30th) Center for Autism and Related Disorders. Inc. - Corpus Christi. TX Trained to work with children and families affected with Autism Utilizing an understanding of what Autism is and how to teach kids and teenagers with Autism Applied Behavior Analysis (ABA) Techniques I Curriculum development including: language, play, cognitive, social, and motor skills How to reduce problem behavior I How to teach in the natural environment such as the home, school and community I Work with apps, games and web based technology via an iPad. • Office Assistant (July 3rd 2018 - Sept. 12th) Adliance (14-193 S Padre Island Dr.) General office responsibilities: running errands; maintaining interior; data entry; connecting with clients over the phone for Adliance sales team members. • Contractor (Jan. 12- 2018 - 28.:=1 Aransas Princess Condominitims !720 Access Rd 1-A 1 General construction; furniture assembly; home renovation; painting; heavy lifting; power tool operation. • Student Assistant (Jan. 19 , 2017 — June 28th 2017) SWC (White Libra?. General customer service; greeted visitors and provided basic information to faculty, staff, students, and the general public; signed students or visitors into the system; helped with computer and other technical issues; answered phones, took messages, and guided callers to appropriate dept/person; data entry; maintained daily employee log; gave brief tours of the floor; prepared materials as directed; maintained inventory of office supplies; helped with special assignments; trained new employees. Guest Associate (Nov. 4�h 201e — Jan. 4-, 2017) GameStop IS Padre Island) Recommending, and helping find merchandise based on customer preference; using computers and mobile technology to input, process and receive data; supplying customers with answers or solutions to specific inquiries; displaying and maintaining appearance of merchandise; sorting inventory stock rooms. • Sales Associate (Aug. 6,h, 2016 — Sept. 27-`' 20 16) Journevs 0488 S Padre Island Dr. -15 10) Displayed and maintained appearance of merchandise; sorted inventory stock rooms; recommended, and helped find merch based on customer preference; used computers to input, process and receive data; supplied customers with answers or solutions to specific inquiries; sold between $1,000 - $2,000 a day; met and exceeded sales goals daily. sY� CITY OF CORPUS CHRISTI Submit Date:Jan 11, 2021 Application for a City Board, Commission, Committee or Corporation Profile Eli McKay First Name Last Name Email Address 1008 Marguerite St. Street Adaress Corpus Christi TX 78401 Cit. Stale Postal Code What district do you live in? W District 1 Current resident of the city? r Yes r No If yes, how many years? 9 Home: (361) 425-3449 Mobile: (970) 433-9329 Primary Phone Alternate Phcne Oakley Store Manager Emplover Joo`itle Work Address - Street Address and Suite Number 5488 SPID#1406 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78411 Pli MrlKav PnrIP 1 of F, Work Phone 3619801154 Work E-mail address ostore185manager@a oakley.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ANIMAL CARE ADVISORY COMMITTEE: Submitted CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CRIME CONTROL& PREVENTION DISTRICT: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted MARINA 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) High school diploma with some college from Colorado Mesa University. I have 16 years of management experience from corporate retail stores to local organizations as well. I am active in several local political groups, as well as environmental ones as well. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Marina Advisory Committee 2. Animal Care Advisory Committee 3. Crime Control & Prevention District Why are you interested in serving on a City board, commission or committee? I am ready to give more to my city than tax dollars, and my opinions on social media. I see the beauty and potential that our city has, and want to do all that I can to be a part of that progress. I am a homeowner in District 1 and am ready to join the process of what makes our city an amazing place to live. Please consider me for a position. olca al Pli MrVw Pana 9 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? � 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 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 Pli MrKav Pnr1P q of 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 Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W Environmentalist 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? s Yes (- No 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 Property Owner 9 Resident Verification Ph KArlCav Parra d 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. 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 Fli MrW4x/ Pang r; of F, Eli McKay 1008 Marguerite St. Corpus Christi Texas 78401 - 970.433.9329 Experienced manager and organizer seeking employment in a positive &fast-paced environment, where I can share and grow my organizing skills and passion for justice with others. Store Manager-Oakley-September 29,2019-Present 0 Manage all operations of the location. Network, hire &train all staff for scheduling needs throughout the year. Ensure all marketing is current and displayed according to company standards. Conduct inventory, record daily bank deposits,and process weekly payroll for all employees. Ensure sales goals are met and that excellent customer service is provided.Take customer service issues both on the phone and in-person and resolve them. Insurance Account Representative-Joely DelVecchio State Farm-January 7,2019-August 2019 0 Conducted business for State Farm Bank as a Licensed General Lines Agent for life,accident, health, HMO, property, and casualty insurance. Daily office tasks such as answering incoming phone calls, processing payments,writing new policies, and making changes requested by the insured. Ensured all clients and future clients are assisted with the utmost care and respect for their needs—experience with NECHO,ABS, & ECRM operating systems. Field Manager-Beto O'Rourke Campaign June 19,2018-November 15th,2018 0 Lead a team that organized hundreds of volunteers across Nueces County to talk to more voters than any campaign in Texas history. I managed 4 Field Organizers who in turn managed hundreds of volunteers to block walk/canvass, phone bank, run voter contact training. We were able to open six temporary brick and mortar campaign offices throughout Corpus Christi and have them fully staffed with volunteer leaders providing three shifts of phone banking and block walking every day. Managed social media marketing, event planning, and management for all local events. Responsible for running daily check-in calls, onboarding,and training new staff, conducting goal reviews,and giving feedback. Store Manager Chubby's Mattress October 1,2014-September 11,2017 0 Hiring and training of all new sales associates. Oversee cash handling, bank deposits,and payroll tracking.Communicated effectively with warehouse staff, account reps, upper management, and customers and managed social media marketing on Facebook& Instagram. Ensured that the highest customer service level was upheld during telephone or verbal interactions and handled any customer service issues that may have arisen. Filed paperwork according to state law and company policy. Store Manager Sunglass Hut-April 2,2004-October 1,2014 0 Managed operations of store location based on corporate standards. Networked, hired & trained all staff for scheduling needs throughout the year. Ensured all marketing was current and displayed according to company standards. Conducted inventory, recorded daily bank deposits, and processed weekly payroll for all employees—achieved sales goals for personal and store that were met through consistent customer service.Answered customer service issues both on the phone and in-person and resolved them. Education • Estelline High School May 2002 • Colorado Mesa University Psychology May 2010 Other Qualifications 0 2020 City Council Campaign O 1 ran for the District 1 city council seat here in Corpus Christi last fall. During the campaign, I organized a slate of five candidates and put together The People's Platform. This is a collective mission to put people over profit in our city, and for the citizen's best interest to come first. Our Coastal Bend Labor Council endorsed me in this race and our local Coastal Bend Sierra Club Chapter. • Digital Skills O Experienced building websites with Wix, and Nationbuilder O Experienced with VAN, Slack, Discord, and Spoke O Experienced with Excel and Google drive platforms O Experienced in making lists and cutting turf for organizing efforts. O Experienced with Zoom and Teams References • Victoria Munt Rogers-victoria@gulfscapes.com;361-548-6804 • Alison Ford - alison.ford.politics@gmail.com;615-738-0719 • Julie Rogers - rogersjuliet@gmail.com;361-461-1967 CITY OF CORPUS CHRISTI Submit Date:Jan 06, 2021 Application for a City Board, Commission, Committee or Corporation Profile Elizabeth Perez First Name Last Name Email Address 434 Montclair Dr Street Address CORPUS CHRISTI TX 78404 City Stale Postal Code What district do you live in? V District 4 Current resident of the city? r Yes r No If yes, how many years? 39 Home: (361) 207-0157 Business: (361) 882-4357 Primary Phone Alternate Phone Herrman-& Herrman PLLC - Intake_Manager Employer Job Title Work Address-Street Address and Suite Number 434 Montclair Dr Work Address-City Corpus Christi Work Address-State TX Work Address-Zip Code 78412 Dli-7nhcth Doro-7 Dnrrc 1 of C� Work Phone 3618824357 Work E-mail address Lizperez@herrmanandherrman.com Preferred Mailing Address PF Home/Primary Address Which Boards would you like to apply for? CRIME CONTROL& PREVENTION DISTRICT: Submitted LIBRARY BOARD: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted MARINA 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: None Education, Professional and/or Community Activity (Present) I attended and graduated from Incarnate Word Academy in 1999. 1 currently work for Herrman & Herrman, PLLC and I recently ran for City Council, At-Large. I would like to stay active with our community and serve on a city board. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Library Board Crime Control & Prevention District Why are you interested in serving on a City board, commission or committee? I have a deep passion for our city and I believe I can help do some good for our community by lending my voice, ideas and opinions. Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Demographics Mi-7nhcth Dore Dnnc 7 of 1; Gender P 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. N/A Board-specific questions (if applicable) Mi-7ahnth Dcrc-7 D�nc of Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? Pr None of the above Question applies to MARINA ADVISORY COMMITTEE The Marina Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? Pr 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 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. I Agree 17li-7nhoth Dorm-7 Dnnc it of E; 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. V 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. rJ I Agree Mi-7nhcth Dore Dnnc G of 1; CITY OF CORPUS CHRISTI Submit Date: May 06, 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 Pastal Code What district do you live in? " W 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 Altemate Phone Bonilla& Chapa Paralegal Emoloyer .ieo T'.tle Work Address - Street Address and Suite Number 2727 Morgan Ave. Work Address - City Corpus Christi Work Address - State Texas Work Address -Zip Code 78405 KAalicca Pinc Pana 1 of F Work Phone 361-881-1000 Work E-mail address mel issa.ri os@ bon i I la-chapalaw.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted CORPUS CHRISTI COMMISSION ON CHILDREN &YOUTH: 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) 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? would like to have a more active role in my community. I am very involved with the local arts. KAolicca Pinc Panc 9 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 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. answered "No"on the question about my employer, but I'm not certain what contract my employer might have with the City, if anything. Maliccn Rinc Pana I 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 LOAM REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W 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? W 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 KAalicca Pinc Pane 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. 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 Maliccn 1--?inc Parra 1; of F% 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(NALA) 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 jrunde(cwshllp.com Celia Garcia, Attorney Brock Person Guerra Reyna, P.C. 17339 Redland Road San Antonio, Texas 78247 210.979.0100 cgarcia(d,)bpgrlaw.com Isabel Martinez, Office Manager Hoblit Darling Ralls Hernandez & Hudlow LLP 6243 IH 10 W, Suite 601 San Antonio, Texas 78201 210.224.9991 imartinez(andr-law.com SISTER CITY COMMITTEE One(1)vacancy with term to 9-1-23. Duties The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor,the City Council,the City Manager and all other City agencies,boards and officials in accomplishing the purposes of the Sister City Program. Composition The Committee shall consist of nine(9)members who shall be appointed by the City Council and shall serve three-year terms.In addition,representatives from the following City departments shall serve as ex-officio,non-voting members of the steering committee:Mayor's Office,Corpus Christi International Airport and Parks and Recreation. The officers of the steering committee shall consist of a General Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by majority vote ofthe Sister City Committee annually. If the General Chair is absent,the Vice-Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as,in its judgment,will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee,its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and,at the option of the steering committee, members from the community at-large. Member Size Term Length Term Limit 9 3 6 Appointing Name District Term Appt.date End date Authority Position Status Emma Manda District 2 1 4/13/2021 9/1/2023 City Council Declined the appointment Deacon Mark C Arnold District 4 1 9/18/2018 9/1/2021 City Council Active Melody H.Cooper District 3 1 11/7/2017 9/1/2021 City Council Chair Active Fernando Moral-Iglesias District 5 Partial 2/18/2020 9/1/2021 City Council Active Mr.Luis F Cabrera District 2 1 8/27/2019 9/1/2022 City Council Active Valerie Harbolovic District 4 lPartial 4/13/2021 9/1/2022 City Council Active Susane"westi"Horn District 5 1 8/27/2019 9/1/2022 City Council Active Almira Flores District 4 2 9/7/2017 9/1/2023 City Council Active Mirza Pearson District 3 1 4/13/2021 9/1/2023 City Council Active Mayor's Office Rep. N/A N/A N/A Ex-Officio,Non-voting Active Parks and Recreation Rep. N/A N/A N/A I I Ex-Officio,Non-voting JActive C.C.International Airport Rep. N/A N/A N/A I lEx-Officio,Non-voting JActive 5-25-2021 SISTER CITY COMMITTEE Applicants Name District Status Carmen Aguirre District 4 Applied Michael Crowley District 4 Applied Yan Yan He District 5 Applied Scott A Lawson District 5 Applied Pedro Oliva es I District 3 jApplied Terri Cissi Whipple I District 3 jApplied CITY OF CORPUS CHRISTI Submit Date: Jan 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ms. Carmen Aguirre I're ix 1-lrst Narne Last Name L 1,1,11 Addres 348 Palmetto St. Sueel A.nlrrs_, Corpus Christi TX 78412 i-it) State PUSt01 Code What district do you live in? " W District 4 Current resident of the city? c Yes c No If yes, how many years? 19 years Mobile: (361) 462-9851 Business: (361) 883-5155 Pnrnary f'nr3ne Alternate Phone Self Hair Salon Owner and Stylist Lmhl.tyrr Joh dle Work Address - Street Address and Suite Number 3765 S. Alameda Suite 1101 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78411 KAc r-nrmon Arrt drro Dano 1 of F, Work Phone 361-883-5155 Work E-mail address aguirrecamille@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) High School. No other professional or community activities at this time. 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? I am originally from Mexico and am very interested in working with our Sister Cities in Mexico to strengthen our relationships with these Sister Cities. I am fluent in Spanish and believe this would be a great asset to the Committee Are you an ex-Officio member of a City Board, commission or committee? c 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 KAc (`armnn Arvi iirro Dano 7 of F, 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? c Yes (-. No Does your employer or your spouse's employer have a City contract? c 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? c 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? c Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? c 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) hAc ('armon Armirro [Dnno 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. 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 1 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 AAc ('nrmon Arvi iirro Dorm 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 AAc (-nrmon Amiirro Dano 1; of r, CITY OF CORPUS CHRISTI Submit Date: Apr 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Michael Crowley irsl IVanu' Lasl Narne I:rnail Addr—S 402 Robert Drive ';Ire­l Aodro— Corpus Christi TX 78412 Olt, Stag 1'ua1a1 Crude What district do you live in? V District 4 Current resident of the city? c Yes r No If yes, how many years? 1 Home: (312) 597-0458 Home: (312) 597-0458 Pnrnary Phone Ahernete Phune US Navy Production Officer I mplo"-, Jub line Work Address - Street Address and Suite Number 8851 Ocean Drive Work Address - City Corpus Christi Work E-mail address michael.a.crowley2@navy.miI Preferred Mailing Address V Home/Primary Address AAirhnol C mXA119aW Dano 1 of A Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? r• Yes c 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) Engineering/Energy Why are you interested in serving on a City board, commission or committee? I have recently lived in Japan and found out that the city I lived in is the sister city to Corpus Christi. Also, their 50 year anniversary is in 2022 and I would love to participate in it. Also, working as a utility and energy manager for a military base in Japan, allowed me to have contact and meet with multiple Japanese businessmen in the oil and gas business; most specifically Tokyo Gas. I believe there is great opportunity for the city of Corpus Christi to increase their business relationship with Japan and hopefully bring in some investor development. Upklad.'Iiosuni': 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 Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest KAirhaal r`rnVnilo%i Dfanin of A Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? c 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? c 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? c Yes c 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 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) KAirhnol (`rrnn111aXr Dnrvo 2 of 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 cornmission 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. v 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 Uirhnol (`rn%nilo%i Dario A of A Michael A. Crowley Phone:312-597-0458 Email: 16 YEARS EXPERIENCE IN TECHNICAL/ENGINEERING SYSTEMS RANGING FROM NAVAL AIRCRAFT, TO RAPID RAIL POWER DISTRIBUTION, TO UTILITY PRODUCTION AND DISTRIBUTION SYSTEMS AND FACILITY MAINTENANCE/OPERATIONS. EXCELLENT TEAM BUILDING SKILLS, TRAINING/MENTORSHIP,AND LEADERSHIP SKILLS. Quality Assurance Standards •Team Builder • Performance Evaluations • Logistics Management Time & Resource Management • Diverse Engineering Experience PROFESSIONAL EXPERIENCE U.S. NAVY, NAVFAC SE Jan2020 - Present Production Division Director, GS-1601-13, NAS Corpus Christi,Texas Leads and supervises 68 employees that is responsible for all trade skilled and in-house labor, utility production and distribution, and all transportation and heavy equipment needs for Naval Air Station Corpus Christi. Provides all products and services for CNIC (Commander, Naval Installations Command) and all tenant commands for NAS Corpus Christi. Treats and distributes over 1 million gallons per day of potable water, as well as 800,000 gallons of wastewater treatment per day to serve a population of 10,000 people. Manages the UP (Utilities Privatization) contract for NAS Corpus Christi's electrical distribution system which supplies 35 MW-hr of electrical power to the base 24/7. Manages and directs all in-house shop force labor, with 48 trades people ranging from electricians, HVAC techs, pipefitters, plumbers, carpenters, locksmiths to alarm/fire/inaintenance technicians. Ensures all scheduled work, to include preventative maintenance and projects, are in alliance with mission goals and budget. Advises senior management on all matters pertaining to core infrastructure, transportation, and mobilization of shop forces. Gives presentations on metrics and condition of readiness within core infrastructure of the installation. Manages utility project development, to include: specifications, CAD drawings, scopes of work, and independent government estimates. Develop apprenticeship and training programs for shop trades. Coordinate with the local community college to develop curriculum to aid in the"formal training" aspect of a formal apprenticeship. U.S. NAVY, NAVFAC FE Dec2017-Jan2020 Utilities Director, GS-1601-12, NAF Atsugi,Japan Responsible for military installation's entire core infrastructure, which is to include: electrical transformation and delivery (300MW-hr/day), steam generation (up to 2,OOOt/day), water treatment(1 million gallons/day) and wastewater treatment(800,000 gallons/day) and oversight of all supporting distribution infrastructure for all core operating systems. Reviews and interprets engineering plans and specifications, manages production processes that include planning, estimating, material procurement, scheduling, work execution, quality control and resource management required to ensure continuous operations. Subject Matter Expert of all commodities and all aspects of operations within Utilities and Energy Management. Advises upper management on all utility matters involving organization and operations, and potential/actual emergencies. Works with foremen and work management software systems (Maximo) to develop projects for long term planning and efficient operation of equipment and assets. Works with the Installation Energy Manager to determine any conservation and energy efficiencies within systems and implements such projects through energy funding streams. Also, coordinates with the energy manager on Energy Services Performance Contracts (ESPC) for the installation. Supervises 55 employees; to include host nation employees, and USCS personnel. Initiates and manages personnel recruitment, promotions, awards, budget, and workload, Serve as Navy Working Capital manager for UEM and is responsible for the overall planning and execution of a $57 million operating budget. Responsible for all utility funding programs, including SRM, CIP, MMRP, and J-FIP funding programming. Michael A. Crowley Phone:312-597-0458 Email: U.S. NAVY, NAVFAC FE Aug2015- Dec2017 Utilities Commodity Manager, CS-0301-12, NAF Atsugi,Japan Serves as Installation Utilities Commodity Manager for Naval Air Facility Atsugi, Japan. Primary responsibilities include management and oversight of the ODW (Overseas Drinking Water)program for the installation. Serve as SME for installation's 1.32 million gallon/day drinking water treatment facility. Acts as ORC (Operator in Responsible Charge), which assumes authority of the entire water treatment and distribution system. Work with the Environmental department to properly monitor the water quality and ensure it is of the best quality available. Work with work management software, Maximo, to write work requests, track work orders, and help in project development. Aid in the development of the Utilities Infrastructure Condition Assessment Program (U-ICAP) for UEM for asset tracking and work management. Also, develop the Preventative Maintenance Program, within U-ICAP, to help optimize resources and manpower. Develop scopes of work (SOW) and estimates for projects to correct deficiencies and changes in infrastructure or customer demand. Work with the Installation Energy Manager to develop projects and programs to reduce energy and conserve resources. Execute projects and SOW for water/wastewater systems for the treatment plant upgrades as well as assist in the development of alternative treatment technologies. Develop projects through multiple funding streams (MMRP, SRM, CIP, JFIP) for long term, high value projects for all commodities within the Utilities and Energy Management department. Attend WIB meetings and track work induction and ensure projects meet budget and schedule. Work with Japanese MLC (Master labor Contractors) within all aspects of duties and responsibilities. Aid in translating all correspondence between MLC and the US government within the UEM department. SOCIAL SECURITY ADMINISTRATION, July2014-Aug2015 Mechanical Inspector/Estimator, Chicago, Ill. Performs a variety of inspection duties relating to the performance of contractors charged with the building maintenance and repairs. Performs daily inspections of some or all of the following areas: heating, ventilation, air conditioning, electrical, plumbing, security and fire protection equipment to insure that equipment is in good mechanical condition and capable of operating at specified performance levels; makes examinations of elevator systems and the various components while in operation as well as in a stand-by condition; perforins inspection of space alterations and construction projects while work is in progress to ensure conformance with the contract specifications and industry standards; reviews initial work list prepared by the contractor regarding deficiencies existing prior to the beginning of the contract; ensures that the contractor develops and maintains all schedules, check charts and reports required by the contract; accompanies design and construction division inspectors in the performance of inspections; and checks and evaluates service call reports to determine if proper response time is being maintained and to determine cause of recurrent malfunctioning of equipment and systems, etc. Managed ESPC contract during performance period. Prepares project Statements of Work(SOW), assumes the role of Project Officer, when necessary. Develops Independent Government Cost Estimates (GCE) and prepare requests to the contracting officer to modify the Consolidated Facility Management Contract(CFM) and other contracts awarded by the SSA. HYPERLOOP TRANSPORTATION TECHNOLOGIES, June2014-June2016 Sr. Engineering Technologist Responsible for management and milestone creation/tracking for engineering specialists. Team leader for the Geometry Control/Intake design team. Provided engineering analysis to HTT upper management on the feasibility of certain paths/routes for Hyperloop tubes, as well as intake design options for Michael A. Crowley Phone:312-597-0458 Email subsonic, trans-sonic, and supersonic speeds. Provides advanced technical guidance to the company, own and drive quality metrics. Also act as an individual contributor within HTT. Provide schedule estimates, feasibility analysis, and expected delivery dates including scope of delivery to senior HTT management as well as Product Management teams. CHICAGO TRANSIT AUTHORITY, Mar2011-June2014 Sr. Power Engineer, Chicago, 111. Responsible for all engineering design, O&M, PM, and troubleshooting of the Authority's rail department, with over 220 miles of electrified rail, 61 substations, and over 3GW-hr of power delivered every month. Supervised over 60 field personnel to ensure compliance with the Authority's standards,procedures, preventive maintenance schedules, applicable government regulations, and established safe work methods. Investigates electrical problems to determine cause of malfunctions and failures. Developed, engineered, and applied solutions to reduce or prevent future problems. Read, interpret, and modify specifications, electrical schematics, and construction drawings to ensure compliance to the Authority's standards and methods. Design and modify various electrical circuits by applying engineering methods and principles. Receives and analyzes requests for traction power distribution, electrical equipment installations, and modifications. Prepares, reviews, analyzes, and estimates cost to perform requested work. Develops, proposes, and implements maintenance procedures for all traction and ancillary power equipment. Coordinates training for all Power Maintenance linemen and lineman helpers. Directs department personnel and the Control Center during rail service emergencies. Conducts disciplinary interviews. Makes sure that CTA negotiated Labor- Agreements are followed. Assists in the development of budgets and maintains adherence to them. UNITED STATES NAVY, July2004-December2O10 Supervisor, Electrical Organizational Maintenance,Naval Air Facility Atsugi,Japan (2007-2010) Managed all functions and activities within the Aviation Electricians' work center, maintaining 12 SH- 60F/H helicopters and supervising 14 aviation electricians. Subject Matter Expert on all electrical systems. Managed 2 Naval Aviation Maintenance Programs; the Compass Calibration Program and Battery Safety Program. Evaluated and modified training programs, inspected aircraft for safety of flight related discrepancies, and trained personnel in all electrical matters. Analyzed trends to identify aircraft discrepancies, inspection procedures, and workmanship. Ensured compliance with all proper instruction manuals. Knowledge of DoD Regulations governing the use of computer/information systems (Vulnerability Management System), and Security Technical Implementation Guide. Aviation Electrical Technician, Naval Air Station, San Diego, CA (2005-2007) Maintained and repaired electrical, instrument, and power systems on 22 SH-60F/H helicopters. Includes electrical power generation, conversion, and distribution systems; aircraft/airframe systems, including hydraulic, landing gear, flight control, anti-icing, rain control, anti-skid braking, fire protection, utility, and power plant and power plant related systems; instrument systems, including aircraft engine, flight, and other indicating and warning systems; automatic flight control and stabilization systems; aircraft compass systems; attitude reference systems, inertial navigation; uses computers in various aspects of work; applies hazmat procedures and corrosion control techniques. Michael A. Crowley Phone:312-597-0458 Email: EDUCATION & CREDENTIALS High School Diploma: St. Rita High School, Chicago, I11. College: Illinois Institute of Technology, 100 credit hours toward a BS in Physics. Professional Development: Cross Connection and Backflow Prevention Specialist, ODW Level 1 Operator for Water Treatment and Distribution, General/Avionics Corrosion Control means and methods, Contract writing, COTR (Contract Officer Technical Representative) certification. Familiar with computer programming languages (C#, Java, Python) and multiple operating systems and programs ranging from open source and proprietary software (AutoCAD, Matlab, Mathematica, Python) association. Can speak conversational Japanese and some Spanish. Activities, Honors, and Awards: NAVFAC FE Employee of the Quarter, 2nd QTR, FYI & FY20 Certificate of Commendation for On the Spot Award, August `16 Member of the International Electrical and Electronic Engineers (IEEE) CITY OF CORPUS CHRISTI Submit Date: Jan 20, 2021 Application for a City Board, Commission, Committee or Corporation Profile Ms. Yan Yan He I'ri;lia First Nana Last IJarrie I mad Adclras„ 2003 Airline Rd. Unit G3 :�Ircet Ac9)reay Corpus Christi TX 78412 r:ur Sete f ustal Cocte What district do you live in? W District 5 Current resident of the city? r• Yes c No If yes, how many years'? 12 Mobile: (361) 510-9769 Business: (361) 334-1888 l'nrnar,Pnune Nllarrtwe Phone Dao Cuisine Owner Ln'iploy�r Job I the Work Address - Street Address and Suite Number 2033 Airline Rd. Unit G3 Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78412 KAc Vnn Vnn No Dano 1 of r, Work Phone 361-334-1888 Work E-mail address daocuisine1888@gmail.com Preferred Mailing Address W Work Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: 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) N/A Why are you interested in serving on a City board, commission or committee? I was born in China and believe I would be an asset to the committee with my language skills and background in China. Are you an ex-Officio member of a City Board, commission or committee? c Yes (-. No Demographics Gender V Female KAc Vnn Vnn Wn Dano 7 of F, 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? c Yes c No Do you, your spouse, your business or your spouse's business have a City contract? c Yes c No Does your employer or your spouse's employer have a City contract? c 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? c 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 It 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) AAc Vnn Vnn Wn Dano 2 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 AAc Van Van Win Donn 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 NAc Van Vnn No Dono G of F, CITY OF CORPUS CHRISTI Submit Date: Apr 27, 2021 Application for a City Board, Commission, Committee or Corporation Profile Scott A Lawson hrsi Nawo Middle Initial Las[Name F_mail Addreas 3913 Priscilla Dr Slrcn Akidr.!— Corpus Christi TX 78414 aa' State Posial Code What district do you live in? V District 5 Current resident of the city? r• Yes c No If yes, how many years? 5 Mobile: (417) 437-9997 Mobile: (417) 439-1392 hwnary Alternate Phone Work Address - Street Address and Suite Number 3913 Priscilla Dr Work Address - City Corpus Work Address - State TX Work Address - Zip Code 78414 Work Phone 4174379997 Cr-ntt 0 I CIInrcnn Dano 1 of 7 Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? AIRPORT BOARD: Submitted ARTS & CULTURAL COMMISSION: Submitted BOARD OF ADJUSTMENT: Submitted BUILDING STANDARDS BOARD: Submitted CITIZENS ADVISORY HEALTH BOARD: 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 REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CRIME CONTROL & PREVENTION DISTRICT: Submitted ETHICS COMMISSION: Submitted HOUSING AUTHORITY: Submitted HUMAN RELATIONS COMMISSION: Submitted LANDMARK COMMISSION: Submitted LIBRARY BOARD: Submitted PARKS AND RECREATION ADVISORY COMMITTEE: Submitted PLANNING COMMISSION: Submitted SISTER CITY COMMITTEE: Submitted WATERSHORE AND BEACH ADVISORY COMMITTEE: Submitted REGIONAL HEALTH AWARENESS BOARD: Submitted ISLAND STRATEGIC ACTION COMMITTEE: Submitted STREET MAINTENANCE FEE BOARD OF APPEALS: Submitted FLOOD HAZARD MITIGATION INFORMATION COMMITTEE: Submitted REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD: Submitted SENIOR CORPS ADVISORY COMMITTEE: Submitted CONSTRUCTION TRADE ADVISORY& APPEALS BOARD: Submitted Interests & Experiences Are you a registered voter? (-. Yes c No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Cr•ntt A I flUICnn Dario 7 of 7 Education, Professional and/or Community Activity (Present) Retired Manufacturing Manager, former United Way county chair, State Manufacturers council president, quality awards foundation auditor using Baldric Award criteria, Batchelor of Business Administration, Mini- MBA Why are you interested in serving on a City board, commission or committee? Apply knowledge and experience to helping city and community iuk;:,d�f icssume. Are you an ex-Officio member of a City Board, commission or committee? c Yes c.- 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 c 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? c 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? c- Yes (.- No Gantt 0 I ntnicnn Dano 2 of 7 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 � 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 N/A. N/A Board-specific questions (if applicable) Oueshon apphus to Ali I S&(All I URAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Architecture JuetAion etpphus to RIJILDINGI STANDAIIDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W Building Materials Dealer Ouestion applies to IiUILDIIV( S IANDAIiUS BOARD Are you a Homeowner in the City of Corpus Christi? c Yes ( No Ouosbori apphos to CORPUS Cl iRlSl l(J UMUNI I IMPROVEMENT CORPORATION,r LOAN REVIEW COMMI ITEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W Architect W Engineer OusGun applies to C01 WW;Cl IRIS I 1 CONVI N-IION&VISITTORS RUREAU 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 Qnntt A I nMenn Dano A of 7 0oustion apphes to HUNIAN R11A I IONS COMMISSION The Human Relations Commission preferred representatives from certain categories. Do you quality for any of the following categories? W None of the above Otlostion applies;to ISLAND WS IF IF(_1 K,ACTION COMMII IFF ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? W At Large Representative who is a City Resident OLIOStion applies to LANDMARK COMMISSION The Landmark Commission preferred representatives from certain categories. Do you qualify for any of the following categories? " W Architect W Structural or Civil Engineer At-Large UUe,Sh0A appkli to LIBRARY BOARD The Library Board preferred representatives frorn certain categories. Do you qualify for any of the following categories? „ W None of the above Question applies Io WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? W Engineer Otiostion applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r• Yes r- No Ouestum apphes to PLANNING COMM SION,COI WUS CII lI i I I B COHPORA I ION,CONPUS CHRIS fl BUSINESS AND JOB DI VEI.OPMENI COIWOHAIION Are you a registered voter? r• Yes c No «uu_itiun applies to I LOOD 1WAIit)M11 IGA I ION INI=ORMAI ION COMMITTEE The Flood Hazard Mitigation Information Committee must include a representative from certain categories. Do you qualify for any of the following? " FJ None of the above Crrntt A I faXAicnn D�rro of 7 OHoStion to Iit INV[ Sl ML.N I LUNE No 4 (NOR I I I BLAU I)BOARD Are you 18 year or older? c- Yes ( No Ot.loston�tppfies to HI INV[ 1 I MENT ZUNI NU.4(NOR I I I BEACH)BOARD The Reinvestment Zone No. 4 must include a Community Member who must be a resident within the TIRZ No. 4 (North Beach) Zone and own or lease property within the Reinvestment Zone No.4 (North beach). Do you qualify? (-- Yes ( No Uti stion apphrs to Sl N101 CORPS ADVISORY COMMIT TEE The Senior Corps Advisory Committee must include members representing certain categories. Do you quality for any of the following categories? W At Large Ghi2stion�ipt)hes to CONST RUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? JW Engineer or Architect 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 Cr-ntt A I oin/cnn Dearvo P of 7 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. I;W 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 Crntt A I faMenn Dano 7 of 7 Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi TX 78414—417.437.9997—:4MOMMUNOW.linkedin com/in/scottallenlawson/ Professional Experience Horton Automatics Corpus Christi,TX 2016-2020 Product Manager, Revolving Doors, Security Products ■ Manage Revolving Door& Security product lines ■ Develop new products Ergon Consulting Grove and Owasso, OK 2015-2016 Consultant/Problem Solving ■ Aerospace manufacturing and machining emphasis,AS9100 certification ■ A3 Facilitation,Acting Safety Coordinator,Team Building, Employee Involvement CST Storage Parsons,KS 2013-2015 Plant Manager ■ P&L for$67 million annual budget, ISO 9001 certified, 6 years with no lost time injury ■ Managed Production, Maintenance, Purchasing, Production Control and Scheduling Knapheide Truck Kansas City,MO 2012-2013 General Manager ■ Responsible for P&L, policy, personnel, budget, customer relations, Sales and Production ■ Directed all functional departments,truck pool and inventory, ISO 9001:2008 certified Newell Coach Miami, OK 2002-2012 Vice PresidentlManu facturing ■ Led manufacture of custom motor coaches with 208 employees in 15 departments ■ Negotiated several Collective Bargaining Agreements ■ Directed Safety, Quality, Production, Scheduling, Procurement, Service and Maintenance ■ Managed 16 acre facility, 130,000 square feet under roof seven-figure materials inventory, eight-figure work in process and eight-figure finished goods inventory Newell Coach 1996-2002 Plant Manager ■ Implemented lean manufacturing, oversaw Six Sigma Black Belt projects ■ Built effective team through hiring and coaching Newell Coach 1992-1996 Special Projects Manager ■ Developed Special Projects program ■ Customers'request/need fulfillment, Production Liaison Newell Coach 1990-1992 Quality Manager ■ Implemented quality system and processes ■ Affected improved product quality and customer satisfaction Newell Coach 1982-1992 Designer and Engineer ■ Designed over 600 unique motor coaches ■ Built relationships with customer, peers and suppliers Scott A. Lawson 3913 Priscilla Dr —Corpus Christi TX 78414—417 437 9997 linkedin conyin/scottallenlawson/ 21 i,,wY Scott A. Lawson 3913 Priscilla Dr..—Corpus Christi,TX 78414—417.437.9997— linkedin conyin/scottallenlawson/ Previous Experience ■ Engineering roles with Titan Rig(mobile oil rigs), Funk Manufacturing (now John Deere) and Ajax-Atlas (structural steel buildings) Highlights ■ Exemplary integrity ■ Mentor to middle managers, resulting in much higher performance ■ Oversaw multiple locations, shifts and departments simultaneously ■ Implement/foster lean manufacturing using 5S, Six Sigma and SPC methodology ■ Chairman of the Board of Directors of the esteemed Oklahoma Manufacturing Alliance ■ President of Grand Lake Manufacturers' Council ■ Team Leader for the Oklahoma Quality Award Foundation ■ Influence many companies through lean, ISO, Baldrige Award criteria and Six Sigma ■ OSHA 10 Certification Skills ■ Lean Manufacturing, team building and employee empowerment ■ Human Resources leadership and staff development ■ Customer/vendor relationships and partnerships ■ Contract negotiations (union, vendor, supplier and customer) Core Accomplishments ■ State record for longest running SHARP safety award ■ Doubled revenue, increased capacity, reduced costs through lean transformation ■ Increased annual profits by 150%through continuous improvement processes ■ Reduced employee turnover to under 5%per year ■ Improved safety from 16 accidents at$500,000 per year to 4 accidents at$50,000 ■ Coached middle managers to higher efficiency and success ■ Improved workplace morale through various employee involvement initiatives ■ Applied visual workplace techniques and posted measurable metrics ■ Raised workplace organization, neatness and cleanliness through 5S programs ■ Reduced foot travel by many miles through pull systems ■ Decreased production line work station count, saving considerable WIP and space ■ Created kanban systems and 2-tiered racking to improve inventory management Education Pitt State University Pittsburg,KS 1994 Bachelor of Business Administration, with honors ■ Summa Cum Laude (4.0 GPA) ■ Member, Delta Mu Delta and Phi Kappa Phi The University of Tulsa Tulsa, OK 2000 Mini MBA, ■ College of Business Administration ■ Center for Excellence and Professional Development Texas A&M Corpus Christi,TX 2016 Six Sigma Black Belt CITY OF CORPUS CHRISTI Submit Date: Feb 02, 2021 Application for a City Board, Commission, Committee or Corporation Profile Pedro Olivares Dust Name Lost Name 1.mail Addross 4622 Moravian Dr. Corpus Christi Slleei Addy-, Suite or Apt Texas TX 78415 Gil, Slate Puslal Cudo What district do you live in? " W District 3 Current resident of the city? c Yes c No If yes, how many years? 70 Mobile: (361) 290-3707 Home: (361) 257-2018 Pr niary Phone Alternaie Phone Work Address- Street Address and Suite Number Work E-mail address Preferred Mailing Address V Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TX: Submitted SISTER CITY COMMITTEE: Submitted Interests & Experiences Dorlrn nlixiaroc Dano 1 of Are you a registered voter? r Yes c 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 School teacher., Administration Why are you interested in serving on a City board, commission or committee? i wish to contribute to the City. Are you an ex-Officio member of a City Board, commission or committee? c 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 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? c 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? c Yes r No Dorlrn nlixinroc Dano of C� 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 c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes cw 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. Board-specific questions (if applicable) Uuestion ahphos to A[ &CUL1UIMt COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you quality for any of the following categories? None Selected OLIOMMI apples Io POH 1 OF("OIiPU<;CHRIS H AUTHORITY OF NUECf_S 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 0[lostion apphas to POH I Ol C(riil'U>CFIIIN I I AUTHORITY OF NUE-CES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Dnrlrn (llixinroc Dnrvo 2 of C; 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. I✓ 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 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dorirn (llixiaroc Dnma A of pArlrn r)lixinrrQc pane r, of r, CITY OF CORPUS CHRISTI Submit Date: Aug 13, 2020 Application for a City Board, Commission, Committee or Corporation Profile Ms. Terri "Cissi" Whipple I're hx I-usl Name Last Name Lmad Fddrts 6010 Sharolyn Street tilrG-ei H:1Jres� Corpus Christi TX 78415 stale f'uslal code What district do you live in? fJ District 3 Current resident of the city? r: Yes l^ No If yes, how many years? 25 Mobile: (281) 669-7203 Home: (281) 669-7203 Primary Phone Altwrlale 1'hune USA Ambassador to table Retired Professional Athlete soccer Lmplo,er Job Iltle Work Address - Street Address and Suite Number 6010 Sharolyn Street Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78415 AAc Torri "('icci" \A/hinnin Dano 1 of F, Work Phone 281-669-7203 Work E-mail address Preferred Mailing Address 10 Home/Primary Address Which Boards would you lil((, to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? c 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 am the Goodwill Ambassador of the city of Corpus Christi, TX since 2012. 1 am a retired professional international athlete. I am a former precinct chair for precinct 20. 1 am a former member BOD for Habitat for Humanity Corpus Christi. I am a former member of executive committees of the ambassadors of the Chamber of Commerce. Why are you interested in serving on a City board, commission or committee? I have extensively traveled the globe representing our city or state and our country. I have extensive experience dealing with other countries around the world and was on the international sports Congress. I have developed other countries for our sports and dealt with governments in their areas. I was also recognized by the state of Texas in house resolution 1427. `i Uphwd d f{eSume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No KAc Tnrri "( icci" \A/hinnlo Dano 7 of 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. It you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) AAc Torri "('icci" %A/hinnlo Dario of C; 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 NAc Torri Whinnlo Dano A of r� 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 AAc Torri "(`icci" Whinnho, parvo of F lite 77' 4 , u� City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, May 18,2021 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 11:37 a.m. B. Invocation to be given by Pastor Claude Axel, Mount Pilgrim Baptist Church. Pastor Claude Axel, Mount Pilgrim Baptist Church, gave the invocation C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Paris Watson, Roy Miller High School. Paris Watson, Roy Miller 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: 9- 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,Council Member Mike Pusley, and Council Member Greg Smith E. Proclamations /Commendations Mayor Guajardo announced that the following commendation and proclamation were presented: Calallen Wildcats Soccer Team and Preservation Month. F. PUBLIC COMMENT Mayor Guajardo referred to comments from the public. Carrie Meyer, 4401 Gulfbreeze Blvd., called in regarding the American Rescue Plan Act. The following citizens submitted written public comments which are attached to the City of Corpus Christi Page 1 Printed on 512112021 City Council Meeting Minutes May 18,2021 Minutes: Libby Averyt, 430 Grant Place; and Dawn Abrams, 627 Arrow Rd. City Secretary Rebecca Huerta read an update on public comment procedures. Beginning May 25th citizens have the option of making public comments in person. G. SOUTH TEXAS MILITARY TASK FORCE BRIEFING - EXECUTIVE DIRECTOR KRESTEN COOK Mayor Guajardo referred to the South Texas Military Task Force Briefing. Executive Director Kresten Cook stated that the purpose of the South Texas Military Task Force is to increase awareness of the military. The Task Force's mission is to promote, preserve and protect the area military installations. H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's Comments. a. Memorial Day Preparations City Manager Zanoni reported on the Memorial Day weekend preparations. CEO of the Corpus Christi Convention and Visitors Bureau Brett Oetting presented information on the following topics: Memorial Day Historical Occupancy; VCC forecasting; portrait of American travelers; vacation motivators; power of marketing; and annual power of travel in Corpus Christi. Council Members and Public Works Director Richard Martinez discussed the following topics: in preparation for holiday traffic, a detour route at the Aquarius intersection will be implemented to prevent traffic from backing up on the island bridge. b. Texas Parks &Wildlife Presentation by Captain Ben Baker City Manager Zanoni introduced Texas Parks & Wildlife Captain Ben Baker. Captain Baker briefed the Council on the department's duties, saying that they are conservation police officers and water safety enforcement officers. A Council Member thanked Captain Baker for his service. C. National Public Works Week City Manager Zanoni reported that this week is National Public Works Week. Director of Public Works Richard Martinez stated that this is the 61 st annual Public Works Week. Director Martinez recognized the streets paving crew and stated that 108 projects have been completed. d. Two Years of City Accomplishments City of Corpus Christi Page 2 Printed on 512112021 City Council Meeting Minutes May 18,2021 City Manager Zanoni reported that his two year anniversary with the City is May 20th and gave an update on the City's achievements over the last two years. A community celebration will take place on Saturday, May 22nd from 5 p.m. to 7 p.m. at the Corpus Christi Art Center in recognition of our City's progress. I. BOARD &COMMITTEE APPOINTMENTS: NONE J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 1 - 13) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 11 and 13 be pulled for individual consideration. A motion was made by Council Member Molina, seconded by Council Member Pusley to approve the Consent Agenda with the exception of Items 11 and 13. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 1. 21-0566 Approval of the Minutes of the May 11, 2021 Regular Meeting. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 2. 21-0433 Ordinance authorizing a Wastewater Lift Station, Gravity and Force Main Line Construction and Reimbursement Agreement for up to $2,041,201.17 with Mostaghasi Investment Trust to construct a new Wastewater Lift Station, Gravity and Force Main for a proposed residential and commercial development located west of the U.S. Highway 77 (1-69) and County Road 52 Intersection with a completion date of within 24 months; transferring $372,704.89 from the Water Arterial Transmission and Grid Main Trust Fund, $83,339.25 from the Water Distribution Main Trust Fund, and $101,793.65 from the Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $1,772,500.78 from the Wastewater Trunk System Trust Fund; transferring of future revenue of$268,700.39 collectively from Water and Wastewater lot and acreage fees and pro rate fees to the Wastewater Trunk System Trust Fund; authorizing appropriation of$268,700.39 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. (District 1) City of Corpus Christi Page 3 Printed on 512112021 City Council Meeting Minutes May 18,2021 This Ordinance was passed on second reading on the consent agenda. Enactment No: 032434 3. 21-0214 Ordinance awarding a construction contract to Teal Construction, Inc., Corpus Christi, Texas, for the Corpus Christi International Airport Transportation Security Administration (TSA) Security Equipment Consolidation Project to relocate the existing TSA baggage screening equipment, in an amount of$564,202.00 and appropriating funds from the Federal Aviation Administration (FAA) Coronavirus Aid, Relief, and Economic Security (CARES) Act and amending the FY 2020-2021 budget by increasing revenues and expenditures. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032435 4. 21-0518 Ordinance annexing London Pirate Road (formerly County Road 33), from FM 43 (Weber Road) to the North approximately 1.027 miles, being approximately 3.733 acres of land, into the territorial limits of the City of Corpus Christi increasing the area to 489 sq. miles; and approving a service plan. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032436 Consent- Contracts and Procurement 5. 21-0497 Motion authorizing a three-year supply agreement for automotive parts with Advance Stores Company of Raleigh, North Carolina via U.S. Communities Government Purchasing Alliance an Omnia Partner Cooperative in an amount not to exceed $165,000.00 for the Fleet of the Corpus Christi Fire Department, effective upon issuance of a notice to proceed with FY 2021 funding in an amount of$22,916.67 available through the General Fund. This Motion was passed on the consent agenda. Enactment No: M2021-103 6. 21-0500 Motion authorizing the purchase of a MX908-C Handheld Chemical Identification Device and a five-month service agreement for staff training in an amount of $79,088.25 with FarrWest Environmental Supply Inc. of Schertz, Texas via HGACBuy Cooperative for the Corpus Christi Fire Department effective upon issuance of a notice to proceed with FY 2021 funding through the Fire Grants Fund. This Motion was passed on the consent agenda. Enactment No: M2021-104 7. 21-0267 Motion authorizing a four-year service agreement for Boat Yard Crane Services for Corpus Christi Marina with Esmeralda Flores Sanchez dba Sanchez Marine City of Corpus Christi Page 4 Printed on 512112021 City Council Meeting Minutes May 18,2021 Service of Corpus Christi, Texas, for a total amount not to exceed $80,000.00; with FY 2021 funding in an amount of$8,333.33 funded through the Marina Fund. This Motion was passed on the consent agenda. Enactment No: M2021-105 8. 21-0426 Motion authorizing the purchase of 91 light duty vehicles and the lease-purchase of two light duty vehicles, via JPMorgan, coming from various vendors as laid out in the bid tabulation as additions and replacements to the City fleet for a total amount of$3,486,464.00 to be used by various City departments with FY 2021 funding available through the various department funds. This Motion was passed on the consent agenda. Enactment No: M2021-106 9. 21-0340 Resolution authorizing a three-year supply agreement with Texas Packer and Loader Sales, Inc. dba Texas Pack and Load of San Antonio, Texas, in amount not to exceed $480,000.00 for the purchase of Vacall Vacuum Truck Parts for Asset Management Department, Fleet Division, with FY 2021 funding in the amount of$93,350.00 available through the Fleet Maintenance Fund. This Resolution was passed on the consent agenda. Enactment No: 032437 10. 21-0527 Motion authorizing a three-year service agreement with Advance Paving and Construction, LLC, of Corpus Christi, Texas for an amount not to exceed $168,200.00, for Paint Restoration Services for Asset Management, effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $23,361.00 available through the Facility Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2021-107 Consent- Capital Projects 11. 21-0423 Motion awarding a Master Services Agreement to Gignac & Associates LLC, Chuck Anastos Associates LLC, and Dykema Architects, Inc., all from Corpus Christi, Texas, to provide professional services for general renovations for multiple citywide facility projects with interior, exterior, mechanical, electrical, plumbing, and site civil design services in an amount up to $300,000.00 each per year for a total amount of$900,000.00, with a one-year renewal option for each contract to be administratively authorized, and FY 2021 funding available from the Capital and Bond Funds. Mayor Guajardo referred to Item 11. City of Corpus Christi Page 5 Printed on 512112021 City Council Meeting Minutes May 18,2021 Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to award three on-call contracts for general architectural and engineering services. Council Members, Director Edmonds and City Attorney Miles Risley discussed the following topics: a Council Member's request for a full detailed report; a Council Member's concern that Gignac & Associates reportedly had issues paying subcontractors; due to an oversight, the evaluation matrix only included the three recommended contracts, although 10 applications were submitted; and a Council Member's understanding that as a practice, Facilities Multiple Award Contracts (FMAC) were only authorized for one year without a renewal option. Council Member Hunter made a motion to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: M2021-108 12. 21-0304 Motion awarding a construction contract to Abel's Paving & Construction Inc, Corpus Christi, Texas, for the Lifecycle Curb & Gutter Replacement project, located Citywide, in an amount of$419,540.04 with FY 2021 funding available from the Storm Water Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2021-109 13. 21-0571 Resolution to authorize intervention in the Public Utility Commission of Texas Docket No. 51984, Application of AEP Texas Inc. ("AEP") to Amend its Distribution Cost Recovery Factor; finding that AEP's application to increase distribution rates within the city should be denied; authorizing participation with the cities served by AEP; authorizing hiring of legal counsel; and finding that the City's reasonable rate case expenses shall be reimbursed by AEP Mayor Guajardo referred to Item 13. City Attorney Miles Risley stated this item has an Executive Session. This Item was discussed in Executive Session. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 6 Printed on 512112021 City Council Meeting Minutes May 18,2021 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032438 General Consent Items L. LEGISLATIVE UPDATE: Mayor Guajardo referred to the Legislative Update. Director of Intergovernmental Relations Tammy Embrey presented information on the following topics: where are we at this week; big topics still unfinished-city advocacy censorship/no taxpayer funded lobbing; defund the police-Governor's priority; HB1869 debt restriction bill; and S133-winter storm response bill-working on water provisions. Council Members and Director Embrey discussed the following topics: legislation dealing with ERCOT is still in the process. M. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 25. N. PUBLIC HEARINGS: (ITEMS 14 - 17) 14. 21-0546 Ordinance annexing approximately 18.59 acres of land at or near the intersection of County Road 52 and US Highway 77/Interstate 69 into the territorial limits of the City of Corpus Christi increasing the total area to 480.75 square miles. Mayor Guajardo referred to Item 14. Director of Planning & Environmental Services Daniel McGinn presented information on the following topics: background; aerial overview of annexation tract; proposed development plan; and staffs recommendation. Council Members, Director McGinn, City Manager Peter Zanoni and Director of Public Works and Streets Operation Richard Martinez discussed the following topics: a Council Member's concern that County Road 52 did not have proper infrastructure for heavy traffic; Public Works has started working on the project this week and is expected to be complete in three weeks; and a Council Member's concern regarding major drainage issues. Mayor Guajardo opened the public hearing. City of Corpus Christi Page 7 Printed on 512112021 City Council Meeting Minutes May 18,2021 No public comments were submitted. Mayor Guajardo closed the public hearing. Council Member Pusley 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 FIRST READING ORDINANCE: (ITEM 22) 22. 21-0251 Ordinance authorizing a one-year lease beginning July 1, 2021 with Yolanda Ibarra dba Mangonadas by MLB for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street, with monthly rent of$913.50, with options to extend for up to 2 additional two-year terms upon agreement of the parties. Mayor Guajardo referred to Item 22. Interim Director of Parks and Recreation Sarah Munoz presented information on the following topics: North Bayfront Park Kiosk; Mangonadas by MLB; kiosk exterior; kiosk interior; kiosk basement; and staff recommends approval. Council Members, City Manager Peter Zanoni, Yolanda Ibarra and Interim Director Munoz discussed the following topics: in response to a Council Member's question regarding the selection of this business, staff stated that Ms. Ibarra was the only vendor that reached out to the department; the kiosk is 400 square feet and will be open seven days a week from 11 a.m. to 9 p.m. beginning July 1, 2021; a contract is being sought to provide maintenance to the fountain's electrical system; Ms. Ibarra will be responsible for keeping the area clean; and more trash receptacles will be made available. 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 15. 21-0452 Zoning Case No. 0421-02, LD Calallen CCTX Hwy 77, LLC. (District 1).Ordinance zoning a property being annexed at or near the intersection of County Road 52 and Interstate 69 to the "CG-2 General Commercial District and City of Corpus Christi Page 8 Printed on 512112021 City Council Meeting Minutes May 18,2021 "RM-2" Multifamily District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 15. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; public notification; and planning commission and staff recommend approval. Mayor Guajardo opened the public hearing. No public comments were submitted. Mayor Guajardo closed the public hearing. There were no questions or comments from the Council. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 16. 21-0449 Zoning Case No. 0321-03, Walter, Dewane and Torell.: (District 4) Ordinance rezoning property at or near 16002 Park Road 22 from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV/10" RV Resort District with the Island Overlay. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 16. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the development of a Resort Recreational Vehicle Park. Director Raymond presented information on the following topics: aerial overview; adjacent development and zoning pattern; public notification; and planning commission and staff recommend approval of RV/10. Council Members, Owner and Applicant Mariam Walters, and Director Raymond discussed the following topics: federal flood insurance is unavailable for this property; the site location requires boring under TxDOT right-of-way to reach sanitary sewer collector; there are about eight units per acre; and the City of Corpus Christi has no ownership or rights to wetlands. Mayor Guajardo opened the public hearing. City of Corpus Christi Page 9 Printed on 512112021 City Council Meeting Minutes May 18,2021 No public comments were submitted. Mayor Guajardo closed the public hearing. Council Member Smith 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 17. 21-0450 Zoning Case No. 0121-01, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "RS-4.5" Single Family 4.5 District and the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 17. Director of Development Services Al Raymond stated that the purpose of this item is to allow for the construction of 146 single-family homes. Director Raymond presented information on the following topics: aerial overview; adjacent development and zoning pattern; public notification; PUD deviations; PUD concepts; and planning commission and staff recommend approval. Council Members, Director Raymond and City Manager Peter Zanoni discussed the following topics: a Council Member's concern of not having a 50 foot right-of-way; a Council Member's concern of Yorktown Blvd. not being wide enough; a Council Member's concern of not having sidewalks on both sides of Yorktown Blvd.; a Council Member's concern that 50% of the vehicles associated with these homes will be parked on the street; many young individuals are not concerned with having a small yard; and PUDs allow for more flexibility for developers. Council Member Hernandez made a motion to amend the ordinance to approve the PUD with the exception of 4 ft. sidewalks on each side of the street with an additional requirement for the driveway 10% per foot from the property line, seconded by Council Member Smith. The motion to amend failed. Council Members, Director Raymond and Murph Hudson with Urban Engineering discussed the following topics: a Council Member's suggestion to table this item to allow the developer time to consider making changes; sidewalks on both sides of the streets are not a zoning requirement, but a platting requirement; and the plat doesn't change if sidewalks are added. City of Corpus Christi Page 10 Printed on 512112021 City Council Meeting Minutes May 18,2021 Mayor Guajardo opened the public hearing. The applicant, Murph Hudson with Urban Engineering reiterated that zoning requirements differ from platting requirements regarding sidewalk and right-of way. Mayor Guajardo closed the public hearing. Council Member Smith made a motion to approve the ordinance as presented by staff, seconded by Council Member Martinez. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Martinez, Council Member Molina and Council Member Smith Nay: 3- Council Member Hernandez, Council Member Lerma and Council Member Pusley Abstained: 0 O. INDIVIDUAL CONSIDERATION ITEMS: P. FIRST READING ORDINANCES: (ITEMS 18-24) 18. 21-0501 Ordinance authorizing the acceptance of a $15,000.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center operations; and appropriating $15,000.00 into the Fire Grants Fund. Mayor Guajardo referred to Item 18. Fire Chief Robert Rocha stated this ordinance authorizes the acceptance of a $15,000 grant from the Coastal Bend Regional Advisory Council for the Web Emergency Operations. A Council Member and Chief Rocha discussed the following topics: a Council Member's request for funding sources for Coastal Bend Regional Advisory Council. Council Member Pusley 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 19. 21-0506 Ordinance authorizing the acceptance of an $11,137.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department EMS operations; and appropriating $11,137.00 into the Ambulance Grants Fund. City of Corpus Christi Page 11 Printed on 512112021 City Council Meeting Minutes May 18,2021 Mayor Guajardo referred to Item 19. Fire Chief Robert Rocha stated that the purpose of this item is to authorize the acceptance of an $11,137 grant for EMS operations. There were no comments or questions from the Council. Council Member Pusley 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 20. 21-0507 Ordinance authorizing the acceptance of$838.42 from the State of Texas - Law Enforcement Officer Standards and Education account; and appropriating $838.42 into the Fire Grants Fund. Mayor Guajardo referred to Item 20. Fire Chief Robert Rocha stated that this item authorizes the acceptance of$838.42 for the training of three police certified arson investigators in the fire department. There were no comments or questions from the Council. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 21. 21-0410 Ordinance declaring four City owned vacant lots located at 429 Marguerite Street, 502 18th Street, 508 18th Street and 2034 Mary Street as surplus property, authorizing sale to the public, and authorizing execution of the deeds and any related documents necessary to complete the sale and conveyance of the properties. Mayor Guajardo referred to Item 21. Council Members, Director of Engineering Services Jeff Edmonds and City Manager Peter Zanoni discussed the following topics: the City currently owns these four properties that have no current or future use for any City purpose; and the potential buyer of these properties may benefit the City's future office space. City of Corpus Christi Page 12 Printed on 512112021 City Council Meeting Minutes May 18,2021 Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 23. 21-0567 Ordinance approving the addition of six full-time positions to the Parks and Recreation Department budget for additional Bayshore Parks Enforcement Officers with a one-time purchase of equipment and the appropriation of $432,956 from the State Hotel Occupancy Tax Fund for costs associated with increasing staff presence and security in the Bayshore parks. Mayor Guajardo referred to Item 23. Interim Director of Parks and Recreation Sarah Munoz presented information on the following topics: background; staffing recommendation; compliance officer overview; essential functions (from JAQ) funding; staff addition options; year 1 estimated costs; year 2 estimated costs; illustrative schedule; additional safety measures at Bayfront Parks; current camera layout at Cole Park; proposed camera layout at Cole Park; and staff recommends approval. Council Members, Interim Director Munoz and City Manager Zanoni discussed the following topics: all parks along the Bayfront will be included; and there are two existing park enforcement officers that monitor inland parks. Council Member Barrera 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: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 24. 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. Mayor Guajardo referred to Item 24. Animal Care Services Program Manager Joel Skidmore presented information on the City of Corpus Christi Page 13 Printed on 512112021 City Council Meeting Minutes May 18,2021 following topics: mission statement; Corpus Christi Animal Care Services Division; what is our goal at Animal Care Services; Corpus Christi Chapter 6 Ordinances; modified definitions to support ordinance changes; what are the identified animal related issues in Corpus Christi; proposed amendments and additions focused on owner responsibility; resolving neglect; and resolving nuisances. Council Members, Program Manager Skidmore, and Assistant City Attorney Gabriel Rodriguez discussed the following topics: the officer needs to use their discretion whether to issue a notice to the pet owner; a Council Member's request to broaden the meaning of discretion; a Council Member's request to re-word the ordinance under section 6-163; the City is planning free microchip events with no annual registration fee; and currently there are no issues with puppy mills in Corpus Christi. Mayor Guajardo made a motion to amend the ordinance to broaden the language under sections 6-103(f) and 6-163 and allow Animal Care Services Manager to use discretion on a case by case basis, seconded by Council Member Molina. The motion was approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Abstained: 0 Q. BRIEFINGS: R. EXECUTIVE SESSION: (ITEM 25) Mayor Guajardo referred to Executive Session Item 25. The Council went into Executive Session at 1:28 p.m. The Council returned from Executive Session at 2:20 p.m. 25. 21-0572 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Application of AEP Texas Inc to amend its Distribution Cost Recovery Factor at the Public Utility Commission. This E-Session Item was discussed in executive session. S. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 4:47 p.m. City of Corpus Christi Page 14 Printed on 512112021 REQUEST FOR CALL BACK FORM City of Corpus Christi Boards, Commissions and Committees Enter either the name of the Board, Commission or Committee: City Council DATE OF MEETING (mm/dd/yy): 05/18/21 NAME: Carrie Meyer ADDRESS: 4401 Gulfbreeze Blvd. CITY: Corpus Christi STATE: TX ZIP: 78402 TOPIC: American Rescue Plan Act- North Beach Eco Park AGENDA ITEM NUMBER (if applicable): TELEPHONE NUMBER FOR CALL BACK: 361-442-0628 Sarah Brunkenhoefer From: CitySecretary Sent: Friday, May 14, 2021 8:08 AM To: Rebecca Huerta Cc: Norma Duran; Sarah Brunkenhoefer Subject: FW: Public Input: 05-18-2021 - Libby Averyt FYI. Thank you, Aly Berlanga From:JotForm <noreply@jotform.com> Sent:Thursday, May 13, 20214:49 PM To:CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: Public Input: 05-18-2021 - Libby Averyt [ [ 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@iotform.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. Date of Meeting 05-18-2021 Name Libby Averyt Address Street Address:430 Grant PI City: Corpus Christi State/ Province:TX Postal/Zip Code: 78411 Topic American Rescue Plan Act of 2021 Agenda Item Number General public comment Describe Feedback: Please see the attached letter regarding city funds from the American Rescue Plan Act of 2021. Respectfully, Libby Averyt United Way of the Coastal Bend Uploads: Averyt Public Comment 5-18-21.pdf 1 Provide an email to receive a copy of your LIBBY.AVERYTCcDGMAIL.COM submission. 2 Y United Way of the Coastal Bend Board of Directors Officers May 13, 2021 Chair Hon. Mayor Paulette Guajardo Gabe Guerra Kleberg Bank Corpus Christi City Council 1201 Leopard St. Erik Simpson Corpus Christi, TX 78401 Erik Simpson � Valero—Three Rivers Treasurer John Owen Re: Federal Economic Stimulus Package—American Rescue Plan Act Goodwill Industries Dear Mayor Guajardo and City Councilmembers, Secretary Alicia Matus After listeningto the Council's May 11, 2021, presentation and discussion regarding the LyondellBasell Industries y p 9 9 American Rescue Plan Act funds, it's clear you have some difficult decisions ahead of you. I President and CEO Libby Averyt applaud city staffs efforts to fully understand federal guidelines and efforts to discern the most United way of the effective use of the funds. Please know, too, that my advocacy for local nonprofit businesses is Coastal Bend not a criticism of the ongoing significant improvements being made throughout Corpus Christi Members under the leadership of City Manager Peter Zanoni and the City Council. I applaud you for those efforts and appreciate your commitment to our community. Still, I respectfully ask that you Lori Dellinger as Frost Bank consider the followingyou further discuss best uses for the ARPA funds: J.D.Egbert • It's true that the City of Corpus Christi provided some grants in 2020 to help nonprofit Branscomb I PC businesses with their own administrative costs —$500,000. Other money received by a Paul Fritsch few nonprofits was for direct client services—not administrative needs left unfunded due ExxonMobil to fundraising shortfalls caused by COVID. At the time of those grants, we had more than Wesley Gore $1.2 million in requests from small nonprofits (with annual revenues of$3 million or less), NuStar Energy and several nonprofits still report COVID-related funding shortfalls. Catherine Hilliard Recurring expenses vs. one-time expenses as described in the May 11 meeting—I Hilliard,Martinez,Gonzales believe any future grants provided to local nonprofit businesses should be considered as LLP replacement funds for lost revenue due specifically to COVID. I'm not suggesting that Trina Martinez some nonprofits aren't managed well enough to fund recurring expenses and therefore, Robert Rocha the city should subsidize them. I'm suggesting that some nonprofits have experienced a Corpus Christi Fire Dept. time-limited dip in revenues specifically due to the pandemic, and that those revenue Judith Talavera streams will slowly return as we enter a post-COVID time. Those one-time losses are AEP Texas similar to the city's COVID-related lost revenues from sales taxes, utility fees, etc., which Javier Wiley you may replace with ARPA funds. H-E-B Plus Saratoga Again, I appreciate the challenging task in front of you and the opportunity to provide additional input on the discussion. Regardless of the outcome, you have my respect and gratitude for embracing the difficult work of moving Corpus Christi forward. Sincerely, Libby Averyt President& CEO 4659 Everhart Road,Corpus Christi,Tx 7841111361,882.2529 i 361.888.6882: fax I www.uwcb.org awl Norma Duran From: JotForm <noreply@jotform.com> Sent: Tuesday, May 18, 2021 9:21 AM To: CitySecretary; Norma Duran Subject: Public Input: 05-18-2021 - Dawn Abrams [ [ 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. A Puhli ; Comment & Innut Form Date of Meeting 05-18-2021 Name Dawn Abrams Address Street Address: 627 Arrow Rd City: Corpus Christi State/ Province:TX Postal /Zip Code: 78336 Topic Spay and Neuter Agenda Item Number 21-0225 Describe Feedback: This change in the ordinance is extremely awful and doesn't forgive a mistake by the owner of said animal. A council should not be allowed to automatically mutalate an animal if it's gotten out of the yard by mistake/accidentally.The current ordinance is bad enough with the 2 strikes but at least your animal won't have it's organs removed . Some of these animals are prized hunting or show animals that require the keeping of reproductive organs,just because they get lost once doesn't give a counsel the right to rip them apart. Furthermore since pets are by law property, I would think you could be held liable for damages done to any animal you surgically cut up. I highly recommend and hope you just leave well enough alone and maybe put all this misplaced energy into the BORDER CRISIS !!!! Provide an email to receive a copy of your farmerswife627@yahoo.com submission. 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 11 , 2021 DATE: May 11 , 2021 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Neighborhood Services traceycCu-)cctexas.com (361) 826-3021 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Grant Administrator Services of Emergency Rental Assistance - Treasury CAPTION: One-Reading Ordinance accepting and appropriating a grant in the amount $9,868,157.30 from the U.S. Department of the Treasury and authorizing a one-year service agreement for Grant Administrator Services of Emergency Rental Assistance in an amount not to exceed $980,680.00, with Hagerty Consulting Inc. of Evanston, Illinois, effective upon issuance of a notice to proceed-, and amending the budget. SUMMARY: This One-Reading Ordinance authorizes a service agreement with Hagerty Consulting Inc. for grant administrative services for the U.S. Department of the Treasury's Emergency Rental Assistance Program (ERA). The service agreement will allow for the implementation of the program to assist renters who are behind on their rent and utility payments as a result of COVID- 19. BACKGROUND AND FINDINGS: On December 27, 2020 President Donald Trump signed the Consolidated Appropriations Act, 2021 which included Coronavirus Stimulus & Relief (Act). The Act includes the Treasury's $25 billion ERA program. The Treasury has allocated $9,868,157.30 to the City of Corpus Christi for residential rental assistance. The City of Corpus Christi will undergo a competitive process to procure for grant administration services. The ERA makes assistance available to eligible renter households in which at least one or more individual (a) qualifies for unemployment or has experienced a reduction household income, incurred significant costs, or experienced a financial hardship due to COVID-19; (b) demonstrates a risk of experiencing homelessness or housing instability; and (c) has a household income at or below 80 percent of the area median. Eligible households that include an individual who has been unemployed for the 90 days prior to application for assistance and households with income at or below 50 percent of the area median are to be prioritized for assistance. Eligible households may receive up to 12 months of assistance, plus an additional 3 months if the City of Corpus Christi determines the extra months are needed to ensure housing stability. The City of Corpus Christi is required to prioritize the payment of existing housing-related arrears that could result in the eviction of an eligible household. A grant administration contractor is necessary to meet the expenditure deadline of December 31, 2021 . To be successful, the program implementation must include an online platform, call center, application processing, quality assurance, and processes to maintain compliance with program rules and regulations. The City does not have the staff capacity to administer this program without hiring additional full-time employees. Contracting with a firm experienced in emergency programs and that has a built online platform is critical to the program's success. The Grant Monitoring Department will oversee and manage the service agreement. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Proposals (RFP 3557) process to obtain proposals for Grant Administrator Services. Five firms submitted for the Grant Administrator Services of Emergency Rental Assistance-Treasury program. Hagerty Consulting, Inc. was selected for the Grant Administrator Services of Emergency Rental Assistance-Treasury program. Hagerty Consulting Inc. was the highest ranked firm. The selection committee was comprised of representatives from Communications, Human Resources, Finance, and the Housing/Community Development — CDBG departments. The final evaluation ranked Hagerty Consulting, Inc. as the highest ranked firm based on five factors: 1) firm's experience and qualifications, 2) experience and qualifications of the project manager and key staff, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Hagerty Consulting, Inc., has provided grant administrative services for clients at the state and county levels including Nueces County in the implementation of Emergency Rental Assistance Programs. Some of their projects include COVID-19 cost recovery support, Hurricane Hanna, and Winter Storm Uri, as well as facilitating an After-Action Report for Winter Storm Uri, Disaster Recovery Services: FEMA grants management, appeals support, strategic financial planning, finance tracking, and support for housing programs. Hagerty deployed a grant management system to help track and report out on the 1.2513 in CARES Act funding the state of Arkansas received. Hagerty also provided CDBG-DR Action Planning and program implementation support to the state of North Carolina following Hurricane Matthew. ALTERNATIVES: The City could hire additional full-time staff to administer the grant, run a call center, develop the online platform, and process applications. FISCAL IMPACT: The City is receiving a grant to fund this program and service agreement. FUNDING DETAIL: Fund: 1089 Organization/Activity: 890100F Mission Element: 132 Project # (CIP Only): NA Account: 570040 RECOMMENDATION: Staff recommends approval of this One-Reading Ordinance accepting and appropriating the grants funds and authorizing a one-year service agreement with Hagerty Consulting Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Ordinance Evaluation Matrix One-Reading Ordinance accepting and appropriating a grant in the amount $9,868,157.30 from the U.S. Department of the Treasury and authorizing a one-year service agreement for Grant Administrator Services of Emergency Rental Assistance in an amount not to exceed $980,680.00, with Hagerty Consulting Inc. of Evanston, Illinois, effective upon issuance of a notice to proceed; and amending the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant in the amount of $9,868,157.30 from the U.S. Department of the Treasury for the Emergency Rental Assistance Program. SECTION 2. That funds in the amount of $9,868,157.30 are appropriated into the Emergency Rental Assistance Fund No. 1089 to be used for the Emergency Rental Assistance Program. SECTION 3. That the FY2020-21 Operating Budget and Capital Budget adopted by Ordinance No. 032203 are amended to increase revenue and expenditures. SECTION 4. That the City Manager or designee is authorized to negotiate and execute a one-year service agreement for Grant Administrator Services in the amount not to exceed $980,680.00 with Hagerty Consulting Inc. of Evanston, Illinois. SECTION 5. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this day of , 2021 . ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor day of , 2021 . TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette M. Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma Michael Hunter John Martinez Ben Molina Greg Smith RFP 3557:GRANT ADMINISTRATOR SERVICES OF EMERGENCY RENTAL ASSISTANCE-TREASURY Proposal Evaluation Geocko,Inc. Hagerty Consulting, MPACT Strategic Tidal Basin Yardi Systems,Inc. dba LiveStories Inc. Consultin LLC MINIMUM QUALIFICATIONS(PASS/FAIL) Pass Pass Pass Pass Pass Licensing/Certification V V V V No material lawsuits during last 5 years V V V No material regulatory issues last 5 years V V V References Provided for firm V TECHNICAL PROPOSAL (50 PTS) 28.0 49.0 36.0 32.0 49.0 Firms'Experience(18 pts) 9.5 17.8 12.8 10.3 17.8 Team's Experience(18 pts) 9.0 17.8 12.0 11.0 17.3 Understanding of Project Scope(14 pts) 9.0 13.8 10.8 10.8 13.5 INTERVIEW(30 PTS) 0.0 30.0 0.0 0.0 18.0 Firms'Experience(8 pts) 8.0 5.5 Team's Experience(10 pts) 10.0 6.3 Understanding of Project Scope(12 pts) 12.0 6.5 PRICING(20 POINTS) 10.0 20.0 TOTALI 28.0 1 89.0 1 36.0 1 32.0 1 87.0 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3557 U GRANT ADMINISTRATOR SERVICES OF EMERGENCY RENTAL yeanaonnf� 1852 ASSISTANCE-TREASURY THIS Grant Administrator Services of Emergency Rental Assistance-Treasury Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Hagerty Consulting, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Grant Administrator Services of Emergency Rental Assistance-Treasury in response to Request for Bid/Proposal No. 3557 ("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 Grant Administrator Services of Emergency Rental Assistance-Treasury ("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 one year, 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-month 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 $980,680.00, 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 - Federal Funding Page 1 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 Invoices must 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: Jennifer Buxton Assistant Director of Neighborhood Services 361-826-3976 Jenniferb9@cctexas.com 5. Insurance. 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. 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. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. 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, Service Agreement Standard Form - Federal Funding Page 2 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 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. The City will notify the Contractor of non-appropriation as soon as practicable. If notice cannot be provided at least 30 days prior to the end of the fiscal year, it will be provided within seven days following budget approval. 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. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and Service Agreement Standard Form - Federal Funding Page 3 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 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 related 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: Jennifer Buxton Assistant Director of Neighborhood Services 1201 Leopard St., Corpus Christi, Texas 78401 361-826-3976 IF TO CONTRACTOR: Hagerty Consulting, Inc. Attn: Katie Freeman Director of Operations 1618 Orrington Avenue, Suite 201 , Evanston, Illinois 60201 847-492-8454 Ext. 119 847-859-1710 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 Service Agreement Standard Form - Federal Funding Page 4 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 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, RESULT FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL AFFORM ENTIONED 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) Termination for Cause. 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) Termination for Convenience. 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. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Limitation of Liability. Each Party'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 either Party 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 - Federal Funding Page 5 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 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. 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. 28. Federal Funding Requirements. This project is subject to requirements provided for by relevant federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Service Agreement Standard Form - Federal Funding Page 6 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA, the FAA, or their designees may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form - Federal Funding Page 7 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 CONTRAC uSigned by: Signature: Printed Name Brad Grining : Title: Chief operating officer Date: 5/21/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM Assistant City Attorney 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 Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3557 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Federal Funding Page 8 of 8 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 Attachment A - Scope of Work General Requirements The Contractor shall advise and assist with evaluating, planning, management, and execution of the City's allocation of Emergency Rental Assistance funding from the U.S. Department of Treasury. The program is to assist households that are unable to pay rent and utilities due to the COVID- 19 pandemic. Grant Administration services must be performed in compliance with the City of Corpus Christi award terms and Section 501 of Division N of the Consolidated Appropriations Act, 2021 , Pub. L. No. 116-260 (Dec. 27, 2021 ) (the Act). Scope of Work A. Coordinate and manage the program at various stages of implementation with the Grant Monitoring Department. Interact effectively with local officials, City staff and staff members of state and federal agencies through written memos, emails, formal letters, and telephone conversations. B. Accurately monitor and report on project performance to senior management. C. Propose an assistance payment process facilitating the transfer of funds from the City to the landlord or tenant and facilitate implementation. D. Create and follow program-specific checklists, standard operating procedures and guidelines meeting federal, state, and local requirements. E. Develop and implement web-based application and workflow platform in English and Spanish with alternate application process for those without internet access. F. Perform outreach efforts to reach target populations. G. Review applications and determine eligibility per grant requirements. H. Prevent duplication of benefits. I. Provide reports and dashboards to the City. J. Develop, maintain, and submit all necessary documentation per grant requirements. K. Develop and submit all necessary grant reporting forms to the City. L. Ensure program compliance. Ensure all public notification and required policies and procedures including cross-cutting regulations are submitted. M. Manage audit and grant close out process. N. Actively manage project schedules, working with numerous deadlines and "trigger" events. DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 O. Interpret government publications and regulations as they pertain to project implementation. P. Provide guidance to City throughout the project, as needed, including ensuring staff availability to answer question at City Council meetings in person or virtually. Work Site and Conditions The work shall be performed off site as an independent contractor. Any travel expenses are included in the hourly rate. Special Instructions Contractor shall submit monthly reports to the Contact Administrator summarizing the amount of time expended and describe activities undertaken during the previous month. DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 Attachment B - Pricing Schedule so w CITY OF CORPUS CHRISTI H Pricing Form U CONTRACTS AND PROCUREMENT '"caRrown�eo 1852 RFP No. 3557 Grant Administrator Services of Emergency Rental Assistance-Treasury DATE: April 7, 2021 Hagerty Consulting, Inc. PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer 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. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT TOTAL PRICE 1.0 Grant Administrator Services 1 year $980,680.00 of Emergency Rental Assistance-Treasury This contract is not not exceed $980,680.00 and must be in accordance with the attched Rate Table and Timeline. DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 Rate Table In support of the evaluation of Hagerty Consulting, Inc.'s (Hagerty's) cost proposal, the following provides the labor categories, hourly rates, and estimated level of effort of the proposed Hagerty team. Hagerty reserves the right to adjust the level of effort to best meet the needs of the City under a fixed price contract agreement. Upon award, Hagerty will distribute the total firm fixed price into a monthly payment schedule intended to reflect the anticipated monthly level of effort and up-front costs associated with the project. It is important to note that the licensing fee associated with this project for the QuickBase has been included in our rate structure; this fee allows up to 12 professionals from the City to access the platform. Any additional access costs will need to be supported by the City. Labor Category Hourly Rate Estimated Estimated Total Hours Project Manager $175.00 1080 $189,000.00 Subject Matter Expert $225.00 192 $43,200.00 Project Advisor $205.00 96 $19,680.00 Project Advisor $175.00 96 $16,800.00 Program Design and Training Lead $140.00 320 $44,800.00 System Development Lead $225.00 320 $72,000.00 User Portal Lead $180.00 320 $57,600.00 Internal Platform Lead $180.00 320 $57,600.00 Intake and Application Management Lead $140.00 1440 $201,600.00 Program Outreach Lead $135.00 640 $86,400.00 Case Manager $75.00 1280 $96,000.00 Case Manager $75.00 1280 $96,000.00 Total ) $980,680.00 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 Timeline START DATE/DAYS DURATION Following Contract CONTRACT EXECUTION Execution in Days Phase 1: Program Initiation Startup and Program 1 1 Internal Staff Meeting to Activate Start Up Plan 1 1 Request Contract Initiation Meeting with the City 1 1 Request Existing Documentation 1 5 Submit Project Startup Plan for Approval 1 3 Identify Risks/Formulate Contingency Plans 1 2 Approve Organizational Chart 1 2 Establish Review Process 2 5 Confirm Key Performance Indicators (KPIs)and Service 2 5 Levels Establish Reporting Processes 2 5 Attend Project Initiation Meeting 3 1 Develop Operational Workflow 3 3 Establish Operational Structure for Intake Center and Case 3 3 Management Begin Weekly Update Meetings with Client 7 Ongoing Phase 2: Program Design Develop ERAP Guide 7 14 Develop Standard Operating Procedures 7 14 Documentation Review Begins 8 2 Create New Documentation 8 2 Develop Program Training by Function 8 14 Develop Frequently Asked Questions (FAQs)to Support Intake 8 14 and Case Management Develop Program Scripts 8 14 Phase 3: Program Training &Outreach Initial Training 21 14 Ongoing Training 35 Ongoing Test Internal Systems 14 14 Phase 4: Program Launch Begin Applicant Intake 36 1 Execute Application Reviews 37 Ongoing DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 START DATE/DAYS DURATION Following Contract CONTRACT EXECUTION Execution in Days Contact Applicants(Assistance, Follow-Up for Documentation) 37 Ongoing Supervisor Review of Approved Applications 38 Ongoing Compliance Review of Approved Applications 40 Ongoing Batch Approved Applications for the City Approval 43 Ongoing ERAP Payments Processed by City 44 Ongoing Phase 5: Compliance& Monitoring Begin Reporting 21 Ongoing Execute Desk Reviews 37 Ongoing Execute Program Audits 42 Ongoing Phase 6: Closeout Complete Closeout Reports 42 Ongoing Transmit Final Closeout Reports to the City 49 Ongoing DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 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 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 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 CRIME/EMPLOYEE DISHONESTY $500,000 Per Claims Made Contractor shall name the City of Limit Requirement May Be Subject to Corpus Christi, Texas as Loss Payee Change Based on Actual Annual Maximum Funds Administered. 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. 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; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 • 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 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. 2021 Insurance Requirements Ins. Req. Exhibit Housing and Community Development- Grant Monitoring Service - Emergency Rental Assistance 03/15/2021 Risk Management - Legal Dept. DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 Attachment D - Warranty No warranty is required therefore, Service Agreement 3557, Section 8, Warranty Requirements subsections 8(A) and (B) are hereby void. DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 :ederal Requirements OMB Approved No.: 1505-0266 Expiration Date: 7/31/21 U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE Recipient name and address: DUNS Number: [Recipient to provide] [Recipient, to provide] Taxpayer Identification Number: [Recipient to provide] Section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) authorizes the Department of the Treasury("Treasury") to make payments to certain recipients to be used to provide emergency rental assistance. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. Authorized Representative: Title: [To be signed by chief executive officer if recipient is a local government.] Date signed: DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 U.S. DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE 1. Use of Funds. Recipient understands and agrees that the funds disbursed under this award may only be used for the purposes set forth in Section 501 of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as "Section 501"). 2. Repayment and reallocation of funds. a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and by the date, which shall be no sooner than September 30, 2021, as may be set by Treasury. b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and shall be subject to the availability of funds at such time. 3. Availability of funds. a. Recipient acknowledges that, pursuant to Section 501(e), funds provided under this award shall remain available only through December 31,2021,unless,in the case of a reallocation made by Treasury pursuant to section 501(d), Recipient requests and receives from Treasury an extension of up to 90 days. b. Any such requests for extension shall be provided in the form and shall include such information as Treasury may require. c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to Treasury in the manner specified by Treasury. 4. Administrative costs. a. Administrative expenses of Recipient may be treated as direct costs,but Recipient may not cover indirect costs using the funds provided in this award, and Recipient may not apply its negotiated indirect cost rate to this award. b. The sum of the amount of the award expended on housing stability services described in Section 501(c)(3) and the amount of the award expended on administrative expenses described in Section 501(c)(5) may not exceed 10 percent of the total award. 5. Reporting. a. Recipient agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this award, including but not limited to: (i) reporting of information to be used by Treasury to comply with its public reporting obligations under section 501(g) and (ii) any reporting to Treasury and the Pandemic Response Accountability Committee that may be required pursuant to section 15011(b)(2) of Division B of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. No. 116-136), as amended by Section 801 of Division O of the Consolidated Appropriations Act, 2021 (Pub. L. No. 116-260). Recipient acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. b. Recipient agrees to establish data privacy and security requirements as required by Section 501(g)(4). 2 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 6. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to support compliance with Section 501(c) regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive guidance regarding such requirements. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F —Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management(SAM),2 C.F.R.Part 25 and pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),2 C.F.R.Part 180 (including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. 3 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex,familial status,or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and V. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 9. False Statements. Recipient understands that false statements or claims made in connection with this award may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 10. Publications. Any publications produced with funds from this award must display the following language: 'This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 11. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are not repaid by Recipient as may be required by Treasury pursuant to Section 501(d) shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer any debt that is more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by Treasury. 4 DocuSign Envelope ID:93826442-97BC-4D90-A8FD-4B2EFF4F66B1 d. Funds for payment of a debt must not come from other federally sponsored programs. 12. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way constitute an agency relationship between the United States and Recipient. 13. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; ill. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; and/or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 14. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (April 8, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 15. Reducing Text Messa dung While Driving. Pursuant to Executive Order 13513, Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 5 START DATE/DAYS DURATION Following Contract in Days CONTRACT EXECUTION Execution ProgramPhase 1: Startup and Program 1 1 Internal Staff Meeting to Activate Start Up Plan 1 1 Request Contract Initiation Meeting with the City 1 1 Request Existing Documentation 1 5 Submit Project Startup Plan for Approval 1 3 Identify Risks/Formulate Contingency Plans 1 2 Approve Organizational Chart 1 2 Establish Review Process 2 5 Confirm Key Performance Indicators (KPIs) and Service Levels 2 5 Establish Reporting Processes 2 5 Attend Project Initiation Meeting 3 1 Develop Operational Workflow 3 3 Establish Operational Structure for Intake Center and 3 3 Case Management Begin Weekly Update Meetings with Client 7 Ongoing ProgramPhase 2: Develop ERAP Guide 7 14 Develop Standard Operating Procedures 7 14 Documentation Review Begins 8 2 Create New Documentation 8 2 Develop Program Training by Function 8 14 Develop Frequently Asked Questions (FAQs)to 8 14 Support Intake and Case Management Develop Program Scripts 8 14 ProgramPhase 3: Outreach Initial Training 21 14 Ongoing Training 35 Ongoing Test Internal Systems 14 14 ProgramPhase 4: Begin Applicant Intake 36 1 Execute Application Reviews 37 Ongoing START DATE/DAYS DURATION Following Contract in Days CONTRACT EXECUTION Execution Contact Applicants (Assistance, Follow-Up for Documentation) 37 Ongoing Supervisor Review of Approved Applications 38 Ongoing Compliance Review of Approved Applications 40 Ongoing Batch Approved Applications for the City Approval 43 Ongoing ERAP Payments Processed by City 44 Ongoing Phase 5: Compliance & Monitoring Begin Reporting 21 Ongoing Execute Desk Reviews 37 Ongoing Execute Program Audits 42 Ongoing Phase 6: Closeout Complete Closeout Reports 42 Ongoing Transmit Final Closeout Reports to the City 49 Ongoing e►. CORPUS CHRISTI NEIGHBORHOOD SERVICES Grant Administrator Services of Emergency Rental Assistance City Council !, • May 25, 2021 Ordinance CORPHS CHRISTI Accepting and appropriating a grant in the amount $9,868,157.30 from the U.S. Department of the Treasury and authorizing a one-year service agreement for Grant Administrator Services of Emergency Rental Assistance in an amount not to exceed $980,680.00, with Hagerty Consulting Inc. of Evanston, Illinois, effective upon issuance of a notice to proceed; and amending the budget. Emergency Rental Assistance ,�� CORP 115 o HRISTI • U.S. Department of the Treasury has _• awarded $9,868,157.30 to the City of ' Corpus Christi for emergency rental assistance from the Coronavirus Stimulus & Relief Act as part of the Consolidated Appropriations Act, 2021. 3 Household Qualifications \\ �/ CORPUUCHR[STI • Someone in the household qualified for unemployment benefits or experienced a reduction in income, incurred significant " costs, or experienced other financial hardship due to COVID-19 • Household can demonstrate a risk of homelessness or housing 1; ' r instability • Household income is at or below 80% of the area median 4 Available Assistance CORPUS CHRISTI • Rent • Utilities • Security deposits • Rental fees • Late fees • Internet services • Payments can be made for 12 months in arrears and 3 additional months if necessary for housing F/NQ� r� 2 , stability -� SOT/CE • Payments are made to landlords 4, r\ and utility providers • 1,200 applications are estimated 5 Procurement for Grant Administration HF. CORPUS cHR[STI • Issued Request for Proposals on March 22, 2021 • Received five responses on April 7, 2021 • Conducted two interviews on April 19, 2021 • Evaluated on: • Firm's experience and qualification • Experience and qualifications of the project manager and key staff • Project approach and management plan • Capacity to meet the project requirements and timelines • Past performance 6 �p us cH m i Ah AgreementService J y • Award one-year service agreement with Hagerty Consulting Inc. • Time iesz • • materials • toexceed $980,680 processing,• Includes online platform, call center, application assurance and procedures to maintain compliance with rules and • • Contract drafted with performance measures START DAYS DURATIDN Phase Following Contract Execution in Days Phase 1:Program Initiation 1 5 Phase 2:Program Design 7 14 Phase 3:Program Training&Outreach 14 Ongoing Phase 4:Program Launch 36 Ongoing Phase 5:Compliance&Monitoring 21 Ongoing Phase 6:Closeout 42 Ongoing Hagerty ert Consulting, Inc. CORPHS CHRISTI • Extensive experience with federal emergency programming • Turn-key product • Substantial buildout of platform complete • Tested operational structures for case management • Program guidelines • Application processes for online, call center and potential library presence • Training program • Reporting tools to meet federal requirements • Not dependent on local nonprofit agencies for implementation • City will provide outreach support through press releases, ongoing social media campaign and outreach to community service agencies I , 4 1► HAGERTY so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 First Reading for the City Council Meeting of May 18, 2021 1852 Second Reading for the City Council Meeting of May 25, 2021 DATE: April 27, 2021 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director of Neighborhood Services TraceyC(a-)-cctexas.com (361) 826-3021 Ordinance amending Chapter 6 of the Code of Ordinances Governing Care and Treatment of Animals CAPTION: One-reading 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. FISCAL 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 One reading 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. 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. 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. Page 7 of 46 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 in keep,-ng out of compiiance with the provisions of this chapterlor 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 06 ^^f ebsew , the animal care services manager or designee, by written notice to the person responsible for the GGRdifi^^ ^f 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 pE eventing compiiance. 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. Sec. 6-14. Reapplication upon denial of registration,or permit. (a) Any person having been denied a registration permit 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 registrauora must be accompanied by a nonrefundable ten-dollar ($10.00) fee. Page 8 of 46 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 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.registered eaGh dog OF Gat as provided under thi!s arti exGept a peFmitted by s ubseGtien (G) of this seGtien (4) MGRtho of age GR the date .,f the yielatien registered under this subseGtien did not register the subjeGt animal on aGGOrdanGe with this (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. Page 9 of 46 (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. 1444efa to appty. An owner m,ist make appliGatien for registration within ten (10) days after Obtaining a dog or g-at A-ve.r feur(4) months of age, eXGept that this requirement vvill not apply to a nonresident 0 ndividual keeping a deg eF Gat within the Gity feF ne lengeF than sixty (60) days. (1) it is presumed, On a preseGHtien of a violation of this seGtien, that the deg er Gat, owned by4h-e- peFSen GhaFged with the vielatien, was ebtained MeFe than ten (10) days pFieF te the date ef the (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. 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 or cat that has been currently vaccinated wi (b) The fee for a three year registration for a dog OF Gat that has been GUrrently vaGGinated with a .,Gtoen 5 15 of this GhapteF Page 10 of 46 ( ) 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. (r ) 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) RaFtiGipating YeteFinaFians Will Fetain ene dellaF ($1.00) teF eaGh FegiGtFatien they isswe it GIWPI Gate d oyosien within ten (10) days of issuance of the r istratie., Sec. 6-28.Terrn.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, annual registration effeGtive for a peried of one (1) year ftem the date of the ra�ves vanninatiep_,4 rabies vaGGine and is ed on the .Date of original"onninatien (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.lf not revoked under the provisions of this .chanter, a throe year (G) in the event that a FegiGtFatien 06, eF has been, PUFGhased en a date etheF than the Fabie& Sec. 6-29. wearing of tag. 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.rss .Ee. I Igen a eptanoe of the .Jog o oat r istratimanageFon , animal GaFe seFYOGes manageF's designee, E)F the paFtiGipating YeteFinaFian will issue a- durable registration tag stamped with a al number and the year of issuance (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, includinq 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. registration tags fastened to ollar or harness at all timet GhapteF. haFRess whole OR a publiG plaGe withiR the Gity has Rot beeR registered OR GGmpliaRGe with this 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- Page 11 of 46 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. administered a rabies vaGGinatien through the animal Gare seFViGes division fE)F WhiGh the- Va3G.G.0 GhapteF. (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 serial microchip numbers of dog and cat registrations ` —,.i'atien tags issu o, and the names and addresses of persons to whom the ae 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 -sty . 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. (a) A deg fe-und- te be a "daRgeFG616 deg" as defiRed OR V.T.G.A., Health and- Sa" Gede Gh. 922, as under V.i��Health ra Rd-Safety h s+52 d T g 95 t mens efc� Fegistr"'crciGR feeiS-ll8vtP_d-�r.0n thr2 f22 oGho.J 61le P61 aRt f.,'G a GtOGR C. 15 „f thio nhapteF hundred thousand dollars ($100,000.00) tO Gover damages that may result frem an attaGk by ffie. ��Health r-and--Safety-vvae . 922, as it may-bc-amended. Page 12 of 46 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 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 Page 13 of 46 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. (d) The municipal court fudge shall be the finder of fact. (e)At the conclusion of the hearing, if the municipal court fudge 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. Page 14 of 46 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. (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: Page 15 of 46 a. A doq, while unrestrained, kills or causes the death of any domestic animal or livestock, or b. A doq classified as a level 1 aggressive doq 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 doq as aggressive, even if the doq 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 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 doq by reason of its classification. (e) Upon receipt of notice of the dog's classification as a level 1 or 2 aggressive doq 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 doq pending completion of all appeals. (f) If the department's decision finds that a doq has engaged in aggressive behavior, the doq may be impounded pending the completion of any appeals. (q)Any doq 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 doq shall not be released to the owner or be made available for adoption until either potential recipient of the doq has established arrangements for Page 16 of 46 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). (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. Page 17 of 46 (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. (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. 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. Page 18 of 46 (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. Pertainic,"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 (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 GOmmeFGmal animal establishment providing SGhedule] is required to obtain only one (1) permit, and the fee Gharged for the permit is the high (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. Page 19 of 46 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 a ,Gtoon performing animal exhibit Aiw,al GA-Fer .Jooi...,00 manageF's designee that the GemmeFGial animal establishment is On GemplianGe with all appliGable state (3)Pa. meat of the . Fed 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 EaGh permit for a kennel o stable must s Gify the maximum number of animal& that may be k&pt-at fho k.p.,.,ol o stable. (b) Petting zoo permits shall be valid for the duration of the event outlined in the application.Owners and anomals are boarded or grazed for a fee must maintain a register identifying all animals boarded or (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 Page 20 of 46 research institution.The stable or kennel ev.fner must also provide an emeroenry telephone number reo.-hed if the nWReF, Gpero+or n re+o Lor do nn+ Fel-Side nn 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 rodeos may request limited permission to possess prehibited animals within the Gity for the duration of o GGmmeFGial permit. (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 SeGtien is exempt from+ho (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. Sec. 6-58. Mf.aiver of requirements.Suspension and Revocation. the-P61bIiGlhealth, safety eFwfelfaFe, anrs heal+�GFeate A_ p��,,; (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; Page 21 of 46 (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: (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 Page 22 of 46 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 Sec. 6-76. Registration and permit rev cation—^dministrative eedings.Administrative Hearing - Registration (a) Men The animal care services manager or designee may hold an administrative hearing to determine whether any registration or permi#issued under article II ."-.F aFtiGle 111of 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, OF the ^, neF.,f 0i-aofohGohw,l.o.,f RGt n ori„ n Milted 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 Page 23 of 46 (5) An animal has been the subject of two (2) criminal charges and/or violations brought against the animal's owner under this chapter ` on , of two (2) impoundments, or a combination of one such senvis#Gs violation and one (1) impoundment, resulting from separate incidents, within the twenty-four-month period immediately preceding the date of the last PenViGtien 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 erpeFR;it , 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 Aelders owner's last registration f permit app!Gat-k 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 peFsens en the FegisteF kept by a stable feF whiGh an adminiStFative heaFing will be held will be netified by GeFtified mail depesited On the U.S. mail eF by peFSenal deliveFy made by an (c) Disposition. At the conclusion of the administrative hearing, the the-animal care services manager or designee shall determine if the ownerpersen holding the registration or permit, the owner of a , or the owner of an unregistered animal W44— 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, iR-at their discretion, may order that any of the following actions be taken within the+�-riMe SpeGinfied by the animal Gera cor„iGeS manager or deSigRee 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 That the permit holder divest himself/herself of the animals that are the subject of the (3) That the ewneF eF peFfflit heldeF Gemply with speGified Genditiens deemed te be Gensistent with the preteGtien of the publiG health, safety and welfare, so as to be permitted to Gentinue to keeig (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: Page 24 of 46 (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-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. dise-a-se ethe.r than ra-bies and beiRg OR the Gustedy ef a keepeF whe fa-666 Ar ref,ises te Make aaimap (46) Any animal that has rabies or exhibits symptoms of rabies, or that a person could reasonably suspect as having rabies. (57) Any animal, whe^ URpreveked, that bites, scratches, or otherwise attacks another animal or person within the city. (69) Any animal not kept by the owner or permit holder in conformity with this chapter, regulations promulgated by Ilief of police he animal care services manager, disposition made in accordance with article IV of this chapter, or state law. (7-,Q) 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. (11) ARY free FeaMiRg .moot that hoe net hoeR spayed Ar ne,itered (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. Page 25 of 46 (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, Of not, 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 apublic nu sanee,aprohibited animaL,�, or an animal held for observation of rabies under section 6-127 or other administrative procedures, are subject to fin redemption, at the discretion of the Animal Care Services Manager. Impounded animals may be redeemed by anyone entitled to possession of the animals 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. If A-n A-ROMA-1 ifs GtP_FilizP-d-V.fithiR thil4y (30) days ef Fele ase fellev.fing the aRimal's first ;tee- b. 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. (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 26 of 46 MPGURdMeRt, and WhGGe GIGg haS RGt beeR spayed GF ReHteFed, shall have the deg spayed Ar r (23) Exemption made by animal care services manager. The animal care services manager is authorized to exempt a-dog-an owner from the requirements of 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. ( ) Certification of spay/neuter procedure. The owner is required by this section to spay or neuter their animal shaii suomif 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.The ey.fne. of a deg required bysubseGbORS(1�(2) of this!se6+inn to be Spayed49T ._., +air, the at ure f+he�� +e ri r,a ri he P fermed the d ire 1"1"R'!Ol�rr-CrIr�TQTGI�G'1"C'1"IriYGC TTTQTQTOYrIV�JGTIVTTTTGQTr��VGQSTr b. The GeFtifiGatiGR must be delivered by the GWRer to the aRimal Gare seFViGes diViSiGR RE) latef- +hat, the fortieth day feller,iRg the a mal's release from im URdmer,+ (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. (1) E)F (2) ef this seGtien te be spayed E)F neuteFed and the peFSen fails te have the animal spayed a e„+ere,+ (1)9F (2) A-f this ses A-Rd the P R fails +e p „ide ( ) 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: cue +he time of+he GIGg's s GRGI im ni+men+: 1. TheewaS-registeFed with a +ieRal regTs& 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+hp "Gg'S;,.�,oeR -t44!PG61RdMeRt,tThe animalG-�, was at Targe due to a vis major. C. The deg-animal was at large at the time of its -PP4-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. ( ) 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 Page 27 of 46 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. 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 seWiGes OffiGera 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) Neti.e of,,elatonCitation. 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. Page 28 of 46 Sec. 6-104. Small a^""a'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 animal tFaps will be FeRted by the A-ROMA-1 Ga-re se-PAA-es divisie­n tA- A- A-.Oto-;zp-.n f49F a GhaFge pursuant W seGtiE)R 6 15 of this Ghapter fer all small animal traps that are 106t, StOleR, OF GtheRqiSe damaged renaeriRg th trap Unusable by the animal Gars seFViGes diViSiE)R p6in;6iaRttG GeGtOGR 6- 15 Gf thiG Ghapterv.fill be fe-Fea-A-h dead deg, Gat, eFsmall animal UPGR PiGk up ef the animal by the Gity. The maximum weight ef any animal PiGked 61P 6IRde.r this seAtien exGeed eRe hURdFed (100) PeURds. The dispesal ef any dead animal weighing E)VeF E)Re huR Ser— 6-10-6. Traps with holding meGhanisms prohibited, . NG PeFGGR shall set up 9F allev.f tA- be -set 61P GR his pFepeFty steel jaw tFaps, GpFiRg tFaps with teeth Ar these tFaps designed te k GE)MME)R FedeRts, i.e., Fats, miGe, gepheFs and gFeURdhegs; exGept that the Secs. 6-1057-6-125. Reserved. Sec. 6-126. Rabmes YaGGOnatoon.Rabies impoundment and quarantine. (a) Any veterinarian or person having knowledge of an animal having bitten, scratched or inmured a person, within the city shall report the incident to animal care services who is also the local rabies control authority immediately. NE) hors^., may E)WR keep harbor or have G„stedy OF,.GRtF„I of a dGK sfrin. eRt PFGVOGOGRshall 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.€*erL Vannina+inn Ge Ftif GA-te 4G.M.the Vete Finarian ar7minisforinn the V (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 Page 29 of 46 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 insured 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 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. Page 30 of 46 (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. Res. G-1 27. Rabies i .d-mept and nt+pe-. , , the peFied ef tome may net be fey.fer+hon +on (1 0) days n o+hon f.,l lr+oo., (1 A) days �hmi++ho 0 as ro.+� � 0l hy+hio 66lhooGfinn .,lofinn .,f+hio .mho.,+or repert the ORGideRt W the aRimal Gare seFViGes diViSiGR RG later thaR teR (10) dayS fFE)Fn the date 49f OR PeFGGR GF by PhGR aR nii+h o iri++on r nr+ , , disease hea-Ith-vmser and the animal A -es maRageF fGIIGW ORg; ( rT,. ype-aniGhaFaGteF ef the disease. Page 31 of 46 GWRed by a mod n hoc n ent red v nation (g) investigation OfGase& The animal g-a-re !._;e.PJir__es maRager or deSigRee shall MRVestigate and- reg-ord- all Gases of ro hies and- circ vented rabies (h) Di-spesition ef bed�ea ef qHaFantined animal& The bedy ef aRy aRimal that has died ef Fabies eF that does or is destroyed whole OR quaraRtiRe may Rot be disposed of eXGept as direGted by the aRi Payment ef Gest-s. , rtment, nearest Texas Dena ef Qtate HpAlth 2epxiAes I aheratery fer Testing. The foo fer of State Health Cewines I aherater..fer TestiRg diyosoe.n as n Cd in the sashed 1Ie n ant to sentien F 15 of this nhanter SeG. 6-128. SpayiTeuteF cli„TEfees 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 t44&-ew ef!&-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. Page 32 of 46 (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. (12) No person may allow an enclosure used to confine animals to be maintained in an unsanitary condition at times any time. (13) Ale person ma..+e91�-�-i�a�`c;--t3i��-s$�4�i��'-animai, 9F staked 961t iRte aRY so Ar sep ' ' tr + ' vr�arccr. eknlner ef+he ehien++e Whinh+he a mol is tetheredtier! er fastener! (j 34-5) 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. (16) Ne peFSen may tetheF an animal in suGh a manneF that allews the animal te beGeme entangled. 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. Page 33 of 46 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, Withi^ an„ Z^^O^^ d;G+r,Gt„+"or+han an 11 4,gl [P4_44. ��W , 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 *"^^ *^.Reed epeR -� 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, t" a -ep stwes that aFe qFeateF+",, eRe (1) a 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, WhIG" 16 g 6a+^r+".", ^^e (1) aGFe 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); the keepeF 9F ppF%,,Ppq ;R k +sk (23) No profit or business may be derived from the keeping or use of the fowl or eggs, the keeper (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; Page 34 of 46 (56) The coop must be completely surrounded by a six-foot high secure and substantial fenced /"GhiGk ") that p video adequate r e fer the fGWI ter m .tees net a ee.t enclosure�,,.o,�en�e+� � , be ,qu kept, SUGh as a sox feet high property feRGe or wall, the rp ire-ment to have a r-,hir*PR P is waived seas the size of the eRG! sA t_ha': 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 and/or keeper; (76) The owner keeper must maintain the fowl, coop, Keii pand enclosed yard area, a44�L-, in a manner that prevents odor, health, and sanitation problems; (8Q) Any sudden affliction, illness, or death occurring to any of the fowl must be immediately reported by the_.,,gner or keeper to the local health authority and to k;` animal control servicesdivisien; and ( )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 c- +bined-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 Page 35 of 46 (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. establishment,efthe exte-Fie-F limits ef aRY eXiGtiRg 1961ildiRg used f9F human ha-h-ita-tieR A-F used- fA-.r the husine,_;,_;_G� (2) The pens, stalls, E)F E)theF enGleSUFe faGilities feF keeping the animals, E)theF than fenGed epen paStUFes that aFe gFeateF than ene (1) aGFe, aFe IE)Gated se that the pens, stalls, E)F etheF endes faGolmtoes Genfine the animals se as net te peFMit the animals te Geme within five hundFed (500) ef any existing feed seFyiGe establishment eF feed PFE)Gessing ewneFship a of the establishment. fFGM GGMiRg WithiR tWeRty five (25) feet ef aRY PFGpel4y IiRe that abuts aR eXiGtiRg Fe'sid-e-RA-e. 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 threeftve(35) years from and after the date of annexation. Extensions of this exemption may be obtained for successive f+vethree-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. -C-153(e)_ _R.d all etheF p .,f this GhapteF (de) 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 Page 36 of 46 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. . 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. (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 d n fanning 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. Not later than the thirtieth Galendar day after the date a IiGensee or owner learns that he 06 the owner 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; Page 37 of 46 (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. oto y time the deg io Ot OR seGUre GIE)S ire Sec. 6-162. Tethering mons and other animals.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. Page 38 of 46 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. Its;hall be winlawful for any person to toe Ar tether a dog or other ani.m.al te assta-tie nary objeGt fer-a Thms seGtien dees not apply te any animal that is restrained te a running line, pulley, er trelley system and that ms net FeStFained te the Funning line, pulley, eF tFelley system by means ef a pinGh type, pFeng Sec. 6-163. ViEieesdogleeding 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 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. eGGasien: (-rKilledanec,Tef�deg, Gat,-E)r-E)trrer�rvrncStFG pet, vvrr,-virocStO ; E)r Page 39 of 46 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 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: Page 40 of 46 (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. 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. Page 41 of 46 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. (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. Page 42 of 46 (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 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. Page 43 of 46 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. SECTION 7. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 25th day of May, 2021. Page 45 of 46 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the City Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Mayor Council Members The above ordinance was passed by the following vote: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED this day of 2021. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 46 of 46 Amendments Requested by City Council Sec. 6-103. Impoundment. (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."",.,u„datory spaylneuter A91lowing firstmnn en The owner of o dog whicl has net been FegisteFed and YaGGinated on aGGeFdanGe with this GhapteF, whese deg 06 net spayed eF neuteFed, and whese deg has been impeunded feF being at laFge shall have the deg spayed or neutered within thirty (30) days following the dog's release from impoundment. (2) Mandatory spaylneuteF following seGOnd impoundivent The owner of a dog whiGh has been 0 mpeunded feF being at laFge at least twe (2) tomes On a twelve menth peFied, whese dE)g w 6 MP96IRdMeRt, and whese deg haG RGt beeR spayed GF ReuteFed, shall have the deg spayed GF (?3) Exemption made by animal care services manager. The animal care services manager is authorized to exempt a-dog-an owner from the requirements ofsubseG+ien of this section if the owner proves to the satisfaction of the animal care services manager that the animal_ was a member of a national freed cluL, local brEwd club, local all-breed club, sporting or hunting club, or was regularly shown during the six-month period immediately preceding impoundment, (2)was at large due to a natural disaster, (3)was at large due to the criminal or negligent acts of a third party, or (4) displays no characteristics indicating aggressiveness and has a potential market value as a breeding animal. The denial of a requested exemption pursuant to this subsection (2) by the Animal Care Services Manager may be appealed by the owner of the animal by giving signed, written notice of such appeal and the grounds therefor to the Neighborhood Services Director within 10 calendar days after issuance of the denial. The determination by the Neighborhood Services Director of said appeal shall be final. mo+n o (1) of+ho nnnrli+inns c reified in13111913PAtiAn /6) of+hio con+inn (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 The f o dog required by 1\ (2) f+hi n to be o ped ., services.T„�-ow,Ter�g, �su�sestfc�s-(���ns-ses �� c+G-A +oin the at uro f+ho�� +o rinori hG n fe FR;e+ the d pro nl�rr-CrIr�TQTGI�G'1"C'1"IriYGC TTTQTQTOYrIV�JGTIVTTTTGQTr��VGQSTr than the fe-Ftio+h day f.,ll.,W ORg the o mol'o rol0000 UGM im In.+mon+ (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. a. A persen GE)mmits an offense of the persen is the owner of a dog required by subseGtiens- (1) eF (2) efthis seGtien te be spayed eF neuteFed and the peFSen fails te have the animal Page 1 of 3 (1) 9F A-f this ser-, A-Rd the n R fails +„ n vii ( ) 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: 3 t the tomo of the deg'o seGGRd .m nrlmon+: 1. The deg war, registered with a # +:�O 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 swan-impoundment. b At the time Gf+he GIGg'S G GRGI ;,,, .,,+,,,o.,+ + he was at large due to a vis major. C. The deganimal was at large at the time of its impoundment due to a fro of 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. Sec. 6-163. ViGiensdog.Feeding of Animals (a) A person commits an offense if the person intentionally feeds any animal or makes food available for animal consumption in a manner that: (1) Creates a danger to public health or safety, or (2) Destroys public or private property, or (3) Causes more than 10 adult animals to congregate. (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. (a) 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. (a) AR GWRer or handler shall take reasGRable measures te prE)teGt the publiG from aGGideRtal GGRtaGt ecGasf O (-rr r'RvciTer�rvg, Gat,-er-eirrer�rvrncSt+G pet, vvrr,-ei"--�rocStO ; er Page 2 of 3 Page 3 of 3 * I CORPUS CHRISTI ANIMAL CARE4 � r - SERVICES �4 ,v CHAPTER 6 5 ORDINANCE REVISION r , ti�ar C"ORJS RISTI, TX MISSION STATEMEh The mission of Corpus Christ Animal Care & Vector Services is to promote and protect the health, safety, and welfare of the residents and pets of Corpus Christi Y' 1 r a y \f\ i 2 Shelter Care Assistants i �r CORPUS CHRISTI ANIMAL CARE SERVICES DIVISIONS Field � Live Release Enforcement rCustc)mer Service Clinic Care Clinic � - Vector Control `� �■� s � Temp Employees Full Time Employees � Field 2 -Sr Staff Assistantsvector Enforcement Shelter 8- Kennel Techs Tota I = 11 What is our Goal at Animal Care Services? • CCACS has an operating budget for FY21 of Live Release Rate Trend $3.26M 100 90 w 80 CCACS has a Live Release goal of 90%for FY21 70 60 50 40 30 Fiscal Year Dogs Cats Total % 20 10 FY 11 27.98% 8.52% 21.24% 0 2011 2C=2 :G 3 2014 2015 2016 2017 2018 2019 20t'-' FY 15 59.89% 54.14% 53.37% Dag �Cat —@—Live Release Rate FY 20 91.14% 78.99% 87.06% The Live Release Rate reflects the number of animals leavingthe 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. 4 up- CORPUS CHRIST CHAPTER 6 ORDINANCES • Ordinances were adopted on March 25t", 1981 • IT • Ordinances were last amended on December 14th, 2014 • Most recent addition was the Vicious Dogs Section in - 2019 MC Corpus Christi, TX 5 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 6 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 WHAT ARE THE IDENTIFIED ANIMAL RELATED ISSUES IN CORPUS CHRISTI? 4 0 X OWNER RESPONSIBILITY NEGLECT NUISANCES 0 PROPOSED AMENDMENTS AND ADDITIONS 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 9 0 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 io 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 Mass Feeding of animals (wildlife or domestic) restrictions to keep animal... reference 6-39 creating public nuisance unenforceable, no RIP Mass Feeding of Animals creating public nuisance ordinances to address issue or encouraging destruction of private or public property through feeding of animals. Citation can be issued for offense... reference 6-163 IE a1 e m f ti 4 y X. 3 r s , e �w e. lW 4ek 1 56 No it, ° 4 A h u — y qui AD VAMWA— 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 H AGENDA MEMORANDUM µoRPORPg4 Public Hearing/First Reading for the City Council Meeting May 18, 2021 1852 Second Reading Ordinance for the City Council Meeting May 25, 2021 DATE: April 23, 2021 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 Public Hearing and Ordinance for voluntary annexation of 18.59 acres in the CaIallen Area. CAPTION: Ordinance annexing approximately 18.59 acres of land at or near the intersection of County Road 52 and US Highway 77/Interstate 69 into the territorial limits of the City of Corpus Christi increasing the total area to 480.75 square miles. SUMMARY: This item is a Public Hearing and First Reading Ordinance on proposed annexation of approximately 18.59 acres of land at or near the intersection of County Road 52 and US Highway 77/Interstate 69 into the territorial limits of the City of Corpus Christi. The Second reading of the Ordinance will be held on May 25, 2021. Upon request by the landowner/developer, LC CaIallen CCTX Hwy 77 LLC, this annexation includes approximately 18.59 acres of land that will be developed multifamily residential and commercial at the southwest corner of County Road (CR) 52 and west of Hwy 77/1-69. Staff recommends approval of the annexation to support new housing, efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. BACKGROUND AND FINDINGS: Description of the Request Urban Engineering on behalf of the landowners (LD CaIallen CCTX Hwy 77 LLC) requested annexation of their land, being approximately 16.17 acres of land located at the southwest corner of the intersection of County Road 52 and U.S. Highway 77/1-69, an additional 2.42 acres of land associated with County Road 52 ROW will be included to ensure the area is contiguous to the existing City Limits. At full buildout, the developer plans to create 312 multifamily units on 14.60 acres of the subject property with a proposed zoning of "RM-2" Multifamily 2 District. The remaining 1.57 acres are proposed for commercial uses. The zoning district requested for the commercial development is "CG-2" General Commercial District. The current use of the land is farming with no residents. As required by State law for annexation, the annexation area is contiguous to the current City limit line which coincide with the northern right-of-way of County Road 52 and the western ROW of U.S. Highway 77/1-69. City Services to Subiect Property The landowners have agreed to a Municipal Service Plan Agreement with the City and the City Manager is authorized by City Charter to execute the agreement. The subject property is served by the Nueces Co. WCID #3 and the developer will negotiate with that entity for the provision of water to the site. A City wastewater line will be available to the subject property through the newly constructed lift station located to the north of the annexation area and north of the County Road 52 ROW. A six inch gas line terminates near the northeast corner of the site, running along the west boundary of U.S. Highway 77/1-69. The proposed site contains no city master planned streets. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, or City Library, Health, Animal Control, or Parks and Recreation facilities are needed. RECOMMENDATION: Staff recommends approval of the annexation to support efficient land use where City utilities already exist and to exercise land use controls in this growing area of the community. LIST OF SUPPORTING DOCUMENTS: Ordinance with Service Plan Landowners' Petition for Annexation Ordinance annexing approximately 18.59 acres of land at or near the intersection of County Road 52 and US Highway 77/Interstate 69 into the territorial limits of the City of Corpus Christi WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, the City of Corpus Christi has received a petition for annexation from landowner of 16.17 Acres out of Lot 9, Block 1 , Nueces River Irrigation Park and will annex an additional 2.42 acres of land associated with County Road 52 right-of-way to ensure that the annexation area is contiguous to existing City Limits. WHEREAS, Texas Local Government Code §43.106 provides that a municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road; WHEREAS, offers of a development agreement pursuant to Texas Local Government Code §43.016 has been made; WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into the attached Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed; WHEREAS, on May 18th, 2021 , a public hearing was held by the City Council, during City Council meetings held in the Council Chambers, at City Hall, in the City of Corpus Christi, following proper notice including publication of notice of the hearings in a newspaper of general circulation in the City of Corpus Christi and posted on the City's Internet website, for the consideration of annexation proceedings for the defined lands and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. 1 of 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. That an 18.59 acres, more or less, described by metes and bounds and a survey map in Exhibit A and Exhibit B, generally located to the south of County Road 52 and west of US Highway 77/1-69, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. Exhibit A and Exhibit B are incorporated into and made a part of this ordinance. SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. Exhibit C is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the 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 7. The City Secretary is hereby directed to file with the County Clerk of Nueces County, Texas, a certified copy of this ordinance. SECTION 8. This ordinance is effective upon passage on second reading. 2of6 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 3 EXHIBIT A METES AND BOUNDS 18.59 acres NOTES for a 18.59 Acres, comprising a 16.17 acre tract, out of Lot 9, Block 1 , Nueces River Irrigation Park, as recorded in Vol. A, Pg. 54, of Map of Records of Nueces County, Texas described in a Special Warranty Deed from TXCT Realty, LLC, to LD Calallen CCTX Hwy 77, LLC, as recorded in Document No. 2020038038, Official Public Records of Nueces County, Texas; and a tract of land containing 0.812 acres of land out of Lot 9, Block 1 , Nueces River Irrigation Park, recorded in Vol. A, Pg. 54, of the Map of Records of Nueces County, Texas; and a tract of land containing 0.925 acres of land out of Lot 8, Block 1 , of Nueces River Irrigation Park as recorded in Vol. A, Pg. 54, of the Map of Records of Nueces County, Texas; and a segment of County Road 52 Right-of-Way (ROW). These tracts and ROW being more particularly described by metes and bounds as follows. BEGINNING at a TXDOT Type II Monument Found, on the West ROW line of US Highway 77, the North line of a 12.00-acre tract described as Tract 1 , in a Deed from the Commercial National Bank of Beeville to Steven R. Hook, as recorded in Volume 2117, Page 231 , Deed of Records of Nueces County, Texas, for the Southeast corner of the said 16.17 acre tract and this tract, from Whence a TXDOT Type II Monument Found, bears South 09018'06" West, 271.29 Feet; THENCE North 84° 53' 48" West, with the common boundary line of said 12.00-acre tract and the said 16.17-acre tract, 975.74 Feet, to a Mag Nail with washer stamped "URBAN ENGR CCTD" Found, being an inner corner of said 12.00-acre tract, for the Southwest corner of the said 16.17-acre tract and this tract; THENCE North 09° 15' 02" East, continuing with the said common boundary line of the 12.00-acre tract, 726.52 feet, to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGR C.C. TX" found, on the South ROW line of County Road 52, for the Northwest corner of said 16.17-acre tract, the Southwest corner of the 0.812-acre tract, and point along the western boundary of this tract; THENCE North 09° 12' 14" East, along the Western edge of 0.812-acre tract, a distance of 33.94 feet, to the South ROW line of County Road 52, to the Northwest corner of the 0.812-acre tract, and a point on the western boundary of this tract; THENCE North 09° 16' 57" East, a distance of 30.08 feet, crossing the length of the 30' County Road 52 ROW to a point along the Northern edge of the County Road 52 ROW, same point being the Southeast corner of the 0.925-acre tract, for a point along the western boundary of this tract; THENCE North 09° 16' 56" East, a distance of 35.429 feet, to the Northwest corner of the 0.925-acre tract, for the Northeast corner of this tract; 4 THENCE South 850 38' 35" East, a distance of 770.59 feet, to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX", for a point on the Northern edge of the 0.925-acre tract, and a point along this tract; THENCE South 800 45' 05" East, a distance of 156.00 feet, to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TV, being a point along the Northern edge of the 0.925-acre tract, and a point along the Northern edge of this tract; THENCE North 540 14' 45" East, a distance of 70.71 feet, to a set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TV on the West ROW line of U.S. Highway 77, being the Northeast corner of the 0.925-acre tract, also being the Northeast corner of this tract; THENCE South 09° 14' 37" West, continuing with the West ROW line of U.S. Highway 77, a distance of 80.82 feet, to a point on the North ROW of County Road 52, being the Southeast corner of the 0.925-acre tract, for a point along the Eastern edge of this tract; THENCE South 09° 17' 40" West, continuing with the West ROW line of U.S. Highway 77, a distance of 30.08 feet, crossing the length of the 30' County Road 52 ROW to a point along the Southern edge of the County Road 52 ROW, same point being the Northeast corner of the aforementioned 0.812-acre tract, for a point along the Eastern boundary of this tract; THENCE South 09° 14' 55" West, continuing with the West ROW line of U.S. Highway 77, a distance of 93.10 feet, being the Southeast corner of the 0.812-acre tract, same point being the Northeast corner of the 16.17-acre tract, for a point along the Western edge of this tract; THENCE South 09° 18' 04" West, along the West U.S. Highway 77 ROW, continuing with the Eastern edge of said 16.17-acre tract, a distance of 667.151 feet, to the Southeast corner of the 16.17 acre tract, to the Point of Beginning, containing 18.59 Acres (809,780.40 Sq. Ft.) of land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. 5 EXHIBIT B ANNEXATION AREA MAP UNE DIRECTLDN 7IST4%CE•n 1 d,: -. . U N 54.Si-4a W 975749 "rf * r - AY" L2 N 45.75-CC€ '2fl5=1 _ }, 4x L3 IYMIZ-14E 33M7 L4 w LS N94�Sy- Afir G 55E , j�.U LS 5&•38.35 E 77Q.5PC �_ - r b . L7 S A3-M1Si&S E 7-SlrOD7 '1,� 19 S W-14-37 W Sam T LX 5 a-.17-49 A' 3-@r Lii 5 M-14-z W 93-t9D P~� L7J _ -1 73 W S5".15i 1 0.925 Ave5 _ of 4ndOut of Lot B,B®CL 1 E--�' M.RlV m`191tion Park LOIS,Cock 1 =aS_•-3 k ++ yo;,A,Pg-54,Map No kVa'ir'pt or.Pa'k J,map Record of Fives eS Cou My,Texas 'o1-A.Pg.54.Map CauMy,lex as fo%"er:C Ry of Cvrpu s C h ri szi) RMOFds of h'�xes Co��rt V.Tex as C. , -.E.F.5.Nina E.Naald Ilam) Ion er:rre.c,Ck..Nenrq.Et ox) JW-752,Pg'-515 D-N-R.0-T-) (W i.142(I-F m.691.D-N.A.C,T) LS _L4 LT —L3 T ""CaVNTY R6#CI 52 - _ - +rt-- L9 L10 a u 9.512 Azm s -q— ^ L11 ti t afand OLtof Lat9..E= : v d NO Mes Rie Itrigat c^ Aecords of teaece. J t3Lt e L hL£{➢--[:._•I"gat 0-FAA f yt To ._ .. ;.34,Map 9 j is¢ ---_ --_ '-'=e %Lriy.'re1e3 r.T, Q 'Point Of Begin-.—. g.' Legend Ll City-•�Current 1 N�a At"'oLL r ®Icek 7 �.• f =Intl in Y+n Irr�arlo .;ti.'e 91.4.p Annexation i R*I—n,2L`a.L.F_ _9 51•Map ane -- ,v City Of Print Date: 0310212021 Corpus Christi IStI ExnibitA.Annexation Area p =18.59 acres 0 125 250 500 1 inch=200 feet Feet 6 EXHIBIT C MUNICIPAL SERVICE PLAN AGREEMENT FOR 16.17 ACRES OUT OF LOT 9, BLOCK 1 , NUECES RIVER IRRIGATION PARK This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and LD Calallen CCTX Hwy 77, LLC ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 16.17 acres of land situated in Nueces County, Texas, as specifically described in Special Warranty Deed attached as Exhibit "A" ("Subject Property"'), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. 1 Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the Nueces County WCID #3 holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions hereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. 2 (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. 3 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will be also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. 4 (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. 5 Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this 6 instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binging Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER By: By: Peter Zanoni, R. Neil Crouch II City Manager Manager LD Calallen CCTX Hwy 77, LLC Date: Date: APPROVED AS TO FORM: By: Buck Brice Assistant City Attorney for the City Attorney 7 2020 -2020038038 08t28/2020 11:5MM Page I of 7 EXHIBIT A NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OFT FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RE CORD INT PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED Date: August 2d,2020 Grantor: TXCT Realty,LLC, a Texas limited liability company Grantor's Mailing Address: 9706 Appin Falls Spring, Texas 77379 Attention: Mr. Terry Oppliger Grantee: LD Calallen CCTX Hwy 77, LLC, a Delaware limited liability company Grantee's Mailing Address: 2313 Penrose Ave. Mesquite, Texas 75150 Attention: R.Neil Crouch, 11 Consideration: The Property is conveyed to Grantee for Ten Dollars ($10.00) and other good and valuable consideration cash in hand paid by Grantee to Grantor. Property (including any improvements): 16.17 ACRES OUT OF LOT 9,BLOCK 1,NUECES RIVER IRRIGATION PARK, AS RECORDED IN VOLUME A, PAGE 54, OF THE MAP RECORDS OF NUECES COUNTY,TEXAS,BEING A PORTION OF THE LAND DESCRIBED IN A PARTITION DEED BETWEEN ALBERT F. STUCHLY AND WIFE, MARGARET STUCHLY AND CHARLES A. STUCHLY AND WIFE, HATTIE STUCHLY,AS RECORDED IN VOLUME 793,PAGE 336,DEED RECORDS OF NUECES COUNTY,TEXAS,SAID 16.17 ACRE TRACT BEING MORE FULLY DESCRIBED ON EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN. Special Warranty Deed Page 1 2020 -2020038038 08t28/2020 11:53AM Page 2 of 7 Reservations from Conveyance: None Exceptions to Conveyance and Warranty: The Property shall be conveyed subject to the following matters (collectively the "Permitted Exceptions"): (a) Rights of tenants in possession under any and all outstanding lease agreement recorded or unrecorded. (b) The rights of Nueces County Water Control and Improvement District No.3 to levy taxes,standby fees,and issue bonds,together with any and all easement rights relating to the Utility service provided to the subject property. (c) Pipeline Right of Way dated December 17, 1936, from Joe A. Stuchly to Magnolia Pipe Line Company,recorded under Clerk's File No. 111424,Volume 229, Page 12, Deed Records of Nueces County, Texas, assigned to Koch Gathering Systems, Inc. by instrument dated January 3, 1986,recorded under Clerk's File No. 475739,Volume 1999, Page 935, Deed Records of Nueces County, Texas. (d) Right of Way dated December 12, 1945, form Joe A. Stuchly and wife, Winnie Stuchly to Central Power and Light Company,recorded under Clerk's File No. 214970, Volume 317, Page 347,Deed Records of Nueces County,Texas. (e) Terms, conditions and provisions of Agreement and QuitClaim of Water Rights dated June 18, 1962,from Albert F. Stuchly and Margaret Stuchly to Nueces County Water Control and Improvement District No. 3,recorded under Clerk's File No. 623301,Volume 998, Page 321, Deed Records of Nueces County, Texas. Utility Easement and Covenant of Access dated June 26, 2017, executed by TXCT Realty,LLC to Nueces Electric Cooperative,Inc.,recorded under Clerk's File No. 2017039395, Official Public Records of Nueces County, Texas. (g) Coal,lignite,oil,gas or other mineral interest(s),together with rights incident thereto,contained in Mineral and/or Royalty Deed dated July 26, 1979,form Charles Venice Canine, Jr., Independent Executor and Trust names in the Will of Walton S. Jolley, Deceased to Jack Robert Jolley, recorded under Clerk's File No. 144955, Volume 706, Page 64, Oil and Gas Records of Nueces County, Texas. (h) Interest in and to all coal, lignite, oil, gas, and other minerals, and all rights incident thereto, contained in Warranty Deed dated July 25, 1925, form W.J. Jolley and wife, Mary F. Jolley to Joe A. Stuchly, recorded under Clerk's File No. 22147, Volume 156, Page 8, Deed Records of Nueces County, Texas, which document Special Warranty Deed Page 2 2020 -2020038038 08/28/2020 11:53AM Page 3 of 7 contains the following language "Reservation by Grantor of an undivided interest in and to all the oil, gas and other minerals". (i) All,leases,grants,exceptions or reservations of coal,lignite,oil,gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. 0) All matters shown, including but not limited to fence not following the property line, on the Vacant Lot Survey dated March 2, 2020, prepared by Urban Engineering, James David Carr, RPLS, License No. 6458. (k) Building restrictions and zoning regulations heretofore or hereafter adopted by any governmental,municipal or other public authority relating to or encumbering the Property. (1) Real property taxes for 2020 and subsequent years,and subsequent taxes and assessments by any taxing authority for 2020 and prior years due to change in land usage or ownership. "As Is,Where Is" Conveyance: GRANTEE, BY ACCEPTANCE OF THIS SPECIAL WARRANTY DEED, ACKNOWLEDGES THAT IT HAS INSPECTED AND ASSESSED THE PROPERTY AND HAS SATISFIED ITSELF AS TO THE CONDITION OF SAME, INCLUDING THE PRESENCE OR ALLEGED PRESENCE OF HAZARDOUS SUBSTANCES (WHETHER UNDER LOCAL, STATE, FEDERAL, COMMON LAW OR OTHERWISE) IN, ON, UNDER OR ABOUT THE PROPERTY AND THAT IT ACCEPTS THE PROPERTY"AS IS" AND " +RE IS" AND WITH ALL FAULTS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY AS TO HABITABILITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FITNESS FOR ANY PURPOSE,SAVE AND EXCEPT THE WARRANTIES OF TITLE CONTAINED D REIN. Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty set forth herein,(a)grants,sells,and conveys to Grantee the Property,together with all and singular the rights and appurtenances thereto in any way belonging,to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever and (b) binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Special Warranty Deed Page 3 2020 -2020038038 08I28/2020 11:53AM Page 4 of 7 Property to Grantee and Grantee's heirs, successors,and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or-under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. Signature page follows: Special Warranty Deed Page 4 2020 -2020038038 08t28/2020 11:53AM Page 5 of 7 IN WITNESS WHEREOF,this Special Warranty Deed has been executed by Grantor on the date of the acknowledgment set forth below, to be effective for all purposes as of Augustzll 2020, TXCT Realty,LLC B y: I I M crr, anagger THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on C7-9)1-7—q 2020, by Terry Oppliger, Manager of TXCT Realty, LLC, a Texas limited liability company on behalf of said limited liability company. saA Pim. GELASYZDEK NOTARY PUBLIC IN 131461559 state of Texas Notary Pul& in and for Wdtate of Texas Comm.Exp-02 22-202 After recording return to: Special Warranty Deed Signature Page 3020 3020038038 011128/2030 11:53AM Page 6xf 7 Exhibit A Property 16.17 ACRES OUT OF LOT NINE(9), BLOCK ONE(1), NUECES RIVER IRRIGATION PARK an Addition in Nu*cmo County. Texae, as mhoxm/ by the map orplat thereof, n*omnded in Volume A, Page 54, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes. 18.17ACRE TRACT OFLAND, OUT DFLOT&. BLOCK 1. NUECEBRIVER IRRIGATION PARK, ea recorded inVolume& Page 54. ofthe Map Records of Nueces County, Texas, being the same land described inaSpecial VV ntyDeedfrornTarryK8. OppigortoTX[TRsa|ty. LbC. asnncopdadin Document No. 201G059548. Official Public Records ofNuemaeCounty, Texas, said 1G.17acre tract being more fully described aefollows: BEGINNING aLaTXDDTType\| Monument found, onthe West ofU8Highway 77. the North line of a 12.00 Acre Tract described as Tract 1, in a Deed from The Commercial National Bank of Beeville to Steven R. Hook, as recorded in Volume 2117, Page 231, Deed Records of Nueces County, Texas, for the Southeast corner ofthis Tract, from WHENCE oTXDCTType HMonument found, bears, South OQ10'06'West, 271.2Afeet; THENCE. North 84' 5348"West,with the North line of said 12.00Acre Tract, 975.74 feet, to a Mag Nail with washer stamped"URBAN ENGR CCTX'Set, for an inner ell corner of said 12.00 Acre Tract, the Southwest comer ofthis tract; THENCE. North 090 15' O2' East, with the said 12.00Acre Tract, 72G.52feet, too5/8inch iron rod with red plastic cap stamped"URBAN ENGFlC.C. TX"Set` onthe South Right-of-VVayline of County Road 52. for the Northwest corner ofthis tract; THENCE, with the said South Right-of-Way line mafollows: " South 84"46' 07" East, 865.02 feet tom5/8inch iron rod with red plastic cap stamped"URBAN ENGR C.C. T)C'Set; ~ South 80'4251" East, 60.92feet too5/8inch iron rod with red plastic cap stamped"URBAN ENBRCC �X'Set' ^ South 42' 51" East, 70.71feet to a 5/8inch iron rod with red plastic cap stamped"URBAN ENGR C.C. TX'Set on the said West Right-of-Way line, for a comer of this tract; THENCE, South 09' 18' 06!'\A/mot. with the said West FUQht+duWhayline, G60.52feet, tothe POINT OF BEGINNING, containing 1G.17Acres(7O4.528 Sq. Ft.)of Land, more orless. Special Warranty Deed Exhibit 2020-2020038038 0812812020 11:53 AM Page 7 of 7 Nueces County Kara Sands Nueces County Clerk Instrument Number: 2020038038 eRecording - Real Property DEED Recorded On: August 28, 2020 11:53 AM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $31.00 STATE OF TEXAS Y 0OG9r NUECES COUNTY � y I hereby certify that this Instrument was FILED In the File Number sequence on the date/time cy '' S printed hereon,and was duly RECORDED in the Official Records of Nueces County,Texas. �oF NUE� Kara Sands Nueces County Clerk Nueces County, TX ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2020038038 Simplifile Receipt Number: 20200828000091 484 North 300 West, Suite 202 Recorded Date/Time: August 28, 2020 11:53 AM User: Lourdes V Provo UT Station: CLERK05 URBAN ENGINEERING February 1, 2021 Ms. Leane Heldenfels, City Planner City of Corpus Christi Planning and ESI 1201 Leopard Street, 4"' Floor Corpus Christi, Texas 78401 Subject: 16.17 Acres out of Lot 9, Block 1. Nueces River Irrigation Park (Owner: LD Calallen CCTX Hwy 77, LLC) Ms. Heldenfels, We, Urban Engineering, on behalf of LD Calallen CCTX Hwy 77, LLC, formally submit to the City of Corpus Christi,this request for annexation of the subject property as allowed in Chapter 43, Section 43.014 of the State of Texas Local Government Code. The subject property is contiguous to the current City limits and is currently being used for agricultural purposes. The owner of the property is proposing a 13-building apartment community with a commercial tract at the Northeast corner of the property. Requested zoning at annexation for the apartments is RM-2. Requested zoning at annexation for the commercial tract is CG- 2. There are currently no residential units on the property. The only structures currently on the site are a lift station and Electric transformer located at the Northwest corner of the property. The apartment site is proposed to be constructed in a single phase. The table below lists the size and amount of proposed housing units. The attached site plan shows the layout of the proposed buildings, parking/paving and open space. The attached tax statement contains the current property values. There are no streets proposed with this development, therefore a proposed street plan is not being provided. Water service will be provided by Nucces County Water Control and Improvement District No. 3. Sanitary sewer service will be provided by the City of Corpus Christi. Water is available to site along County Road 52. Sanitary sewer is also available along County Road 52. UNIT TABULATION TYPE AREA NO. % TOTAL AREA A] 732 108 34.62% 79,056 59.62% A2 802 78 25.00% 62,556 186(1)bedroom units B1 1,047 48 15.38% 50,256 40.38% B2 1,124 78 25.00% 87,672 126(2)bedroom units TOTAL 312 100.00% 279,540 312 total units Thank you vier alvan (361)854-3101 2725 SWANTNER DR, • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 05/18/21 1852 Second Reading Ordinance for the City Council Meeting 05/25/21 DATE: April 15, 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 7601 Yorktown Boulevard CAPTION: Zoning Case No. 0121-01, Braselton Development Company, Ltd.: (District 5)Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "RS-4.5" Single-Family 4.5 District and the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development SUMMARY: The purpose of the rezoning request is to develop a 146-lot single-family residential planned unit development. The development will be constructed in two phases, with 75 lots in the first phase and 71 lots in the second phase. This development will be a part of the existing Rancho Vista Subdivision. BACKGROUND AND FINDINGS: The subject property is 18.26 acres in size and is currently zoned "RS-4.5" Single-Family 4.5 District and "FR" Farm Rural District. The subject property consists of a vacant property and has remained undeveloped since annexation in 1995. To the north is a vacant property zoned "FR" Farm Rural District. To the south is a proposed extension of the Rancho Vista Subdivision consisting of proposed single-family homes recently rezoned to "RS-4.5" Single-Family 4.5 District. To the east are single-family homes and vacant properties zoned "RS-4.5" Single Family 4.5 District. To the west is a portion of the Rancho Vista Subdivision consisting of single-family homes zoned "RS-4.5" Single Family 4.5 District. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the"RS-4.5/PUD" Single-Family 4.5 District and Planned Unit Development Overlay is consistent with the adopted Southside Area Development Plan. Public Input Process Number of Notices Mailed 93 within 200-foot notification area 3 outside notification area As of March 12, 2021: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition Commission Recommendation Planning Commission recommended approval of the change of zoning from the "RS-4.5" Single- Family 4.5 District and the "FR" Farm Rural District to the"RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development on March 17, 2021. ALTERNATIVES: 1. Denial of the change of zoning from the "RS-4.5" Single-Family 4.5 District and "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstai ned: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0121-01, Braselton Development Company, Ltd.: (District 5) Ordinance rezoning property at or near 7601 Yorktown Boulevard from the "RS- 4.5" Single Family 4.5 District and the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Development 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 18.26 Acre tract, out of lots 21 and 28, Section 25 Flour Bluff and Encinal Farm and Gardens Tracts, a map which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas as shown in Exhibit "A": from the "RS-4.5" Single-Family 4.5 District and the "FR" Farm Rural District to the "RS- 4.5/PUD" Single-Family 4.5 District with a Planned Unit Development The subject property is located at or near 7601 Yorktown Boulevard. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of Rancho Vista Subdivision Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance Rancho Vista Subdivision Unit 20 Planned Unit Development (PUD) Guidelines and Master Site Plan. 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. 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 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 2 of 4 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 3 of 4 Exhibit A r Rs,a.s RB--- .5 �Q rf of `ka �f � FR �e SFR t° R5-6 Q� Rf 5-4 �' RSr4.5 CC �� /�•� ub yA. PROPERTY v�� Eo qMp FBF t o R -4.5 of A E"� nye cp�.d:y nvao2g P Sag FFepaed ay ReyR !t Feet D�artrrrent ofDerelopmerr f Services CASE: 0121-01 SUBJECT PROPERTY WITH ZONING P4 ¢b S,' e a Property SUBJE7 R RN-1 Nultifam ilyf IL Lighthdustrial RN-2 Nultifamily2 W Heavy hdusirial RN] Nultifamilys p6❑ Plan n.d llnit Cev.Overlay A® ON Professi...I -,", ice RSIg Siegle-Fam ily l0 e w Multifam ily AT RS6 Sie-Fam iy6 us CNris(i y C" Neig hborh'o Commemal RSA 51 igle-Family 4.5 CN-2 Neigh horhoad Commere el RSTF Two-Family c CR-1 R.sart Comm.inial RSIS Siegle-Family 15 -----� CR-2 Resort Commercial RE Resident al Estate �- - _ _ - -!i CG1 G.neva l C mmmem el RSTH Townhouse — ema C 2 -neral Commercal SP Special Permit -� CI htensive Cmnmerc'al RV Recrwtion.1 Vehid.Park / CBP Omrntorrn Commercial RMH Nanufxtured Hrrtne CR3 Resort Commercial FR Farm Rural v Cttr of H Hktoric Overlay arrne BP Susi ess Pak LOCATION MAPc---�yy�—(i' Page 4 of 4 Job No. 41934.00.03 Rancho Vista Subdivision Unit 20, P. U . D. Corpus Christi, Texas Owner/Developer Braselton Development Company, Ltd. Submitted by Urban Engineering Revised: March 8, 2021 URBAN ENc. .: N TBPE Firm#145 TBPLS Firm#10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 page 1 of 9 Job No. 41934.00.03 Rancho Vista Subdivision Unit 20, P. U . D. Corpus Christi, Texas Development Description: The developer is proposing affordable housing being placed within Rancho Vista, a 300 acre master planned community consisting of 147 single-family residential lots. The development will be constructed in two phases with 76 lots in the first phase and 71 lots in the second phase. This development will be a part of the existing Rancho Vista Subdivision and will complement other existing and proposed developments in the area. Location Map: County of Nueces ` Eckner N City of Corpu Christi 0 V v 0 Yorktown Boulevard p a o Bar T Dr. L E O U L � Fn O ? D ti Lon Nela eea Dunn's P In or V. ger. Dr.=' p e� ° kn C`� P'i et�reC o Brown D o O Hl h Gu s 0 ' e��'o m Stampede�D . m p a C e�GAO° a\ate E a ° 0 o � ,et -° E PPv�� c�`� v S tVE gyp\ S Idle3 HouD Hector P Ga ciaBr san o a Wa v E o F ,ay Ad er Drive M nk \° � s page 2 of 9 Job No. 41934.00.03 Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area—4,500sf Minimum Lot Width—45' Minimum Street Yard—20' Minimum Street Yard (Corner)—10' when back to back lots Minimum Side Yard—5' Minimum Side Yard (Total)—10' Minimum Rear Yard—5' Minimum building separation—10' Minimum Open Space—30% Maximum Height—35' Required Parking: - 2 per unit Curb Type—6" Curb and Gutter Sidewalks—4' on each side Paved Street Width—28' PUD Requirements/Development Guidelines Minimum Lot Area—3900sf(Variance) Minimum Lot Width -40' for all lots except Lot 14, Block 46 (Variance) Lot 46 has 25+/-of frontage Minimum Street Yard—20' Minimum Street Yard (Corner)—10' when back to back lots Minimum Side Yard—5' Minimum Side Yard (Total)—10' Minimum Rear Yard—5 Minimum building separation—10' Minimum Open Space—30% Maximum Height—35' Required Parking: - 2 per unit Curb Type—6" Curb and Gutter Sidewalks-4', 5 and 6' on one side of street (Variance) Paved Street Width—20' (Variance) page 3 of 9 Cou'%of 11,16— Location Map: N.T.S. City of orious Christi I. Total platted or,, Contains 18.26 Acres of Lord. (1,,I.d,, Street DeZ.tmn) 2. The-M'q—ter far the t——ter runoff fr—thi P"P"ty I't u 0..C—IK.The TCEQ has not 11111ifild the aquatic if,use far the C::k,but it is r.cogr,z an r-or—n .d as tally—.iti�or... Th.0 r Cr k flose directly into the Oso Bay.The TCED has class red the aquatic life us, far the 01, Bay 11 '—ptillll' old ",yt,r --," old c .teg.rized the r-eimrg—ter as"contact recr-ti.n"use. 3, Gnal Bearings and Distance. h—n her—are rf..r-al to the Ts.a. Coordinate Sy—, of 198, T...South Z...42135,and or,b...d .Site the North Arr.ric.n Datum of 1963(2011)Epoch 2010.00. 4. By graphic platting-�this property I,I, Zone"B"-Flood Insurance Rate Map,C.—rity Ford No. 485494 0540 C,Cit at Corp..Christi, T.-d.,�hi.h bear.an ff.cti� at.of March 18, 19B5 and is not in Special Flood Hazard Area. 5. Th. Yard r.quir...nt, a. depicted is . r.q.ir...nt of the Uri md State of D.wi.p..rt Cod.and is subject to change as the zoning by ch a rigs. .Te... County f N... Thi, III-plot 11 In.herein de—ib al property pp.d by the Oep--t of—prn-t Se_..or the city or Corp..Christi.Te.... This the—————day of———————————————--20————— Plat of 8,it F.T--------—----------—---- . ErKir.r Rancho Vista Subdivision State f I... Unit 20 P.U.D. County of N... Th.final plot of the Ins—described property.. pp—ed-behalf of the City of Corp..Christi, being 12129 Acres a I Lord aut d L.1,21 and 29,Section 2-� Te...by the Pl.rnrg C—mi—i— Ra,Bluff and fr6­1 F—and C—den T..Is,.—p of hich ,�—Z in V,,,—A,Pidges 41-4J,Map Record,of N—es This ths—————day of———————————————--20————— Caudly, 7—ond beog I pIrti.I/an 1826 Acre 7—t of Lord a,ass"bed'd�Special W—anty Deed%,,th Vd.,s L- f— &Z'shy shopping Certer to B—eltan Dekebpirmt - ——————— ——————————— Contpony,Ltd.,—.,&d)a Docmert N. 2D20039533, Official C--n ,t,lc�—ds fft-es County,T..s state of T... C,unty of Nu— I K.r.S-d.,Clerk of the C.-ty Court i�and far id Ca.rt�do hereby—tify that the foreg.irg M:Ibru ert dated the---day or— ------20—,�ftlh its-rtift—.1--timtion as fiNd Zr rs-rd in rby ffics the----dby at------—20----At----Ocl al,---—N.,and duly--d the—day at-----—,20----at----O'd— I,—County in 'al_ P.g-------—Map Record.. W-18 ly hold old seal of the County Court,I,and far old Cburt�at office in Corp..Christi. the day-al�.,last N -————————————— --------- 'e S te of T... State at T... N.-s.Court,I... C.unty f N—s —nty f Nu—s at———————a clock 8—elt-De pm-t Cannp-�Ltd., Te...lirnited partnership,hereby—Uns. A-1 AN BANK,hereby—Uns.that it holds li- the property..red by -—————— t. .at I s thn—,of the land.embraced�itlhin the bourd.r.s.of the foreg.Mg --Ct-De—pm�t C.p-n Ltd.. Te...linuted P"M=ip,"'thh."P.';..e plot: that it has had old I-al. T:dfar,.d—.bdiVd al as h..r; that street. amg..rg-'p and it Pon.-..1 the—d.-ion and ded far .h— are deafic ted, to the public that...emert.as — are and c—erati—therein e.p ed. d so i-ted to the P blic ss for the psr.ti.n rd use of public tilitis.; .rd that this map— ads far the p.rp—of ds—pli- rd dedi-lim. This ths---day at————————————————20————— stote of T�... Cb rty of N.ecs. .1.the___d,or————————————————20————— 1.Jarn-D.Carr,.R�gis—d P,&—i—Lord Sur—far Urban�gin—g,h—prsp—d By.AkERICAN BANK f—g-irg­fr—.—y.—an-grou al unds,my dirsob- d is—and--ct to B�B"'st"D'—prhent Canrp,,�LIA.,,T—I!—partnership best or y k,,el,dg,. --ti,n and belief;I In—b...eng,K,K! rder...t—t to set all Lot and Black conn— ,—.1 1,111in and to complete such a,,rati...—due and--bl.diliWoe By. -rt Mth sound pIlf—il"I praltill. By B—It-M.-gennent C,mp.n�-LC,it.gen—partner --——————————— Me th-—————day of—————————————————20————— state at Te... Co-ty of N.ece. This irstrurn—...--ledgsal before me by PHIUIP d.RITLEY.,as Seri.r Lending S be of T�... Off—of AkERICANI BANK,an behaff of..id bark. —————————————— County of N—s. d—e.D. ,R.—S. Ts—Licer-No.-8 This i1st,11111,—11k1,eI,dg,d1 before by Fred B It,,. P Went k,"g—rt Campar� general partner of B—Itan D—p— C,rrpar�Ltd..,T...lift-parin...hip, ,b—If at said entity I, old a,P-ty. This the---day at————————————————20————— U111MAN,R,,i,,d 3,I/M21 This the---day at————————————————20————— ————————————I.--- S—itted:12/2/20 N.-y P.Ibik,in nd I the S7t.­te—.­f—T-e—.a`.--- S9LE None 1 101 NO.:41934CO.03 ——— ENGINEERING SHEET:4 of 9 DRAWN BY XG is by U-, r.U_,,u_ _ F.d's Folly W- 26 25 24 23 22 21 20 19 18 iJ 16 1. 15 14 13 12 11 10 9 8 I 6 5 Amending Plat o _ Rancbo Vista Subdivision Unit 1 ords of s Ca as ,P9-11 ecor s Ces ounty P x°s onC o s a u ,vision n, " 11,6I,P93. ---- Ree Nuece unty,Tex 0 F tl of Nue C 1e .u.. .° .__ °. s. ---26-- -- of d zm -2.- 47 rr .v j _p ____ - E r __ f --F o1 24 81 o0o N N 1 ; 01 R 85 J n R 8 1 8 f 4aaaf° 1k al 050 °� II II 72«1 Q osoo a z° r oso° z° (' oso° z 8 •°Zaa'0°' d POO,00 •UOROefO° g 2e s. 1 zaa k 1 ,mRo,r° 1 g , r I'- & ,a'a k 1 ,mRar° l g 1 2a,r° °° ®„° °� gas as ,moa 1R,,, SII Ds. m II” j1 as as ,moa 1R,,,,,,yl gas as ,o0 as z 41,1a I& IIz° .3t II a1 01 a I �I 21 Is m° Ig �I 1 �I 1 Ik 1 81 X20 Is m° Ig 81 22 Is 233 Ig 11� 51 71 l i 1 °os5 _ °� 71 I' l i I 11 I' l i 91 •�1 30 '�� X00 ,o° • 1 '022,0 soI xaar ' Door 2sl° ;ao 250 911 $1 21a kw 9 k 9 k 43 B w y 1 woP.r p 1 .RPor ¢w ,00.00 �os.00 9 1 woP.r p 1 .RPor R 9 1 •PPor p 1 uaor R 1 1 s_ .01 I� 0500 ,moo 0500 ,moo 0500 ,o°oo �I Oi05a.r 46 I1 91 «wP°.r gli uasor°° 1 k 11 `=1 z0a 20a Sao a 20a 5.00 �� I I II� •oa I s I� •oa s I� - 31 a44 ° „16 �TI ' ° I' IJ °s °m 11 NTI I' IJ-" "TI I' amr 1p� 91 •2a6a o� °1 o �00 ,p5 os �o k a Inl� �i 1 I� kl_ .ms I ° 1 In1� k1'I •aaar° 1 6 In1� 41° 6 yh �I Y9 9eI" Wig &I � �I 81 12 1 € ,mPr ,aaP,1 ,mPr ,aaP,1 ,m «PPr 1 s mor° g •aoa °m Al y 1 ml.t 'on 010 ,6°u'0 ,°°.°° ,Os.m I IJ IE m.1 mor �� a 1 � 1]0 na ,B Oo � ifs U NI 2 P'�°AS 1 , N 2 P° AI _ 33 � .fir I 1 1 �� 1 gl ,mOr 1� _ .m..1 dlIBo �9ao 6 - 8 II Rms° I s" waso.ra I& 9 I woP.r .mor 1 m'I 8 II ROa6 a 1 s" waor 1&� �11 Raara I s" ae o �I K 151 . .mPr �11 .RP1,1 34� is°° 011 a � 1 ,OoSo /�I °� I� e Ii .ter 1 s •mPr �'1 s d 1 ,po5o /�1 °� 1� d l ,°050 /�1 �� I�g 1 §1 oma ®I m0orp „ n g i t P oma 1 a°gyp a 1 aa5� ®I 10�pp a _ ° 11$ II l li II li II l li a p n1 91 14a Ilap 4 1 Ig YI °f SII IC 91 a Ilap Ig .91 14a Ilap Ig c� k„ '91 .RPPr —W 6” 11' 'y 1 1 .m.r o .ePPr Ilk„s„� 1 1 .mPr .PPPr Ilk„s„s d a6° •1z1 -ol z �I �u�� �°�00 129,1 n•es �EBDrive -FW zF` 31 �I `°a m.on _mco_ Jam- moo- Jam -mom Janp_ moo- Amo_ m.oa _aim- y 2,IOw- J. 5 ROw ID, " Rte° 9 10 11 ROS ROS n R09 n 200° 15 J6L " lE]n POE _ Rl. IDl. ROJe EOa° ROl ROB. TaBYa 8 j8 I J Re md,, fl Lot 2I.Set, 250 101'_______ _ n R',v11—d Sub iuls,o0 unR 1 cs 1 F R'verbend Subdivis'os unR 2' Plat Ol �I Vol.88 P s.901-902 Ma 5® (Own r Patricia 1 Walla ustree 12 Vol.69,Pgs.292-294.Map I 9 Records of Nueces County,i xa, r® Records of Nueces County,i 20 0 409,O.P.R.N.C�.) y Vista Subdivision s Remo,oder°i Lot 22.Sed,°n 25 Rancho ista J ubdivision 27 � 2s 25 1 1 24 23 e2 21 20 a 19 16 — Unit 20RU.D. �1 r 2 r imeoa: 11 11� — —— — —— —— a T v - •s!a ap ism bo bel 18.28 A—o/Lond out o/Lo[s 21 and 28,Section 25, 1 " " 1o°.re. _ �9 untury__ccrx"6 d flour 'oe and fJ_e farm and Garden Trocts,o mo of which 2a Kllbmw Drive orded in V lame A,Poges 41-43,M p Records at Nueces Revises:}/8/2021 a s!a irm iron 680 County, Texas and being a portion o!an 18.28 Acre Trac[o/ Suemitted:122/20 vncNP oRCc ����� SCA E. I"=60 tury Dm6 ccrx set 9a w .w a J ea Izo Land as desoibed r2 0 9pmipl W my Deed with Uenabrs Lim Gam Gullwa Shppg Curter to Brasel[pn D—lo mmt JOB T:5 41934.00.03 Y PP 9 P ENGINEERING SHEEP:5 of 9 a `°"'P'0 Compony,Ltd, fftwe'm Documml No. 2020039533, Officio/ DRnwry BV:x0 vnaa��iEHix ccrx�rs.t P�-6a�i� Public Records o/Nueces Count Texos. � o2axo t, ure.e 1 Y Y 9 n9 IOur[w FNI Folly Drive 26 25 24 23 22 21 20 19 18 17 16 1. 15 14 13 12 11 10 9 8 I 6 5 Amending Plat o _ Rancho Vista Subdivision Unit, prds of s Ca as ,Pg.11 ecpr s ces ounty P xos one o s a u ,—I.n ,1 " 11,6I,Pgs. ---- Ree Nuece unty,Tex p F tl of Nue C re —TFf72 g — ___ E F " F � w0� 1 24 81 Ooo _ " 81 21 arR , 8 2468a '�1 n5n n� II II f E 1 1 ,00son e �nznnp 21 r z] z] ,00son �nznnp r 1 ,00son .nz np (' 9 •oou' 29 s. R ,w2Mn , ,poo mnn o g on 1 a ma2.r w3an a °I d1 zRn 11s ]m 116 �I Ik d1 zRn 11s ]m 116 d1 220 $ 3.no 1k e1 .81 , ,aa 6 e1 "II 81 , ,aa 6 e1 •�1 , w 6 i k •4r 30 ,Raw 210 —24 nn ,war 5100 ios.ao Y ,war I' waor 1 1 25100 s.ao 1 ,2110 ios.ao k� 3 9 iok 9 1k X43 n B 9 1 wooer p 1 .Boor 1 ,nn.nn �nsno 1 1 y 1 wooer p 1 .Boor IF �nenn ,moo 1 �nen0 ,moo �nen0 ,mnn �I r 46 J 91 w2oo°er $li wasornn ROn sno Q zan sno Rao' io5s.no I� sl I�- �I 11 s, - .a2 19 orn "k T11 , e I_ IP .n osm I1 1 TI I' IP TI I' wwr IT 91 •w6a n 61 n8n NIS 9ef 11� waafn I� kl:l 19n 61 Bn INI� kl�l 19n 61 n6n INI� A I^ k nsnn o A I^ 41n B wooer waor y� S wooer waor y� waor waor y{ R Innf 8 a g i 1 k 1 ­0 4a® I� ,z grn k lii 1 lii d�1 v 4orn 6 1 y wfi m i'on I.o �a°on n.nn ns.m I IJ o E li S E d F lin ,Rwr ,oast I]o fin $ I� U N I 2 RHA � N 33 g � .fir I I I w� I I� 61 II s II E a1 s,f all0� 1 11 d1 1 J9 9 II �6nn I s waorn I B 91 � o wast I B Se a l war I s o s�.o & 1� I �}eo II �I I RI Ig "11 1 I �I 1 10 RI Ig �I I I� w RI Ig� d1 lar .11 34 o.noon ,wase 18 w1aow X116 d1 ,nno / 1 1� 1 ,nnn o 'sa 00 Isn osa 00 a ,awn Q 111 'nn ,moo 9 o ns no mnn 'no ,mnn $4 11 r 14 �Fws�wn— no1f.8 �.R1uo�4ar,nnf 0n�n I1I k fI fAIIIliI n. —e,o —a—nonI I f fy 111 �.R1o�4aar �guz4°a"rnn $1II w4ll8 � 36IR aia12 $k f d� I .wIzw�rff -=RI1 — - - BDrive ✓/ rn —e — — — nese 2 w3wl w0 5 ROw M, R65e 9 1° Ras It Ras n R09 F R1.aee IS e Jea l I5 n POE _ 2le w2le ROJe 8 22a°e" ROl 8 IS Be 8 ROB7e 8 j8 '„ 15 ,e i,e ® � 5 M= wOwf , f , el , I ,ROSeI ,f5r , of , of , el , I ,Bahl 5 I .tF , of IN7.f , I� , I� , I� , !� , f� , f� w s f.s u c 52842'28 12DS.D3 Ren,oinde.of Lot 2I.Sectia,25 _______ inns ________ --Su --__ --- �a Master Site Plan of �I Riyemend subdiyi.�on unix e R�y bend b i0i ion unit, (Owner:Patricia H.Wallace i ustree�2) Vol.69,Pgs,292-294.Map Vol.68,Pgs,901-902,Map Records of Nuece.Count, e ' 5`e Inc Roo (poc.No.20 p 409,O.P.R.N.C3) Records Nueces Cou n,y,iexa� y/ . • MGR r�a Remn nde.of Lnt 22.Becton 2 Rancho Vista Subdivision \ 26 6 9 6 —1i 5ie lee ami Unit 20,R U.D. — —— - —— h a vPumR .s 1 w� 2n..re. e1 _ e w.c rvoll.im wam...wmxa - being 18.26 Anes of Land out o/Lats 21 and 2d Sect-25, vReor umR Car.-s<1 flour Bluff and Eneind form and Gorden Tracts a map of which I 28 Kllbrew Drive 'JT is recorded in Volume A,Pages 41-4J,M p RecoNs of Nueces Revised 3/8/20 21 �Plannea Uni[Dertlapmmt Bounwry u County, Texas and being o portion a7 an 78.26 Abe Tiact of Submitted:122/20 ae sae so Bo III 60 in Land as described is o Specid N ronty Beed with V dor's Lien SCALE: I"=60 Pm em s�a..ew, JOB NO.:41934.00.03 from 6Nfwa Sh m Cenler [o Brose/ton DeW men[ Os P° Y aPP 9 aP ENGINEERING SHEET:8 of 9 ,aaaa a _ Company,Ltd.,recorded in Oacument Na.20200J95J.� 0/ficid DRAWN Bl':xG O sm.e r 5a`nle d>aa d Public RecnNueces ds a/ County,Texas. � 0202 5r u Eayia..a5 1e�d>o Fred'.Folly Drive 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 117 9 8 7 6 5 Amending Plat o _ P—h,V-Subdivision Unit 1 emr s ces ounty P xos one o is° u ivision ni N N 6I,Pgs. ---- Ree Nuece unty,Teti 0, F tl of Nue C 1e 2 4J _ 24 8 I 1 24 2 2 2] 1 R 2] 111 R 2] R 23 2 29 ��_ s �5�� II RR I I 3 II III 22 3 22 3 22 3 30 44 21 ' 4 21 4 w T 21 4 21 4 4 4] w f7 - 5 20 5 46 20 5 N'" 20 5 20 5 31 42 II II a IIN a NII IIII N II11 fi 9 - 6 NI~ y4+ I� IIlyll pI 1y11 ,14JN 19 6 y ISI 19 6 19 6 41 s So"T' 'VY IIN may{ IIN may{ a 7 ci 18 718 7 o 18 IIN o o - a 17 6 e Ili II o I i� III S I I I I NE� N UNI 1J 2 PIAS 1� 1 1J 8 N11 2 PIA o � - 11 - 39 9 - o IB 9 II s° s I1 I IB 9 m IB 9 r 9 IB I � II I II 36 I 1a II _ 15 I 10 1 I 4 E° IIIII - III --12 N�IIIIIII"N SV� IIII15 3 I - -11I01 �.II1I I1I I15 3 II --1I0� 8 37 I 14 II 1 1 1411 14 31 ]e 14 I�Ia13 1213 12 I ' 1111IS111I '11II�1I 12]1 I1I -4 p reF are. 11 8—Drive 4 __ 14 ] 5 8 ) B m 9 510 II 12 1] 14 15 I6 � 25 24 LU R2 21 20rre 19 18 17 IB 15/ ® ®� Remom-°t Lot 27,Secti°"25 - 5 ------- — 1 -- -t 2 Rern oT Nueca6 Cou�t UtilityLayout of �I Fmeroe"d suda�"isa"a"it 2 roe"d n a 1---I --- V i....n. (Owner:Patricia 0 Wallace,ustree,) J Vol.69,Pgs 292-294.Map 1 Vol.68.Pgs.9 - Map (Doc.N 20 0 409,O.P.R.N.C3) Records o!Nueces County,iexa� ® rds y,texas = �Pn M Mi[Oertlapmnt BeunEary emo"era o ec a" 23 \ 26 25 24 23 22 21 20 19 16 F d t t 22 2 t 25 Rancho Vista Subdivision PrcpmW 9tarm 9 ver as Unit 20,R U.D. °v 11 II II 4I I4 I� 4I I4 a r1 F'= W PrcPo'�veter u"e o f Blued in Volum s 4Ocro M Tracts, a m of Nueces -SEs- nl In being 18.26 Anes of Land out o/Lots 21 and 2d Section 2 1 -- --- ---- --- -------- --- �� flour Bluff and Encina/form and Gorden TiactS a ma of whic}1 28 Kllbmw Drive 0 P."—Bmt i d is— a A,Page P Revised:3/8/2021 —County, Texas and being o portion of an 78.26 Abe Tract of Submitted:12/2/20 ® PrcpmM 9ta,19e er Naa„,9a a URBAN Gond w described in a Specid W ronty Deed with U dor's Lien SCn�E: 1”=60 ® .uaanm, Pik hom LL/hvo Shopping Center [a @rose/ton BeW en[ JOB NO.:41934.00.03 " Pik Y oppin9 oprn n SHEET:7 of 9 P° ENGINEERING ¢ PrcaasW Frc lyarc"� Company,Ltd.,recorded in Document Na.2@20@J96J.� 0/ficid DRAWN Bl':xG Public Becnds a/Nueces County,Texas. � oz6xo tran n9nfing Fred'.F.IIy Drive - ..(r_en•u�....P _ ,,.Q-in•m. P I-4.4114m —1-mi p5�12.fiaf5 Oa-]6.2CF9 2fi 25 24 23 22 21 ���-=21S OI fS 19 Om=�6�JCF5 IJ IB 15 14 13 12 11 10 9 8 J 6 5 Amending Plat o _ P—h.Vista Subdivision Unit 1 °rds°! ecor s ces ou my P vos n. "I "I 6I,P9s. ---- Ree Nuece unty,Tex 65 0, F tl of Nue C 1e - ---- ------n"---------"------ ------ -----'----------------------------------`-`---- G-- - n G G-r - -f 47 " ry 24 I T N 1 24 " 2 2- 28 46 -- 1 72 4 1 4 1 R 23 ' R 23 e.c R 23 R 2] R 29 R 45 s ire III 5eS 3 I® 22 3 I I 22 3 ' yes ee 22 3 yes gee III 22 3 yes 30 21 4 21 q ' 21 4 21 q 43 7 5 N I ' 20 5 I I I 46 20 5 20 5 RO 5 31 42 1 a II II "II II N N II II N II1 fi �I _ m INN ryQp$1I`` N 6 a 6 y 41 ] 7 NI } N w ci 18 ) 18 7 18 42 4 C o 45 17 6 RE II II a, lig SII S I � rE -„ P- I7 I7 6 $ I UNIT 2 PIAS 1 NIT 2 PIA 39 - 9 II II I I II II I I E , B 9 s° s I IB 9 9 I i� II I II ]6 - a - E 34 15 I 10 �I ° � � Is 10 Is 10 Is 10 - a $ _ ]] 11 14 II 14 1114 11 14 II 4 35 ]e II 2.s'12. 12 13 12 ¢11$11¢ 5 re 5 I 13 12 s r s. 13 12 13 12 s'Fr2. ----cr. ------ o�s�nona -----_ �na— _ Bees.DrW. ee ea u.E.mF. s rue. o rue. I rer o _______ _ -- ___ 2 3 4 5 8 7 B u9 s10 II 12 13 14 15 16 25 24 23 22 21 20vre 19 18 17 Ie 15 ----- --- -- --- su[. ° (o°e zoo om4a9,o.P.R.N.c,.� •St01'R31"1C110�VISt3.SUIVISI01] 'I____z Recaoraex°rtl Nue�ee county.zs�°� reza -s� aeCOi e,��r�����01z ___ Pem°rnaer°r L°1 27.seer°n 2s a pan un�1 1 it 2 902.MaP (owner Poatricia Wallace i ustree W2) Vol.69,Pgs 292-294, rds County,i s N \ 19 18 �Px,aaa [a e�pm wt 6eunaary Re n nae n Lot 22, ec n 2 Unit 20,P.U.D. _ N a T S t 5 J C w w ® Pmpmea siet imat J J flwr Bluff and Eneind form and acts,a map N ash I I� q25,1 " a��.re� 11 �I I� m L u PmP=aae swim s—r—r- 1zois recorded et ro�in os i 4ein oaga lion a7 an aia Ret Acre Dact a/ r -se.e.- I- - I- 2 0 T c -no no no-PmpoaW Storm 9eaer L'ne - 4�.. _- --- ---- --- -------- --_ - ® 2a .a-<ea'::"r'...m.��. Kllbtew Drive o a �the Irt�+Y Revised:3/8/2021 90 so W Orcira9e Flan a Y• 9 Paq^.5.F ■� � SChLE[[Id;-fi022/20 Lord as desoibad in a Spatia W ronty Deed with V dor's Lien r0"" Y pxicfl0myq�pppPgl JOB NO.:41934.00.03 ham CL/Ioy Snapping Center tot Br2020n De Officid e61Y010®BIWN.YfM601PE ENGINEERING SHEEf:6ar9 Company,Ltd.,recorded in Oacumen[Na.2020DJ953.� 0/Ticid IXI&A19l�tm/mq ,® DRAWN 6v:xG Public Be—as a/Nueces County,Texas. DRAWN B n Engineering a ,E r 2.0- zo.a•e-e �.D' a 25 NSee Nlw I 55.o wSIOLWPL( I � I I I wau, I o 0 I r.B.111-Crive.DSO%r as La e.Rmxer Lane. snaea.wee.Lana Rem Rae,lane aaa w n r en(xa near ar e.ee.e Dme� �2Da1R ow. DDrIR. r 8.0' R 28.0'B-B L0' o S.00UleiE5.0'E.E BUR,DMe .O.W. 50.0'R.O.W. I Street SC Ct101S I Rancho Vista Subdivision Unit 20,R U.D. soEwux soEwux being 1B.26 Acres of Lond out of Lals 21-d 28,Section 25 Fleur Blff and Encina)F and Cmden Traclq o map of which 8.116-Drtm(swmea.t or Breeee as..) is recorded b Vbh—A,Pages 41-93,Atop Records of Nueces Counlx Texos and being o portion of on 1826 Acre Tract of Londas d—bed in o Special Warranty Deed with Uenda%s L- f— 60.,Zy Shopping Center to Broseltan Development Company,Ltd,recorded in Document Na 20200395-j Offi.1 Public Records of Nueces County,Texos. Revi 3/8/2021 URBAN Submit'ted:122/20 I" SCALE: =10 JOB NO.:41934.00.03 ENGINEERING SHEEP:a of 9 DRAWN ev:xc 02020 by n En9�neefing UIOuNonen.c FINAL PLANNING COMMISSION REPORT Case No. 0121-01 INFOR No. PlanninC Commission Hearin Date: March 3, 2021 Owner: Braselton Development Company, Ltd. Applicant: Urban Engineering �a o Location Address: 7601 Yorktown Boulevard u Legal Description: Described as an 18.26 Acre tract, out of lots 21 and 28, aN Section 25 Flour Bluff and Encinal Farm and Gardens Tracts, a map which is Q °� o recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, located off of Breese Drive, east of Fred's Folly Drive, south of Yorktown Boulevard, and north of Stampede Drive. From: "RS-4.5" Single-Family 4.5 District and "FR" Farm Rural District To: "RS-4.5/PUD" Single-Family 4.5 District and a Planned Unit s Development Overlay a� Area: 18.26 Acres S Purpose of Request: The developer is proposing a development consisting of E N 146 single-family residential lots. Existing Zoning District Existing Future Land Use Land Use "RS-4.5" Single-Family 4.5 Medium Density Site District and Agriculture "FR" Farm Rural District Residential a� N ° Medium Density 'o ? North "FR" Farm Rural District Vacant Residential a)_ "RS-4.5" Single-Family 4.5 Low Density Medium Density J South District Residential Residential LU East "RS-4.5" Single-Family 4.5 Vacant Medium Density District Residential West "RS-4.5" Single-Family 4.5 Low Density Medium Density District Residential Residential Area Development Plan: The subject property is located within the boundaries 06 of the Southside Area Development Plan and is planned for a Medium Density a Residential use. The proposed rezoning to the "RS-4.5/PUD" Single-Family 4.5 M ° District with a Planned Unit Development is consistent with the adopted Future Land Use Map. Q > Map No.: 042029 and 041029 City Council District: 5 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has access from Stampede Drive and Breese Drive. The major thoroughfares in the area are o Stampede and Fred's Folly, which are "Cl" Minor Residential Collector Streets. According to the Urban Transportation Plan, "Cl" Minor Residential Collector = Streets, have a capacity of 1 ,000 to 3,000 average daily trips. The subject ca property has a potential Connectivity Ratio of 1 .35. Urban Proposed Existing Traffic Street Transportation Section Section Volume 0 Plan Type 0� Stampede "Cl" Minor 60' ROW 60' ROW Drive Collector 40' paved 36' paved No Data L U) Fred's Folly "Cl" Minor 60' ROW 60' ROW No Data Collector 40' paved 36' paved Staff Summary: Development Plan: The subject property is 18.26 acres in size. The proposed use is a development consisting of 146 single-family residential units. The development will be constructed in two phases, with 75 lots in the first phase and 71 lots in the second phase. This development will be a part of the existing Rancho Vista Subdivision. The following table compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "RS-4.5" Single-Family 4.5 District and notes all requested deviations from the UDC by the applicant. "RS-4.5" Minimum Dimensions District Proposed PUD Deviation Standards Maximum Density (Units / _ _ No Gross Acre Minimum Site Area Acre - - No Minimum Site Width - - No Minimum Lot Area 4,500 sf. 3,900 sf. Yes Minimum Lot Width 45 ft. 40 ft. Yes Minimum Street Yard 20 ft. 20 ft. No Minimum Street Yard 10 ft. 10 ft. No Corner Back -to-Back Minimum Street Yard 20 ft. 20 ft. No Corner Back -to-Face Minimum Side Yard Single 5 ft. 5 ft. No Minimum Side Yard Total 10 ft. 10 ft. No Minimum Rear Yard 5 ft. 5 ft. No Minimum Open Space 30% 30% No Maximum Height 35 ft. 35 ft. No Paved Street Width 28 ft. 28 ft. No Right-of-way (ROW) Width 50 ft. 35 ft. Yes Staff Report Page 3 Parking Requirement 2 spaces per 2 spaces per unit No unit Sidewalks 4 ft. on both 4 ft. on one side of Yes sides specific streets Existing Land Uses & Zoning: The subject property is currently zoned "RS-4.5" Single- Family 4.5 District and "FR" Farm Rural District. The subject property consists of a vacant property and has remained undeveloped since annexation in 1995. To the north is a vacant property zoned "FR" Farm Rural District. To the south is a proposed extension of the Rancho Vista Subdivision consisting of proposed single-family homes recently rezoned to "RS-4.5" Single-Family 4.5 District. To the east are single-family homes and vacant properties zoned "RS-4.5" Single Family 4.5 District. To the west is a portion of the Rancho Vista Subdivision consisting of single-family homes zoned "RS-4.5" Single Family 4.5 District. 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 and will need to be platted as part of the Planned Unit Development (PUD) rezoning process. Utilities: Water: 8-inch C900 line to the south on Breese Drive. Wastewater: 8-inch PVC line to the south on Breese Drive. Gas: 2-inch and 4-inch PE gas line located along the southern and western property lines. Storm Water: 42-inch line along Breese Drive to the south. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for a Medium Density Residential use. The proposed rezoning to the "RS-4.5/PUD" Single-Family 4.5 District and Planned Unit Development Overlay is consistent with the adopted Southside Area Development Plan. The following policies of the Comprehensive Plan (Plan CC) should be considered: • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: Staff Report Page 4 • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) and the Southside Area Development Plan, • The proposed Planned Unit Development (PUD) is requesting a reduction in lot sizes below the "RS-4.5" District standard and is in the range of 4,000 to 4,200 square feet in lot area. Additionally, the applicant is requesting a reduced right-of- way width of 35-feet. The typical street standard for a local/residential street is a 50 foot wide right-of-way with a 28 foot wide paved street surface. • As part of the rezoning process, all PUDs are reviewed by the Technical Review Committee (TRC). Concerns were raised by members of the TRC in the following areas. • Traffic management, fire protection, and the serviceability of the lots by public service vehicles. ■ Consistently the membership of the TRC has voiced concerns on multiple plats concerning the narrowing of right-of-way and the effect on traffic management. ■ To address concerns, the applicant has provided alleyway access to allow public services vehicles to have complete access to all lots and avoid the need for reversing. Planning Commission and Staff Recommendation (March 17, 2021): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 District and the "FR" Farm Rural District to the "RS-4.5/PUD" Single-Family 4.5 District with a Planned Unit Develo ment. Number of Notices Mailed — 93 within 200-foot notification area 3 outside notification area As of March 12, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) C. Planned Unit Development (PUD) Guidelines and Master Site Plan Staff Report Page 5 f25-6 RS-4.5 �ak. 93 roRkTo 84 83 N 35 SC 82 26 1� CN-1 21 86 F R20 34 Ll Ro 19 33 14 .. R -4�R I81 85 73 22 58 68 — }3 T8 51 86 2567T2 2 — 3T 47 Sf1BJECF 7T 0 ub 4T 92$ 46 7PROPER TY — 48 L 64 43 24 55 h. 90 0 70 K }6f .637 T7 �► s] .79 65 IDE 18 40 2T R S-4.5 39 87 49 36 59 75 88 76 T — 61 – 37 60 38 29 74 89 '2'8 2# 44 23 V7r,./ 69 71 gpH45\ `70 awe creamed:1023'2020 6 50 566 Prepared 6x ReyR \ Feet A Deyerhnent off DcW.P--t Services CASE: 4721-41 ZONING & NOTICE AREA 'vim RM-1 Multifamily) IL L ig ht In dus tri,l RM-2 Multifamily2 IH Heavy l n d u stria) 5U8JET CeYn pet�e RM-3 Multifam i ly3 PUD Plan ne d U n it Dev.Overlay ON Prolessiorral Office RS-Hg Single-Family 19 OPERT RM-AT Multitam ily AT RSL Single-Family5 CN-1 Neighborhood Commercial RS-4.5 Single-Family4.5 CN-2 Neighborhood Commercial RS-TF Two-Family o A aR CR-1 Resort Commercial RS-IS Single-F—ily 15 ®®gy CR-2 Resort Comore mial RE Reside olio)Estate d`'d[kj hp CGI Ge neva l Commerc'al IRSH Townhouse 'prsCAris'i y CG2 General C—.coral SP special P.—it mop CI Intens'we Commercial RV Recreational Vehicle Park A CBD Downtown Comme vial --�--� CR-5 Resort Commercial RMH ManWactu red Home FR Farm Rural H H'ntoric Overlay RP Business Park a y� T � ❑S-4-1d properly y � xiN 2[l0'GrNer OinlOwersawn ® ` City of 1°a e o X� g LOCATION MRP cC ti Job No. 41934.00.03 Rancho Vista Subdivision Unit 20, P. U . D. Corpus Christi, Texas Owner/Developer Braselton Development Company, Ltd. Submitted by Urban Engineering Revised: March 8, 2021 URBAN ENc. .: N TBPE Firm#145 TBPLS Firm#10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 page 1 of 9 Job No. 41934.00.03 Rancho Vista Subdivision Unit 20, P. U . D. Corpus Christi, Texas Development Description: The developer is proposing affordable housing being placed within Rancho Vista, a 300 acre master planned community consisting of 147 single-family residential lots. The development will be constructed in two phases with 76 lots in the first phase and 71 lots in the second phase. This development will be a part of the existing Rancho Vista Subdivision and will complement other existing and proposed developments in the area. Location Map: County of Nueces ` Eckner N City of Corpu Christi 0 V v 0 Yorktown Boulevard p a o Bar T Dr. L E O U L � Fn O ? D ti Lon Nela eea Dunn's P In or V. ger. Dr.=' p e� ° kn C`� P'i et�reC o Brown D o O Hl h Gu s 0 ' e��'o m Stampede�D . m p a C e�GAO° a\ate E a ° 0 o � ,et -° E PPv�� c�`� v S tVE gyp\ S Idle3 HouD Hector P Ga ciaBr san o a Wa v E o F ,ay Ad er Drive M nk \° � s page 2 of 9 Job No. 41934.00.03 Development Standards per City of Corpus Christi Unified Development Code Minimum Lot Area—4,500sf Minimum Lot Width—45' Minimum Street Yard—20' Minimum Street Yard (Corner)—10' when back to back lots Minimum Side Yard—5' Minimum Side Yard (Total)—10' Minimum Rear Yard—5' Minimum building separation—10' Minimum Open Space—30% Maximum Height—35' Required Parking: - 2 per unit Curb Type—6" Curb and Gutter Sidewalks—4' on each side Paved Street Width—28' PUD Requirements/Development Guidelines Minimum Lot Area—3900sf(Variance) Minimum Lot Width -40' for all lots except Lot 14, Block 46 (Variance) Lot 46 has 25+/-of frontage Minimum Street Yard—20' Minimum Street Yard (Corner)—10' when back to back lots Minimum Side Yard—5' Minimum Side Yard (Total)—10' Minimum Rear Yard—5 Minimum building separation—10' Minimum Open Space—30% Maximum Height—35' Required Parking: - 2 per unit Curb Type—6" Curb and Gutter Sidewalks-4', 5 and 6' on one side of street (Variance) Paved Street Width—20' (Variance) page 3 of 9 Cou'%of 11,16— Location Map: N.T.S. City of orious Christi I. Total platted or,, Contains 18.26 Acres of Lord. (1,,I.d,, Street DeZ.tmn) 2. The-M'q—ter far the t——ter runoff fr—thi P"P"ty I't u 0..C—IK.The TCEQ has not 11111ifild the aquatic if,use far the C::k,but it is r.cogr,z an r-or—n .d as tally—.iti�or... Th.0 r Cr k flose directly into the Oso Bay.The TCED has class red the aquatic life us, far the 01, Bay 11 '—ptillll' old ",yt,r --," old c .teg.rized the r-eimrg—ter as"contact recr-ti.n"use. 3, Gnal Bearings and Distance. h—n her—are rf..r-al to the Ts.a. Coordinate Sy—, of 198, T...South Z...42135,and or,b...d .Site the North Arr.ric.n Datum of 1963(2011)Epoch 2010.00. 4. By graphic platting-�this property I,I, Zone"B"-Flood Insurance Rate Map,C.—rity Ford No. 485494 0540 C,Cit at Corp..Christi, T.-d.,�hi.h bear.an ff.cti� at.of March 18, 19B5 and is not in Special Flood Hazard Area. 5. Th. Yard r.quir...nt, a. depicted is . r.q.ir...nt of the Uri md State of D.wi.p..rt Cod.and is subject to change as the zoning by ch a rigs. .Te... County f N... Thi, III-plot 11 In.herein de—ib al property pp.d by the Oep--t of—prn-t Se_..or the city or Corp..Christi.Te.... This the—————day of———————————————--20————— Plat of 8,it F.T--------—----------—---- . ErKir.r Rancho Vista Subdivision State f I... Unit 20 P.U.D. County of N... Th.final plot of the Ins—described property.. pp—ed-behalf of the City of Corp..Christi, being 12129 Acres a I Lord aut d L.1,21 and 29,Section 2-� Te...by the Pl.rnrg C—mi—i— Ra,Bluff and fr6­1 F—and C—den T..Is,.—p of hich ,�—Z in V,,,—A,Pidges 41-4J,Map Record,of N—es This ths—————day of———————————————--20————— Caudly, 7—ond beog I pIrti.I/an 1826 Acre 7—t of Lord a,ass"bed'd�Special W—anty Deed%,,th Vd.,s L- f— &Z'shy shopping Certer to B—eltan Dekebpirmt - ——————— ——————————— Contpony,Ltd.,—.,&d)a Docmert N. 2D20039533, Official C--n ,t,lc�—ds fft-es County,T..s state of T... C,unty of Nu— I K.r.S-d.,Clerk of the C.-ty Court i�and far id Ca.rt�do hereby—tify that the foreg.irg M:Ibru ert dated the---day or— ------20—,�ftlh its-rtift—.1--timtion as fiNd Zr rs-rd in rby ffics the----dby at------—20----At----Ocl al,---—N.,and duly--d the—day at-----—,20----at----O'd— I,—County in 'al_ P.g-------—Map Record.. W-18 ly hold old seal of the County Court,I,and far old Cburt�at office in Corp..Christi. the day-al�.,last N -————————————— --------- 'e S te of T... State at T... N.-s.Court,I... C.unty f N—s —nty f Nu—s at———————a clock 8—elt-De pm-t Cannp-�Ltd., Te...lirnited partnership,hereby—Uns. A-1 AN BANK,hereby—Uns.that it holds li- the property..red by -—————— t. .at I s thn—,of the land.embraced�itlhin the bourd.r.s.of the foreg.Mg --Ct-De—pm�t C.p-n Ltd.. Te...linuted P"M=ip,"'thh."P.';..e plot: that it has had old I-al. T:dfar,.d—.bdiVd al as h..r; that street. amg..rg-'p and it Pon.-..1 the—d.-ion and ded far .h— are deafic ted, to the public that...emert.as — are and c—erati—therein e.p ed. d so i-ted to the P blic ss for the psr.ti.n rd use of public tilitis.; .rd that this map— ads far the p.rp—of ds—pli- rd dedi-lim. This ths---day at————————————————20————— stote of T�... Cb rty of N.ecs. .1.the___d,or————————————————20————— 1.Jarn-D.Carr,.R�gis—d P,&—i—Lord Sur—far Urban�gin—g,h—prsp—d By.AkERICAN BANK f—g-irg­fr—.—y.—an-grou al unds,my dirsob- d is—and--ct to B�B"'st"D'—prhent Canrp,,�LIA.,,T—I!—partnership best or y k,,el,dg,. --ti,n and belief;I In—b...eng,K,K! rder...t—t to set all Lot and Black conn— ,—.1 1,111in and to complete such a,,rati...—due and--bl.diliWoe By. -rt Mth sound pIlf—il"I praltill. By B—It-M.-gennent C,mp.n�-LC,it.gen—partner --——————————— Me th-—————day of—————————————————20————— state at Te... Co-ty of N.ece. This irstrurn—...--ledgsal before me by PHIUIP d.RITLEY.,as Seri.r Lending S be of T�... Off—of AkERICANI BANK,an behaff of..id bark. —————————————— County of N—s. d—e.D. ,R.—S. Ts—Licer-No.-8 This i1st,11111,—11k1,eI,dg,d1 before by Fred B It,,. P Went k,"g—rt Campar� general partner of B—Itan D—p— C,rrpar�Ltd..,T...lift-parin...hip, ,b—If at said entity I, old a,P-ty. This the---day at————————————————20————— U111MAN,R,,i,,d 3,I/M21 This the---day at————————————————20————— ————————————I.--- S—itted:12/2/20 N.-y P.Ibik,in nd I the S7t.­te—.­f—T-e—.a`.--- S9LE None 1 101 NO.:41934CO.03 ——— ENGINEERING SHEET:4 of 9 DRAWN BY XG is by U-, r.U_,,u_ _ F.d's Folly W- 26 25 24 23 22 21 20 19 18 iJ 16 1. 15 14 13 12 11 10 9 8 I 6 5 Amending Plat o _ Rancbo Vista Subdivision Unit 1 ords of s Ca as ,P9-11 ecor s Ces ounty P x°s onC o s a u ,vision n, " 11,6I,P93. ---- Ree Nuece unty,Tex 0 F tl of Nue C 1e .u.. .° .__ °. s. ---26-- -- of d zm -2.- 47 rr .v j _p ____ - E r __ f --F o1 24 81 o0o N N 1 ; 01 R 85 J n R 8 1 8 f 4aaaf° 1k al 050 °� II II 72«1 Q osoo a z° r oso° z° (' oso° z 8 •°Zaa'0°' d POO,00 •UOROefO° g 2e s. 1 zaa k 1 ,mRo,r° 1 g , r I'- & ,a'a k 1 ,mRar° l g 1 2a,r° °° ®„° °� gas as ,moa 1R,,, SII Ds. m II” j1 as as ,moa 1R,,,,,,yl gas as ,o0 as z 41,1a I& IIz° .3t II a1 01 a I �I 21 Is m° Ig �I 1 �I 1 Ik 1 81 X20 Is m° Ig 81 22 Is 233 Ig 11� 51 71 l i 1 °os5 _ °� 71 I' l i I 11 I' l i 91 •�1 30 '�� X00 ,o° • 1 '022,0 soI xaar ' Door 2sl° ;ao 250 911 $1 21a kw 9 k 9 k 43 B w y 1 woP.r p 1 .RPor ¢w ,00.00 �os.00 9 1 woP.r p 1 .RPor R 9 1 •PPor p 1 uaor R 1 1 s_ .01 I� 0500 ,moo 0500 ,moo 0500 ,o°oo �I Oi05a.r 46 I1 91 «wP°.r gli uasor°° 1 k 11 `=1 z0a 20a Sao a 20a 5.00 �� I I II� •oa I s I� •oa s I� - 31 a44 ° „16 �TI ' ° I' IJ °s °m 11 NTI I' IJ-" "TI I' amr 1p� 91 •2a6a o� °1 o �00 ,p5 os �o k a Inl� �i 1 I� kl_ .ms I ° 1 In1� k1'I •aaar° 1 6 In1� 41° 6 yh �I Y9 9eI" Wig &I � �I 81 12 1 € ,mPr ,aaP,1 ,mPr ,aaP,1 ,m «PPr 1 s mor° g •aoa °m Al y 1 ml.t 'on 010 ,6°00 ,°°.°° ,Os.m I IJ IE m.1 mor �� a 1 � 1]0 na ,B Oo � ifs U NI 2 P'�°AS 1 , N 2 P° AI _ 33 � .fir I 1 1 �� 1 gl ,mOr 1� _ .m..1 dlIBo �9ao 6 - 8 II Rms° I s" waso.ra I& 9 I woP.r .mor 1 m'I 8 II ROa6 a 1 s" waor 1&� �11 Raara I s" ae o �I K 151 . .mPr �11 .RP1,1 34� is°° 011 a � 1 ,OoSo /�I °� I� e Ii .ter 1 s •mPr �'1 s d 1 ,po5o /�1 °� 1� d l ,°050 /�1 �� I�g 1 §1 oma ®I m0orp „ n g i t P oma 1 a°gyp a 1 aa5� ®I 10�pp a _ ° 11$ II l li II li II l li a p n1 91 14a Ilap 4 1 Ig YI °f SII IC 91 a Ilap Ig .91 14a Ilap Ig c� k„ '91 .RPPr —W 6” 11' 'y 1 1 .m.r o .ePPr Ilk„s„� 1 1 .mPr .PPPr Ilk„s„s d a6° •1z1 -ol z �I �u�� �°�00 129,1 n•es �EBDrive -FW zF` 31 �I `°a m.on _mco_ Jam- moo- Jam -mom Janp_ moo- Amo_ m.oa _aim- y 2,IOw- J. 5 ROw ID, " Rte° 9 10 11 ROS ROS n R09 n 200° 15 J6L " lE]n POE _ Rl. IDl. ROJe EOa° ROl ROB. TaBYa 8 j8 I J Re md,, fl Lot 2I.Set, 250 101'_______ _ n R',v11—d Sub iuls,o0 unR 1 cs 1 F R'verbend Subdivis'os unR 2' Plat Ol �I Vol.88 P s.901-902 Ma 5® (Own r Patricia 1 Walla ustree 12 Vol.69,Pgs.292-294.Map I 9 Records of Nueces County,i xa, r® Records of Nueces County,i 20 0 409,O.P.R.N.C�.) y Vista Subdivision s Remo,oder°i Lot 22.Sed,°n 25 Rancho ista J ubdivision 27 � 2s 25 1 1 24 23 e2 21 20 a 19 16 — Unit 20RU.D. �1 r 2 r imeoa: 11 11� — —— — —— —— a T v - •s!a ap ism bo bel 18.28 A—o/Lond out o/Lo[s 21 and 28,Section 25, 1 " " 1o°.re. _ �9 untury__ccrx"6 d flour 'oe and fJ_e farm and Garden Trocts,o mo of which 2a Kllbmw Drive orded in V lame A,Poges 41-43,M p Records at Nueces Revises:}/8/2021 a s!a irm iron 680 County, Texas and being a portion o!an 18.28 Acre Trac[o/ Suemitted:122/20 vncNP oRCc ����� SCA E. I"=60 tury Dm6 ccrx set 9a w .w a J ea Izo Land as desoibed r2 0 9pmipl W my Deed with Uenabrs Lim Gam Gullwa Shppg Curter to Brasel[pn D—lo mmt JOB T:5 41934.00.03 Y PP 9 P ENGINEERING SHEEP:5 of 9 a `°"'P'0 Compony,Ltd, fftwe'm Documml No. 2020039533, Officio/ DRnwry BV:x0 vnaa��iEHix ccrx�rs.t P�-6a�i� Public Records o/Nueces Count Texos. � o2axo t, ure.e 1 Y Y 9 n9 IOur[w FNI Folly Drive 26 25 24 23 22 21 20 19 18 17 16 1. 15 14 13 12 11 10 9 8 I 6 5 Amending Plat o _ Rancho Vista Subdivision Unit, prds of s Ca as ,Pg.11 ecpr s ces ounty P xos one o s a u ,—I.n ,1 " 11,6I,Pgs. ---- Ree Nuece unty,Tex p F tl of Nue C re —TFf72 g — ___ E F " F � w0� 1 24 81 Ooo _ " 81 21 arR , 8 2468a '�1 n5n n� II II f E 1 1 ,00son e �nznnp 21 r z] z] ,00son �nznnp r 1 ,00son .nz np (' 9 •oou' 29 s. R ,w2Mn , ,poo mnn o g on 1 a ma2.r w3an a °I d1 zRn 11s ]m 116 �I Ik d1 zRn 11s ]m 116 d1 220 $ 3.no 1k e1 .81 , ,aa 6 e1 "II 81 , ,aa 6 e1 •�1 , w 6 i k •4r 30 ,Raw 210 —24 nn ,war 5100 ios.ao Y ,war I' waor 1 1 25100 s.ao 1 ,2110 ios.ao k� 3 9 iok 9 1k X43 n B 9 1 wooer p 1 .Boor 1 ,nn.nn �nsno 1 1 y 1 wooer p 1 .Boor IF �nenn ,moo 1 �nen0 ,moo �nen0 ,mnn �I r 46 J 91 w2oo°er $li wasornn ROn sno Q zan sno Rao' io5s.no I� sl I�- �I 11 s, - .a2 19 orn "k T11 , e I_ IP .n osm I1 1 TI I' IP TI I' wwr IT 91 •w6a n 61 n8n NIS 9ef 11� waafn I� kl:l 19n 61 Bn INI� kl�l 19n 61 n6n INI� A I^ k nsnn o A I^ 41n B wooer waor y� S wooer waor y� waor waor y{ R Innf 8 a g i 1 k 1 ­0 4a® I� ,z grn k lii 1 lii d�1 v 4orn 6 1 y wfi m i'on I.o �a°on n.nn ns.m I IJ o E li S E d F lin ,Rwr ,oast I]o fin $ I� U N I 2 RHA � N 33 g � .fir I I I w� I I� 61 II s II E a1 s,f all0� 1 11 d1 1 J9 9 II �6nn I s waorn I B 91 � o wast I B Se a l war I s o s�.o & 1� I �}eo II �I I RI Ig "11 1 I �I 1 10 RI Ig �I I I� w RI Ig� d1 lar .11 34 o.noon ,wase 18 w1aow X116 d1 ,nno / 1 1� 1 ,nnn o 'sa 00 Isn osa 00 a ,awn Q 111 'nn ,moo 9 o ns no mnn 'no ,mnn $4 11 r 14 �Fws�wn— no1f.8 �.R1uo�4ar,nnf 0n�n I1I k fI fAIIIliI n. —e,o —a—nonI I f fy 111 �.R1o�4aar �guz4°a"rnn $1II w4ll8 � 36IR aia12 $k f d� I .wIzw�rff -=RI1 — - - BDrive ✓/ rn —e — — — nese 2 w3wl w0 5 ROw M, R65e 9 1° Ras It Ras n R09 F R1.aee IS e Jea l I5 n POE _ 2le w2le ROJe 8 22a°e" ROl 8 IS Be 8 ROB7e 8 j8 '„ 15 ,e i,e ® � 5 M= wOwf , f , el , I ,ROSeI ,f5r , of , of , el , I ,Bahl 5 I .tF , of IN7.f , I� , I� , I� , !� , f� , f� w s f.s u c 52842'28 12DS.D3 Ren,oinde.of Lot 2I.Sectia,25 _______ inns ________ --Su --__ --- �a Master Site Plan of �I Riyemend subdiyi.�on unix e R�y bend b i0i ion unit, (Owner:Patricia H.Wallace i ustree�2) Vol.69,Pgs,292-294.Map Vol.68,Pgs,901-902,Map Records of Nuece.Count, e ' 5`e Inc Roo (poc.No.20 p 409,O.P.R.N.C3) Records Nueces Cou n,y,iexa� y/ . • MGR r�a Remn nde.of Lnt 22.Becton 2 Rancho Vista Subdivision \ 26 6 9 6 —1i 5ie lee ami Unit 20,R U.D. — —— - —— h a vPumR .s 1 w� 2n..re. e1 _ e w.c rvoll.im wam...wmxa - being 18.26 Anes of Land out o/Lats 21 and 2d Sect-25, vReor umR Car.-s<1 flour Bluff and Eneind form and Gorden Tracts a map of which I 28 Kllbrew Drive 'JT is recorded in Volume A,Pages 41-4J,M p RecoNs of Nueces Revised 3/8/20 21 �Plannea Uni[Dertlapmmt Bounwry u County, Texas and being o portion a7 an 78.26 Abe Tiact of Submitted:122/20 ae sae so Bo III 60 in Land as described is o Specid N ronty Beed with V dor's Lien SCALE: I"=60 Pm em s�a..ew, JOB NO.:41934.00.03 from 6Nfwa Sh m Cenler [o Brose/ton DeW men[ Os P° Y aPP 9 aP ENGINEERING SHEET:8 of 9 ,aaaa a _ Company,Ltd.,recorded in Oacument Na.20200J95J.� 0/ficid DRAWN Bl':xG O sm.e r 5a`nle d>aa d Public RecnNueces ds a/ County,Texas. � 0202 5r u Eayia..a5 1e�d>o Fred'.Folly Drive 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 117 9 8 7 6 5 Amending Plat o _ P—h,V-Subdivision Unit 1 emr s ces ounty P xos one o is° u ivision ni N N 6I,Pgs. ---- Ree Nuece unty,Teti 0, F tl of Nue C 1e 2 4J _ 24 8 I 1 24 2 2 2] 1 R 2] 111 R 2] R 23 2 29 ��_ s �5�� II RR I I 3 II III 22 3 22 3 22 3 30 44 21 ' 4 21 4 w T 21 4 21 4 4 4] w f7 - 5 20 5 46 20 5 N'" 20 5 20 5 31 42 II II a IIN a NII IIII N II11 fi 9 - 6 NI~ y4+ I� IIlyll pI 1y11 ,14JN 19 6 y ISI 19 6 19 6 41 s So"T' 'VY IIN may{ IIN may{ a 7 ci 18 718 7 o 18 IIN o o - a 17 6 e Ili II o I i� III S I I I I NE� N UNI 1J 2 PIAS 1� 1 1J 8 N11 2 PIA o � - 11 - 39 9 - o IB 9 II s° s I1 I IB 9 m IB 9 r 9 IB I � II I II 36 I 1a II _ 15 I 10 1 I 4 E° IIIII - III --12 N�IIIIIII"N SV� IIII15 3 I - -11I01 �.II1I I1I I15 3 II --1I0� 8 37 I 14 II 1 1 1411 14 31 ]e 14 I�Ia13 1213 12 I ' 1111IS111I '11II�1I 12]1 I1I -4 p reF are. 11 8—Drive 4 __ 14 ] 5 8 ) B m 9 510 II 12 1] 14 15 I6 � 25 24 LU R2 21 20rre 19 18 17 IB 15/ ® ®� Remom-°t Lot 27,Secti°"25 - 5 ------- — 1 -- -t 2 Rern oT Nueca6 Cou�t UtilityLayout of �I Fmeroe"d suda�"isa"a"it 2 roe"d n a 1---I --- V i....n. (Owner:Patricia 0 Wallace,ustree,) J Vol.69,Pgs 292-294.Map 1 Vol.68.Pgs.9 - Map (Doc.N 20 0 409,O.P.R.N.C3) Records o!Nueces County,iexa� ® rds y,texas = �Pn M Mi[Oertlapmnt BeunEary emo"era o ec a" 23 \ 26 25 24 23 22 21 20 19 16 F d t t 22 2 t 25 Rancho Vista Subdivision PrcpmW 9tarm 9 ver as Unit 20,R U.D. °v 11 II II 4I I4 I� 4I I4 a r1 F'= W PrcPo'�veter u"e o f Blued in Volum s 4Ocro M Tracts, a m of Nueces -SEs- nl In being 18.26 Anes of Land out o/Lots 21 and 2d Section 2 1 -- --- ---- --- -------- --- �� flour Bluff and Encina/form and Gorden TiactS a ma of whic}1 28 Kllbmw Drive 0 P."—Bmt i d is— a A,Page P Revised:3/8/2021 —County, Texas and being o portion of an 78.26 Abe Tract of Submitted:12/2/20 ® PrcpmM 9ta,19e er Naa„,9a a URBAN Gond w described in a Specid W ronty Deed with U dor's Lien SCn�E: 1”=60 ® .uaanm, Pik hom LL/hvo Shopping Center [a @rose/ton BeW en[ JOB NO.:41934.00.03 " Pik Y oppin9 oprn n SHEET:7 of 9 P° ENGINEERING ¢ PrcaasW Frc lyarc"� Company,Ltd.,recorded in Document Na.2@20@J96J.� 0/ficid DRAWN Bl':xG Public Becnds a/Nueces County,Texas. � oz6xo tran n9nfing Fred'.F.IIy Drive - ..(r_en•u�....P _ ,,.Q-in•m. P I-4.4114m —1-mi p5�12.fiaf5 Oa-]6.2CF9 2fi 25 24 23 22 21 ���-=21S OI fS 19 Om=�6�JCF5 IJ IB 15 14 13 12 11 10 9 8 J 6 5 Amending Plat o _ P—h.Vista Subdivision Unit 1 °rds°! ecor s ces ou my P vos n. "I "I 6I,P9s. ---- Ree Nuece unty,Tex 65 0, F tl of Nue C 1e - ---- ------n"---------"------ ------ -----'----------------------------------`-`---- G-- - n G G-r - -f 47 " ry 24 I T N 1 24 " 2 2- 28 46 -- 1 72 4 1 4 1 R 23 ' R 23 e.c R 23 R 2] R 29 R 45 s ire III 5eS 3 I® 22 3 I I 22 3 ' yes ee 22 3 yes gee III 22 3 yes 30 21 4 21 q ' 21 4 21 q 43 7 5 N I ' 20 5 I I I 46 20 5 20 5 RO 5 31 42 1 a II II "II II N N II II N II1 fi �I _ m INN ryQp$1I`` N 6 a 6 y 41 ] 7 NI } N w ci 18 ) 18 7 18 42 4 C o 45 17 6 RE II II a, lig SII S I � rE -„ P- I7 I7 6 $ I UNIT 2 PIAS 1 NIT 2 PIA 39 - 9 II II I I II II I I E , B 9 s° s I IB 9 9 I i� II I II ]B - a - E 34 15 I 10 �I ° � � Is 10 Is 10 Is 10 - a $ _ ]] 11 14 II 14 1114 11 14 II 4 35 ]e II 2.s'12. 12 13 12 ¢11$11¢ 5 re 5 I 13 12 s r s. 13 12 13 12 s'Fr2. ----cr. ------ o�s�nona -----_ �na— _ Bees.DrW. ee ea u.E.mF. s rue. o rue. I rer o _______ _ -- ___ 2 3 4 5 8 7 B u9 s10 II 12 13 14 15 16 25 24 23 22 21 20vre 19 18 17 Ie 15 ----- --- -- --- su[. ° (o°e zoo om4a9,o.P.R.N.c,.� •St01'R31"1C110�VISt3.SUIVISI01] 'I____z Recaoraex°rtl Nue�ee county.zs�°� reza -s� aeCOi e,��r�����01z ___ Pem°rnaer°r L°1 27.seer°n 2s a pan un�1 1 it 2 902.MaP (owner Poatricia Wallace i ustree W2) Vol.69,Pgs 292-294, rds County,i s N \ 19 18 �Px,aaa [a e�pm wt 6eunaary Re n nae n Lot 22, ec n 2 Unit 20,P.U.D. _ N a T S t 5 J C w w ® Pmpmea siet imat J J flwr Bluff and Eneind form and acts,a map N ash I I� q25,1 " a��.re� 11 �I I� m L u PmP=aae swim s—r—r- 1zois recorded et ro�in os i 4ein oaga lion a7 an aia Ret Acre Dact a/ r -se.e.- I- - I- 2 0 T c -no no no-PmpoaW Storm 9eaer L'ne - 4�.. _- --- ---- --- -------- --_ - ® 2a .a-<ea'::"r'...m.��. Kllbtew Drive o a �the Irt�+Y Revised:3/8/2021 90 so W Orcira9e Flan a Y• 9 Paq^.5.F ■� � SChLE[[Id;-fi022/20 Lord as desoibad in a Spatia W ronty Deed with V dor's Lien r0"" Y pxicfl0myq�pppPgl JOB NO.:41934.00.03 ham CL/Ioy Snapping Center tot Br2020n De Officid e61Y010®BIWN.YfM601PE ENGINEERING SHEEf:6ar9 Company,Ltd.,recorded in Oacumen[Na.2020DJ953.� 0/Ticid IXI&A19l�tm/mq ,® DRAWN 6v:xG Public Be—as a/Nueces County,Texas. DRAWN B n Engineering a ,E r 2.0- zo.a•e-e �.D' a 25 NSee Nlw I 55.o wSIOLWPL( I � I I I wau, I o 0 I r.B.111-Crive.DSO%r as La e.Rmxer Lane. snaea.wee.Lana Rem Rae,lane aaa w n r en(xa near ar e.ee.e Dme� �2Da1R ow. DDrIR. r 8.0' R 28.0'B-B L0' o S.00UleiE5.0'E.E BUR,DMe .O.W. 50.0'R.O.W. I Street SC Ct101S I Rancho Vista Subdivision Unit 20,R U.D. soEwux soEwux being 1B.26 Acres of Lond out of Lals 21-d 28,Section 25 Fleur Blff and Encina)F and Cmden Traclq o map of which 8.116-Drtm(swmea.t or Breeee as..) is recorded b Vbh—A,Pages 41-93,Atop Records of Nueces Counlx Texos and being o portion of on 1826 Acre Tract of Londas d—bed in o Special Warranty Deed with Uenda%s L- f— 60.,Zy Shopping Center to Broseltan Development Company,Ltd,recorded in Document Na 20200395-j Offi.1 Public Records of Nueces County,Texos. Revi 3/8/2021 URBAN Submit'ted:122/20 I" SCALE: =10 JOB NO.:41934.00.03 ENGINEERING SHEEP:a of 9 DRAWN ev:xc 02020 by n En9�neefing UIOuNonen.c Zoning Case #0121 -01 Braselton Development Company, Ltd. Rezoning for a Property near 7601 Yorktown From "RS-4.5" and "FR" to "RS-4.5 PUD" M P' � OO V4 oOO=✓0®°ppAA as City Council May 18, 2021 Aerial Overview IR _ FR .� SUBJECT � ' PROPERTY S- 1 . A�pF s Adjacent Development and Zoning Pattern p5 us-a_s j `lyO ' v FR G�� g 0%N, 2020 U 1 e Malt r t *Iq)rn FR 5 o I uga5 e 3 Public Notification 93 Notices mailed inside 200' buffer 3 Notices mailed outside 200' buffer e 8 26 36 At L. CN- B !! 86 FR Notification Area 33 18 R -d OR 85 R5-6 22 68 58 66 56 13 kT<C J Opposed: 0 (0.00%) 31 30 47 Mz ° SeparatepOpposed Owners: 0 suBJEcr 6 � �� R s ' 8 PROPERTY11 i 4 IJ P4 5 `9 80 18 IT J8 8 6 3P y es- .s 4z / pRfiE- 66 DR In Favor: 0 "pFa�o J9 <.5 Rs-G 6 R @ 49 Notified property owner's land in square feet/Total square footage of all property in /,.�� ��� 23 6 the notification area = �� Percentage of public opposition 4 PUD Deviations "RS-4.5" District Minimum Dimensions Standards Proposed PUD Minimum Open Space30% 30% No Minimum Lot Width 45 ft. 40 ft. Yes Minimum Lot Area 4,500 square feet 3,900 square feet Yes Minimum Front Setback20 ft. 20 ft. No Minimum Street Corner 10 ft. 10 ft. No Minimum Side • 5 ft. 5 ft. No Minimum Rear • 5 ft. 5 ft. No Minimum Building Separation 10 ft. 10 ft. No Maximum Building Height 35 ft. 35 ft. No 5 ft. both sides 4 ft.on one side of Yes specific streets — ff T-FOYMN 50 ft. 35 ft. Yes Paved Street Width 28 ft. 28 ft. No • 6 in. curb&gutter 6 in. curb&gutter No Parking Requirement 2 spaces per unit 2 spaces per unit No PUD Concepts -------------------- r ------------------ ---------------r-------L,--,- -------------------- 77. 1 -711 L, T IL 11-.- LL 4-- 1 --- ----------- ----------- ---- ------- �l Iail 20,P I�R Ft7g- Planning Commission and Staff Recommendation Approval of the "RS-4 .5/PUD" Single-Family 4.5 District With a Planned Unit Development �RA „ . a, •, m r Ab'J k ' m r FR e h, r - U PC3PEJ�7r"1�' �, gym, Is, Opp u Y • t� a �e 500 CASE 0121-01 a� Aerial with Subject Property :¢ SUBJE F �yeae��a Sukect OPER Roperty �A �4Q,r City of Map Scale: ?:3,606LOCATI�Af N1AP � � C TUT Chest so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 05/18/21 1852 Second Reading Ordinance for the City Council Meeting 05/25/21 DATE: April 15, 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 the intersection of County Road 52 and Interstate 69 CAPTION: Zoning Case No. 0421-02, LD Calallen CCTX Hwy 77, LLC. (District 1) Ordinance zoning a property being annexed at or near the intersection of County Road 52 and Interstate 69 to the "CG-2 General Commercial District and "RM-2" Multifamily District. SUMMARY: The purpose of the rezoning request is for a commercial and multifamily development. BACKGROUND AND FINDINGS: The subject property is 16.174 acres in size and is currently "OCL" Outside of the City Limits of Corpus Christi and consists of vacant property and is in the process of being annexed. To the north are vacant properties recently zoned "CG-2" General Commercial District. To the south and west are vacant properties also located outside of the City Limits. To the east are various car dealerships zoned "CG-2" General Commercial District and a Manufactured Home Subdivision zoned "RMH" Manufactured Home District. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a Planned Development use. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. However, adequate buffering should be considered along the shared property line between the residential and commercial developments. New Proposed County Road 52 Lift Station Improvements are planned for this area. The new lift station will be able to serve around 256 Acres and will upgrade the capacity from 50 gallons per minute (gpm) to 705 gpm. This lift station is meant to handle an assortment of future uses including Low Density Residential, High Density Residential and Commercial development. Public Input Process Number of Notices Mailed 3 within 200-foot notification area 1 outside notification area As of March 26, 2021: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition Commission Recommendation Planning Commission recommended approval of the zoning to the "CG-2" General Commercial District and "RM-2" Multifamily District on March 17, 2021. ALTERNATIVES: 1. Denial of the zoning to the "CG-2" General Commercial District and "RM-2" Multifamily District FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstai ned: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0421-02, LD Calallen CCTX Hwy 77, LLC. (District 1). Ordinance zoning a property being annexed at or near the intersection of County Road 52 and Interstate 69 to the "CG-2 General Commercial District and "RM-2" Multifamily District 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 14.602 acre tract, out of Lot 9, Block 1 , Nueces River Irrigation Park, as recorded in Volume A, Page 54, of the Map Records of Nueces County, Texas, and being a portion of a 16.17 Acre Tract, described in a Special Warranty Deed from TXCT Realty, LLC, to LD Calallen CCTX Hwy 77, LLC, as recorded in Document No. 2020038038, Official Public Records of Nueces County, Texas as shown in Exhibit "K.- to the "RM-2" Multifamily District. Tract 2: Being a 1.572 acre tract, out of Lot 9, Block 1, Nueces River Irrigation Park, as recorded in Volume A, Page 54, of the Map Records of Nueces County, Texas, and being a portion of a 16.17 Acre Tract, described in a Special Warranty Deed from TXCT Realty, LLC, to LD Calallen CCTX Hwy 77, LLC, as recorded in Document No. 2020038038, Official Public Records of Nueces County, Texas as shown in Exhibit "B".- to B":to the "CG-2" General Commercial District. The subject property is located at or near the southwest corner of the intersection of County Road 52 and Interstate 69. Exhibit A and B, which are the Metes and Bounds of the subject properties attached to and incorporated in this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect 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 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 2 of 9 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 3 of 9 Exhibit A URBAN E N G I N E E F I N(_= Job No_:42879.Co_00 January 7,2021 14.602 Acre Annexation Tract STATE OF TEXAS COUNTY OF NUECES Fieldno#es for a 14.602 Acre,Annexation Tract.out of Lot 9, Block 1,Nueces River Irrigation Park. as recorded in Volume A. Page 54, of the Map Records of Nueces County.Texas, and being a portion of a 16.17 Acre Tract, described in a Special Warranty Deed fi•om TXCT Realty.LLC, to LD Calallen CCTX Hwy 77, LLC, as recorded in Document No. 2020038038, Official Public Records of Nueces County,Texas,said 14.602 Acre Tract being more fully described as follows: Beginning at a TXDOT Type II Momunent Found,on the West Right-0f--Way line of US Highway 77.the North line of a 12.00 Acre Tract described as Tract 1,in a Deed fiom The Commercial National Bank of Beeville to Steven R. Hook, as recorded in Volume 2117, Page 231, Deed Records of Nueces County. Texas. for the Southeast comer of the said 16.17 Acre Tract and this Tract: fi•om Whence a TXDOT Type II Monument Found.bears South 09°18'06"West,271.29 Feet: Thence,North 8453'48"West.with the common boundary line of the said 12.00 Acre Tract and the said 16.17 Acre Tract,975.74 Feet. to a Mag Nail with washer stamped`'URBAN ENGR CCTX" Found.being an inner ell comer of said 12.00 Acre Tract,for the Southwest corner of the said 16.17 Acre Tract and this Tract: Thence,North 0915'02"East,continuing with the said common boundary lune,726.52 Feet,to a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR C.C.TX"Found,on the South Right-of- Way line of County Road 52.for the Northwest comer of the said 16.17 Acre Tract and this Tract; Thence, South 84°46'07" East,with the common boundary lune of the said South Right-of-Way and the said 16.17 Acre Tract.775.73 Feet.to a corner of this Tract.fiom Whence,a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR C.C.T)C"Found,bears South 84'46'07"East,89.29 Feet; Thence,over and across the said 16.17 Acre Tract as follows: • South 0918'06"West,343.66 Feet: • South 80°41'54"East,200.00 Feet,to the common boundary line of the said West Right-of-Way line,and the said 16.17 Acre Tract,for a comer of this Tract.from Whence.a 518 Inch Iron Rod with red plastic cap stamped"URBAN ENGR C.C.TX"Found,for a Northeast comer of the said 16.17 Acre Tract.bears North 0918'06"East,300.03 Feet: S:1SunTyingW2879\COOOElAmexationZonn,g 42879COWE RM-2(Large).docx Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78444 FAX(361)854-6001 wmv_urbaneng.com TBPE Firm#145 a TBPLS Firm#10032400 Page 4 of 9 Thence. South 09'18'06"West_with the said conunon boundary lune, 366.49 Feet.to the Point of Beginning. containing 14.602 Acres(636,059 Sq.Ft.)of Land_more or less. Grid Bearurgs and Distances shown hereon are referenced to the Texas Coordinate System of 1983.Texas South Zone 4205,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description, including preamble. seal and sig3nahtre.. appears in its entirety, in its original form,surveyor assnuues no responsibility for its accuracy. 14.602 Acre Tract is located within the City linnits of Corpus Cluisti. Texas and a subdivision based on this sketch.'description may be in violation of the current City of Corpus Christi subdivision ordinance. AIso reference aceornpanving sketch of tract described herein. OF T URBAN ENGIlVEERING JAMES D 4VID CARR �••� 645 �-�.• � �� ''•�°`essknv'•'o`� James D-Carr,R-P-L-S- License No-6458 S_1Stineying1429791COOORID.n ticnZoniLgTN42879C000E RM-2 a p).docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78444 FAX(361)854-6001 rimy-rubaneng.com TBPE Firm#145•TBPLS Firm#10032400 Page 5 of 9 one h"1' pyn T _ �t1LttAA p,Aw, nya�ap hJ09 TMA `f 5'f72" 26.5 . f.l co In T .49 O ,F- jw nCL G7 �L7 m 309 4 1 81 rTi rn cdnse�,n,R,n.cr} �L �7—.H� T`1��•, 3� �C• rt Page 6 of 9 Exhibit B URBAN ENGINEERING Job No_:42879_CO.00 January 7,2021 1.572 Acre Annexation Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 1.572 Acre,Annexation Tract, out of Lot 9, Block 1,Nueces River Inigation Park, as recorded in Volume A. Page 54. of the Map Records of Nueces County, Texas, and being a portion of a 16.17 Acre Tract, described in a Special Warranty Deed from TXCT Realty, LLC, to LD Calallen CCTX Htvy 77, LLC, as recorded m Docunnent No. 2020038038, Official Public Records of Nueces County.. Texas, said 1.572 Acre Tract being more(ally described as follows: Commencing at a TXDOT Type H Mouiuueut Found. on the West Right-of-Way line of US Highway 77,the North lute of a 12.00 Acre Tract described as Tract 1, in a Deed from The Commercial National Batik of Beeville to Steven R. Hook, as recorded in Volume 2117, Page 231, Deed Records of Nueces County, Texas, for the Southeast corner of the said 16.17 Acre Tract, from Whence a TXDOT Type II Monument Found, bears South 09°18'06"West, 271.29 Feet Thence,North 0918'06"East,ivith the common boundary line of the said West Right-of-Way and the said 16.17 Acre Tract, 366.49 Feet,to the Point of Beginning and for a corner of this Tract, Thence, over and across the said 16.17 Acre Tract as follows: • North 80041'54"West.200.00 Feet; • North 09'18'06"East,343.66 Feet.to the common boundary line of the South Right-of- Way lune of County Road 52 and the said 16.17 Acre Tract:: • South 84°46'07" East, 89.29 Feet. to a 5?8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C. TX"Found.for a comer of the said 16.17 Acre Tract and this Tract, • South 80°42'51" East, 60.92 Feet. to a 5'8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C.TX"Found.for a comer of the said 16.17 Acre Tract and this Tract, • South 35°42'51" East, 70.71 Feet, to a 5'8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR C.C.TX"Found,on the said West Right-of-Way line,for a comer of the said 16.17 Acre Tract and this Tract: 5:'%Sumeyi4gW28791C044EIAmmematiomZomiug'FN42879C004E_CG-2(small).docx Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 wmv.iubanen2.com TRPF.Firm 9 145■TRPT.S Firm 4 10037400 Page 7 of 9 Thence, South 0918'06" West, With the said West Right-of-Way line and the said 16.17 Acre Tract, 300.03 Feet,to the Point of Beginning,containing 1.572 Acres(68,469 Sq. Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205,and are based on the North American Datunn of 1983(2011)Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form,surveyor assumes no responsibility for its accuracy. 1.572 Acre Tract is located within the City limits of Corpus Christi.Texas and a subdisision based an this sketch/description may be in violation of the current City of Corpus Christi subditi ision ordinance. Also reference accompanying sketch of tract described herein. i dF T ¢ n spa s+ URBAN ENGINEERING JAMES DAVID CARR '•� 6458 -k 1 James D_Carr,R_P_L_S. License No_6458 S_1SunTying3428791CDDDEVb��ationZonmg%FN42879C000E_CG-2(small).docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR-e CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www_urbaneng_com TBPE Fun#145 a TBPLS Fun 4 10032400 Page 8 of 9 O - �k5! x •.�f ro �x 71 Ct =a e LL m m 34,5.6 6 2� �o �.. i o4 � t�4 }If sn9•�8,��, �-� 011 Mo ro � ; � = 6 a @ t`� � 1 s di .{ . Q-- Q !fix— ❑ �• ~ — - LO Page 9 of 9 FINAL PLANNING COMMISSION REPORT Case No. 0421-02 INFOR No. Planning Commission Hearin Date: March 31, 2021 Owner: LD Calallen CCTX Hwy 77, LLC. C Applicant: Urban Engineering a Location Address: Intersection of County Road 52 and Interstate 69 Legal Description: Being 14.602 acre tract and a 1 .572 acre tract, out of Lot 9, Block 1 , Nueces River Irrigation Park, as recorded in Volume A, Page 54, of the a o Map Records of Nueces County, Texas, and being a portion of a 16.17 Acre QTract, described in a Special Warranty Deed from TXCT Realty, LLC, to LD a� J Calallen CCTX Hwy 77, LLC, as recorded in Document No. 2020038038, Official Public Records of Nueces County, Texas, located at the southwest corner of the intersection of Interstate 69 and County Road 52. From: "OCL" Outside City Limits To: "CG-2 General Commercial District and "RM-2" Multifamily District 'Es Area: 16.174 acres N Purpose of Request: The purpose of the request is for a commercial and multifamily development. Existing Zoning District Existing Future Land Use Land Use Site "OCL" Outside City Limits Vacant Planned Development "FR" Farm Rural District and Commercial and Commercial and North "CG-2" General Commercial Medium Density .o District Estate Residential Residential a�= South "OCL" Outside City Limits Vacant and Planned J Commercial Development T "CG-2" General Commercial Commercial and w East District and "RMH" Commercial and Medium Density Manufactured Home District Mobile Home Residential West "OCL" Outside City Limits Vacant and Planned Commercial Development Area Development Plan: The subject property is located within the boundaries 06 u, of the Northwest Area Development Plan and is planned for Planned o Development uses. The proposed rezoning to the "CG-2 General Commercial 2 'a District and "RM-2" Multifamily District is consistent with the adopted Future a o Land Use Map. Q City Council District: 1 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has approximately 850 feet of street frontage along County Road 52 which is designated as a "A2" o Secondary Arterial Street and approximately 660 feet of street frontage along Interstate 69 which is designated as a "F1" Freeway/Expressway. According to = the Urban Transportation Plan (UTP), "A2" Secondary Arterial Streets can ca convey a capacity of 20,000 to 32,000 average daily trips. Urban Proposed Existing Traffic Street Transportation Section Section Volume C; Plan Type County Road "A2" Secondary 100' ROW 83' ROW Not 52 Arterial 54' paved 40' paved Available Cn Interstate 69 "F1" Freeway/ 400' ROW 300' ROW Not Expressway Varies paved 120' paved Available Staff Summary: Development Plan: The subject property is 16.174 acres. The owner of the property is proposing a 13-building apartment community with a commercial tract at the Northeast corner of the property. The apartment entrance will be located on County Road 52. Requested zoning at annexation for the apartments is "RM-2" Multifamily District. Requested zoning at annexation for the commercial tract is "CG-2" General Commercial District. Existing Land Uses & Zoning: The subject property is currently "OCL" Outside of the City Limits of Corpus Christi and consists of vacant property and is in the process of being annexed. To the north are vacant properties recently zoned "CG-2" General Commercial District. To the south and west are vacant properties also located outside of the City Limits. To the east are various car dealerships zoned "CG-2" General Commercial District and a Manufactured Home Subdivision zoned "RMH" Manufactured Home District. AICUZ: The subject property not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: Serviced by the Nueces County Water Control District. Wastewater: 6-inch PVC line at County Road 52. Gas: 6-inch PVC line along Interstate 69. Storm Water: 18-inch line along County Road 52. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for Planned Development uses. The proposed rezoning to the "CG-2" General Commercial District and "RM-2" Multifamily District is consistent with the adopted Northwest Area Staff Report Page 3 Development Plan. The proposed rezoning is consistent with the following policies of the Comprehensive Plan (Plan CC). 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). • Support the separation of high-volume traffic from residential areas or other noise- sensitive land uses. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Land should be annexed so that all structures are constructed in accordance with building, plumbing, electrical, and other City codes, which are designed to ensure the public health, safety, and welfare. (Future Land Use, Zoning, and Urban Design Policy Statement 6). • Annexation should occur so that impacted areas may benefit from public health programs, zoning laws, police, and fire protection, and so that new developments may be planned and linked to the municipal water supplies, wastewater, and storm drainage systems. (Future Land Use, Zoning, and Urban Design Policy Statement 6). Department Comments: • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. However, adequate buffering should be considered along the shared property line between the residential and commercial developments. • New Proposed County Road 52 Lift Station Improvements are planned for this area. The new lift station will be able to serve around 256 Acres and will upgrade the capacity from 50 gallons per minute (gpm) to 705 gpm. This lift station is meant to handle an assortment of future uses including Low Density Residential, High Density Residential and Commercial development. Planning Commission and Staff Recommendation (March 17, 2021): Approval of the zoning to the "CG-2" General Commercial District and "RM-2" Multifamily District. Staff Report Page 4 Number of Notices Mailed — 3 within 200-foot notification area 1 outside notification area As of March 26, 2021: In Favor — 0 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 z Totaling 0.00% of the land within the 200-foot notification area* in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 5 FR RS-B CG-2 f� CG-2 W Q1 V � w � tV YD ? Ln +x CR sz U t fi r SUBJEC7� PROPER @ u CG-2 Fo w RM Mo los" � . 3 a w C G-2 c R � e•rr Oar Ga4nFd:9n V 1 Avpa-sy:WPR F2e; lxpw~rer DWOR(,rmors41Y1tss CASE: 0421-02 ZONING & NOTICE AREA i fti. fir,-f• '` ur-2 JECT urs ., rakrrwq F FMA PMnn- '\�_� ON haMw NnrONYa R42a WOWr4nYY 103 MAT Ar R4s M@Wfanq s Cr-t N.r Yamaatl CFnnarvYl rw4.4 sMOIF-Fwsr4.s rN-2 wep laamoatl COwnarwl Il4TF T..Saalq •.•^� + S__t__t,-- Cr.1 (Maar aanalarw[ A"6FMOM•'r—ll"S CA.3 rFsar CvnntlaPMr NE Famwrt..Eerr t11m1:3 Cr1�5�?; CO-t OwFr41 Caa1tawOlr RF.TX T'aw.Xr... r 00-2 OteanlCannnOMr N iOMMPFrwk f R` prMaFM CarrMw RV RatlMrM aa�wrptr Par• �- ~�`ti CBO Mwa3awF Cann4FWr MX m—f-1-9 ft— CA-9 raNr grratWr � FR Faralrtl:r41 �\ M MFrr4OWIr2 V \ OF WYAFF Pari ❑fa+3t`T'PW�'O /�°+va F tt ' tty uf 4° 4a �r° XF LOCATION MAP i Zoning Case #0421 -02 LD Calallen CCTX Hwy 77, LLC. Rezoning for a Property at intersection of CR 52 and 1-69 From "OCL" to "CG-2" and "RM-2" 0 J-?" SmbDod City Council �'' May 18, 2021 Aerial Overview . \\/.«. . z\ . \ 3\ It ,E@�\ � � � 2 Zoning Pattern Ing mg r r r \ COO 209 wafts Dila g20002 FR 20019 i 3 Public Notification FR 3 Notices mailed inside 200' buffer 1 Notices mailed outside 200' buffer _ w V 2 � Notification Area Opposed: 0 (0.00%) Separate Opposed Owners: 0 PRDDPERTV � rn e c MMC 705M In Favor: 0 (0.00 %) 3 Notified property owner's land in square feet /Total square footage of all property in the R 4 notification area Percentage of public opposition Planning Commission and Staff Recommendation Approval of the change of zoning a : FR I 6W _ W s 'g 0- h, �, " tt, r<- a e rw :L � F , Wy y.w „ 187JET Lw' l w^ f f1 .w �o . ..• p,.r 5 +, e e CASE:E 0421-02 Aerial with Subject Prop erty JECT ' � 5 �ER,t Su4ect y PMapert�r r� 4__ -_—_ Li ' yM1 { . µ LIN , r.NM..MtiM Map Scale: 1:4600 ti g1ty0f VO—C—A � . so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 05/18/21 1852 Second Reading Ordinance for the City Council Meeting 05/25/21 DATE: April 19, 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 16002 Park Road 22 CAPTION: Zoning Case No. 0321-03 Walter, Dewane and Torell PR 22.: (District 4) Ordinance rezoning property at or near 16002 Park Road 22 from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV/10" RV Resort District with the Island Overlay. SUMMARY: The proposed use will be a recreational vehicle park with accessory uses such as an office, recreation center, swimming pool and laundry facilities. BACKGROUND AND FINDINGS: The subject property is 47.679 acres in size. The subject property is currently zoned "RM-AT/10" Multifamily AT District with the Island Overlay, consists of vacant property, and has remained undeveloped since annexation in 2001. The proposed zoning would result in a change to the Future Land Use Map. Planning Commission and staff recommended approval of the"RV/10" RV Resort District with the Island Overlay which allows the proposed use along with the design standards as required by Article 6.4 "-10, Island Overlay," of the Unified development Code. Conformity to City Policy The subject property is located within the boundaries of the Padre/Mustang Island Area Development Plan and is planned for a Commercial Development. The proposed rezoning to the "RV" Recreational Vehicle Resort District is generally consistent with the adopted Comprehensive Plan (Plan CC). In reviewing rezoning, staff does consider any future land development requirements. Engineering observations concerning Sanitary Sewer availability and capacity have found possible impediments to development: 1. The only available sanitary sewer collector to be located approximately 820 feet north-west of the property. 2. Access to Sanitary Sewer infrastructure would require boring under the Texas Department of Transportation (TxDOT) Right-of-Way. The City of Corpus Christ Wastewater master plan includes a proposed 8-inch diameter Sanitary Sewer line running along the south side of Sea Pines Drive and the west side of SPID. 3. Construction of 750 to 800 feet of this proposed line would provide access to the subject property by way of the bore under the TxDOT SPID right of way. 4. A review by the Utilities Department during the platting process of the capacity of the water and sanitary sewer systems based on the current land use and the proposed development is recommended to verify that the proposed development can be accommodated by existing and proposed City infrastructure. Public Input Process Number of Notices Mailed 11 within 200-foot notification area 1 outside notification area As of April 19, 2021: In Favor In Opposition 1 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the Approval of the change of zoning from "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV 10" Recreational Vehicle Park District with the Island Overlay on March 17, 2021. ALTERNATIVES: 1. Denial of the change of zoning from "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV 10" Recreational Vehicle Park District with the Island Overlay. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the change of the zoning request. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0321-03, Walter, Dewane and Torell.: (District 4) Ordinance rezoning property at or near 16002 Park Road 22 from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV/10" RV Resort District with the Island Overlay 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 described as a 47.679 Acre Tract, being out of a 37.0 acre trat described in a deed recorded in a document no. 871959, official public records of Nueces County, Texas and all of an 18.07 Acre Tract Described in a deed recorded in document no. 840580, official public records of Nueces County, Texas. Said 47.679 Acre Tract also being out of the Jose Balli Abstract, as shown in Brister Surveying "Job No. 202486": from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV/10" RV Resort District with the Island Overlay. The subject property is located at or near 16002 Park Road 22. Brister Surveying "Job No. 202486", which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. 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 5. 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 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 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 3 of 4 Oz" 7i �4<°C7 CN d"'�700W how , z U IFLD" 6458'30"E 1 ' O �E r. 390.0(), N64'5811 11W ll'7- 0 0 2ffi-p uu '81 Eli -14 0*.�w i g -----------------------------570°00'00"E 2[,t08' W. N70'00'00"W 2000.32' aoo o WN LOT I Ca 0 JOSE MARIA C4 TOYAR SUBDIVISION VOL-2,PGS.82-83 M.R.K.C.T. PLANNING COMMISSION FINAL REPORT Case No. 0321-03 INFOR No. Planning Commission Hearin Date: March 17, 2021 Owner: Robert and Mariam Walters, Thomas Dewane, Jacqueline Torell Applicant: Robert and Mariam Walters, Thomas Dewane, Jacqueline Torell ° Location Address: 16002 South Padre Island Drive (PR-22) •� Legal Description: A property located near 16002 Park Road 22 and aN described as a 47.679 Acre Tract, being out of a 37.0 acre trat described in a — °' deed recorded in a document no. 871959, official public records of Nueces QCounty, Texas and all of an 18.07 Acre Tract Described in a deed recorded in m document no. 840580, official public records of Nueces County, Texas. Said 47.679 Acre Tract also being out of the Jose Balli Abstract, and located on east 06 side of Park Road 22, south of Whitecap Boulevard, and west of the Gulf of Mexico. From: "RM-AT/10" Multifamily AT District with the Island Overlay To: "RM-AT/10" Multifamily AT District with the Island Overlay 'Es Area: 47.679 Acres N Purpose of Request: to allow for the development of a Recreational Vehicle (RV) resort park. Existing Zoning District Existing Future Land Use Land Use "RM-AT/10" Multifamily AT Site District with the Island Commercial Commercial = Overlay ca "FR/10" Farm-Rural District Permanent Open 'E ? North with the Island Overlay Park Space N South "RM-AT" Multifamily AT Vacant Planned District Development N J "CR-2 10" Commercial LU East Resort with the Island Vacant Commercial Overlay "CR-2 10" Commercial West Resort with the Island Water Water Overlay Area Development Plan: The subject property is located within the boundaries 06 of the Padre/Mustang Island Area Development Plan and is planned for a a Planned Development. The proposed rezoning to the "RV" Recreational M ° Vehicle Resort District is consistent with the adopted Comprehensive Plan T (Plan CC). Q > Map No.: 029023 Council District: 4 Zoning Violations: None Staff Report Page 2 0 Transportation and Circulation: The subject property has approximately 0 1 ,180 feet of street frontage along Park Road 22 (South Padre Island Drive) which is designated as a "A2" Secondary Arterial. Park Road 22 is a state- maintained roadway. ca L Urban Proposed Existing Traffic *05 Street Transportation Plan � Type Section Section Volume Lp C Park Road "A2" Secondary 100' ROW 200' ROW 13,790 ADT 22 (SPID) Arterial 54' paved 80' paved (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV/10" Recreational Vehicle Park District with the Island Overlay to allow for the RV Park use. Development Plan: The subject property is a total of 47.679 acres in size. The proposed use is a commercial RV Resort consisting of 191 RV lots. Existing Land Uses & Zoning: The subject property is currently zoned "RM-AT/10" Multifamily AT District with the Island Overlay and consists of a horseback riding business and vacant property, the vacant property has remained undeveloped since annexation in 2001 . To the north is a Padre Balli Park, a 374 acre park run by Nueces County with about 50 RV pad sites that is zoned "FR/10" Farm Rural with the Island Overlay. To the south is vacant property that is zoned "RM-AT" Multifamily AT District. To the west across State Highway 361 is a vacant property zoned "CR-2/10" Commercial Resort-2 with the Island Overlay. To the east is the Gulf of Mexico zoned "RS-6" Single Family-6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 12-inch diameter ACP line located along Park Road 22 Wastewater: Not currently available to the subject property Gas: 4-inch diameter gas distribution main line located along Park Road 22 Storm Water: Not currently available to the subject property 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 Commercial uses. The proposed rezoning to the "RV" Recreational Vehicle Park District is consistent with the adopted Comprehensive Plan (Plan CC) and is consistent with the Future Land Use map. The following policies should be considered: Staff Report Page 3 • 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). • Support public investments—physical, environmental, functional, and social—to be built in areas to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. (Housing and Neighborhoods Policy Statement 8) 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. • Sanitary Sewer will be addressed at the time of platting as per UDC requirements. • Engineering observations concerning Sanitary Sewer availability and capacity have found possible impediments to development: 1 . The only available sanitary sewer collector to be located approximately 820 feet north-west of the property. 2. Access to Sanitary Sewer infrastructure would require boring under the Texas Department of Transportation (TxDOT) Right-of-Way. The City of Corpus Christ Wastewater master plan includes a proposed 8-inch diameter Sanitary Sewer line running along the south side of Sea Pines Drive and the west side of SPID. 3. Construction of 750 to 800 feet of this proposed line would provide access to the subject property by way of the bore under the TxDOT SPID right of way. 4. A review by the Utilities Department during the platting process of the capacity of the water and sanitary sewer systems based on the current land use and the proposed development is recommended to verify that the proposed development can be accommodated by existing and proposed City infrastructure. Planning Commission and Staff Recommendation (March 17, 2021): Approval of the change of zoning from "RM-AT/10" Multifamily AT District with the Island Overlay to the "RV 10" Recreational Vehicle Park District with the Island Overlay. Staff Report Page 4 Number of Notices Mailed — 11 within 200-foot notification area 1 outside notification area As of March 9, 2021: = In Favor — 1 inside notification area ° — 0 outside notification area ca In Opposition — 0 inside notification area ° z — 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area* in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 5 B v � yP7cy s s SUBJECT % �PRbPEFtTY ,y ' /i S-6 RAO-AT R - LAi ptu�s0:sn4i�r �i PIpPiRIO By:,iyw P oi0 .0-.'_V.. DFpa1ORMIafAWNf1pIMR¢sNYMFF CASE: 0321-03 ,# ZONING d NOTICE AREA tR1•t Lynt r lr"=F"d 11 w mdaln t� gAAg,1ECT a M4 r.drftl PRO Pvnnn unl one.o.•n� OR P•.t•itw�rl O�rG• RFta t"w.�-nr ti Rr di r.Rfnn�Ar RL4 - r F pl-Y wtF*ev roes[arrFrcrl R44 E :` -. 7 4.4 pE.p wptn.o na•v o•rr•rcu1 R4ri .: , Li!•i WtaA Can�.rW1 R41f 1F C11-t. bw,i Csrr•rcrl RE _.. - =sNY �kVA1W'F dTiS:T Sir Ca-i aw•r•1CorromW Ry.rX rv.+:. �, ca.s otv.nlcv4r..nr �'.,� Lb rNm H.CaFnwR.neW � Marc e::�-^V•Ner.aK I C!b datirnLenn brr•rcrl IA1X XML}•.Jnt Xpn. CR.v w.wrt w��.roX1 Ert Nam RR,M 0 '•� FJ R•Or.tu} F010 x, : LOCATION MAF 1 Zoning Case #0321 -03 Robert and Mariam Walters, Thomas Dewane, Jacqueline Torell Rezoning for a Property at 16138 and 16002 Park Road 22 From "RM-AT 10" To "RV 10" p R YY I * AOU ' City Council ( _ t May 18, 2021 Aerial Overview z s a� er SUBJECT ' z° PROPER�T P e k RF a �` 2 Adjacent Development and Zoning Pattern p c�a�ot IF Eno 20" 00 MAT 2012 MAT M- Public Notification 11 Notices mailed inside 200' buffer ]s 1 Notices mailed outside 200' buffer s y Notification Area y Pa - SUBJECT Opposed: 0 (0.00%) PROPERTY d In Favor: 1 (0.04%) - Notified property owner's land in square % feet/Total square footage of all property in the notification area= Perrentaae of nuhlir.nnnnsitinn Staff Recommendation Approval of the "RV/10" Recreational Vehicle Park District with the Island Overlay Corpus Christi RV Resort Exhibit �x 7 t, — „o, i P i WETLANDS SUMMARY - LEGEND D �xn�-.k�aaos "1 is UNIT SCHEDULE � x TY AE SI COUN - !RT!!INARY TOTAL M I \ I CORPUS CHRISTI RV RESORT • CONCEPTUAL PLAN A7 9 n ma�� t .. „ E ry� ,\ Ma ncenance faculty A y •••`•. vim^ ;� 0 f � ♦ o k f c. ¢ � W Hench Accts '�•.` £ WETILANDS SUMMARY LEGEND ` UNIT SCHEDUILE TY TOTAL 147 /• -o CORPUSRESORT 2Y fA. LN , i w� R5 .9 R" r ,00f vcbr_NP SiFai eS CASE. 0329-03 S4 wrxxt aa� Aerial with Subject Property SUBJECT4ec 13 raperdPy ah Su PRO PERT Cunks Crnso Ba y f Map Scale: 1:4,200CZiM u ! r;, so �o o� A PH v AGENDA MEMORANDUM WoRPORP�g4 Action Item for the City Council Meeting 5/18/2021 1852 DATE: April 14, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Acceptance of a grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department WebEOC Operations CAPTION: Ordinance authorizing the acceptance of a $15,000.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center operations; and appropriating $15,000.00 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant in the amount of $15,000 from the Coastal Bend Regional Advisory Council. This grant helps to fund the annual cost of operations for the WebEOC system. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department (CCFD) was recently awarded a grant of $15,000 from the Coastal Bend Regional Advisory Council (CBRAC). The CBRAC has awarded grant funding to the CCFD's Emergency Management Division for the last 15 years to fund the Web Emergency Operations Center (WebEOC) operations. Last year, the CCFD received $15,000 for this grant. The WebEOC system is a web-based crisis management system that is used to improve coordination and communication efforts while planning, responding to, or recovering from man- made or natural disasters. The WebEOC system allows the City to track residents that are transported by the City to emergency shelters in other cities. City departments also utilize the system to request resources from the State during an emergency event. All City departments store their emergency operation plans on the WebEOC system and enter their daily operations during a disaster event. CBRAC and the City of Corpus Christi Emergency Management Division currently have a five- year agreement to support the Trauma Service Area Region U Health and Medical Emergency preparedness and response efforts. The agreement also provides CBRAC and its member organizations with the necessary access to the regional WebEOC system. CBRAC is required to use the WebEOC system to fulfill certain aspects of its Hospital Preparedness contractual requirements. The contractual obligation is between CBRAC and the hospitals. The CCFD and Office of Emergency Management have a memorandum of agreement with CBRAC so they may use the WebEOC license to meet their contractual obligation with the hospitals. The City is the license holder for WebEOC and is responsible for administering the regional system and for providing access to CBRAC and its member Health Care facilities and organizations. CBRAC provides funding for the WebEOC operations. CBRAC typically awards the City $15,000 each year for the system. ALTERNATIVES: The alternative to accepting the grant is to find other funding for the WebEOC system which will leave the City financially responsible for the functions and maintenance of the system until other sources of funding are found. FINANCIAL IMPACT: Acceptance of grant funding in the amount of $15,000 and appropriating $15,000 to the Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 820554L CBRAC-WebEOC 20-21 Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $15,000.00 RECOMMENDATION: Staff recommends that City Council authorize the ordinance accepting and appropriating the CBRAC grant of$15,000 in order to continue WebEOC operations. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of a $15,000.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center(WebEOC) operations; and appropriating $15,000.00 into the Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept a $15,000.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department Web Emergency Operations Center (WebEOC) operations. SECTION 2: $15,000.00 from the Coastal Bend Regional Advisory Council is appropriated in the Fire Grant Fund No. 1062 to be used to support the Corpus Christi Fire Department Web Emergency Operations Center (WebEOC) operations. 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 so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting 5/18/2021 1852 DATE: April 15, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Acceptance of a grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department EMS Operations CAPTION: Ordinance authorizing the acceptance of an $11,137.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department's Emergency Medical Services operations; and appropriating $11,137.00 into the Ambulance Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant in the amount of $11,137 from the Coastal Bend Regional Advisory Council. This grant supports supplies and equipment purchases needed for the Corpus Christi Fire Department's Emergency Medical Services systems. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (CBRAC) has awarded the Corpus Christi Fire Department (CCFD) a grant in the amount of $11,137 to benefit the City's Emergency Medical Services (EMS) operations. The grant will reimburse the department for payments the department made to the EMS billing system for service. The City has received grant funding for EMS services from CBRAC for almost 15 years. Last year, the City received $2,047 for this grant. The funding is more this year because the state included the allocation for two years combined plus an allocation for the newly annexed area in San Patricio county. The funds are an annual allocation from the Texas Department of State Health Services that are distributed through the CBRAC. EMS agencies within the 12-county Coastal Bend region are eligible to receive funding if they are active participants in the Regional Advisory Council. The amount of funding each agency receives is based on the number of trauma emergencies the agency responds to on an annual basis. The CCFD responded to 11,559 trauma calls last year, which is more responses than the year before. ALTERNATIVES: The alternative is to reject the grant and utilize the General Fund for equipment purchased for EMS that the grant would have covered. FINANCIAL IMPACT: Acceptance of grant funding in the amount of $11,137 and appropriating $11,137 to the Ambulance Grants Fund. Funding Detail: Fund: 1056 Ambulance Grants Organization/Activity: 820587L CBRAC-EMS & Supplies `21 Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $11,137.00 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the CBRAC grant of$11,137 for EMS operations. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of an $11,137.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department EMS operations; and appropriating $11,137.00 into the Ambulance Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept an $11 ,137.00 grant from the Coastal Bend Regional Advisory Council for the Corpus Christi Fire Department EMS operations. SECTION 2: $11 ,137.00 from the Coastal Bend Regional Advisory Council is appropriated in the Ambulance Grant Fund No. 1056 to be used to support the Corpus Christi Fire Department EMS operations. 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 so �o o� A PH v AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting 5/18/2021 1852 DATE: May 18, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Acceptance of funds from the State of Texas Law Enforcement Officer Standards and Education Account CAPTION: Ordinance authorizing the acceptance of $838.42 from the State of Texas — Law Enforcement Officer Standards and Education account; and appropriating $838.42 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of an allocation of$838.42 from the Law Enforcement Officer Standards and Education account. The State of Texas provides an annual allocation for training and equipment for law enforcement officers. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department (CCFD) has received funding in the amount of$838.42 from the State of Texas Law Enforcement Officer Standards and Education (LEOSE) account. The funds are received from the State as directed by the Texas Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies. The funds allotted for the CCFD are used for training and equipping arson investigators who also are licensed peace officers, which qualifies them for this funding. The Fire Department has been receiving the funds since 2002. The department received $1,018.53 last year. ALTERNATIVES: The alternative is not to receive the funding and seek funding from other programs that support fire investigator functions, or to utilize the General Fund for any needs. FINANCIAL IMPACT: Acceptance of funds in the amount of$838.42 and appropriating $838.42 to the Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 826401 L LEOSE-Fire Dept Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 340000 Contributions & Donations Amount: $838.42.00 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the funds in the amount of$838.42. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance authorizing the acceptance of $838.42 from the State of Texas — Law Enforcement Officer Standards and Education account; and appropriating $838.42 into the Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1: The City Manager or designee is authorized to accept an $838.42 grant from the State of Texas — Law Enforcement Officer Standards and Education account. SECTION 2: $838.42 from the State of Texas — Law Enforcement Officer Standards and Education account is appropriated in the Ambulance Grant Fund No. 1062 to be used to support the Corpus Christi Fire Department EMS operations. 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 TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O.Box 13528 • Austin,TX 38711-3528 February 23, 2021 CORPUS CHRISTI FIRE DEPARTMENT 2406 LEOPARD ST STE 300 CORPUS CHRISTI TX 78408-3719 Vendor number: 17460005741-050 A direct deposit was made into your account from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 838.42. This payment" must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full -time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the LEOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies . The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding calendar year. An eligible law enforcement position is defined as one held by a person licensed under Chapter 1701, Occupations Code, who works as a peace officer, licensed jailer or telecommunicator on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. To receive your agency' s share of the LEOSE account in 2022, YOU mUst compl eta and return the enclosed Law Enforcement Officer Standards and Education Account 2022 Allocation Basis form to us no later than October 31, 2021. The information provided in this report must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us at 800-531-5441, ext. 3-4530, or 512-463-4530 if you have any questions or if we can be of assistance. Enclosures Form 40-305(Rev.1-1917) so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting May 18, 2021 Second Reading Ordinance for the City Council Meeting of May 25, 2021 DATE: May 18, 2021 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, P. E., Director of Engineering Services ieffreye(a)cctexas.com (361) 826-3851 Ordinance Declaring City Property as Surplus and Permitting its Sale to the Public CAPTION: Ordinance declaring four City owned vacant lots located at 429 Marguerite Street, 502 18th Street, 508 18th Street and 2034 Mary Street as surplus property, authorizing sale to the public, and authorizing execution of the deeds and any related documents necessary to complete the sale and conveyance of the properties. SUMMARY: This item declares four City owned vacant lots as surplus property for future sale. The City plans to sell the tracts located at 429 Marguerite Street, 502 18th Street, 508 18th Street and 2034 Mary Street to eliminate maintenance responsibilities and expenses as they have remained vacant for more than 15 years. No City departments have expressed interest in utilizing the properties for any current or future needs. The City has received notification of an interested party for the four vacant lots. BACKGROUND AND FINDINGS: The City currently owns four properties that have no current or future use for any City purpose. The City acquired the property at 429 Marguerite Street via a tax resale in 2004. The City acquired the property at 502 18th Street in 2003 and the properties at 508 18th Street and 2034 Mary Street in 2006. In July 2015, the City declared surplus and authorized the sale of the properties at 502 181h Street, 508 18th Street and 2034 Mary Street because the properties were not used as originally intended for the Garcia Arts Center Area Street Improvements project. The properties at 502 and 508 18th Street were subsequently sold in January 2019 to the Community Development Corporation of Brownsville but were deeded back to the City in May 2020 due to lack of development in compliance with a reversion clause. Due to the lack of use and no expressed interest by City departments for future use of these four lots, the City recommends declaring the properties as surplus for potential sale to the public. The sale of the properties would eliminate the annual maintenance responsibilities and expense of$500.00 per property for mowing and removing debris. The City has historically sold property by public sealed bid, which is permitted by the Texas Local Government Code, Section 272.001. This requires the City to advertise the sale twice in the local newspaper, wait 14 days, and then open the sealed bids. The Nueces County Appraisal District have the properties valued as listed below: Address Appraisal Value 429 Marguerite Street $4,500.00 50518 1h Street $21,441.00 508 18th Street $8,934.00 2034 Mary Street $3,450.00 Total $38,325.00 City staff recommends using these values as the starting minimum bid. ALTERNATIVES: The City could keep the properties for future use or exchange but will continue to be responsible for maintaining the properties that are vacant and provide no current benefit. FISCAL IMPACT: There is no fiscal impact with this item. If the properties are bid on and sold, the revenues will be appropriated to the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11020 General Government Mission Element: 888 Revenues Project # (CIP Only): n/a Account: 343400 Property Rentals RECOMMENDATION: Staff recommendation is to declare the properties as surplus for future sale as there are no current or future intended purposes of use. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Ordinance Ordinance declaring four City owned vacant lots located at 429 Marguerite Street, 502 18th Street, 508 18th Street and 2034 Mary Street as surplus property, authorizing sale to the public, and authorizing execution of the deeds and any related documents necessary to complete the sale and conveyance of the properties. Whereas, the City acquired the property at 429 Marguerite St for $1 ,220 via a tax resale in 2004. Whereas, the City Council has previously declared surplus and authorized the sale of nearby properties at 502 18th Street, 508 18th Street, and 2034 Mary Street; and Whereas, the properties at 502 & 508 18th Street were transferred and have reverted back to the City. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That the City owned property located at 429 Marguerite with a legal description of Jasmin Lot 27A is declared to be surplus property. SECTION 2. That the City owned property located at 502 18th Street with a legal description of Lot 2, Block 5, H.E. Luter Partition is declared to be surplus property. SECTION 3. That the City owned property located at 508 18th Street with a legal description of Lot 1 , being part of Tract No. 5, H.E. Luter Partition, also known as Lots 1 and 2 of Neylands Colonia Mexicana Addition is declared to be surplus property. SECTION 4. That the City owned property located at 2034 Mary Street with a legal description of Lots Eleven (11) and Twelve (12), Block Seven (7), of the H.E. LUTER PARTITION is declared to be surplus property. SECTION 5: That the City Manager or designee is authorized to sell the surplus properties to the public by sealed bid per Texas Local Government Code section 272.001 . SECTION 6: That the City Manager or designee is authorized to execute a deed and other related documents necessary to complete the sales and convey the properties. 1 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 2 LOCATION N SCALE: N.T.S. 181 VICINITY MAP NOT TO SCALE N U EC ES BAY SHIP CHANNEL CORPUS CHR ST B LEOPARD LOCATION QO AGNES CORPUS CHRISTI BAY 286 0 G PN o M O LOCATION MAP �Z Q NOT TO SCALE �` CITY COUNCIL EXHIBIT SURPLUS PROPERTY CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES SCALE: N.T.S. ol y ANTONIO E GARCIA PARK coo a: ,F w K MARGUERITE ST. �GVE UTE ST. P_ ` 502 18TH ST. 508 18TH ST. 2034 MARY ST. .r P ' r P AERIAL MAP NOT TO SCALE CITY COUNCIL EXHIBIT SURPLUS PROPERTY CITY OF CORPUS CHRISTI,TEXAS VONI DEPARTMENT OF ENGINEERING SERVICES so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting of May 18, 2021 1852 Second Reading Ordinance for the City Council of May 25, 2021 DATE: May 3, 2021 TO: Peter Zanoni, City Manager FROM: Sarah Munoz, Interim Director of Parks and Recreation Sarah M3(a)cctexas.com (361) 826-3042 Lease Agreement for North Bayfront Park Kiosk CAPTION: Ordinance authorizing a one-year lease beginning July 1 , 2021 with Yolanda Ibarra dba Mangonadas by MLB for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street, with monthly rent of $913.50, with options to extend for up to 2 additional two-year terms upon agreement of the parties. SUMMARY: Lease of the North Bayfront Park Kiosk to Yolanda Ibarra dba Mangonadas by MLB to enable lessee to utilize premises for the sale of fruit cups, smoothies, and other consumable products. The sale of alcohol is prohibited. The lessee shall not utilize premises for any other purposes without prior written approval. BACKGROUND AND FINDINGS: The North Bayfront Park was completed in early 2010 to include a kiosk that has open space available to rent. From April 2014 to August 2018, the City leased the North Bayfront Park Kiosk to the Corpus Christi Convention and Visitor's Bureau (CCCVB) for office space and retail sales. After this lease was terminated, the kiosk remained vacant with no potential prospects. The rent for the proposed Lease Agreement with Yolanda Ibarra dba Mangonadas by MLB was determined through collaboration with the City's Property and Land Acquisition manager. Available comps to the subject property suggest the price would range between $1 .00-$2.00 per square foot, per month. Due to City property not being subject to property taxes, the price was increased to a recommended $2.25 per square foot, per month. The property includes sub-meters for utilities. The tenant will be responsible for individual payments for each service. Mangonadas by MLB is a small business owned by Yolanda Ibarra and operated by her since July 2016. Her business has been operating out of a food truck and she has partnered with various festival organizers to sell goods. The Kiosk on Shoreline will provide her an opportunity to operate out of a store front location and provide a food and refreshment option to tourists and locals visiting Bay Fountain Park and the surrounding area. The business operating hours are Monday through Saturday from 11 :00 am to 9:00 pm. ALTERNATIVES: An alternative is to pursue a lease agreement with a different vendor. However, this would lead to the North Bayfront Park Kiosk remaining vacant. Additionally, this would result in less attractions for North Bayfront Park patrons. FISCAL IMPACT: Overall, $10,962 would be generated in revenue for a one-year term lease agreement. FUNDING DETAIL: Fund: 4710 Visitor's Facility Organization/Activity: 13710 Cultural Facility maintenance Mission Element: 141 Maintaining Park and Recreation Facilities Project # (CIP Only): N/A Account: 311510 Heritage Park maint contract RECOMMENDATION: Staff recommends approval of this ordinance authorizing a one-year lease beginning July 1 , 2021 with Yolanda Ibarra dba Mangonadas by MLB for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street, with monthly rent of $913.50, with options to extend for up to 2 additional two-year terms upon agreement of the parties. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Presentation Ordinance authorizing a one-year lease beginning July 1, 2021 with Yolanda Ibarra dba Mangonadas by MLB for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street, with monthly rent of $913.50, with options to extend for up to 2 additional two-year terms upon agreement of the parties Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or his designee is authorized to execute a one-year lease beginning July 1 , 2021 with Yolanda Ibarra dba Mangonadas by MLB for the North Bayfront Park Kiosk, located on North Shoreline Blvd, near the intersection with Resaca Street, with options to extend for up to 2 additional two-year terms upon agreement of the parties; with monthly rent of $913.50 for the initial one-year term, subject to escalating rent in the option years based on market conditions. 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 l LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND YOLANDA |BARRA DBA MANGONADAS BY MILB FOR THE BAY FOUNTAIN PARK KIOSK STATE OF TEXAS § G KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This lease agreement("Lease") is entered into by and between the City of Corpus Christi, o Texas home-rule municipal corporation ("Citv"), acting through its duly authorized City N1anager, or his designee ("City Manager"), and Yolanda |barra dbg K8onQnn8d39 by yWLB. WHEREAS, the City owns the Bay Fountain Park Kiosk located on North Shoreline Blvd. near the intersection with Raoaoa Strnot, Corpus Christi, Nue:eo County, Taxao, together with all Improvements thereon; ("Premises"); WHEREAS, Lessee has requested the use ofthe Premises for the purpose ofselling fresh fruit, smoothies, and other consumable products; WHEREAS. City desires to a||ovv Lessee to use the Pnannieeo for this purpose; and NOW, THEREFORE, Qb/ and Lessee, in consideration of the mutual promises and covenants contained herein, agree as fVUovve: Section 1' Definitions. (/A City means the City of Corpus Christi. Nue0eS County, TexaS, g home rule municipal corporation. (Q) City Manager means the City's City Manager or the City Manager's designee. (C) Council means the City's City Council. (D) Director means the City's Director of Parks and Renn88hOn or the Director ofPark and Recreation's designee. (E) Lease means this lease document, including all attached and incorporated exhibits. (F) Lessee rno8nS Yolanda |b8rrG dha W1angon8das by yWLB. (G) Parks means the City's Parks and Recreation Department. /H\ Premises means the Boy Fountain Park Kiosk building located on North Shoreline Blvd. near the intersection with Res8oa 8treet, in the City. (|) Risk Manager means the City's Risk Manager Ordesignee. Section 2. Purpose. The purpose of this L88Se. between Qty and Leesee, is to enable Lessee to utilize Premises to sell fruit cups, smoothies and other consumable products. Lessee shall not operate the Premises for any other purpose without Director's prior written approval. Alcohol sales are prohibited at the Premises. 2 Section 3.Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee on a one- year term beginning on July 1, 2021 . This Lease may be extended by up to two additional two-year option terms upon written agreement of the Lessee and the City Manager, unless sooner terminated as set out herein. Section 4. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES"AS IS"WITH ALL FAULTS AS MAY EXIST ON THE PREMISES, AND THAT NEITHER THE CITY, NOR ANY EMPLOYEE OR AGENT OF THE CITY, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE,ANY AND ALL WARRANTIES OF HABITABILITY,AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. C. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY THE CITY WITH RESPECT THERETO. LESSEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY THE CITY WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF D. THE PROVISIONS OF THIS Section 4 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Section 5 Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 6. Lease Payments. (A) For and in consideration of the rights and privileges herein granted, Lessee agrees to pay the City, on a monthly basis, rent in the amount of$913.50 per month for the initial one- year term. The City will evaluate lease payment amounts prior to exercise of an option year and City will adjust the monthly rent to account for market conditions. (B) All monthly rent payments are due and payable on or before the 10th day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the City Collections Department, P. O. Box 9277, Corpus Christi, TX 78469, or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX 78401. 3 (C) City will invoice Lessee monthly for water and waste water utility aemioo at regular commercial rates based nnaubn**tensinstalled bvthe City. City will also invoice Lessee monthly for electricity service based oneubnneteroinstalled bythe City. Lessee will pay the invoice within 1Ubusiness days from receipt ofinvoice. (D) Payments made after the duo date shall be assessed late payment fee of $10 per each date the payment has not been rnGde. up to 10 days. Failure to make payment in full within 10days ofdue date igconsidered onevent Ofdefault and may result intermination ofthis lease. Section 7' Hours of Operation. Lessee will be open to the public and operate the Premises, during its normal operating hours onoyear-round basis. Hours nfoperation may be adjusted, for scheduled seasonal activities and other special events scheduled by Parks, with the prior written approval of the Director. A schedule of normal operating hours will be proved by Loaaoe on a quarterly basis. Section 8. Parking. Lessee's designated parking space will belocated north ufthe kiosk. However, the City reserves the right to temporarily use the parking Space as needed for City-permitted special cmGnto or official City purposes. Section 9. Utilities. (A) It is understood by and between the parties that regular garbage collection service is not available to the Premises and that the provision and payment for this service shall be the responsibility of Lessee. Lessee shall remove trash from Premises daily. (B) Lessee shall not deposit, or cause to be deposited, any garbage and debris generated at the Pnanniaea into trash naoepton|e in public spaces along Shoreline Drive. Leasee shall remove trash from Premises daily. (C) The Premises is not currently wired for telephone service nor for internet service; however, Lessee may contract separately with a service provider of Lessee's choice for the provision of active telephone and internet service, which service is to be incurred at Lessee's sole expense. (D) The Premises is wired for electrical service. LGaoae shall be invoiced by the City for electricity services at the Premises. (E) VVGt8r and wastewater utility services are available at the PnRnniSeS. Lessee ah8|| be invoiced by the City for water and wastewater S8n/ioea at the Pnenniaaa. (F) Should Lessee require any modification to the provision of the enumerated utilities in this section or require any additional utility service not herein covered during the term of this Lease, Lessee shall submit a n3queSt, in vvriUng, to the Director for consideration and possible amendment ofthis Lease. (G) There is no security camera or security service provided by City at the Premises. Lessee assumes all risk of Ummm or damage to Lessee's equipment and property at the Premises. 4 Section 10. Abandonment, Interruption of Utilities, Removal of Lessee's Property, and Lockout Chapter 93ofthe Texas Property Code governs the rightsandob|i adonsOftheparties with regard to: (a) abandonment of the leased pnanniu*a; (b) interruption of utilities; (o) nern0va| ofLessee's personal property; and (d) lock out 0fLessee. Section 11. Maintenance. (A) The City will maintain the exterior of the Pnanniann and adjacent park groundo, including buildings and public parking lots inthe vicinity ofthe Premises, subject tosufficient annual budget appropriations. The City shall be responsible for major repairs tothe exterior of the Prerniaes. subject to sufficient annual budget appropri8tiOns, unless damage occasioned to the exterior is or was caused by Lessee's negligence. It is further understood and agreed that the City shall maintain the utility lines serving the Premises, subject tosufficient annual budget appropriations. (B) Lessee covenants and agrees to maintain the interior of the Premises during the term of this Lease, such maintenance to include, but not be limited to, interior painting (in a neutral color pnaoppn}ved by the 0nootoh and keeping in good repair the plumbing and light fixtures. /C\ Lessee Shg|| be responsible for cleaning the Premises and will supply paper goods and chemicals necessary for cleaning. /D\ During Lessee's normal business hours, City may enter the Premises for any reasonable purpuee, including but not limited to, repairs, nnainhenenne, alterations and showing the premises t0prospective tenants. City may access the Premises at any time for emergency repairs. /E\ In the event that the Premises are destroyed or rendered unusable due to 8 hurricane, natural disaster or other reasons not the fault of Lessee and cannot be promptly repaired, the occupancy by Lessee shall terminate as of such date and the Qty and Lessee either shall enter into an agreement to occupy other available space of the City for such purposes or this Lease shall terminate. Section 12. Furniture, Fixtures, and Equipment. (A) It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. (B) All capital improvements tothe PnsrniGeo. such as installation of plumbing fixtures remain the property ofthe City. (C) The Qty Sh8|| maintain the public restroomns associated with the Premises. Section 13. City Use and Special Events. (A) Qh/ retains the right to use Or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from inSta||\ng, nuointaining, repairing, or removing the uh|ih/ lines and easements. City 5 must use reasonable judgment in locating the utility lines and easements to minimize damage tothe Premises. (B) kaaone acknowledges that the Bay Fountain Park premises are used for special events which may occasionally interfere with Lessee's access to the Leased Premises and parking space availability. Lessee shall not be entitled tuany compensation, inwhatever forno, either tangible or inten0ib|e, for such non-Lessee use. Section 14. Laws Affecting Operation mfPremises and Performance. (A) Lessee shall ensure that its use of the Premises is in aononj8noe with all applicable Federa|. E8ete. and |OC8| |avva, ordinanoea, rules and regulations. (B) Lessee shall bear the expense and responsibility ofmeeting all requirements for acquiring all applicable licenses and permits. Lessee shall also bear the expense of meeting and complying with all health regulations and Certificate of Occupancy requirements. (C) Furthermore, Lessee shall ounnp|y with any other Federal, State and |000| |avvS' ordinances, rules and regulations applicable to Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (D) City Manager ordesignee has right to examine and audit at any time during regular business hours the accounts and other records ofthe Lessee. (E) Lessee agrees to provide annual or other reports upon request of City Director of Parks& Recreation ordesignee regarding operations ofthe Lessee. Section 15. Inspection. Any officer Or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether L8SS8e is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Pnanoiaao. Section 16. Capital Improvements. City may, from time totime, and in City's sole discretion, undertake capital improvements[0the Premises. Prior tocommencing any capital improvements, City shall notify Laeaen' in vvriUng. of the dates in which Lessee She|| be required to vacate the Premises, should the Director deem this necessary. Lessee agrees that the term Ofthis Lease shall not be prorated for the period in which Lewwma is restricted from entering the Premises for the purposes ofconstructing capital improvements. Lessee acknowledges and understands that City shall have nnobligation tn provide an alternate location for Lessee during any period that Lessee must vacate the Premises. Section 17' Relationship mfParties. This Lease establishes alandlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, representatives, ennp|oyeeo, emp|nyons, partners, jointventunera. or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents 0fthe other party for any purpose whatsoever. Section 18. Insurance. 6 (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Attachment constitutes grounds for termination of this Lease. (B) The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. (D) The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee shall receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. (E) Alcohol sales are prohibited at the Premises. (F) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 20(a), as contained herein. (G) The City carries the property and flood insurance on the building. Lessee is responsible for insuring their own contents. Section 19. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees(collectively,"Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with,either proximately orremotely,wholly orin part. (1)Lessee's performance pursuant to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault 7 of any other person or entity and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are ��� to arise, out of or in connection with the asserted wrrecovered inc/dent. Lessee covenants and agrees that, 0rCity/amade a party bmany litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt m+neasonab/emsboe regardingcommencement oflitigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City hmall actions based thereon with legal counsel satisfactory toCity, and pay all charges mfattorneys and all other costs and expenses ofany kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. Section 20. Alterations. (A) Lessee shall not make any alterations, additions, or improvements to, in, on, or about said PrenniSeS, without the prior written consent of the City Director Of Parks and Recreation. Lessee must also obtain clearance from the Risk Manager as required above. Lessee has requested and Director approves Lessee's installation of a new three compartmental sink at the Premises,with Lessee responsible for purchase and installation of the sink. All G|ter8h0nS approved by the Director must be made in compliance with applicable City C0d8s' regulations and ordinances. Lessee is responsible to obtain GU pn/rnitS required for any approved alterations in advance of beginning any work at the Premises. (B) The following are specifically prohibited: Lessee shall not nail into the vvoUa of the Premises; Lessee shall not remove any equipment, fixtures Or hardware from the Premises. (C) All approved alterations, innpn0venn8nƒS. and additions made by the Lessee upon said Premises, although at his own expense, shall, if not removed by Lessee at any termination Or C3nCSU8tinn hereof, become the property of the City in fee Sirnp|0 without any other action orprocess oflaw. Lessee agrees tVbecontractually and financially responsible for repairing any and all damage caused by Such removal. |fitems are installed in such G manner as to become fixtures, such fixtures shall not be removed by Lessee upon termination and shall become the property ofthe City. Section 21. Signs. (/\) Lessee shall not exhibit, inscriba, point, erect, oraffix any signs, advertisements, nOUCeS. Vrother lettering /"Sigms"\ at, on, orabout the Premises, Orany part thereof, without the Director's prior written approval. (B) City may require Lessee toremove, repaint, orrepair any Signs allowed. |fLessee does not remove, repaint, or repair the Signs within ten (10) days of Director's written demand, Qb/ may do or cause the work to be done. and Lessee will pay Qb/'o costs within thirty /30\ days Vfreceipt VfDirector's invoice. |fpayment io not timely made. the City may terminate this Lease upon ten (10) days written notice to Lessee. Alternatively, City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 22. Sublease and Assignment. Lessee understands and agrees that Lessee shall not sublease the Premises Orany part thereof without obtaining the prior written consent ofthe City 8 Manager. Lessee shall not, inwhole orinpart, assign orbenaferdireoUvnrindirectlyd1iSLeaSe unless prior written approval has been obtained from the City Manager. Section 23. Termination of Lease. (\) The following constitute Events of Default under this Lease: (i) default in the payment ofrent orother payments hereunder; (ii) failure to perform maintenance as required by this Lease; iii / \ abandonment of PnarnineS�' ` ' (iv) failure to maintain any insurance coverages required herein; (v) failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises; and (vi) failure to haop, perfVnn, and observe any other promimee, covenants and conditions contained in this Lease; and (vii) delinquency in utility payments. /ED Upon the occurrence of any Event ofDefault, the City may, at its option, in addition to any other remedy nrright given hereunder orbv |evv, give notice to Lessee and an opportunity to cure and that this Lease terminates upon the date specified in the notice unless such default is ouned, which date will be no earlier than thirty(30) days after the giving of such notice. (C) The City may terminate this Lmaae, with or without oouSe. at any time upon 90 days' written notice to Lessee. Section 24. No debts. Lessee shall not incur any debts or obligations on the Credit of the City during the term ofthis Lease. Section 25. Notice. (4) All n0dS8S, demands, requests or n8p|iao provided for Or permitted under this Lease by either party must be in writing and must be delivered by one nfthe following methods: (|) by personal delivery; or(ii) by deposit with the United States Postal Service as certified or registered nnoi|, return receipt requested, postage prepaid. /B\ Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United Gtotoo Postal Service. (C) All these communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Yolanda |bGnG dba K8anQOnaduo by MLB Parks and Recreation Department 4001 Brownvvood Circle P.O. Box 9277 Corpus ChrisJi, Texas 78408-9277 Corpus ChriSb, Texas 78410 At n: Director 0fParks and Recreation 9 (0) Either p@dx may change the address towhich notice is sent by using a method set out above. Lessee shall notify the City of an address change within ten (1[) days after the address iSchanged. Section 2GNondiscrimination. Lessee covenants and agrees that itshall not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at. on, or in the Premises, on the grounds of race, ne|igiVn, national origin, marital status, oex, age, disability, orinany manner prohibited bythe laws ofthe United States or the State ofTexas. The City hereby reserves the right tVtake such action onthe United States may direct t0enforce this covenant. Section 27- Modifications. No changes ormodifications tothis Lease may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persona authorized tosign agreements 0nbehalf 0feach party. Section 28. Waiver. A\\ The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed a waiver by said party ofany Vfits rights hereunder. Nowaiver nfany covenant orcondition orufthe breach of any covenant 0rcondition of this Lease by either party atany time, express orimplied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant orcondition hereof. If any action by the Leaomn requires the consent or approval of the City on one Vuuasion, any consent or approval given on said occasion shall not be deemed a consent or approval of the same or any other action at any other occasion. (B) Any waiver or indulgence of Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly understood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have shall not be considered a waiver on the part of the City, but City may at any time avail itself of said rights or remedies orelect to terminate this Lease on account of said default. Any waiver by the parties of a breach of any covenants, terms, obligations, or events of default ShG|| not be construed to be a waiver of any subsequent breooh, nor shall the failure tn require full compliance with this Lease be construed as changing the terms of this Lease orestopping the parties from enforcing the terms ofthis Lease. Section 39' Force Majeure. No party to this Lease shall be liable for delays or failures in performance due [O any cause beyond their control inu|uding, without limitation, any delays or failures in performance caused by strikes, lock outs' fires, aoiS of God or the public enenny, common carrier, novena inclement vv8ath*r, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. The Lessee shall inform the City inwriting Ofproof ofsuch force nn jeure within three (3) business days Orotherwise waive this right as a defense. Section 30. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, 8CfS of God, fire and flood damage or destruction vvhone Lessee is to without fault, excepted. Any reasonable costs incurred for repairs orcorrections for which Lessee is responsible under this Leese are payable by Lessee to City as additional rental on the next rental payment date, nrwithin 30days written demand. Section 31. Enforcement Costs. |nthe event any legal action orproceeding iaundertaken by the City to repossess the Pnnnnioeo. collect the lease payment(s) due henaundor, collect for any donnogmo with regard to this Lease, to the PnenoiSeS' or to in any way enforce the provisions Of this Lease, Lessee agrees to pay all court costs and expenses and the aurn as 8 court of competent jurisdiction may adjudge reasonable as attorneys' fees in said action or proceeding, orinthe event ofanappeal aeallowed byonappellate court, ifa judgment iarendered infavor Of the City. Section 32' Publication Costs. Lessee shall pay for the cost ofpublishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Section 33' Interpretation. This Lease will be interpreted according to the Texas |nwe that govern the interpretation of contracts. Venue lies in Nuemyo County, Taxon, vvhone this Lease was entered into and will beperformed. Section 34. Survival mfTerms. Termination orexpiration nfthis Lease for any reason shall not release either party from any liabilities or obligations set forth in this Lease that (g) the parties have expressly agreed aheU survive any such termination or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. Section 35. Construction of Ambiguities. The parties expressly agree that they have each independently n98d and understood this Lease. Any ambiguities in this Lease ah8U not be construed against the drafter. Section 36. Captions. The captions utilized inthis Lease are for convenience only and donot in any way limit 0ramplify the terms Urprovisions hereof. Section 37. Termination. |tioLessee's responsibility toremove its personal property from the Premises prior to termination or expiration of the Lease. Leoonm agrees that any Of personal property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion,with no compensation to Lessee. Lessee ehn|| be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease, and Lessee shall pay said invoice within thirty (30) days of receipt. Section 38. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, p/OnniseG, nepneSentations, and understandings, Vr8| or otherwise, with reference to the Subi8CL matter hereof, unless contained in this Lease are expressly r6mUked, as the parties intend to provide for e complete understanding within the provisions of this Lease and its exhibits of the ternoS. ConditiOna, promises, and covenants relating to Lessee's operations and the Premises to beused inthe operations. Section 3S. Severability. ll (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease orthe application hereof toany person orcircumstance is, toany extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court ofcompetent juriadictiOn, than the remainder Ofthis Laaom, or the application of Said term or provision to persons or circumstances other than those a8towhich it is held illegal, invalid, or unenforceable, will not be affected thereby, for b iathe definite intent of the parties to this Lease that every section, paragraph, Subdiviaion, o|auom, provision, phrase orword hereof begiven full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, inva|id, or unenforceable under present or future |ovv effective during the term of this [e8Se, than the remainder of this Lease is not affected thereby, and in lieu of each such iUeQo|. invalid, or unenforceable o|euae or provisiun, a clause or prnviSion, as similar in terms to such i||ego|, invu|id, or unenforceable clause or provision as may be possible and be legal, valid and enforceable, will beadded tnthis Lease automatically. ATTEST: CITY OF CORPUS CHRISTI By:R968CC3Huerta Name: City Secretary Title: Date: Approved aatoform: By: Lisa Aguilar Assistant City Attorney 12 LESSEE: YOLANDA MARRA DBA MANGONADAS BY MLB By: 7'o l Q,1 d a- tJ�✓�w Name: Title: Date: ✓�" l�_ ,��� 13 EXHIBIT INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Lessee must famish 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 applicable Per occurrence - aggregate 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 WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,0001$500,000 PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for (if applicable) insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 14 ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee 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. Lessee agrees that with respect to the above required insurance,all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse 15 in coverage at any time during this contract.Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s)if any,which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit Lessee Services Performed Offsite-Onsite—GL— WC—Personal Property 8/24/2020 Risk Management—Legal Dept. Lease of North Bayfront Park Kiosk -- City Council May 18, 2021 qW. North Bayfront Park Kiosk CHRISTI Completed in 2010, including a kiosk with open, rentable space Previously leased April 2014-August 2018 to Corpus Christi Convention and Visitor's Bureau Kiosk has remained vacant since previous contract with CCCVB Monthly rental of $913.50 determined by City's Property and Land Acquisition manager $10,962 generated in revenue for a one-year term Two additional two-year terms available upon agreement of parties .� CHRISTI • Mangonadas by MLB is a small business owned by Yolanda Ibarra and operated by her since July 2016 • Her business has been operating out of a food truck and she has partnered with various festival organizers to sell goods • The Kiosk on Shoreline will provide her an opportunity to operate out of a store front location and provide a food and refreshment option to tourists and locals visiting Bay Fountain Park and the surrounding area Mangonadas by MLB Menu CHRISTI SOOMS%7 00 (Fresh fruA a o la— w.let) magx,aaa,C Iresa,Cherry Lmeade,f Wk,Clwmoyaae, YOVufi FfeSll FNA SaHG 56.50 Slrawteny S00dcake.Pneapple Debght. i 7 RN Colda ana Plladdy ' h4r• ,;o- WieaOole Fnnl Salad SB 99 Gomrka Ice Crean S8 W r �.,I� Variety of Resit Irk A �.. Com Loce.AW-4 joy and Caramel yid FO Deb9lli ___ �nA MadActuFdary 5s Made wM Iresb fNA OL 2407$.7.79 0207 S5 50 .+� Cuun4fer,watertreion,pireapple aria Margo 7 Ona Fire gmmws %. ••• za or f4.50 RT�1, 7•Sr-ftnrY.Marga and GuaA M Maaa4 SVawtk ry f7 W Gfscken Caesar Saw co$9 50 y SVaw9e�n`v Gicken Pecan Saari S10 50 Gnkm ChOon d Peso S7 50 Tuna Melt S6 95 7 1 Ham and Cheese S7 50 Suoa Free FresT SoumYM Lemonade 24oz f3 79 32o S5 50 � Fresn sowed Lema,aee '^ 20 -st9-berry.50 v •a x LNnd1,5tfbwbtlYY rX Mari90 cbamoY A%Mbrenl of sodas Coca cola,sprite and d.Pepper 4 Mangonadas by MLB Menu CHRISTI Shm Qcx"$1200lip Nacfps.f500 Gell Guu f9 00 � � Hd GOetlos wM Cneese S4 50 Cfncdale Cover New York CM!esecake55 00 Clbcdale Coue.+8anana5$d 00 MUMv PFna f 1500 7 UMerrnt Ilavas I soW wM In'.s11 f ud silos MIO—Oy 5kk5 Rna LOW f/200 CnOce d aqua nesra arltl nese hurl 'RE"S" a '*, i 5 Kiosk Exterior CHRISTI I Y 1 6 Kiosk Interior - a J MgXr i y Kiosk Interior CHRISTI my r,ii knv y 8 Kiosk Basement CHRISTI t t Y l\ Recommendation O Staff recommends APPROVAL of this item . 10 0 E AGENDA MEMORANDUM CORPOR I First Reading Ordinance for the City Council Meeting of May 18, 2021 1852 Second Reading Ordinance for the City Council of May 25, 2021 DATE: May 4, 2021 TO: Peter Zanoni, City Manager FROM: Sarah Munoz, Interim Director of Parks and Recreation Sarah M3(a)cctexas.com (361) 826-3433 Park Enforcement Officers at Bayshore Parks CAPTION: Ordinance approving the addition of six full-time positions to the Parks and Recreation Department budget for additional Bayshore Parks Enforcement Officers with a one-time purchase of equipment and the appropriation of $432,956 from the State Hotel Occupancy Tax Fund for costs associated with increasing staff presence and security in the Bayshore parks. SUMMARY: Request for an additional six full-time positions to the Parks and Recreation Department budget for Bayfront Parks Enforcement Officers increasing staff presence and security in the Bayshore parks. BACKGROUND AND FINDINGS: An altercation occurred at Cole Park on March 13, 2021 causing a safety issue for parkgoers. In response to this incident, the City is proposing additional safety measures to include increasing Park Enforcement Officers in our Bayshore parks. The Parks and Recreation Department currently has seven Park Enforcement Officers for Bay Beaches (including Cole Park) and is requesting five additional officers along with one Park Enforcement Supervisor. With the seven existing Park Enforcement Officers and the five proposed, there will be 12 Park Enforcement Officers in need of a supervisor. Therefore, the Staff is recommending the department be authorized to create a Park Enforcement Supervisor. The proposed positions will be funded through the State Hotel Occupancy Tax (SHOT Fund). The SHOT Fund has over$11 .8 million in fund balance with a FY 21 revenue projection of$3.7 million. Legal has determined this request to be eligible for the use of the SHOT fund. The estimated costs for the requested full-time positions include personnel costs, uniforms, vehicles, and technology. A detailed itemizing of the costs over a two-year cycle is listed below: Estimated Costs (Year 1) — 6 Months Personnel Costs $121 ,432 Uniform Costs $4,200 Vehicle Costs $265,840 Technology Costs $41 ,484 Year 1 Total Costs $432,956 Estimated Costs (Year 2) - 12 Months Personnel Costs $332,342 Uniform Costs $4,200 Vehicle Replacement Fund $27,500 Vehicle Maintenance $14,500 Fuel $7,000 Technology Costs $1,104 Year 2 Total Costs $386,646 ALTERNATIVES: An alternative would be to convert existing Parks positions to create new Enforcement Officer FTEs for Bayshore parks. However, this would be detrimental to the Parks and Recreation department as all existing positions are needed to fill understaffed divisions and are not funded through the SHOT fund. FISCAL IMPACT: The fiscal impact for the State Hotel Occupancy Tax Fund is $432,956 for costs associated with increased personnel and security to the Bayshore parks. FUNDING DETAIL: Fund: 1032 State Hotel Occupancy Tax Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 RECOMMENDATION: Ordinance approving the addition of six full-time positions to the Parks and Recreation Department budget for additional Bayshore Parks Enforcement Officers and the appropriation of $432,956 from the State Hotel Occupancy Tax Fund for costs associated with increasing staff presence and security in the Bayshore parks. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance approving the addition of six full-time positions to the Parks and Recreation Department budget for additional Bayshore Parks Enforcement Officers with a one-time purchase of equipment and the appropriation of$432,956 from the State Hotel Occupancy Tax Fund for costs associated with increasing staff presence and security in the Bayshore parks. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi FY2020-2021 Operating and Capital Budget adopted by Ordinance No. 032203 is amended to increase the number of full-time employees in the State Hotel Occupancy Fund for Parks and Recreation Department by six for Bayshore parks staff. SECTION 2. That $432,956 is appropriated in the State Hotel Occupancy Tax Fund for the period of June 2021 through September 2021 for costs associated with increased Bayshore Parks personnel and security including uniform, vehicle and technology costs. SECTION 3. The Corpus Christi City Council finds that the expenditures are allowable uses pursuant to Texas Tax Code Section 156.2512. 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 y.a Enforcement Officers at Bayfront Parks City Council May 18, 2021 Background g Cole Park fight under investigation after viral video shared on social media Jahn Oliva,Corpus Christi Caller Times Corpus Christi police: Cole Park assault suspect in Nueces County Mail Aexonclria IYodri puez Corpus Christi Caller Times Staffing Recommendation CHRISTI • 5 Park Enforcement Officers for Bay Beaches (Including Cole Park) • 1 Park Enforcement Supervisor — 7 Existing Enforcement officers — 5 Proposed Enforcement Officers — 12 Total Officers will need supervision 3 Compliance Officer Overview (From JAQ) - 1 of 2 CPR STI 1. Investigate and enforce the City Code of Ordinances, Parks and Recreation Related Ordinances, and Texas Health and Safety Codes in accordance with Preserving the health, safety, and welfare of the general public. 2. Respond to citizen concerns and patrol a specifically assigned area to L?ruactl✓elyprevent violations in City Parks, Beaches, and public spaces. 4 Compliance Officer Overview (From JAQ) - 2 of 2 CPR STI 3. Generate written and photographic documentation of violations to attain civil abatement and provide evidence in criminal proceedings against violators when there is failure to comply. 4. Educate the general public concerning park and beach maintenance as well as proper disposal of waste in the parks system. 5. Serve as ambassadors to the City of Corpus Christi. Essential Functions (From JAQ) CPR STI • Conduct patrols in designated areas for ordinance violations by the public • Case Management, Data Entry, and File Charges • Coordinate and Partner with Other Departments and Agencies • Special Projects/Assignments 6 Funding CHRISTI • State Hotel Occupancy Tax (SHOT Fund) — Over $11.8 Million in Fund Balance — FY 21 revenue projection - $3.7 Million • Funding available for personnel and equipment • Project eligible for SHOT due to work on Bayfront qW. Staff Addition Options CHRISTI Option 1: Amend Budget Ordinance — Requires Council approval to add full time equivalents (FTE's) Option 2: Convert existing Park Positions (Not Recommended) — Current positions needed to fill understaffed divisions — Existing positions not funded through SHOT Year 1 Estimated Costs CHRISTI • Personnel Costs: Salary & Benefits for 1 Supervisor & 5 Officers at 4 months Estimated Costs • Uniforms: Clothing and Personnel Costs $121,432 accessories for 6 employees Uniform Costs $4,200 • Vehicles: 4 Pickup trucks, 3 Vehicle Costs $265,840 ATVs, fuel, maintenance & Technology Costs $41,484 replacement fund Year 1 Total Costs $432,956 contribution • Technology: Laptops, hotspots, radios, ticket writers Year 2 Estimated Costs CHRISTI • Personnel Costs: Salary & Benefits for 1 Supervisor & 5 Estimated Costs Officers Personnel Costs $332,342 • Uniforms: Clothing and Uniform Costs $4,200 accessories for 6 employees Vehicle Replacement Fund $27,500 • Vehicles: Maintenance & Vehicle Maintenance $14,500 fuel Fuel $7,000 Technology Costs $1,104 Year 2 Total Costs $336,646 10 Illustrative Schedule CHRISTI PROPOSED MON TUE WED FRI SAT 2021 29 30 31 2 3 Officer#1 8:00am-630 pm 8:00am-630 pm 8:00am-6:30 pm 8:00am-6:30 pm Officer#2 8:00am-6:30 pm • • 8:00am-6:30 pm 8:00am-6:30 pm 8:00am-6:30 pm Officer#3 12:00pm-10:30pm • • 12:00pm-10:30pm 12:00pm-10:30pm 12:00pm-10:30pm Officer#4 12-00pm-10:30pm 12:00pm-1030pm 12:00pm-10:30pm 12:00pm- 70N*CALL Officer#5 8:00am-6:30 pm 8:00am-6:30 pm8:00am-6:30 pm12:00pm-1030pmSupervisor 8:00am-5:00pm 8:00am-5:00pm 8:00am-5:00pm 8:00am-5:00pm 8:00am-5:00pm ON CALL • Cole Park Open: 6am —10pm • January— May&August — December Peak Hours — Mon —Thurs: 3 pm —7 pm — Fri - Sun:11 am —7 pm • June —August (Summer) Peak Hours - Mon -Sun:11 am -7 pm / �LON O Additional Safety Measures at Bayfront Parks �pUS CH Camera Layout �- D JµWs:.3ka. y o Park 1852 13 4 I 11 t �j i '.. �,` ,-� Amp heath ,,� �`��'•. 6• - /� � ��`"�Loensiana � T O�pUS CyRi CameraProposed LayoutCole x J y P ark 14 yens � �-��� White: Current Coverage No��,P�a� ��o��� Green: Additional C®verage 1600Ocea tip - ' Playgroundt a��la, i�°1nd2 �' . s �s ` Recommendation O Staff recommends APPROVAL of this item . 15 Illustrative Schedule CHRISTI PROPOSED MON TUE WED THUR FRI SAT SUN 2021 29 30 31 1 2 3 4 Officer#1 OFF OFF OFF 8:00 A-6:30 P 8:00 A-630 P 8:00 A-630 P 8:00 A-630 P Officer#2 8:00 A-6:30 P OFF OFF OFF 8:00 A-630 P 8:00 A-630 P 8:00 A-630 P Officer#3 12P-10:30P OFF OFF OFF 12P-10:30P 12P-10:30P 12P-10:30P Officer#4 OFF OFF 12P-10:30P 12P-10:30P 12P-10:30P 12P-10:30P OFF Officer#5 8:00 A-6:30 P 8:00 A-630 P 8:00 A-630 P 12P-10:30P OFF OFF OFF Supervisor 8:00 A-5:OOP 8:00 A-5 OOP 8:00 A-STOOP 8:00 A-5 OOP 8:00 A-5 OOP ON CALL ON CALL • Cole Park®pen: Gam -10pm June -August(Summer) Peak Hours • January-May&August-December - Mon-Sun:11 am-7 pm Peak Hours — Mon—Th urs:3 pm —7 pm — Fro e Sun: 11 am—7 pm 16 Parking Lot Gates The Water's Edge CHR STI t r - r "'• v "" '. lam+ - r �1I �p t 17 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 25, 2021 DATE: May 25, 2021 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste 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 Lease-Purchase of four Right Hand Drive (RHD) Jeep Wranglers CAPTION: Motion authorizing the lease-purchase, via JPMorgan, of four Right Hand Drive Jeep Wranglers from Cowboy Motor Co. dba Moore Chrysler Dodge Jeep Ram of Silsbee, Texas through the TIPS USA Cooperative, for a total amount of $189,360.81 to be used by the Solid Waste Department as additions to the fleet to support the City's new recycling compliance and education program, effective upon issuance of letter of acceptance, with FY 2021 funding in the amount of$12,624.04 available through the General Fund and the remaining lease payments to commence in FY 2022. SUMMARY: This motion authorizes the lease purchase of four RHD Jeep Wranglers to support the Solid Waste Department's new recycling education and inspection program. The program is scheduled to begin in the fourth quarter of FY 2021 . When the program initiates, the jeeps will be used to drive through recycle routes and inspect recycle carts that residents have set out for collection. Funding for the lease purchase was budgeted in the Solid Waste Services' Code Compliance FY 2021 operating budget. BACKGROUND AND FINDINGS: Solid Waste Services is introducing a recycling education and inspection program in FY 2021 . The program is designed to decrease the volume of non-recyclable materials collected through the City's recycling program. The Solid Waste Department has determined that four RHD Jeep Wranglers are ideally suited to support inspection activities. The RHD configuration adds to the program's efficiency as inspectors will be able to open the lids of recycle carts set out for collection and inspect the carts for unauthorized materials without exiting their vehicles. The cost of the recycling education and inspection program will be partially offset by the decrease in non- recyclable materials and associated recycling processing fees. These units will be additions to the fleet. PROCUREMENT DETAIL: This procurement is through the TIPS USA Cooperative. Contracts awarded through the TIPS USA Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The percentage of savings on the TIPS USA Cooperative is 11 .3% less than MSRP. In view of these savings through the TIPS USA Cooperative, it is the recommended method of purchase for the City. ALTERNATIVES: An alternative is to not purchase these vehicles, thus not inspecting for contaminated recycling carts and potentially diminishing the recycling education and inspection program's effectiveness. FISCAL IMPACT: The fiscal impact for FY 2021 is estimated at $12,624.04 available through the General Fund. Financing for the lease-purchase of these four RHD Jeep Wranglers is based on a sixty-month term with an estimated interest rate of 2.00% for an annual estimated payment of $37,872.00. The total estimated cost over the five-year period, including principal of $180,058.00 and interest of $9,302.81 is $189,360.81 . Total Lease-Purchase Price: $180,058.00 Total estimated allowable interest for Lease: $ 9,302.81 Grand Total: $189,360.81 FUNDING DETAIL: Fund: 1020 Organization/Activity: 12514 Mission Element: 032 Project # (CIP Only): Account: 530190 RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of four RHD Jeep Wranglers for Solid Waste Operations with Cowboy Motor Co. dba Moore Chrysler Dodge Jeep Ram as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Picture City of Corpus Christi Price Sheet Contracts&Procurement Lease-Purchase of(4) RHD Jeep Wranglers Buyer: Tracy Garza Solid Waste Department TIPS USA Contract 200206 COWBOY MOTOR CO. dba MOORE CHRYSLER DODGE JEEP RAM SILSBEE,TEXAS ITEM DESCRIPTION QUANTITY UNIT EXTENDED TOTAL 1 2022 RHD Jeep Wrangler 4 $ 45,014.50 $ 180,058.00 TOTAL PURCHASE PRICE $ 180,058.00 Right Hand Drive Jeep Wrangler t II so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting, May 25, 2021 DATE: May 25, 2021 TO: Peter Zanoni, City Manager FROM: Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply Agreement for Meter boxes and lids for the City Warehouse CAPTION: Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC of Corpus Christi, Texas in an amount not to exceed $322,788.30 to purchase meter boxes and lids for the City Warehouse as a central distribution point for water meters for the Utilities Department with funding in FY 2021 in an amount of$44,831 .71 available through the Stores Fund. SUMMARY: This motion authorizes a three-year supply agreement with Ferguson Enterprises, LLC to purchase meter boxes and lids to be stocked by the City Warehouse to distribute on an as-needed basis to the Utilities Department for their operational material needs. BACKGROUND AND FINDINGS: This is the first long-term supply agreement specifically for meter boxes and lids in various sizes for the City Warehouse to distribute. The Utilities Department will utilize the new meter boxes and lids for replacing existing or damaged items for residential and commercial locations. There has not been a supply agreement in place prior to this long- term agreement. Due to the departments' frequent need to purchase these items, a long- term supply agreement will allow the City Warehouse to keep a well-stocked inventory readily available as the Utilities Department needs these items. The benefit of the solicitation allows for pricing competitiveness. There has been a 9% cost-increase between Ferguson Enterprises, LLC, and the City of Corpus Christi's current year costs per item due to changes in the market. This agreement reduces the cost of procuring these items and is locked in for three years. PROCUREMENT DETAIL: Contracts and Procurement conducted a Request for Bid process to obtain bids to establish a three-year supply agreement. The City received two bids and staff is recommending award to the lowest responsive, responsible bidder, Ferguson Enterprises, LLC. After careful evaluation, the second bidder failed to bid on all items. The second bidder was deemed non-responsive and disqualified. ALTERNATIVES: An alternative to accepting this bid would be for the City Warehouse to continue purchasing these items on an as needed basis with the possibility of an increased cost per item due to variable market conditions and changes for specific meter boxes and lids. FISCAL IMPACT: The fiscal impact for Contracts and Procurement in FY 2021 is approximately$44,831 .71 . The remaining cost of$277,956.59 will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 5010 Stores Organization/Activity: 40000 Warehouse Stores Mission Element: 185 Centralized Purchasing System Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC for the City Warehouse as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement Meter Boxes and Lids Buyer: Elizabeth M. Rodriguez for City Warehouse Ferguson Enterprises LLC * NICor, Inc Corpus Christi,Texas Dripping Springs,TX THREE UO UNIT ITEM DESCRIPTION YEAR M PRICE TOTAL QTY City Stock No.3419 Lid&Ring, Inlet 24-1/2",Metal, 252 EA 94.65 $23,851.80 1 SIGM,A90R&C City Stock No.3424 Valve Box Extension 8", Metal, 600 EA 30.85 $18,510.00 2 SIGM,59VCC2 City Stock No.3425 2"Valve Box Riser,Metal,SERA, 30 EA 9.57 $287.10 3 59VR0201 City Stock No.3429 3"Valve Box Riser,Metal,SERA, 30 EA 12.77 $383.10 4 59VR0301 City Stock No.3430 4"Valve Box Riser,Metal,SERA, 30 EA 17.02 $510.60 5 59VR0401 City Stock No.3431 6"Valve Box Riser,Metal,SERA, 30 EA 19.15 $574.50 6 59VR0601 City Stock No.3432 Valve Box Lid,7-1/2,"Water, 600 EA 21.28 $12,768.00 7 Metal,CC2 Lid City Stock No.3433 Meter Box 12"x 18",Metal, 540 EA 56.38 $30,445.20 8 SIGM, 1 Cl Meter BX 9 City Stock No.3435 17"x 30"Meter Box,#2,Plastic, 300 EA 71.90 $21,570.00 City Stock No.3436 17"x 30"Lid Plastic,OLDC, 600 EA 79.18 $47,508.00 10 17304012 City Stock No.3437 #11 Oval Meter Box,Metal, 4800 EA 33.00 $158,400.00 11 SERA 6401 City Stock No.3438#1 Meter Box Metal,"Sewer."12" 300 EA 26.60 $7,980.00 12 x 18",Metal,Sign,NB17811S TOTAL $322,788.30 * Non-responsive due to incomplete bid form submission. PAGE 1 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 SC w � > SUPPLY AGREEMENT NO. 3466 U METER BOXES AND LIDS FOR THE CITY WAREHOUSE 'yaaPoieaiE 1852 THIS Meter Boxes and Lids for the City Warehouse Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Ferguson Enterprises, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Meter Boxes and Lids for the City Warehouse in response to Request for Bid No. 3466 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response 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 Meter Boxes and Lids for the City Warehouse 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. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for three years. 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 $322,788.30, subject to approved extensions and changes. Payment will be made for goods delivered 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: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 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: Robert Presnelll Finance Department (361 ) 826-1750 RobertPR@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 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. 9. Quality/Quantity Adjustments. Any 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 products 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 providing the Goods, 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. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 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: Robert Presnell Stores Supervisor 5352 Ayers Street, Bldg. 6, Corpus Christi, Texas 78415 Phone: (361 ) 826-1750 FAX: (361 ) 826-3174 IF TO CONTRACTOR: Ferguson Enterprises, LLC Attn: Bryan Steele Sales Representative 221 Junior Beck Dr., Corpus Christi, Texas 78405 Phone: (361 ) 289-1977 FAX: (361 ) 289-1968 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'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, 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 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 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. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 CONTRACTOR D.-S.g-d by: Signature: Printed Name Bryan Steele : Title: SALES 5/6/2021 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 3466 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 �ZSS C�,p O� ATTACHMENT A: SCOPE OF WORK 'VOn POq ASE 1852 1. General Requirements/Background Information The City of Corpus Christi needs Meter Boxes and Lids for the City Warehouse for city-wide repairs. Maintaining a stock of these frequently used parts will keep used parts in stock mainly used for existing and new services the provided by the Utilities department. Meter boxes and lids are for immediate or as-needed consumption or for on stock readily available The City warehouse works as a central receiving storage facility, by providing the internal departments needed supplies as daily operations require at the City of Corpus Christi as outlined in the Scope of Work. 2. Scope of Work A. The Supplier shall provide meter boxes and lids, as outlined on the bid/ pricing schedule. This specification covers various meters used by the City. The products listed in this specification will be used to restock the Warehouse Department. B. The Supplier will cross reference the City's stock number listed on the bid sheet. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 3. Delivery Robert Presnell Stores Supervisor 5352 Ayers Street, BLDG.#6 Corpus Christi, Texas 78415 Phone: (361) 826-1750 FAX: (361 ) 826-3174 1 . Contractor shall ship the materials in a specified time frame dictated by the Stores Supervisor. 2. All contract prices are F.O.B destination, inside delivery to the City of Corpus Christi Warehouse Facility, freight prepaid. 3. Receipt of products that do not conform will not be accepted by the City. 4. Supplier must arrange for the return shipment of damaged products via RMA with appropriate shipping label. 5. Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 6. Contractor will ship defect-free, properly packaged, and / or delivered to ensure safe delivery. Page 1 of 1 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 oo.�us w CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT U BID FORM yOgPOPPtE 1852 RFB No. 3466 Meter Boxes and Lids for the City Warehouse PAGE 1 OF 1 Date: 0 Z r_ Authorized Bidder: EC4a .WV 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. [tem Description Unit Qty Unit Price Total- Pr[ce three years 1 City Stock No. 3419 EA 252 $ $ Lid & Ring, Inlet 24-1/2", Metal, SIGM, A90R&C �� 2 City Stock No. 3424 Valve Box EA 600 $ $ Extension 8", Metal, SIGM, 59VCC2 3 City Stock No. 3425 2" Valve Box EA 30 $ $ Riser, Metal, SERA, 59VRO201 ",;t 8, t, /G' 4 City Stock No.3429 3" Valve Box EA 30 $ $ Riser, Metal, SERA, 59VRO301 1 3 -7. /0 5 City Stock No. 3430 4" Valve Box EA 30 $ $ Riser, Metal, SERA, 59VRO401 6Z) 6 City Stock No. 3431 6" Valve Box EA 30 $ $ Riser, Metal, SERA, 59VRO601 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1 CO-E96BECBC13A5 7 City Stock No. 3432 Valve Box Lid, EA 600 $ $ 7-1/2," Water, Metal, CC2 Lid 8 City Stock No. 3433 Meter Box 12" EA 540 $ $ x 18", Metal, SIGM, 1 Cl Meter BX So; • -3 10 y,If•vim 9 City Stock No. 3435 17" x 30" EA 300 $ $ Meter Box, #2, Plastic, ;:: /, c:� ^ /, J- 10 City Stock No. 3436 17" x 30" Lid EA 600 $ � $ Plastic, OLDC, 17304012 �/*i.� 11 City Stock No. 3437 #11 Oval EA 4800 $ $ Meter Box, Metal, SERA 6401 to 12 City Stock No. 3438 #1 Meter Box EA 300 $ $ Metal, "Sewer." 12" x 18", Metal, Si n, NB17811S � G� Cl, 6" Error in °s math Tota *Correct Total= $322,788.30 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 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 Commercial General Liability Including: $250,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury 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 workers' compensation coverage Page 1 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 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: 1 . 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; 2. 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. 3. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 4. Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. Page 2 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 E. Within 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. 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 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. 2020 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services -Services Performed Offsite 06/08/2020 Risk Management - Legal Dept. Page 3 DocuSign Envelope ID:AB081AFE-A8BB-43E1-B1CO-E96BECBC13A5 VS c. �f . Attachment D: Warranty Requirements 1�a moi_ Product Warranty is not required for this supply agreement, therefore, Section 8 Warranty, subsections (A) and (B) are null and void. Page 1 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 25, 2021 DATE: May 25, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management Charlesm2(a)cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Door Repair, Maintenance, Replacement, and Installation Services for Asset Management CAPTION: Motion authorizing a three-year service agreement with STBP, Inc. dba South Texas Building Partners of Corpus Christi, Texas for an amount not to exceed $462,200.00 for door repair, maintenance, replacement, and installation services for Asset Management effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $51,355.00 available through the Facility Maintenance Fund. SUMMARY: This motion authorizes a three-year service agreement for door repair services for City facilities. This contract will be used on an as needed basis by the Asset Management Department to meet the various department needs in a timely manner and to keep City Facilities presentable. BACKGROUND AND FINDINGS: Asset Management is responsible for repairs and maintenance of 485 city buildings. This contract will allow all the respective departments to contact Asset Management for door repair or replacements services. The Contractor shall provide routine and emergency door repair, maintenance, replacement, and installation services to City owned locations listed in the Scope of Work. The Contractor shall provide services on an as needed basis. The motion authorizes a three-year service agreement for door repair services for City Facilities. PROCUREMENT DETAIL: The Contracts and Procurement Department conducted a competitive Request for Bid (RFB) process to obtain bids for a new long-term contract. The City received two responsive, responsible bids for these services. Staff is recommending the award to the lowest, responsive, responsible bidder STBP, Inc. dba South Texas Building Partners. STBP is the incumbent from a contract executed in 2019 and has left hourly pricing unchanged due to the increased total hours for the 3-year agreement. Contract value has increased 304% but projected hourly total has increased 543%. The Contractor has reduced materials markup by 3%. The contractor will provide services on an as needed basis. ALTERNATIVES: The alternative would be for Facility Maintenance to hire additional staff to do the work orders in- house. Currently, Facility Maintenance does not have the appropriate staff levels to keep up with door repairs and replacements. FISCAL IMPACT: The FY 2021 fiscal impact to the Facility Maintenance Fund is an amount not to exceed $51,355, with the remaining balance totaling $410,845 contingent upon City Council's approval of future fiscal years' annual operating budgets. Funding will be available as projects are identified. FUNDING DETAIL: Fund: 5115 Facility Maintenance Fund Organization/Activity: 40300 Facility Maintenance Mission Element: 191 Operate City Buildings & Facilities Project # (CIP Only): N/A Account: 530215 Maint. & Repairs contracted RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with STBP, Inc. dba South Texas Building Partners of Corpus Christi, Texas as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Contracts and Procurement RFB#3488 Department Buyer:Marco Lozano Door Repair,Maintenance,Replacement and Instalation for Asset Management STBP, Inc dba South Texas TRUESOURCE, LLC - Building Partners- Islandia, NY. Corpus Christi,TX. ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price 1 Labor-Foreman HRS 3000 $ 47.47 $ 142,410.00 $ 95.00 $ 285,000.00 2 Labor-Helper HRS 3000 $ 23.50 $ 70,500.00 $ 75.00 $ 225,000.00 3 Labor-Foreman HRS 1500 $ 71.21 $ 106,815.00 $ 142.50 $ 213,750.00 4 Labor-Helper HRS 1500 $ 35.25 $ 52,875.00 $ 112.50 $ 168,750.00 Estimated Mark Up% Mark Up Spend 5 jPcrts/Materials $80,000.00 0.12 $89,600.00 0.25 $100,000.00 3-Year Total $ 462,200.00 1 $ 992,500.00 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3488 U Door Repair, Maintenance, Replacement and Installation yeanaonnf� 1852 Services for Asset Management THIS Door Repair, Maintenance, Replacement and Installation Services for Asset Management Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and STBP, Inc dba South Texas Building Partners ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Door Repair, Maintenance, Replacement and Installation Services for Asset Management in response to Request for Bid/Proposal No. 3488 ("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 Door Repair, Maintenance, Replacement and Installation Services for Asset Management ("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 $462,200.00, 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 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 Invoices must 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: Rebecca Serna Department: Asset Management Phone: 361-826-3388 Email: RebeccaS@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 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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. Contractor may use subcontractors in connection with the work performed if awarded a Contract. When using subcontractors, however, if not listed in the bid at the time of award, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of the Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 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: Rebecca Serna Title: Operations Support IV Address: 5352 Ayers Bldg 3A, Corpus Christi, Texas 78415 Phone: 361-826-3388 Fax: N/A IF TO CONTRACTOR: STBP, Inc dba South Texas Building Partners Attn: Matt Ezell Title: President Address: 3817 S. Alameda St, Suite A, Corpus Christi, Texas 78411 Phone: 361-299-5462 Fax: 800-858-5280 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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, 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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. 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. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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 7 of 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 CONTRACTQ Signedby: Signature: Printed Name: Matt Ezell Title: President Date: 5/11/2021 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. 3488 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form March 12, 2021 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 ° ATTACHMENT A: SCOPE OF WORK //•r1852.,i• General Requirements/Background Information 1 .1 General Requirements/Background Information The Contractor shall provide routine and emergency door repair, maintenance, replacement, and installation services to City owned locations listed in the Scope of Work. The Contractor shall provide services on an as needed basis. The Contractor shall have enough responsible, trained personnel qualified to provide the required services. 1 .2 Scope of Work A. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools, equipment, and transportation necessary to perform Door Repair, Maintenance, Replacement, and Installation for all locations. Structural work is not to be included on any work order requests. Work to be performed under this contract will include, but is not limited to the following: 1 . Repair, replacement and install of wood, hollow metal, acoustical, blast, fire rated, impact glass, stainless steel, roof access, aluminum, prefinished style, glass/aluminum storefront systems, revolving systems, sliding systems and their associated components. 2. All associated style hinge systems 3. All associated style mechanical, wireless, biometric, knobs, levers, and locks. 4. All associated key systems, exit devices, door closures/controls, holders, stops and mechanical accessories. 5. Re-key service 6. Gates and gate entry and operator systems 7. Mag lock systems 8. Thresholds, sealing and weather-stripping 9. Cost estimating 10. The Contractor and all personnel assigned to this project shall have experience with the above listed systems and components. 11 . The required services will be provided to the Contractor through a work order or phone requests. 12. The Contractor shall inspect and diagnose prior to repairing or replacing doors and associated components. 13. The work order will be issued after placing the phone requests. 14. The Contractor shall provide an estimate based on the work order. Page 1 of 5 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 15. The estimates shall include labor and parts that are in accordance with the contract bid/ price schedule. 16. The Contractor is responsible for obtaining permits through the City Development Services Department. 17. The Contractor is responsible for making repairs or replacement of any material or equipment damaged by the Contractor's staff. After completion of repairs, the Contractor shall report back to the Operation Superintendent or designee. If any item or equipment covered under this service agreement is deemed non- repairable, the Contractor shall immediately notify the Operations Division Supervisor. The Contractor shall provide assessments and make recommendations. 18. The Contractor shall be required to perform some services during afterhours or during emergencies. 19. The Contractor shall respond to an emergency call within 2 hours unless otherwise agreed upon. B. Service Call The Asset Management Staff will provide the work order before commencement of services which must be signed by the City and the Contractor before the work begins. Work order pricing will be based on unit costs outlined in the Bid/Priding Schedule. C. Security Personnel The Contractor shall assure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to this service agreement shall wear a uniform, including safety equipment and any company issued photo identification. Contractor's employees working on site shall wear clothing with an identifiable logo bearing the name of the company visible from 15 feet always. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts or torn clothing are unacceptable. The Contractor shall conduct background checks for all personnel before assigned to work under this agreement. D. Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all work orders (repairs, parts, supplies and materials) for each location for the term of the Contract. The Contractor shall update the logs after each service defined in the Contract. The Repair Slip shall contain: 1 . Site location of the equipment repaired 2. Details of work performed 3. List of materials that were replaced and labor hours broken down by job title. 4. Reference work order number. Page 2 of 5 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 E. Invoicing 1 . Each month, the Contractor shall submit the invoice plus a copy of the work order for repair services to the City. Work order shall include: a. Work description, Purchase Order Number, Location, and date of repairs. b. All hours billed, itemized by position and hourly rate for labor, overhead, profit and administrative costs. C. Materials shall be provided to the City at Cost and allowable contract mark up. The Contractor shall include copies of work order as back-up for each invoice. Approval for payment shall be authorized by the Contract Administrator or Operations Division Supervisor. 1 .3 Work Site and Conditions The Contractor shall perform routine and emergency door repair, maintenance, and replacement services as needed at the following locations: BUILDING Address Zip Code 1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416 2 City Hall 1201 Leopard St, Corpus Christi, TX 78401 3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415 4 Police Department 321 John Sartain St, Corpus Christi, TX 78401 5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415 8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415 9 Ethel EyerlySenior Center 654 Graham Rd. Corpus Christi, TX 78418 10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412 11 Greenwood Senior Center 4040 Greenwood Dr, Corpus Christi, TX 78416 12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404 13 Northwest Senior Center 9725 Up River Rd, Corpus Christi, TX 78410 14 Oveal Williams Senior1414Martin Luther King Dr, CC, TX 78401 Center Page 3 of 5 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 15 Zavala Senior Center 510 Osaqe St, Corpus Christi, TX 78405 16 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401 17 Garcia Public Library 5930 Brockhampton St, CC, TX 78414 18 Janeth Harte Public Library 2629 Waldron Rd, Corpus Christi, TX 78418 19 Hopkins Public Library 3202 McKenzie Rd, Corpus Christi, TX 78410 20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416 21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411 22 Joe Garza Recreation 3204 Highland Ave, Corpus Christi, TX 78405 Center 23 �Linclale Recreation Center 3133 Swantner St, Corpus Christi, TX 78404 24 Oak Park Recreation Center842 Erwin Ave, Corpus Christi, TX 78408 25 Oso Recreation Center 1 11 1 Bernice Dr, Corpus Christi, TX 78413 26 Solomon Coles Rec Center 924 Winnebago St, Corpus Christi, TX 78401 27 Science and History 1900 N Chaparral St, Corpus Christi, 78401 Museum TX 28 �Al Kruse Tennis Center 502 Kinq St, Corpus Christi, TX 78401 29 HEB Pool Complex 1520 Shelly St, Corpus Christi, TX 78404 30 HEB Tennis Court 1520 Shelly St, Corpus Christi, TX 78404 31 Central Kitchen 4141 Old Brownsville Rd, CC, TX 78405 32 0 N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410 33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415 34 Oso Waste Water Treatment501Nile, Corpus Christi, TX 78412 Plant 35 Greenwood WWTP 65X 41 Greenwood Dr, Corpus Christi, 78417 36 Broadway WWTP 1402 W Broadway, Corpus Christi, TX 78401 37 Laguna Madre WWTP 201 Jester St, Corpus Christi, TX 78418 38 White Cap Waste WWTP 13409 White Cap St, Corpus Christi, TX 78418 Page 4 of 5 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 39 Allison Waste Water 4101 Allison St, Cprpus Christi, TX 78410 Treatment Plant 40 Cefe Landfill 2397 Co.Rd.20, Robstown, TX 78380 41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415 42 Unknown locations City Wide Page 5 of 5 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 ° Uc�� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT r BID FORM xRPOP 4Ed 1852 R F B No. 3488 Door Repair, Maintenance, Replacement and Installation Services for Asset Management PAGE 1 OF 1 Date: 03-08-2021 Authorized Bidder: STBP, Inc. Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions efore 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 UNIT 3-Year Unit Price Total Price QTY 1 Labor-Foreman HRS 3000 $ 47.47 $ 142,410.00 Normal Hours (M-F 8AM-5PM) 2 Labor-Helper HRS 3000 $ 23.50 $ 70,500.00 Normal Hours (M-F 8AM-5PM) 3 Labor-Foreman HRS 1500 $ 71.21 $ 106,815.00 After Hours (5PM-8AM) including Weekends and Holidays 4 Labor-Helper HRS 1500 $ 35.25 $ 52,875.00 After Hours (5PM-8AM) including Weekends and Holidays Estimated Mark Up Spend 5 Parts / Materials $ 80,000.00 12% $ 89,600.00 3-Year Total $462,200.00 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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 p roperty required on all certificates or by Damage Per occurrence - applicable policy endorsements aggregate 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' 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. Page 1 of 3 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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 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. Page 2 of 3 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 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 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, therefore, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-13 Contracts for General Services -Services Performed Onsite 06/08/2020 Risk Management -Legal Dept. Page 3 of 3 DocuSign Envelope ID:A3CBB2A9-A6DA-49CF-98AE-8F737F760F20 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty on Labor and Workmanship shall be one year. Page 1 of 1 s c� Ga � U 9 AGENDA MEMORANDUM z = Action Item for the City Council Meeting of May 25, 2021 DATE: May 18, 2021 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(a)cctexas.com (361) 826-1941 Josh Chronley, Interim Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Unleaded Gasoline, Ultra-Low Sulfur Diesel Fuel and Dye Diesel Delivery Service CAPTION: Motion authorizing a three-year service agreement with Mansfield Oil Company of Gainesville, Inc. of Gainesville, Georgia in an amount not to exceed $8,577,616.83 for unleaded gasoline, ultra-low sulfur diesel fuel and dye diesel delivery services, effective upon issuance of notice to proceed, with FY 2021 in an amount of$1 ,191 ,336.00 available in the Fleet Maintenance Service Fund. SUMMARY: This service agreement will provide unleaded gasoline, ultra-low sulfur diesel fuel and dye diesel delivery services to multiple City locations throughout the city. The Mansfield Oil Company headquarters at 1025 Airport Parkway S.W., Gainesville, Georgia and has a Texas Office at 820 Gessner Road Suite 1770, in Houston, Texas. BACKGROUND AND FINDINGS: Unleaded gasoline, ultra-low sulfur diesel fuel and dye diesel delivery services will be provided to nine City owned sites located throughout the city on as-need basis. The City has a current three-year service agreement with Petroleum Trader Corporation located at 7120 Pointe Inverness Way, Fort Wayne, Indiana, for a cost of $8,957,987.00. The new proposed three-year service agreement represents a 4.2% savings. PROCUREMENT DETAIL Contracts and Procurement conducted a competitive Request for Bid process to obtain bids for a new contract. The City received ten bids that were deemed responsive and responsible. The bids were evaluated based on lowest price and is recommending the award to the lowest responsive, responsible bidder, Mansfield Oil Company of Gainesville, Georgia. ALTERNATIVES: An alternative would be not to secure a long-term service agreement. However, the Asset Management Department would have to purchase unleaded gasoline, ultra-low sulfur diesel (TX LED) fuel and dye diesel delivery services on an as needed basis on individual purchase orders, which would not be as productive and would be much more time consuming. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2021 is estimated at $1 ,191,336.00 for this three-year service agreement. The remaining amount will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Service Fund Organization/Activity: 40140 Service Station Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year service agreement with Mansfield Oil Company of Gainesville, Georgia for the purchase of unleaded gasoline, ultra-low sulfur diesel fuel and dye diesel delivery services as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation SC G° a 0 H SERVICE AGREEMENT NO. 3511 U Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED) Fuel and Red yeanaonnf� 1852 Dye Diesel Delivery Service THIS Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED) Fuel and Red Dye Diesel Delivery Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Mansfield Oil Company of Gainesville, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED) Fuel and Red Dye Diesel Delivery Service in response to Request for Bid/Proposal No. 3511 ("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 Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED) Fuel and Red Dye Diesel Delivery Service ("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 $8,577,616.83, 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 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form December 15, 2020 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: 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: Erlinda Klubertabz Department: Asset Management Phone: (361 ) 826-1903 Email: Erlinda@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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form December 15, 2020 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. 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 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: Erlinda Klubertanz Title: Interim Assistant Director for Asset Management Address: 5352 Ayers, Corpus Christi, Texas 78415 Phone: (361) 826-4394 Fax: (361) 826-4394 IF TO CONTRACTOR: Mansfield Oil Company of Gainesville, Inc. Attn: Dan Luther Title: VP, Government Sales Address: 1025 Airport Parkway SW, Gainesville, GA 30501-6813 Phone: 1-800-695-6626 Fax: (678) 450-2242 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form December 15, 2020 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, 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form December 15, 2020 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. 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 CONTRACT Signature: Printed N e: ( , Title: Is C, kcS— Date: l � � c1 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. 3511 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form December 15, 2020 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide and deliver Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED) Fuel and Red Dye Diesel. This fuel will be delivered on as needed basis to the City's location shown in Exhibit A 1.2 Scope of Work A. The Contractor shall provide all labor, transportation, and supervision during the life of the Contract. The Contractor must be adequately equipped, supplied, and staffed to meet the City's requirements promptly and efficiently. The Contractor shall ensure that a vapor recovery hose and connection system are properly installed prior to transferring and dispensing fuel. Drivers are not to leave hoses unattended during fueling operations. B. The Contractor shall take all due precautions to prevent spillage of these products during delivery. Proper equipment maintenance constant inspection, and where necessary, the use of collection pans during fuel transfer, will be employed to avoid leaks or spills. In the event of a spill, the Contractor shall be responsible for immediate containment, mitigation of the effects of the spill and cleanup of the spilled products at no cost to the City of Corpus Christi. Should the Contractor fail to take immediate action, the City may contract with a third party to accomplish the required control actions and will hold the Contractor responsible for the cost incurred and may be grounds for termination of the contract. A copy of the Contractor's spill containment policy may be requested. C. The services required under this procurement are vital to the operation of the City of Corpus Christi and required during Emergency situations such as hurricanes and other catastrophes, whether man made or natural. Time is the essence during these situations and the Contractor shall be available at any time, day, or night during those periods. Emergency contact information shall be kept current throughout the life of this contract. Upon request, the Contractor must be prepared and ready to deliver tankers of Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED), and Red Dye diesel fuel to the Service center located at 5352 Ayers and locations on Exhibit A. D. The City of Corpus Christi will take PRIORITY over contracts the Contractor may have during emergency situations. E. If the Contractor is unable to meet the emergency requirement, the City will locate and purchase the required fuel and any cost incurred, including additional cost over the bid price, will be charged to the Contractor. Revised 06.25.20 1.3 Delivery Requirements A. For Fuel orders placed by the Asset Management Department between 8:00 a.m. and 9:00 a.m. shall be deliver prior to 5:00 p.m. same day. Fuel orders placed after 9:00 a.m. shall be delivered the following day before noon. If the deliveries are not made within the time required, the City reserves the right to locate the product and any cost incurred, including additional cost over the bid price, will be charged to the Contractor. B. Upon request, fuel deliveries will be made to the requesting departments shown in Exhibit A. C. Refinery manifest indicating gross/net gallons must accompany all deliveries. All tank wagons making deliveries must be metered and must be verified by City personnel. 1.4 Special Instructions A. The City reserves the right to have diesel fuel tested by a recognized independent petroleum testing laboratory at the Contractor's expense. B. These tests can be scheduled at any time the City deems necessary; not to exceed three times during the twelve-month contract term. C. The Contractor must submit, with each delivery a Safety Data Sheet (SDS) similar to the U.S. Department of Labor form LSB-00 S 5. D. Contractors must comply with all ASTM test methods as required by Title 30 Environmental Quality, Part 1 Texas Commission on Environmental Quality Chapter 114 Control of Air Pollution from Motor Vehicles, Subchapter H Low Emission Fuels, Division 2 Low Emission Diesel Rule 114.315 Approved Test Methods(TX LED), September 13, 2012. E. The Contractor must include with the bid any and all taxes and fees to be charged per gallon in Federal DSL LUST Tax, Oil Spill Tax, TX Clear DSL Motor Fuel Tax and Tx Delivery fee with the exception of sales tax as the City is tax exempt. F. The Contractor shall bill for fuel using the OPIS price for the day of fuel delivery + or- Contractor's Fixed Markup fee per bid. OPIS price to be used is OPIS/CORPUS CHRISTI/RACK AVERAGE for product delivered. G. The Awarded bidder is to use the 10 a.m. OPIS posting price. Revised 06.25.20 EXHIBIT A NUMBER OF ABOVE/UNDER LOCATION TANKS TANK CAPACITY GROUND Regular Unleaded Gasoline Maintenance Services 2 10,000 Underground 5352 Ayers St. Corpus Christi, TX 78415 International Airport-Aviation 2 10,000 Above Ground 1000 International 1 2,000 Above Ground Corpus Christi, Tx 78406 Marina 1 10,000 Above Ground 400A North Shoreline Blvd Corpus Christi, Tx 78401 Ultra-Low Sulfur Diesel (TX LED) Maintenance Services 2 10,000 Underground 5352 Ayers St. Corpus Christi, Tx 78415 Maintenance Srvcs Unit 1590 1 4,000 Tanker Truck 5352 Ayers St. Corpus Christi, Tx 78415 P&R Beach Operations 1 500 Above Ground 8185 Hwy 361 Corpus Christi, Tx 78410 Power Street Pump Station A 3 600 Underground 1218 N. Power Corpus Christi, Tx 78401 Kinney Street Pump Station B 1 3,000 Above Ground 301 N. Kinney Corpus Christi, Tx 78401 Wesley Seale Dam 2 500 Above Ground County Road 365 Corpus Christi, Tx 78415 Revised 06.25.20 O.N. Stevens Water Plant 3 10,000 Above Ground 13101 Leopard St. Corpus Christi, Tx 78410 River Pump Station 1 12,000 Above Ground 16691 Smith Rd. Corpus Christi, Tx 78410 Whitecap WW Plant 1 4,000 Above Ground 13409 Whitecap Corpus Christi, Tx 78418 Laguna Madre WW Plant 1 41000 Above Ground 201 Jester Corpus Christi, Tx 78418 Oso WW Plant 2 250 Above Ground 501 Nile 2 500 Above Ground Corpus Christi, Tx 78412 2 750 Above Ground 2 850 Above Ground Broadway WW Plant 1 8,000 Above Ground 801 Resaca Corpus Christi, Tx 78401 Red Dye Diesel International Airport-Aviation 1 2,000 Above Ground 1000 International Corpus Christi, Tx 78406 Marina 1 10,000 Above Ground 400A Shoreline Blvd Corpus Christi, Tx 78401 Revised 06.25.20 Attachment B - Bid/Pricing Schedule kousat, � CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT U BID FORM NOHPOHAI ED 1$52 RFB No. 3511 Unleaded Gasoline, Ultra Low Sulfur Diesel (TX LED) Fuel and Red Dye Diesel Delivery Service PAGE 1 OF 2 Date: 02/22/2021 Authorized MhZ&hgh - Bidder:Mansfield Oil Company of Gainesville, Inc. Signature: O,,Luther(Feb 23,202109:10 EST) 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. The Contractor must include with the bid any and all taxes and fees to be charged per gallon in Federal DSL LUST Tax, Oil Spill Tax, TX Clear DSL Motor Fuel Tax and TX Delivery fee with the exception of sales tax as the City is tax exempt. �Item a u - �, Fri Ely P W dE,fl� � .r{, � _. ._ 3' • r'r�,.. , 3V2.. 1 Transport Gal $1.99 + $-0.0214 = $ 1.9686 X 2,034,902 = $4,005,908.08 Deliveries Wagon 2 Deliveries Gal $1.99 + $0.1859 = $ 2.1759 X 70,574 = $153,561.97 Taxes Unit Cost = Taxes 3 Federal Excise Gal EXEMPT x 2,105,476 = $ 0.00 Gas Tax 4 Federal Gas LUST Gal 0.0010 x 2,105,476 = $ 2,105.48 5 Oil Spill Tax Gal 0.00214 x 2,105,476 = $4,505.72 6 TX Gas Motor Gal 0.2000 X 2,105,476 = $421,095.20 Fuel Tas 7 TX Delivery Fee Gal 0.0007 x 2,105,476 = $1,473.83 TOTAL $4,588,650.27 � aJ} OPIS Fixed TotalOpis Estlmated Extended item Description Unit Price as + Markup = +/- Fixed X Q of 2/2/21 +/-fee Markupty Price Transport 8 Deliveries Gal $1.65 + $-0.0060 = $ 1.6440 X 1,989,368 = $3,270,520.99 Wagon 9 Deliveries Gal $1.65 + $0.3385 = $ 1.9885 X 128,352 = $255,227.95 Taxes Unit Ctist' = Taxes 10 Federal Excise Gal EXEMPT x 2,117,720 = $ 0.00 DSI-Tax 11 Taderal DSL LUST Gal 0.0010 x 2,117,720 = $ 2,117.72 12 Oil Spill Tax Gal 0.00214 x 2,117,720 = $ 4,531.92 13 TX Clear DSL Gal 0.2000 x 2,1 17,720 Motor Fuel Tax = $423,544.00 14 TX Delivery Fee Gal 0.0007 x 2,117,720 = $ 1,482.40 TOTAL $3,957,424.99 a Fw,m -R#d:-.Low Sulfur O. Fixed =Estlmated Eztehded IIni1 Dri n nc- �11Anrb,M u Red FDye fee Qty Price 15 Transport Gal $1.65 + Deliveries $0.0045 = $ 1.6545 X 14,751 = $24,405.53 16 Wagon Gal $1.65 + X 1,964 = $3,728.85 Deliveries $0.2486 = $ 1.8986 Taxes Unit Cost . = Taxes 17 Federal Excise Gal EXEMPT x 16,715 = $ 0.00 DSI-Tax 18 Taderal DSL LUST Gal 0.0010 x 16,715 = $ 16.72 19 Oil Spill Tax Gal 0.00214 x 16,715 = $ 35.77 20 TX Clear DSL Gal 0.2000 x 16,715 = $ 3,343.00 Motor Fuel Tax 21 TX Delivery Fee Gal 0.0007 x 16,715 = $ 11.70 TOTAL $ 31,541.57 Grand Total $8,577,616.83 Attachment C- Insurance 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) $1 ,000,000 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 POLLUTION LIABILITY $1 ,000,000 Per Occurrence 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 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 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. 2020 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services -Services Performed Onsite - Pollution 04/14/2020 Risk Management - Legal Dept. Attachment C - Bond Requirements No bond requirements necessary for this service agreement; Section 5. Insurance; Bonds Subsection (B) is null for this service agreement. ATTACHMENT D - WARRANTY REQUIREMENTS No warranty requirements necessary for this service agreement; Section 8. (B). Warranty is null for this service agreement. OPTS Price as of Fixed Markup+/- _ To}al Opis+/- Description Unit 2/2/, 2 21 + fee Fixed MarkupX Estimated Qty = Extended Price 1 Transport Gal $1.99 + -0.02140 = 1.96860 X 2,034,902 = $ 4,005,908.08 Deliveries 2 Wagon "x""__1 ies Gal $1.99 + 0.18590 = 2.17590 X 70,574 = $ 153,561.97 Unit Cost - Taxes ederal iGal 0.00000 x 2,105,476 = $ - Gas Tax 4 Federal Gas LUST Gal 0.00100 x 2,105,476 = $ 2,105.48 Tax 5 Oil Spill Tax Gal 0.00214 x 2,105,476 - $ 4,505.72 6 TX Gas Motor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 0.00070 x 2,105,476 - $ 1,473.83 TOTAL $ 4,588,650.27 Ultra-46VY,,,,,„ _.. Sulfur Diesel(TX LED) Item Descriptio Unit OPTS Price as of X Estimated Qty = Extended Price 2/2/21 .. ..... 8 Transport Deliveries Gal $1.65 + 1 -0.00600 = 1.64400 X 1,989,368 = $ 3,270,520.99 9 Wagon Deliveries Gal $1.65 + 0.33850 = 1.98850 X 128,352 = $ 255,227.95 Taxes U 10 Federal Excise Gal 0.00000 x 2,117,720 = $ - DSL Tax I I Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 Tax 12 Oil Spill Tax Gal 0.00214 x 2,117,720 - $ 4,531.92 13 L ear DSL Gal 0.20000 x 2,117,720 = r Fuel Tax $ 423,544.00 14 elivery Fee Gal 0.00070 x 2,117,720 - $ 1,482.40 L $ 3,957,424.99 -LoW Sulfur Unit OFFS Price as of Fixed Markup Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.00450 = 1.65450 X 14, = Deliveries - $ 24,405.53 16 Wagon Deliveries Gal $l.b + 0.24860 = 1.89860 X 1.>64 = $ 3,728.85 Taxes Cost 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSL Tax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 16.72 Tax 19 Oil Spill Tax Gal 0.00214 x 16,715 - $ 35.77 20 TX Clear DSL Gal 0.20000 x 16,715 = Motor Fuel Tax $ 3,343.00 21 TX Delivery Fee Gal 0.000701 x 16,715 - $ 11.70 TOTAL $ 31,541.57 Grand Total $ 8,577,616.83 Mansfield Oil Co. OPTS Price as of Fixed Markup+/- _ Total Opis+/- Description Unit 2/2/2 1 + fee Fixed Marku X Estimated Qty = Extended Price 1 Transport Gal $1.99 + -0.03210 = 1.95790 X 2,034,902 = $ 3,984,134.63 Deliveries 2 Wagon "x""__1 ies Gal $1.99 + 0.22940 = 2.21940 X 70,574 = $ 156,631.94 Unit - Taxes ederal iGal 0.00000 x 2,105,476 = $ - Gas Tax 4 Federal Gas LUST Gal 0.00100 x 2,105,476 = $ 2,105.48 Tax 5 Oil Spill Tax Gal 0.00198 x 2,105,476 - $ 4,160.42 6 TX Gas Motor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 T as 7 TX Delivery Fee Gal 0.00082 x 2,105,4761 1$ 1,726.49 TOTAL 1$ 4,569,854.15 Ultra-WVY,,,,,,. 77777777777� ... Sulfur Diesel(TX LED) Item Descriptio Unit OPTS Price as of Total Opis+/- X Estimated Qty = Extended Price 2/2/21 Fixed Marku 8 Transport Deliveries Gal $1.65 + 1 0.00890 = 1.65890 X 1,989,368 = $ 3,300,162.58 9 Wagon Deliveries Gal $1.65 + 0.22940 = 1.87940 X 128,352 = $ 241,224.75 xes U TaTaxes 10 Federal Excise Gal 0.00000 x 2,117,720 = $ - DSL Tax I I Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 12 EOitITSpill Tax Gal 0.00214 x 2,117,720 - $ 4,531.92 ear DSL Gal 0.20000 x 2,117,720 =r Fuel Tax $ 423,54400 elivery Fee Gal 0.00930 x 2,117,720 - $ 19,694.80 L $ 3,991,275.76 -Low Sulfur Unit OPTS Price as of Fixed Markup Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.01090 = 1.66090 X 14761 = Delivenes - $ 24,499.94 16 Wagon Deliveries Gal $l.b + 0.00940 = 1.65940 X 1.>64 = $ 3,259.06 Taxes Cost 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSL Tax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 16.72 Tax 19 Oil Spill Tax Gal 0.00214 x 16,715 - $ 35.77 20 TX Clear DSL Gal 0.00000 x 16,715 = $ - Motor Fuel Tax 21 TX Delivery Fee Gal 0.00930 x 16,715 - $ 155.45 TOTAL $ 27,966.93 Grand Total $ 8,589,096.84 Colonial Oil OPTS Price as of Fixed Markup+/- _ Total Opis+/- Description Unit 2/2/2 1 + fee Fixed Marku X Estimated Qty = Extended Price 1 Transport Gal $1.99 + -0.04310 = 1.94690 X 2,034,902 = $ 3,961,750.70 Deliveries 2 Wagon "x""--1 ies Gal $1.99 + 0.05690 = 2.04690 X 70,574 = $ 144,457.92 Unit Taxes ederal iGal 0.00000 x 2,105,476 = $ - Gas Tax 4 Federal Gas LUST Tax Gal 0.00100 x 2,105,476 = $ 2,105.48 5 Oil Spill Tax Gal 0.00183 x 2,105,476 - $ 3,853.02 6 TTXGasMotor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 0.00090 x 2,105,476 - $ 1,894.93 TOTAL $ 4,535,157.25 Ull,,,, Sulfur Diesel(TX "' ? LED Item Descriptio 2221 feUnit OPTS Price as of fee ed Markup Estimated Qty = Extended Price e 8 Transport Deliveries Gal $1.65 + 1 0.02410 = 1.67410 X 1,989,368 = $ 3,330,400.97 9 Wagon Deliveries Gal $1.65 + 0.12410 = 1.77410 X 128,352 = $ 227,709.28 Taxes U cos} 10 Federal Excise Gal 0.00000 x 2,117,720 = $ - DSL Tax 11 Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 Tax 12 Oil Spill Tax Gal 0.02430 x 2,117,720 - $ 51,460.60 13 TX Clear DSL Gal 0.20000 x 2117720 = Motor Fuel Tax , , $ 423,544.00 14 TX Delivery Fee Gal 0.00090 x 2,117,720 - $ 1,905.95 TOTAL $ 4,037,138.52 Ultra-LoW Sulfur Unit OPTS Price as of Fixed Markup=/- Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.02970 = 1.67970 X 14, = Deliveries - $ 24'777.25 16 Wagon Deliveries Gal $l.b + 0.12970 = 1.77970 X 1.>64 = $ 3,495.33 Taxes cost 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSLTax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 6.72 Tax 1 19 Oil Spill Tax Gal 0.00000 x 16,715 20 TX Clear DSL Gal 0.00000 x 16,715 = $ - Motor Fuel Tax 21 TX Delivery Fee Gal 0.00090 x 16,715 - $ 15.04 TOTAL $ 28,304.34 Grand Total $ 8,600,600.11 Fikes Wholesale Inc. OPTS Price as of Fixed Markup+/- _ Total Opis+/- Description Unit 2/2/2 1 + fee Fixed Marku X Estimated City = Extended Price 1 Transport Gal $1.99 + -0.00790 = 1.98210 X 2,034,902 = $ 4,033,379.25 Deliveries 2 Wagon "x""__1 ies Gal $1.99 + 0169502.15950 X 70,574 = $ 152,404.55 xUnit - Taxes ederal iGal 0.00000 x 2,105,476 = $ - Gas Tax 4 Federal Gas LUST Gal 0.00100 x 2,105,476 = $ 2,105.48 Tax 5 Oil Spill Tax Gal 0.00193 x 2,105,476 - $ 4,063.57 6 TTXGasMotor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 0.00000 x 2,105,476 - $ - TOTAL $ 4,613,048.05 UITra-Li�VY,,,,,,, Sulfur Diesel(TX LED) Item Descriptio Unit OPTS Price as of Totixeadl OMarku pis 2 2 21 F +/- X Estimated Qty = Extended Price - 8 Transport Deliveries Gal $1.65 + 1 0.00740 = 1.65740 X 1,989,368 = $ 3,297,178.52 9 Wagon Deliveries Gal $1.65 + 0.16950 = 1.81950 X 128,352 = $ 233,536.46 xes U Ta 10 Federal Excise Gal 0.00000 x 2,117,720 = $ - DSL Tax I I Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 12 EOitITSpill Tax Gal 0.00193 x 2,117,720 - $ 4,087.20 ear DSL Gal 0.20000 x 2,117,720 =r Fuel Tax $ 423,54400 elivery Fee Gal 0.00000 2,117,720 - $ - L $ 3,960,463.91 -Low Sulfur Unit OPTS Price as of Fixed Markup Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.02250 = 1.67250 X 14761 = Delivenes - $ 24,671.05 16 Wagon Deliveries Gal $l.b + 0.18950 = 1.83950 X 1.>64 = $ 3,612.78 Taxes Cost 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSL Tax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 16.72 Tax 19 Oil Spill Tax Gal 0.00193 x 16,715 - $ 32.26 20 TX Clear DSL Gal 0.00000 x 16,715 = $ - Motor Fuel Tax 21 TX Delivery Fee Gal 0.00000 x 16,715 - $ - TOTAL $ 28,332.80 Grand Total $ 8,601,844.76 Arguindegui Oil OPIS Price as of Fixed Markup+/- _ Total Opis+/. Description Unit 2/2/' 2 21 + fee Fixed Markup X Estimated Qty = Extended Price 1 Transport Gal $1.99 + "114G = 1.97760 X 2,034,902 = $ 4,024,222.20 Deliveries 2 Wagon x""__1 ies Gal $1.99 + 0.35000 = 2.34000 X 70,574 = $ 165,143.16 Unit Cost - Taxes ederal EiGal 0.00000 x 2,105,476 = $ - Gas Tax 4 Federal Gas LUST Gal 0.00100 x 2,105,476 = $ 2,105.48 Tax 5 Oil Spill Tax Gal 0.00193 x 2,105,476 - $ 4,063.57 6 TX Gas Motor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 0.00080 x 2,105,4761 $ 1,684.38 TOTAL $ 4,618,313.98 Ultra-WwV ;,,,,, Sulfur Diesel(TX Item Descriptio Unit OPTS Price as of Fbced Markup 22 21 fee Estimated Qty = Extended Price 8 Tr a ns port Gal $1.65 + -0.00010 = 1.64990 X 1,989,368 = $ 3,282,258.26 Delivenes 9 Wagon Deliveries Gal $1.65 + 0.35000 = 2.00000 X 128,352 = $ 256,704.00 Taxes U Cos} 10 Federal Excise Gal 0.00000 x 2,117,720 = $ - DSL Tax 11 Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 Tax 12Oil Spill Tax Gal 0.00214 x 2,117,720 - $ 4,531.92 13 TX Clear DSL Gal 0.20000 x 2,117,720 = Motor Fuel Tax $ 423,544.00 14 TX Delivery Fee Gal 0.00080 x 2,117,720 - $ 1,694.18 TOTAL $ 3,970,850.08 Ultra-Low Sulfur Unit OPTS Price as of Fixed Markup=/- Estimated Qty Ex}ended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.00740 = 1 $ 24'448.31 .65740 X 14761 = Deliveries - 16 Wagon Deliveries I Gal $l.b + 0.35000 = 2.00000 X 1.>64 = $ 3,928.00 Taxes Cost 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSL Tax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 16.72 Tax 19 Oil Spill Tax Gal 0.00214 x 16,715 - $ 35.77 20 TX Clear DSL Gal 0.00000 x 16,715 = $ - Mo}or Fuel Tax 21 TX Delivery Fee Gal 0.00080 x 1 16,715 - Is 13.37 TOTAL $ 28,442.16 Grand Total $ 8,617,606.23 Petroleum Trader Corp. OPTS Price as of Fixed Markup+/- _ Total Opis+/- Description Unit 2/2/2 1 + fee Fixed Marku X Estimated Qty = Extended Price 1 Transport Gal $1.99 + 0.01260 = 2.00260 X 2,034,902 = $ 4,075,094.75 Deliveries 2 Wagon "x""--1 ies Gal $1.99 + 0.19202.18320 X 70,574 = $ 154,077.16 Unit Cost - Taxes ederal iGal 0.00000 x 2,105,476 = $ - Gas Tax 4 Federal Gas LUST Gal 0.00100 x 2,105,476 = $ 2,105.48 Tax 5 Oil Spill Tax Gal 0.00190 x 2,105,476 - $ 4,000.40 6 TTXGasMotor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 0.00000 x 2,105,476 - $ - TOTAL $ 4,656,372.98 Ultra-Li�VY,,,,,,, Sulfur Diesel(TX LED ,i;,; .,.,.,.,.;:;;°:,.,.,., Item Descriptio Unit OPTS Price as of _ TotFixeadl OMarku pis 2/2/21 +/- X Estimated City = Extended Price - 8 Transport Deliveries Gal $1.65 + 1 0.01260 = 1.66260 X 1,989,368 = $ 3,307,523.24 9 Wagon Deliveries Gal $1.65 + 0.19340 = 1.84340 X 128,352 = $ 236,604.08 xes U TaTa 10 Federal Excise Gal 0.00000 x 2,117,720 = $ - DSL Tax I I Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 Tax 12 Oil Spill Tax Gal 0.00210 x 2,117,720 - $ 4,447.21 13 TX Clear DSL Gal 0.20000 x 2,117,720 = Motor Fuel Tax $ 423,544.00 14 TX Delivery Fee Gal 0.00000 2,117,720 - $ - TOTAL $ 3,974,236.25 Ultra-LoW Sulfur Unit OPTS Price as of Fixed Markup=/- Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.01260 = 1.66260 X 1aJ51 = Delivenes - $ 24,525.01 16 Wagon Deliveries Gal $l.b + 0.19340 = 1.84340 X 1.>64 = $ 3,620.44 TaxesM. Cost IR 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSLTax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 16.72 Tax 19 Oil Spill Tax Gal 0.00210 x 16,715 - $ 35.10 20 TX Clear DSL Gal 0.00000 x 16,715 = $ - Motor Fuel Tax 21 TX Delivery Fee Gal 0.00. x 16,715 - - TOTAL $ 28,197.27 Grand Total $ 8,658,806.49 Texas Enterprise DBA Kapalua OPIS Price as of Fixed Markup+/. _ To}al Opis+/- Description Unit 2/2/21 + fee Fixed Marku X Estimated Qty = Extended Price Gal $1.99 + 0.02500 = 1"G"1 X 2,034,902 = $ 4,100,327.53 veries Gal $1.99 + 0.25000 = 2.24000 X 70,574 = $ 158,085.76 Unit - Taxes 37 se Gal 0.18300 x 2,105,476 = Gas Tax $ 385,302.11 4 Federal Gas LUST Gal 0.00010 x 2,105,476 = $ 210.55 Tax 5 Oil Spill Tax Gal 0.00214 x 2,105,476 - $ 4,512.04 6 TTXGasMotor Fuel Gal 0.00000 X 2,105,476 = $ - 7 TX Delivery Fee Gal 0.00000 x 2,105,4761 1$ - TOTAL $ 4,648,437.98 Ultra-L6W""",,,, Sulfur Diesel(TX ,r Item Descriptio Unit OPTS Price as of Fbced Markup 22 21 fee Estimated Qty = Extended Price 4'181 Transport Gal $1.65 + 0.02500 = 1.67500 X 1,989,368 = $ 3,332,191.40 DeliveriesWagon Deliveries Gal $1.65 + 190000X128,352 = $ 243,868.80 Taxes UCos} Federal Excise Gal 0.24300 x 2,117,720DSL Tax $ 514,605.96 Feederal DSL LUST Gal 0.00010 x 2,117,720 = $ 211.77 Tax 12 Oil Spill Tax Gal 0.00214 x 2,117,720 - $ 4,538.27 13 TX Clear DSL Gal 0.00000 x 2,117,720 = $ - Motor Fuel Tax 14 TX Delivery Fee Gal x 2,117,720 - $ - TOTAL $ 4,095,416.21 "',Ultra-Low Sulfur Unit OPTS Price as of Fixed Markup=/- Estimated Qty Extended Price imaboom 2/2/21 fee 15 Transport Gal $1.65 + 0.02500 = 1.67500 X 14, = Deliveries - $ 24,707.93 16 Wagon Deliveries Gal $l.b + 0.25000 = 1.90000 X 1.>64 = $ 3,731.60 Taxes cost 17 Federal Excise Gal 0.00000 x 16,715 = $ DSL Tax 18 Federal DSL LUST Gal 0.00010 x 16,715 = $ 1.67 Tax 19 Oil Spill Tax Gal 0.00214 x 16,715 - $ 35.82 20 TX Clear DSL Gal 0.00000 x 16,715 = $ - Motor Fuel Tax 21 TX Delivery Fee Gal x 16,715 - $ - TOTAL $ 28,477.02 Grand Total $ 8,772,331.20 Delta Oil OPIS Price as of Fixed Markup+/- _ Total Opis+/- Description Unit 2/2/2 1 + fee Fixed Marku X Estimated Qty = Extended Price 1 Transport Gal $1.99 + 0.00300 = 1.99300 X 2,07- ies $ 4,055,559.69 Deliveries 2 Wagon "x""__1 Gal $1.99 + 0.23500 = 2.22500 X $ 157,027.15 Unit Cost Taxes ederal iGal 0.18300 x 2,1 , Gas Tax $ 385,302.11 4 Federal Gas LUST Gal 0.00100 x 2,105,476 = $ 2,105.48 Tax 5 Oil Spill Tax Gal 0.00193 x 2,105,476 - $ 4,061.46 6 TX Gas Motor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 0.00080 x 2,105,476 - $ 1,684.38 TOTAL $ 5,026,835.46 Ull 11 11 11 1 777 7777777777 77777777777777 _.. Sulfur Diesel(TX LED) Item Descriptio Unit OPTS Prias of Total Opis+/- X Estimated Qty = Extended Price 2/2c/;1 Fixed Markup 8 Transport Gal $1.65 + 0.00430 = 1.65430 X 1,989,368 = $ 3,291,011.48 Delivenes 9 Wagon Deliveries Gal $1.65 + 0.23500 = 1.88500 X 128,352 = $ 241,943.52 Taxes U 0.243 Taxes 10 Federal Excise Gal 0.24300 x 2,117,720 = DSL Tax $ 514,605.96 I I Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 Tax 12 Oil Spill Tax Gal 0.00214 x 2,117,720 - $ 4,538.27 13 TX Clear DSL Gal 0.20000 x 2,117,720 = Motor Fuel Tax $ 423,544.00 14 TX Delivery Fee Gal 0.00070 x 2,117,720 - $ 1,482.40 TOTAL $ 4,479,243.36 Ultra-Low Sulfur Unit OPTS Price as of Fixed Markup Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.01410 = 1.66410 X 14761 = Deliveries - $ 24'547.14 16 Wagon Deliveries Gal $l.b + 0.23500 = 1.88500 X 1.>64 = $ 3,702.14 TaxesM. 0 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSL Tax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 16.72 Tax 19 Oil Spill Tax Gal 0.00214 x 16,715 - $ 35.82 20 TX Clear DSL Gal 0.00000x 16,715 = $ - Motor Fuel Tax 21 TX Delivery Fee Gal 0.00070 x 16,715 - $ 11.70 TOTAL $ 28,313.51 Grand Total $ 9,534,392.34 Campbell Oil OPIS Price as of Fixed Markup+/- _ Total Opis+/- Description Unit 2/2/, 2 21 + fee Fixed Markup X Estimated Qty = Extended Price 1 Transport Gal $1.99 + .. = 2.06000 X 2,034,902 = $ 4,191,898.12 Deliveries 2 Wagon D,_,"__1 ies Gal $1.99 + 0.20000 = 2.19000 X 70,574 = $ 154,557.06 Unit Cost - Taxes ederal iGal 0.18400 x 2,105,476 = $ 387,407.58 Gas Tax 4 Federal Gas LUST Gal 0.01000 x 2,105,476 = $ 21,054.76 Tax 5 Oil Spill Tax Gal 0.00210 x 2,105,476 - $ 4,421.50 6 TX Gas Motor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 0.00060 x 2,105,476 - $ 1,263.29 TOTAL $ 5,181,697.51 UITra-Li�VY,,,,,,, ra;;. Sulfur Diesel(TX LED) Item DescriptioUnit OPIS Price as of Fuced Markup = Total Opis+/- X Estimated Qty = Extended Price 2/2/21 fee w' Fixed Marku 8 Transport Gal $1.65 + 0.07000 = 1.72000 X 1,989,368 = $ 3,421,712.96 Deliveries 9 Wagon Deliveries Gal $1.65 + 0.20000 = 1.85000 X 128,352 = $ 237,451.20 Taxes U Cos} Tax 10 Federal Excise Gal 0.24400 x 2,117,720 = DSL Tax $ 516,723.68 I I Federal DSL LUST Gal 0.01000 x 2,117,720 = $ 21,177.20 Tax 12 Oil Spill Tax Gal 0.00210 x 2,117,720 - $ 4,447.21 13 TX Clear DSL Gal 0.20000 x 2,117,720 = Motor Fuel Tax $ 423,544.00 14 TX Delivery Fee Gal 0.00060 x 2,117,720 - $ 1,270.63 TOTAL $ 4,626,326.88 Ultra-Low Sulfur Unit OPTS Price as of Fixed Markup=/- Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.13000 = 1.78000 X 14, = Deliveries - $ 26,256.78 16 Wagon Deliveries Gal $l.b + 0.39000 = 2.04000 X 1.>64 = $ 4,006.56 Taxes Cost 17 Federal Excise Gal 0.24400 x 16,715 = DSL Tax $ 4,078.46 18 Federal DSL LUST Gal 0.01000 x 16,715 = $ 167.15 Tax 19 Oil Spill Tax Gal 0.00210 x 16,715 - $ 35.10 20 TX Clear DSL Gal 0.20000 x 16,715 = Motor Fuel Tax $ 3,343.00 21 TX Delivery Fee Gal 0.00060 x 16,715 - $ 10.03 TOTAL $ 37,897.08 Grand Total $ 9,845,921.47 American Textile Systems,DBA American Energy and Fuel Systems OPTS Price as of Fixed Markup+/- _ Total Opis+/- Description Unit 2/2/2 1 + fee Fixed Marku X Estimated Qty = Extended Price 1 Transport Gal $1.99 + -0.02760 = 1.96240 X 2,034,902 = $ 3,993,291.68 Deliveries 2 Wagon "x""--1 ies Gal $1.99 + 0.37000 = 2.36000 X 70,574 = $ 166,554.64 Unit - Taxes ederal iGal 0.18300 x 2,105,476 = Gas Tax $ 385,302.11 4 Federal Gas LUST Gal 0.00100 x 2,105,476 = $ 2,105.48 Tax 5 Oil Spill Tax Gal 0.00210 x 2,105,476 - $ 4,421.50 6 TTXGasMotor Fuel Gal 0.20000 X 2,105,476 = $ 421,095.20 7 TX Delivery Fee Gal 1.70000 x 2,105,476 1$ 3,579,309.20 TOTAL $ 8,552,079.81 Sulfur Diesel(TX LED ,i;,; .,.,.,.,.;:;;°:,.,.,., ItemDescriptio Unit OPTS Price as of _ Total Opis+/- X Estimated Qty = Extended Price 2/2/21 - Fixed Markup 8 Transport Deliveries Gal $1.65 + 1 0.00469 = 1.65469 X 1,989,368 = $ 3,291,787.34 9 Wagon Deliveries Gal $1.65 + 0.39300 = 2.04300 X 128,352 = $ 262,223.14 Taxes U 10 Federal Excise Gal 0.24300 x 2,117,720 = DSL Tax $ 514,605.96 I I Federal DSL LUST Gal 0.00100 x 2,117,720 = $ 2,117.72 Tax 12 Oil Spill Tax Gal 0.00210 x 2,117,720 - $ 4,447.21 13 TX Clear DSL Gal 0.20000 x 2,117,720 = Motor Fuel Tax $ 423,544.00 14 TX Delivery Fee Gal 1.70000 2,117,720 - $ 3,600,124.00 TOTAL $ 8,098,849.36 Ultra-LoW Sulfur Unit OPTS Price as of Fixed Markup=/- Estimated Qty Extended Price 2/2/21 fee 15 Transport Gal $1.65 + 0.02870 = 1.67870 X 14, = Deliveries - $ 24.76250 16 Wagon Deliveries Gal $l.b + 0.39170 = 2.04170 X 1.>64 = $ 4.009.90 Taxes 3917 - Taxes 17 Federal Excise Gal 0.00000 x 16,715 = $ - DSL Tax 18 Federal DSL LUST Gal 0.00100 x 16,715 = $ 16.72 Tax 1 19 Oil Spill Tax Gal 0.00210 x 16,715 - $ 35.10 20 TX Clear DSL Gal 0.00000 x 16,715 = $ - Motor Fuel Tax 21 TX Delivery Fee Gal 1.70000 x 16,715 - $ 28,415.50 TOTAL $ 57,239.72 Grand Total $ 16,708,168.89 Pinnacle Petroleum Tab 4 Mansfield Oil Co. $8,577,616.83 7 Colonial Oil $8,589,096.84 9 Fikes Wholesale Inc. $8,600,600.11 6 Arguindegui Oil $8,601,844.76 3 Petroleum Trader Corp. $8,617,606.23 2 Texas Enterprise DBA Kapalua $8,658,806.49 8Delta Oil $8,772,331.20 10 Campbell Oil $9,534,392.34 1 American Textile Systems,dba,American Energy&Fuel Systems $9,845,921.47 5 IPinnacle Petroleum $16,708,168.89 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 25, 2021 DATE: May 25, 2021 TO: Peter Zanoni, City Manager FROM: Laura Garcia, Director of Libraries Lau raGa(a-)-cctexas.com (361) 826-7070 Peter Collins, Chief Information Officer of Information Technology PeterC(a-)cctexas.com (361) 826-3735 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(a)cctexas.com (361) 826-3169 Radio Frequency Identification (RFID) for Corpus Christi Public Libraries CAPTION: Motion authorizing a five-year service agreement with Invengo American Corp., dba FE Technologies, of Southlake, Texas for a total amount not to exceed $352,159 to implement Radio Frequency Identification technology for the Public Libraries, effective upon issuance of notice to proceed, with FY 2021 funding in an amount of$57,900 available through the Libraries Grant Fund. SUMMARY: This motion authorizes the purchase and installation of Radio Frequency Identification technology to improve functions related to circulation (checking material in and out), inventory management and security measures at each of the City's six library locations. BACKGROUND AND FINDINGS: The City's Library Department strives to meet current demands by modernizing and improving Library functions. Radio Frequency Identification (RFID) have been in use by libraries for over 20 years and are efficient in improving functions related to circulation (checking material in and out), inventory management, and security measures. This agreement also will provide for the purchase of software, equipment, supplies necessary to implement and support RFID technology at each of the City's six locations. Over a nine- month period, beginning in August of FY 2021, City staff will place RFID tags on over 400,000 Library items. Once RFID tagging is complete, installation of self-checkout stations and theft detection security gates will begin. This phase will take approximately eight weeks to complete. All six City libraries will simultaneously be switched over to RFID. Currently, barcodes on library materials link the library record and the library patron record during the checkout process. Barcode scanners are line-of-sight and require each barcode to be read one at a time during the checkout and check-in process. These processes will become more efficient as RFID allows for multiple items to be processed simultaneously. Reducing the performance of repetitive tasks not only reduces the time spent performing the task but studies also show that repetitive stress injuries are reduced, thereby contributing to the wellbeing of our staff. An additional benefit of RFID is the reduction of staff, equipment, and time needed to inventory the collections. Inventory takes up to four months per library location but would be reduced to a few weeks for the entire library system with RFID technology. Further, implementation of RFID will allow for library patrons to checkout material, pay fines, and place holds on library material at self-checkout stations that will be installed once the RFID tagging project is completed. The self-checkout stations also will serve to advertise Library and other City services. Finally, transitioning to RFID will improve security measures for library material. The current theft detection security gates use electromagnetic (EM) technology activated with tattle tape security strips, which are placed inside library material. The use of tattle tape security strips requires staff and equipment to sensitize and desensitize the material. If library material is not desensitized, due to staff error or because patrons do not go through the checkout process, the alarm on the theft detection security gate sounds off. As more libraries move towards RFID technology, replacing or repairing EM gates becomes more difficult and expensive. Due to age, none of the Library's EM gates qualify for a service agreement (some EM gates over 30 years old). Gates at two Library locations are not functioning, and at other Library locations gates are regularly malfunctioning. If the City does not transition to RFID, the two non-functioning gates will have to be replaced at an approximate combined cost of$30,000. All gates in all the City's libraries will need to be replaced within the next two years. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Bids (RFB) process to obtain bids. The City received three bids. Staff is recommending award to the lowest, responsible bidder Invengo American Corp., dba FE Technologies. ALTERNATIVES: The alternative to not approve the three-year agreement which would prevent the City's libraries from increasing efficiency, security, and accessibility for both staff and patrons. FISCAL IMPACT: The fiscal impact for FY 2021 would be an estimated $57,900 using the Libraries Grant Fund. For the remaining years, this agreement will be funded primarily with funds from the Libraries Grant Fund ($212,084) and Friends of Corpus Christi Public Libraries ($71,695). Maintenance and support will start in year two and will be in the amount of$17,095, which will come from the Library's operating budget. FUNDING DETAIL: Fund: 1068 Libraries Grant Fund Organization/Activity: 12800 Central Library Mission Element: 114 Digital Services Project # (CIP Only): N/A Account: 520100 Minor Computer Amount: $57,900 RECOMMENDATION: Staff recommends City Council approve this motion for a five-year service agreement with Invengo American Corp., dba FE Technologies, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 3287- RFID for Library Invengo American Corp. dba FE EnvisionWare, Inc. Technologies Southlake, TX Duluth, GA Item IDescription Unit Qty Unit Price Total Price Unit Price Total Price Group 1 1 Software/License EA 1 $0.00 $0.00 $7,465.00 $7,465.00 2 Implementation/Installation Lump 1 $0.00 $0.00 $15,425.00 $15,425.00 3 Support Maintenance-Yr. 2 EA 1 $18,186.00 $17,095.00 $25,089.65 $25,089.65 4 Support Maintenance-Yr. 3 EA 1 $18,186.00 $17,095.00 $25,089.65 $25,089.65 5 Support Maintenance-Yr. 4 EA 1 $18,186.00 $17,095.00 $25,089.65 $25,089.65 6 Support Maintenance-Yr. 5 EA 1 $18,186.00 $17,095.00 $25,089.65 $25,089.65 7 Gates-Single EA 7 $6,127.00 $42,889.00 $6,995.00 $48,965.00 8 Gates-Double Aisle EA 2 $9,157.00 $18,314.00 $9,300.00 $18,600.00 9 Self-Checkout Kiosk-Adult EA 6 $4,828.00 $28,968.00 $5,480.00 $32,880.00 10 Self-Checkout Kiosk-Child EA 6 $6,848.00 $41,088.00 $5,480.00 $32,880.00 11 Self-Checkout Kiosks-Combo EA 6 $4,828.00 $28,968.00 $3,822.00 $22,932.00 12 RFID Readers/Mats EA 40 (workstations) $720.00 $28,800.00 $565.00 $22,600.00 13 Mobile Inventory Device EA 6 $2,590.00 $15,540.00 $3,300.00 $19,800.00 $272,947.00 $321,905.60 Group 2 14 Credit Card Terminals EA 12 $1,646.00 $19,752.00 $475.00 $5,700.00 15 Receipt Printers EA 12 $0.00 $0.00 $0.00 16 RFID Dispensers EA 13 $120.00 $1,560.00 $476.00 $6,188.00 $21,312.00 $11,888.00 Group 3 17 Tags-book EA 500,000 $0.108 $54,000.00 $0.098 $49,000.00 18 Hub Labels EA 10,000 $0.39 $3,900.00 $0.172 $1,720.00 $57,900.00 $50,720-001 $352,159.00 $384,513.60 Tech Logic Oakdale, MN Item IDescription Unit Qty Unit Price Total Price Group 1 1 Software/License EA 1 $0.00 $0.00 2 Implementation/Installation Lump 1 $31,433.61 $31,433.61 3 Support Maintenance-Yr. 2 EA 1 $19,095.00 $19,095.00 4 Support Maintenance-Yr. 3 EA 1 $19,476.00 $19,476.00 5 Support Maintenance-Yr. 4 EA 1 $19,866.00 $19,866.00 6 Support Maintenance-Yr. 5 EA 1 $20,263.00 $20,263.00 7 Gates-Single EA 7 $5,560.00 $38,920.00 8 Gates-Double Aisle EA 2 $7,840.00 $15,680.00 9 Self-Checkout Kiosk-Adult EA 6 $9,810.00 $58,860.00 10 Self-Checkout Kiosk-Child EA 6 $8,066.32 $48,397.92 11 Self-Checkout Kiosks-Combo EA 6 $3,404.09 $20,424.54 12 RFID Readers/Mats EA 40 (workstations) $664.67 $26,586.80 13 Mobile Inventory Device EA 6 $4,707.57 $28,245.42 $347,248.29 Group 2 14 Credit Card Terminals EA 12 $1,362.95 $16,355.40 15 Receipt Printers EA 12 $0.00 $0.00 16 RFID Dispensers EA 13 $301 .00 $3,913.00 $20,268.40 Group 3 17 Tags-book EA 500,000 $0.0981 $49,050.00 18 Hub Labels I EA 10,000 $0.1446 $1,446.00 $50,496.00 $418,012.69 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 .mus cs ©� � H SERVICE AGREEMENT NO. 3287 U Radio Frequency Identification (RFID) for Libraries ya er p R n14O xs5a THIS Radio Frequency Identification (RFID) for Libraries Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Invengo American Corp., dba FE Technologies ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Radio Frequency Identification (RFID) for Libraries in response to Request for Bid/Proposal No. 3287 ("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 Radio Frequency Identification (RFID) for Libraries ("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 five 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 $352,159.00, 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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 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: Stephanie Juarez Library Department Phone: 361-826-7047 StephanieJ@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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 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: Stephanie Juarez Managing Librarian 805 Comanche Road, Corpus Christi, TX 78401 Phone: 361-826-7047 Fax: 361-826-4479 IF TO CONTRACTOR: Invengo American Corp., dba FE Technologies Attn: Scotty Gage VP of Sales 536 Silicon Dr., Suite 100, Southlake, TX 76092 Phone: 888-278-1824 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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 CONTRACTOF� Signed by: Signature: - F ocu Printed Name: spotty Gage Title: VP of Sales - US Date: 3/19/2021 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. 3287 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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Radio Frequency Identification (RFID) technology for a library environment. A. Equipment and material must operate in a public library environment. Equipment and materials must be capable of running software in Windows 10. Equipment includes: 1 . RFID Security Gates 2. RFID Readers/Mats 3. RFID Shelf Checks 4. RFID Inventory Devices 5. RFID Tags 6. Credit Card Terminals 7. Receipt Printers 8. RFID Dispensers B. Equipment shall be installed within two weeks of receipt. C. Software 1 . The equipment and all their components must be entirely compatible with Koha Integrated Library System (ILS), version 19.11 . 2. Contractor must work with the ILS vendor, Bywater Solutions, to resolve any integration problems. 3. All applicable RFID operations must utilize Reader Talks First (RTF) architecture. 4. Software shall integrate to the RFID system hardware (security gates, staff RFID readers, self-check machines, mobile inventory devices, and any other hardware) and RFID tags. D. Contractor shall supply self-checkout stations that consist of a patron monitor and staff monitor to view the patron's session, pilot the session, and /or conduct operations with the Koha ILS client in order to help the patron achieve successful checkout. Page 1 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 1.2 Scope of Work A. Security Gates 1 . The Contractor shall install seven single aisle gates and two double aisle gates as follows: Library Gates La Retama Central Library 2 Single Ben F. McDonald Library 1 Single Owen R. Hopkins Library 1 Single Janet F. Harte Library 2 Single Dr. Clotilde P. Garcia Library 2 Double Anita & W.T. Neyland Library 1 Single 2. The Contractor shall install all security gates at all libraries as scheduled by Contract Administrator. 3. Gates must be delivered to individual library branches. La Retama Central Library will require a lift truck. 4. The Contractor shall dispose of all used gates and equipment. 5. Security gates must be able to connect through the library's local area network via an Ethernet connection and/or secured wireless network. 6. The Contractor shall provide the distances at which the security gates must be installed from other RFID or electronic items to avoid interference. 7. Specifications: a. Double and single aisle gates b. Single gate width: 27.5" +/- 4", height: 67.3" +/- 1 ", depth: 2.8" +/- 1 " c. Double gate width: 27.5" +/- 4", height: 67.3" +/- 1 ", depth: 2.8" +/- 1 " d. Operating Gate Frequency- 13.56 MHz e. Security gates must operate/detect RFID frequencies reliably within a range from 59" to 63" inches between pedestals f. ADA requirements must be met for corridor access Page 2 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 g. Security gates must have the option to alarm only when a patron is exiting the library h. Security gates must perform bi-directional (incoming, outgoing) patron counting that can be read and reset by staff i. Security gates must be able to issue visible and audible warnings j. Upon alarm, security gates must report alarm location and, in real time, query the ILS via SIP2 and report triggered items' titles and Barcodes k. Security gates must provide real-time monitoring as well as retroactive data to view, filter, and export stolen item data to provide insight for theft prevention and item replacement I. Security gates must provide item security even when the library's ILS or network is off-line or not functioning m. Security gates may be easily switched on or off by staff n. Security gates must accurately detect items that have not been checked out with 95% detection accuracy o. Security gates should only require a single data connection for multiple pedestals B. RFID Readers/Mats will require the following: 1 . RFID reader is referred to as "Mat" 2. Software to encode RFID tags 3. Software should provide shielded antennas 4. Software must include RFID antennas with at least an 8" minimum read range for books and unstacked A/V discs 5. Software must be capable of processing RFID tags and/or Barcodes in the same transaction 6. Software must be able to handle varying barcode locations and orientations 7. Software must have ability to read, programs, and re-program RFID tags 8. Software must be able to read multiple tag data formats without impacting performance 9. Software must support efficient processing of RFID check-in and check-out transactions in conjunction with the library's Koha ILS client, simultaneously allowing full use of the ILS client interface to modify patron records and conduct other ILS tasks Page 3 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 10. Software must be able to accept and display circulation messages from the ILS even when processing multiple items simultaneously 11 . Software must lock or unlock security bits on the tag within one second of check-out or check-in 12. Software must be able to process an item barcode read via RFID tag, scanned by barcode scanner, or keyed in on keyboard 13. If multiple items are placed on RFID reader, the software should queue the items so they can be checked in or out quickly even if there are alerts or popups 14. Software should be able to process sets prior to sending data to the ILS and provide a notification if a missing part is detected 15. Software must be intuitive and, using the system, a single staff member must be able to tag materials at a rate of 150-200 items per hour 16. Software must allow configuration of item identifier parameters to automatically prevent programming of partially scanned or incorrectly scanned Barcodes 17. Software must be able to create multi-part tagged sets (disc, case, theme packets) where each part is tagged as 1 of 2 and 2 of 2 18. Software must detect if multiple tags are in the reader field when attempting to process in "write" mode and alert the user 19. Software must allow library to set the AFI value on the RFID tag to whatever value the library wishes 20. Software must have collision management capacity to restrict the writing of information to only one tag at a time 21 . Software must conduct RFID check-in through the Library's Koha ILS client and also, when desired, must be able to easily switch to a SIP2- connected workflow/interface that facilitates RFID check-in at a high volume via SIP2. 22. SIP2-connected staff check-in interface must display pass-through ILS circulation messages that it receives via SIP2 and must facilitate at- a-glance visual representation of each item's check-in results (e.g. different colors for checked in; transit; hold; transit hold) 23. Software must support efficient trapping and notification of holds and printing of holds requests. 24. Software must be able to backdate items and indicate clearly that backdating is on Page 4 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 25. Must be able to customize hold slips 26. Must include a management tool that can manage settings and licenses and allow batch updating of software settings and receipts at the system, branch, or terminal level 27. Application retains transaction/usage data at the summary level for reporting purposes C. Self-Checkout Kiosks: 1 . Dimensions: a. Adult - height - 62.0" width - 40.3" depth - 17.0" 21 .5" touch screen monitor b. Child - height - 6" width - 16" depth - 12" 21 .5" touch screen monitor Customized wrap around 2. Self- Checkout station must be able to accept patron identification number from a scanned barcode or RFID library card, from a scanned barcode image on a smartphone device, or keypad entry on a touch screen monitor. 3. Self-checkout station must be able to accept a numeric or alphabetic Personal Identification Number (PIN) security code to secure a patron's checkout session. 4. Self-checkout station must be able to read encoded barcode numbers on RFID tags and communicate with the library's ILS to complete checkout of materials, display title information, display checkout status for each item, and turn off security bits when appropriate. 5. Software must allow checkout of multiple items simultaneously. 6. Self-checkout station must indicate at-a-glance which items have been successfully checked out and which items have not and display pass-through ILS messages. 7. Software must be capable of processing RFID tags or item Barcodes during the same transaction. Page 5 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 8. Software must be able to read multiple tag data formats without impacting performance. 9. Self-checkout must have a streamlined workflow requiring as few as three steps to complete a single item checkout transaction, providing a faster and more convenient experience for users. 10. Interface must allow a "Finished" button to clear the screen after a transaction to protect a patron's privacy. 11 . Patrons can review items checked out on their records and renew items at the self-checkout stations without having the items in hand. 12. Software must have customizable instructions and graphics that can be configured by library staff without going back to the vendor. 13. Each self-checkout unit must be able to display a minimum of two languages (English and Spanish) on headers, instructions, messages, and receipts. 14. Self-checkout must support customizable, strategic display of URL- based screen elements (e.g. browser-based applications, calendar, map, announcements, marketing and ads, social media, and other URL-based elements. 15. Self-checkout must have a customizable interface to fit the library's specific workflow and aesthetic preferences. 16. The library must be able to make configurations at the system, branch, or terminal level. 17. Self-checkout must have the ability to print a patron receipt. A printed receipt should be customizable to incorporate library name, logo, location, and hours. 18. Patrons shall have the option to print a receipt or not, have the receipt emailed or both printed and emailed. 19. Self-checkout kiosks shall be customizable with paint color options or graphic wraps of the library's design. 20. Self-checkout must block a patron attempting to check out when the ILS determine that the maximum outstanding fine/fee threshold, as determined by the library, has been exceeded. 21 . Self-checkout shall provide at least 90% first time user success for library patrons. D. Mobile Inventory Device: 1 . Mobile device must communicate wirelessly in real time with the library's ILS via SIP2. Page 6 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 2. Via wireless SIP2 connection, mobile device must quickly deteck, and report shelved items in an exception status, based on the staff member's search parameters. 3. Mobile device must be able to load a list of item ID's from the library's ILS to facilitate locating the listed items on the shelves. 4. Mobile device must be able to gather and store item identifiers (barcodes) for inventory processing. 5. Mobile device must be able to identify items with security bits "OFF" and flip them "ON" automatically. 6. Mobile device must be able to detect materials that are in the wrong call number range and/or in the wrong collection. 7. Mobile device must be able to scan checked-in items on shelving carts to identify any items not checked in. 8. Mobile device wand must be lightweight, ergonomic and reach top and bottom shelves easily for scanning. 9. Mobile device wand must facilitate a user-friendly screen display for easy viewing and navigation of menus, settings, messaging, exceptions, and list loading. 10.Mobile device wand and tablet must operate on batteries for at least six hours in normal mode or four hours in boost mode before recharging. 11 .Mobile device must offer audio and visual alerts. 12.Mobile device's portable handheld RFID reader must use an anti- collision algorithm that does not limit the number of tags which can be simultaneously identified and read. E. RFID Tags: 1 . RFID tag performance must be guaranteed for the life of the item to which the tag is originally attached. 2. RFID Tags must comply with ISO 28560-2 per NISO RP-6-2012 which specifies ISO 18000-3 Mode 1 RFID tags. 3. RFID tags must provide both item security and inventory control functionality. RFID tags must enable the security status to be stored directly on the tag and must trigger an immediate alarm if an item not charged is read by the detection systems. 4. RFID tags must operate at 13.56 MHz. Page 7 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 5. Contractor must provide RFID tags with a minimum memory of 1,024 bits. 6. RFID tags must be adhesive-backed and adhere to library materials without the addition of an adhesive cover label/tape. 7. All data on the RFID tag, including the item identifier field, must be fully rewriteable. 8. RFID tags must support the option to lock the item ID field. 9. RFID tags must enable the AFI setting to be stored directly on the tag as defined in ISO 28560-2. 10.Contractor shall provide recommendations for handling multi-part sets of CD's and DVD's to offer the most effective item security and efficient handling. 11 . RFID tags must be usable with an anti-collision algorithm that does not limit the number of tags which can be simultaneously identified and read. F. Credit Card Terminals: 1 . Credit Card Terminals shall have the ability to attach to self-check unit. 2. Self-checkout stations must offer options for paying fines with credit/debit cards. 3. Credit/debit card payment gateway must interface with library's payment processor. 4. Credit/debit card processing must be PCI compliant. 5. The fines and fees system shall utilize a seamless user interface that is integrated into the self-service process. 6. Credit/debit card processing must provide a receipt. G. Receipt Printers: Specifications 1 . Thermal line 2. AC 120/130 volt 3. Media sizes- Roll (3.15"), Roll (2.3") 4. USB, serial interface 5. Monochrome 6. Auto Cutter Page 8 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 H. RFID Tag Dispenser: Specifications 1 . Compatible with the size of the book and Hub tags 1.3 Work Site and Conditions The work shall be performed at: Library Address Zip Code La Retama Central Library 805 Comanche Rd 78401 Ben F. McDonald Library 4044 Greenwood 78416 Owen Hopkins Library 3202 McKinzie Rd 78410 Janet F. Harte Library 2629 Waldron Rd 78418 Dr. Clotilde P. Garcia Library 5930 Brockham ton St 78414 Anita & WT Neyland Library 1230 Carmel Pkwy 78411 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 A. Contractor shall provide general usage training and admin/technical training for system administrators and staff. B. Contractor shall provide manuals, plus any other materials distributed during training. C. Manuals shall be available in electronic format with unlimited distribution to staff and shall be supplied free of charge. D. Corpus Christi Public Libraries will require Contractors to respond for support for the following types of issues: 1 . Expedited response when software or hardware issue is impacting the ability to provide crucial services. Page 9 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 a. First communication response - within two hours (during working hours, four hours after hours. Preferred communication method is by telephone. Contractor will email for updates after initial call. b. On-site or appropriate remote response time for solution - 24 hours service, provide temporary solution and a resolution time frame. 2. When software or hardware issue is not directly impact crucial services a. First communication response - within 48 hours. Preferred communication method is by telephone. Contractor will email for further updates. b. On-site or appropriate remote response time for resolution within five days (work week) 3. Scheduled maintenance a. First communication response - five days (work week) - email/phone b. Expected timeframe for service disruption if during library operating hours Page 10 of 10 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 Attachment B: Bid/Pricing Schedule .mus c o� CITY OF CORPUS CHRISTI v CONTRACTS AND PROCUREMENT rNconp W, DEPARTMENT BID FORM 1852 RFB No. 3287 Radio Frequency Identification (RFID) for Library Date: 12/9/2020 Bidder: FE Technologies Authorized Signatory: Scotty Gage, VP of Sales North America Item Description UNIT QTY Unit Price Total Price Group 1 1 I Software / License EA I 1 I Included in price 0 2 Implementation/Installation LUMP 1 Included in price 0 3 Support Maintenance — EA 1 $18,186.00 $17,095.00 Year 2 4 Support Maintenance — EA 1 $18,186.00 $17,095.00 Year 3 Page 1 of 2 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 is 5 Support Maintenance — EA 1 I $18,186.00 I $17,095.00 Year 4 6 Support Maintenance — EA 1 $18,186.00 $17,095.00 Year 5 7 Gates—Single EA 7 $6,127.00 $42,889.00 8 Gates— Double Aisle EA 2 $9,157.00 $18,314.00 9 Self-Checkout Kiosk— EA 6 $4,828.00 $28,968.00 Adult 10 Self-Checkout Kiosk— EA 6 $6,848.00 $41,088.00 Child 11 Self-Checkout Kiosks — EA 6 $4,828.00 $28,968.00 Combo 12 I RFID Readers/Mats I EA 40 $720.00 $28,800.00 (workstations) 13 Mobile Inventory Device EA 6 $2,590.00 $15,540.00 Total for Group 1 $272,947.00 Group 2 14 Credit Card Terminals I EA 12 $1,646.00 $19,752.00 15 Receipt Printers EA 12 Not Required $0.00 16 RFID Dispensers EA 13 120 $1,560.00 Total for Group 2 $21,312.00 Group 3 17 Tags- book EA 500,000 0.108 $54,000.00 18 Hub Labels EA 10,000 0.39 $3,900.00 Mobile Trolley 19 Retrospective Converter EA 4 FREE $0.00 Use of 4 trolleys for 3 months Total for Group 3 $57,900.00 I Grand Total $352,159.00 N. W- Page 2 of 2 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 Attachment C: Insurance Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. 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 $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' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 3. 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. Page 1 of 3 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 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 an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. 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 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 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, 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. Page 2 of 3 DocuSign Envelope ID:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 5. 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. 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. 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 agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 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:8B84F683-EOB2-43CE-AFD7-8B3E8358E804 Attachment D: Warranty Requirements Gates will be warranted by manufacturer. Page 1 of 1 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 05/18/21 1852 Second Reading Ordinance for the City Council Meeting 05/25/21 DATE: April 21, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Special Permit Time Extension for a mixed-use development at or near 4130 South Alameda CAPTION: Zoning Case No. 0321-04, ERF Real Estate, Inc.: (District 4) Ordinance amending Zoning Ordinance number 031728 by adding a twenty-four (24) month time extension to the special permit time limit initially approved. SUMMARY: The proposed use is speculative commercial and residential mixed-use development. BACKGROUND AND FINDINGS: The subject property is 6.82 acres in size. The subject property is currently zoned "RM-1/SP" Multifamily 1 District with a Special Permit and consists of newly vacant property. Planning Commission and staff recommended approval of the time extension. Conformity to City Policy The subject property is located within the boundaries of the Midtown Area Development Plan (ADP), formerly known as the Southeast ADP and is planned for high density residential uses. The special permit extension is generally consistent with the adopted Comprehensive Plan (Plan CC) and does not warrant an amendment to the Future Land Use Map. The proposed special permit extension is compatible with neighboring properties and with the general character of the surrounding area. This special permit extension does not have a negative impact upon the surrounding neighborhood. Public Input Process Number of Notices Mailed 37 within 200-foot notification area 5 outside notification area As of April 21, 2021: In Favor In Opposition 1 inside notification area 3 inside notification area 0 outside notification area 0 outside notification area Totaling 3.02% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the Special Permit Time Extension Request for an additional 24 months for Zoning Ordinance number 031728 on March 17, 2021. ALTERNATIVES: 1. Denial of the Special Permit Time Extension Request for an additional 24 months. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the change of the zoning request. 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. 0321-04, ERF Real Estate, Inc.: (District 4) Ordinance amending Zoning Ordinance number 031728 by adding a 24-month time extension to the special permit time limit initially approved by City Council. 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 request by ERF Real Estate, Inc., submitted prior to the initial special permit expiration date, fora twenty-four (24) month time extension to a special permit with Zoning Ordinance number 031728, as shown in Exhibit "A"; 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. That Zoning Ordinance 031728 is amended by adding a 24-month time extension to the 24-month special permit time limit initially approved, thus extending the total special permit time limit to expire April 1, 2023 unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy or UDC compliance has been issued. SECTION 2. 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 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. 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 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall become effective upon publication. Page 2 of 4 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 3 of 4 Exhibit A Case No. 1218-01 Carmelite Sisters: Ordinance rezoning property at or near 4130 South Alameda Street from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1), the "RM-1" Multifamily 1 District (Tract 2), and the "CN-1" Neighborhood Commercial District (Tract 3) WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Carmelite Sister("Owner'), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, December 12, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the"CN-1" Neighborhood Commercial District and on Tuesday, February 12, 2019, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Carmelite Sisters ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lot 1, Block 1, Carmelite Home Tract, located on the north side of South Alameda Street, east of Carmel Parkway, and west of Everhart Road (the "Property"), from the "RS-6" Single-Family 6 District to the "RM-1/SP" Multifamily 1 District with a Special Permit (Tract 1), to the "RM-1" Multifamily 1 District (Tract 2), and to the "CN-1" Neighborhood Commercial District (Tract 3) (Zoning Map No. 043038), as shown in Exhibits "A", "B", and "C". Exhibit A, is a metes and bounds description and map of Tract 1 of the Property, and Exhibit B, is a metes and bounds description and map of Tract 2 of the Property, and Tract C, is a metes and bounds description and map of Tract 3 of the Property. All are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner 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 are as defined by the Unified Development Code (UDC) in Section 5.1.5.E "Medical Facility" except blood plasma donation center, Minor Emergency Center, or Hospital, Section 5.1.4.0 "Office", Section 5.1.4.F "Restaurant" except for restaurants with a drive-through or drive-in facility as an accessory use, and Section 5.1.4.G "Retail Sales and Service" except convenience goods. 2. Driveways: The crossing for vehicular access over the Carmel Parkway drainage ditch is prohibited. 031 '72.8 .qC;ANNED 3. Dumpsters: All dumpsters or refuse receptacles shall be screened from view from any public right-of-way. 4. Lighting: All lighting must be shielded and directed away from single-family residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be limited to 6:00 AM to 9:00 PM. 7. Landscaping: In lieu of a standard buffer yard, a yard consisting of a row of canopy trees with a minimum of a 2 '/2" caliper shall be placed 30 feet on center along the property line shared with the drainage ditch. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1218-01 Carmelite Sisters\Council Documents\Ordinance_1218-01 Carmelite Sisters.V.2.docx Page 2 of 9 That the foregoing ordinance was read for the first time and passed to its second reading on this the `day of irUCC12(, 019, 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 they day oY-MLA--VCA-\-,2019, by the following vote: Joe McComb JU0 Michael Hunter Roland Barrera j4p Ben Molina Rudy Garzaal - Everett Roy 6L A Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of "I ► 1 2019. ATTEST: V11 L eC Re ecca Huerta McComb City Secretary or EFFECTIVE DATE Page 3 of 9 Exhibit A STATE OF TEXAS COUNTY OF 14UECES EXHIBIT TiitAC'f I Field notes of a 1.990 acne tract,for the purpose of rezoning„nut of Let I.Block 1,Cartnelioe Borne Trea,ars shown on a map recorded in volume 41,Page 80,Map Records of Nueces County,Teems.Said 1.090 acre tinct being more particularly described as follows` COMMENCING at a paint in the intersection of the mrtheast right of way of Satoh Alameda Street and the cutback in the,northwest right of way of Evedw Road,for a dontrrton outside comer of Lat I and of Tract 3,THENCE with the ounimon line of the northeast right of AW ofSad Alameda Street,of ort I and of Tract 3,North 31'06'90"West,a distance o(468.79 feet to a point for the common west corner of Tract 3,of this tract and(or the POINT or BEGIN Nl,TIG THENCE with the oonurton line of the northeast right of way of South Alameda Sueet,of Lot I and of this tract.North 31°06'00"West,a distance of 100.00 feet w a point for the cornmon West comer of 75 fuut City of Corpas Christi drainap right of way,of W I end of this uwL THENCE with the common line of said 75 That drainage right of way.of Lot t and of this Wiwi,North 58154'00"Fast,a distance of 475.00 feet to a point far the north comer of this tract,from WHLNC'E the norittesaa corns of W I beers,forth 58°54'90"East.a distance of 538.42 feet. THENCE Sough 31°06'00"East,a distance of 100.00 fen to a pont for the canaooe east comer of Tract 2 and of this tract. THENCE with the oon unan line of Tract 2 and of this tract,South 58154'00"West,at a disatnee of t 80.68 feet pass a point for the common north corner of Tract 2 and Traet 3,and in all a Intel distance of 475.00 feet to the POINT of BEGINNING,and containing I.M acres of land,more or less. Notes: I j Bearings are based on s worded plat in Volume 43,Page 80,Map Records o(Nueces County.Texas_ 2.)A Map of equal date accompanies this Metes and Bounds description. 3.}Set 91"to-bar=steel re-bar set with yellow plastic cap labeled Brimr Surveying. 4.]This exhibit does not represent an nor the gratind boundary wavey. 1,Romald F Brister do hereby certify that this exhibit of the property legally descrrined herein is co nvo 10 the best of my krtewlodga and belief. .} �. Ronald E.Brister,RPLS wo.547 Date;February 26,2019. SOF? *: � •s RrjN�.4b[,ERISTER, Jolty Se.190330A Page 4 of 9 EXHIBIT OF TRACT 1 BEING A LM ACRE TRACT,FOR THE PURPOSE OF REZONING,OUT OF LOT 1,BLOCK 1,CARMEr.M HOME TRACT,AS SHOWN ON A MAP RECORDED IN VOLUME 43,PAGE W MAP RECORDS OF N1fECES COUNTY, TEXAS. 2 v(a EXHLBIT A-22 6 r. m REMAINDER OFlOr1 SCALE L'=eu ��R � n 53l'06'00'E 103.D0' I I I TRACT 2 i OF LOT t I I� I` +�O � i TRACT t z V r ; L.M ACRES it 1 47.500&F. og � I ? z i f TRACT 3 L in I OF LOT I I I I I I i i I COMMON UUMDEctmKIR ----- OF LOT IAND OFTRAC[3 BEARS,S31'06 OD'E 46l,7V �13VW00'W 10D.W P.O.B. SOUTH ALAMEDA STREET w RIGHTOF WAY O=PROPERTY CORNER PAae wf Brister Surveying 1)TOTAL ANEA OFNOIIN rb IMALM "O% II'R Rw[I hie URN une feM N Utz,�1RBD BCARIr�ktR rAYRDOe etCVNOkr Ce1M CMY.T-7"l: NUrn Yauwe.1.14UR.NLMV'N6tOrlY9N 41YYItl6►lid wE[escaMY TEA" P.m Im lm LIMY RT ItLIAN.SRYL NW WI'1.'11NTN YliLV� 6Ytn.nglnp,w}u,.ieeen rwilt CARABCLw=wft% lIRYYPaO f:.A/YWmNa.lanboo ago I1TlgeawrnrolSVVTNC►Ri1fTTAYOYT! ONDRMDrDtNDMTlUIVtY. y.� �r1{1��y• 71Ri!%MrITODC3�R1i 1VC.U37R ITR NIAtANCre. •RNI•• G 1 171 tASCVlNIA NIOM Irt rtAYl(NI llTI{TI><.aVTNIi ... � 99107] •NorrarY •• � IRONALOGrwliliR wiltarr ccmilmAT nd*"l"ff QfTNC"bw=TYLAr.YLY N qED PEARS SCONNECT TOME BEST ON NY � tA,+areurT. FFBit VARY T3,MR r.ereer.An JOB NO.tK11J0A HOKMb E.99MM R P L N NO"wr Page 5 of 9 Exhibit B STATE OF TEXAS COUNTY OF NUECES EXHIBIT _E3-] TRACT2 Field notes of it 1.093 acre tract,for the purpose of rezoning,Out of Lot 1,Block I,C o mtelite Home Tract,as shown on a map recorded in Volume 43,Page 80,Mop Records of Nucoes Couray.Texas:Said 1.093 acre watt being more particularly described as follows. CGMDU LACING at a point in the intersection of the northwest right of way of Everlm Rid and the cutback in the nmethean right of way of South Alunado Stant,for s oamnon outside eornesr of Lot 1 and of Tract 3.THENCE with the comma line of the eonhwest right of way of Everhart Road,of Lot I and of Pratt 3,N uM 28°51'29'Gast,a distance of 322,65 feet to a point for the oomom south corner of Tract 3,of this tract and toe the POINT of BEGINNING. THENCE with the eornenon lime of the Traci 3 and ofthis tract.North 31°06'00"West,a distance of 315.88 feet to a point in the southeast line of Tract 1,fbr the Common north comer of Tract 3 and of this tract, THENCE with the common lime of Tract I and this mut,North 38154'00''East,a distanococ of 180.69 feet to a point for the Ooernon cast caner of Tract I and Of this traeL THENCE South 31°06'00"East,a disramot of 211.39 feet to a point in the common litre ofthe northwest riot of way of Everhart Road and of Lot I,and for the east coma of this tract,from WHENCE the east corner of tat I hews,Nath 28°51'241"Fad,a distance o(621.99 fest. THENCE with the commit lite of the northwest right of wav of Everftart Road,of Lot l and of this tract,Satoh 28°51'29"West,a distance of 209.72 feet to the POINT at BEGINNING,and containing 1.043 aces of land,mope or less. \lolex: i.)Bearings are based on recorded plat in Volume 43,Page 80,Map Records ofNwces County,Texas 2.)A Map of nquat date a000rnpan!es this Metes and Bounds description. 3.)Set its"re-bo=steel re4w set with yellow plastic tags labeled Brister Surveyintg. 4.)This exhibit does not represent an on the ground boundary stervey. 1,Ronald E Brister do hereby cenify that this exhibit of the property IepUy described herein is zmatact w the best of my knowledge and belief. ... L Ron ' a .9aiste3,RPLS No.SAOT Date:February 2&2019. ,c�oFr �w-fit k111NF1.R.E�!!;lTEB. klb r+ta 190330E Page 6 of 9 EXHIBIT OF TRACT 2 BEING A I.M ACRE TRACT,FOR THE PURPOSL OF REZONING,OUTOF LOT 1,BLACK 1.CARMELITE HOME TRACT,AS SHOWN ON A MAP RECORDED IN VOLUME 43,PAGE 80,MAP RECORDS OF NUECES COUNTY,TEXAS, FYFueIT B-2 TRACT I OF LOT I SCALE V-(A NSB°34'WE ISQ69 1 REMAINDER OF LOT I TRACT 2 _N I-M ACRES 47,432&Y. TRACT'3 f OF LOT 1S' `F �0 s 4T` tP, i i OE =D*olp2RTV CORNM rn4t2urx Brister Surveying I.ITOL,LARFwos OR.R,T IS.DY NLlii 21 YFRFF.RCD RFMIRuwRF FUEoaR RFYIOROFD C.M.,F-TYRr I ixe11 MwT IX fOWYLO.F,tOLR YM RFF:ORDFOF tdF-ORIu.Tmi 1111 RLOSfmuRT'.TClfwt W WA1F,m al FFTiR'RCRAR AFLAWU awR =JR O„:,unhlyc.twFasdeaen sl IYIF FWIYT DOFF ROT Ri►RRR.%[M OR 7YF L'm a{�rRa 1R19Y7 * QROlRD Y1FR4aRYR1:RVFY ...'T nwEayRYrk.0 Ror ""F MLONVITL IRYF'diF6A71OR.ORIr W.VLQ URUnM TM poop9 T1 RYRROF WAYtORIiTR1TtFOXT16 rROFRRFr. ML wm nn&cYO[RRYFQ ODX[RFRY m1TlV 1NAT . TFXF Llaws mm XR@F7TYLFTHL2 DFK711EDGE OD S Y DORRicaT4 TY[sOTOFYY �R+dO0tEDGE a*D DElrti FEBRUARY SE,M19 "•tj1 L POB NO.190330B ROM E-MRfFR RJ�.S.NR TIM Page 7 of 9 Exhibit C STATE OF TEXAS COUNTY OF NUECES EXHIBIT C-1 TRACT 1 Field notes ofa 2.748 etre feast,for the purpose of rezoning out of Lot I.Block 1,Carmelite flame Ttaot as shown oa a map recorded in Volume 43,Page 80,Map Records of Nines County,Taus.Said 2.706 acre tract being mote palticulorlly,described as follows. BEGINNING at a point in the iteterwWwrt of the northeast right of way of South Alarnoda Shed will the ctaback in dtc north-AIM right of way of Everhart Road and for a common outside comer of Lot 1 and this tracl. THENCE with the common line oflhe northeast r&of way or South Alemedu Sowt,Lot I and this tract,North 31°06'40"'West,a distance of 468.79 feet to a point for the common west owner of Tract I and of this tract,from WHENCE the common went corner of Tract 1 and of Lot 1 bears,North 31°44'00"West.a distance of 100.40 feet. THENCE with the common line of Tract I and this tract.North 38034'00"Ears,a didanee of 294.32 Feet W a point for the common north comer or Tract 2 and of this tract. THENCE with the comretom line ofTract 2 and of chis tract,South 31°04'00"East,a dismw of 315.811 foes to a point in the common line of the northwest rig n of way of Everhart Road and of Lot I,and far the east corner of this tract,from WHENCE the east comer of l.ot 1 bears,worth 28°51'211"F.as4 at a distance of 208.72 fest pass a poim far the east corner of Tract 2.and in all a total distance of 830,70 foes. THENCE with the earmnort line of the northwest right of way of Everhart Road,Lot 1 and this tract. South 28'51.28"West,a distance of 332.65 Ext to a point in the inkrsectiwn of the northwest right or way of Everhart Road and the ctrdtack in the northeast right or way o(5ouih Alonatig Suttaet.for a common outside caner of Lot I and this tract,and for a point of cu vature of a curve to the ri&having a radius of 10.00 deet. THENCE with the enrranon line of said cutback,said curve to the rigN and this tract,a chord beating of South 88`46'01"West,a chord distance of 1731 feet and a alae disrance of 20.93 feet to the POINT of BEGINNING,and ednnsrunB 2.786 acres of lard,more or less. Notes: 1.)Bearmgs are based on recorded plat in Volume 43,Page 8%Map Records of Nuems County,Texas. 2.)A Map of equal dare accompanies chis hetes and Bounds description. 3.)Set 54"re-bra-steel re-bar sal with yellow plastic cap labeled Brister Surveying. 4.)This exhibit does not represent am on the ground boundary survey. 1.Ronald E Bristar do Iwnby certify that this exhibit of the property legally described herein is currect to the b81_t of my knowledge and bel ief Ronald. .Heister,RPI.S NO,5447 Date:Febnuuy 26.2019. tr ,~...a..F... AGNALD E BRISTEIR s r. . J.*No.19010t: Page 8 of 9 EXHIsrrOF TRACT 3 BEING A 2.708 ACRE TRACT,FOR THE PURPOSE OF REZONING,OUT OF LOT 1,BLOCK 1,CARMELITE HOME TRACT,AS SHOWN ON A MAP RECORDED IN VOLUME 43,PAGE 80,MAP RECORDS OF NUECES COUNTY,TEXAS. a txH[Isrr G2 TRACTt SCALE = OF LOT t _z N38'54!1717'1✓294.32' I I 1 1 I ( W Ct I TRACT x 2RAC1.3 $ OF LOT I 2.MB ACRES m L I 117,931 S 1. u a — I G C7 $ it dl tTl I I 'moi I �V.p.4�SOP di x-low L.nu 'm.IT at Ri.IMINSI, O 7'ROFERTY OMNER .SRR N WWI RSI PA4l=W' Brister Surveying i.1 WEAL D&L-AIAitlYSIS:u ACRtR qC3 Suri MosWtlO,v S,As SI M TI% LDRLAR1P.=*Cusul WR9p1INDr LL1 CuppCSN Tom,U,ei MITI% IIM RLCC11D5 p' r.j&I wIm 11 Wl IC ID RL4 TUNS i YRJiIdl4lq.' lI SLawr-Asm CAP AWIXII RIS A°SU hA%ey,NM Ri.Io1LRW �� �g UNM11110MMDSS%GY RSNII'SIiRA%0%TIIC •T GIDLM1D ROIPIDARY SL'RT4Y ®'• R THISLKHIDTDQi%DT ImmuDETHE ar ALL npgmH. NOMALQEBRt5if8 MMNTmn TiRSGHTOYwwnORITILLTIISD%TSQ .....;..i.. �........_ l7WRRTY. I.mm4LDLl11179]I9DHRxSITYClHHlT IHAI THIS LKHIwT Q THR Mona"LHIIALLY LRSCRwm HLRRI%ISLDRRlLTTOT2mzm twm K%DNTiDfc A%DRD.wl. Ill,f FEBRUARY 7i,21It9 , + F��="� lOB?IO.LA11]OC' R ALDE WIPP R.►LS H6 T+9T Page 9 of 9 r•� y u ' M1 �I C CS�r� w C rdmr a F. 49 • t t , 139 e e CASE: 0321-04 Aerial with Subject Property SU EN-,? lR ID Prop-LY +� '•'fie a Scale: 1:9400 F '' Of cmim LC]CAT!(]ihF MAP °.,� PLANNING COMMISSION FINAL REPORT Case No. 0321-04 INFOR No. 18ZN1032 Planning Commission Hearin Date: March 17, 2021 r_ Owner: ERF Real Estate, Inc. o Applicant: ERF Real Estate, Inc. u .� Location Address: 4130 South Alameda Street a N Legal Description: Lot 1 , Block 1 , Carmelite Home Tract, located on the north Q °� side of South Alameda Street, east of Carmel Parkway, and west of Everhart Road. Request: Special Permit Time Extension of 24 months Area: 6.82 acres io Purpose of Request: To allow for market conditions to be conducive for future commercial neighborhood development. Existing Zoning District Existing Land Use Future Land Use "RS-6" Single-Family 6, "RM-1" Multifamily-1, "CN- Site 1" Neighborhood Vacant High Density Commercial, and "RM-1 Residential SP/19-03 Multifamily-1 a with a Special Permit" Permanent Open '_ �' North "RS-6" Single-Family 6 Park and Vacant Space and Medium io and Drainage ROW Density Residential CM J "RS-6" Single-Family 6 Commercial and Commercial and N South and "CG-2" General Low Density Medium Density X Commercial Residential Residential LU "RS-6" Single-Family 6 Park and Low Permanent Open East and Drainage ROW Density Residential Space and Medium Densit Residential "CN-1" Neighborhood Commercial and West Commercial Professional Office Commercial Area Development Plan: The subject property is located within the boundaries 06 of the Midtown Area Development Plan (ADP), formerly known as the a Southeast ADP and is planned for high density residential uses. The current M ° zoning is generally consistent with the adopted Comprehensive Plan (Plan -T CC). Q > Map No.: 043038 Council District: 4 Zoning Violations: None Staff Report Page 2 Transportation and Circulation: The subject property has approximately 570 ° feet of street frontage along South Alameda Street which is designated as an "A2" Secondary Arterial Street and has approximately 1 ,140 feet of street ° frontage along Everhart Road which is designated as an "A1" Minor Arterial a N Street. According to the Urban Transportation Plan, "A2" Secondary Arterial L Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Urban Proposed Existing Traffic Street Transportation Section Section Volume C; Plan Type South Alameda "A2" Secondary 100' ROW 115' ROW 12,967 ADT Street Arterial 54' paved 65' paved (2015) L C/) Everhart Road "Al" Minor 95' ROW 87' ROW Not Available Arterial 64' paved 32' paved Staff Summary: Current Zoning and Special Permit: The applicant is requesting a special permit time extension of 24 months to allow for future neighborhood commercial use. Unified Development Code Section (UDC) 3.6.6 and 3.6.7. requires the property owner or applicant to apply for extension for their special permit before the expiration date of their special permit. Expiration date for this special permit is April 1 , 2021 . Adopted Special Permit Language: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.2.A "Household Living", multifamily uses are allowed by-right at a maximum density of 22 dwelling units per acre, Section 5.1.2.6 "Group Living" except boarding, rooming, or lodging house or dormitory, Section 5.1.5.E "Medical Facility" except blood plasma donation center, Minor Emergency Center, or Hospital, Section 5.1.4.0 "Office", Section 5.1.4.F "Restaurant" except for restaurants with a drive-through or drive-in facility as an accessory use, and Section 5.1.4.G "Retail Sales and Service" except convenience goods. 2. Driveways: The crossing for vehicular access over the Carmel Parkway drainage ditch is prohibited. 3. Dumpsters: All dumpsters or refuse receptacles shall be screened from view from any public right-of-way. 4. Lighting: All lighting must be shielded and directed away from single-family residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. Staff Report Page 3 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be limited to 6:00 AM to 9:00 PM. 7. Landscaping: In lieu of a standard buffer yard, a yard consisting of a row of canopy trees with a minimum of a 2 '/" caliper shall be placed 30 feet on center along the property line shared with the drainage ditch. Additionally along the shared property line, a solid visual screen consisting of a hedge of plants shall be placed between the trees at least 3 feet in height. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Development Plan: The subject property is 6.82 acres in size. The owner is proposing future development of the property. The vacant property was the location of an assisted living facility originally built prior to the former Corpus Christi Zoning Ordinance, which had been in operation until late 2017. The property had been on the market for sale since the closing of the former nursing home and has garnished a great deal of interest from multiple parties. The building has since been demolished in late 2020. The interest has ranged from grocery stores, convenience stores, fast food restaurants, boutique hotels, apartments, etc. According to the owner, to make the property more marketable the property will require the special permit to be extended in order to accommodate its future use. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single-Family 6 District, "RM-1", "RM-1 SP/19-03", and "CN-1" and has recently become vacant land. The subject property was annexed in 1962 and is vacant. Mount Carmel Assisted Living Center was built in 1953 and designed to look like a Spanish mission. The vacant property was the location of the facility opened in 1954 and was the only assisted living center in Corpus Christi until 1997. To the north is a drainage right-of-way approximately 75 feet in width that is a portion of Carmel Parkway. Adjacent to the drainage ditch is the extension of Carmel Parkway approximately 40 feet in width. North of Carmel Parkway is a residential neighborhood (Lamar Park Unit 9, 1955) zoned "RS-6" Single-Family 6 District. To the south is Everhart Road. Across Everhart is a commercial shopping center (Town & Country Shopping Center) zoned "CG-2" General Commercial District. Also across Everhart Road is a residential neighborhood (Alameda Estates 2, 1945) zoned "RS-6" Single-Family 6 District. To the east is Everhart Road. Across Everhart Road is a Staff Report Page 4 residential neighborhood (Alameda Estates 3, 1948) zoned "RS-6" Single-Family 6 District and Lamar Park. To the west is a commercial shopping center zoned "CN-1" Neighborhood Commercial District and consists of a jewelry store, professional office, a bank, and a liquor store. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch PVC line located along South Alameda Street in front of the subject property. Wastewater: 8-inch VCP line located along South Alameda Street in front of the subject property. Gas: 2-inch Service Line located along Everhart Road in front of the subject property. Storm Water: Inlets located to the south along Everhart Road and the Carmel Parkway ditch to the north. Department Comments: • The proposed special permit extension is generally consistent with the adopted Comprehensive Plan (Plan CC) and does not warrant an amendment to the Future Land Use Map. • The proposed special permit extension is compatible with neighboring properties and with the general character of the surrounding area. This special permit extension does not have a negative impact upon the surrounding neighborhood. • This site previously consisted of an assisted living facility, built in 1953, that held historic value and was a character defining building for the South Alameda Street corridor. Since the rezoning, the building was completely razed. • Planning Commission approved staff's recommendation to approve the initial zoning request of "CN-1" Neighborhood Commercial • City Council unanimously approved a special permit in lieu of the "CN-1" District on March 26th 2019, after city staff and the surrounding neighborhood had drafted a special permit. Planning Commission and Staff Recommendation (March 17, 2021): Approval of the extension of the special permit "RM-1/SP" ordinance number 031728 for another twenty-four months. Staff Report Page 5 Number of Notices Mailed — 35 within 200-foot notification area 5 outside notification area As of March 12, 2021: = In Favor — 1 inside notification area ° — 0 outside notification area ca In Opposition — 3 inside notification area ° z — 0 outside notification area Totaling 3.02% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 6 Q� z R S•6 v� 9�`P SUBJECT ! X � 9 �PRO 9� C ,/ PIS2� ;� SCC G'-2T R CH-f `a CO-2 CN-1 !r'4 J �f' a x ON C G- m CHi Md.34 a /pmwmsev=w➢R r no crawoop .. xYs At CASE: 0321-04 SUBJECT PROPERTY WITH ZONING 1-7 fW•1 Yukrrlrl IL uV1.4u.t9'.f RY.a Y.wrwlra x �.e.rxw..er �w aR.r r.wrwfrs v...v.wMY px P. -AT Fws. Rs•1V 1+�+,Yrnk 1V FM-AY Y.wr.rlr AlAT R'ri ��'�CfYYa'E`1 cN-1 M bghb.1M.d C.rr.r. . R84.6 Skpa>Frr4l.i Cr•f fMMRrx M.CCommorc l R.r-YF TO-FVrfr CR•1 61.MNC.r.r.mM1 Rr-fa arrlFFrR 1s Cr,: w`C.riarraMf � M.M.n41 E.tY. __ _-�e• C>rr.rrrRS 7M TOrRnau. �'y� _- -- .Orr•.M.l sp r e ITIMCrs sCOlIW VOW*Psf1. -_-- ..-n,Fern.C��. aM1 Rrx N.vyt.plur.a xvm. K - w. '. City of CDCATION MA. �at1 Staff Report Page 7 Fa�� e ons with t leabild 8s orssetas�u 361)82 who horns antes de a iun�mene u al ieoart ienci6o the cssbr a est7en'Sin ue planning g y require ec+ai services,are re ,�e-ta artmert at least d8 hours in advance®t(3611 8Z6-32417. rias Dort into and i sato junta y sue de desarrallcal M 324[, ____ tf you wish to address the Commission during the meeting and your English is IrnW,please call the Development Sevice8 Department at(361, 826-3240 at least 48 hours in advance to request an interpreter be present during the meetingSi_u�[eg._gesda d rigirsa a Ia C..-Ma.;;;.n ,,;n: 18 - - Write v Au s Ids r gin favor de 91 mar al ra eta nto da sero rids de desarrgilo al-r-1m,0rQ(3�1)92F 3240 ai mends aB r. ras antes de I0 "ui rile Dara sp6plar un inleryrete ser resentduran e la unto. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning tease No. 0329-04 ERF Real Estate,Inc.has petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request on the property desC^bed below 4130 South Alameda Street and Lot 1,Block 1.Carmelite Home Tract, located on the north side of South Alameda Street,east of Carmel Parkway,and west of Everhart Road. The Planning Commission may recommend to City Council approval or denial or approval of an intermediate zoning classification and/or Special Permit.Approval of a change of zoning,if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held Wednesday. March 17 2021 during one of the Planning Commission's regular meetings, which begins at 6:30 fs.m. In the City Counci' Chambers 1201. Leopard Street, PUBLIC COMMENT; To reduce the chance of COVIN- 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 commentf 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 octexas com/departmentslcity-secretary,and shall be e-mailed to the following e-mail address. CatherineG@cctexas.com andlor CraigG@cctexes.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 sha I 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 heanng for purposes of any puglic_heanng reguirgmen un er TO BE ON RECORD THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND WAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P, O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277 ANY INFORMATION PROVIDED Br-LOW BECOMES PUBLIC RECORD NATE: In accordance with the Planning Commission By-Laws, no discussion shall—be—held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,elither at home or office or in person.by telephone all or by letter. Printed Name_ lrr SAI( Address. S ' ( ) IN FAVOR (t.�41<CPPCSiTION Phone ALL—L,/J � �0 qJ REASON: Signature SE MAP CN REVEtPSE 5101 Casa No 0321-04 INFOR Case I tProject Manager Craig Garrison Property Owner p Z4 Erna it Cra cctexas tom Staff Report Page Date of Meeting 03-17-2D21 Name Russell Douglas Address street Address:4225 Estate Dr City: Carpus Christi State f Provi nce:Texas Pnstal f dip Cade:7&1412 Country: tlnrted Mates Topic Public comment: Rezoning Case No.Q321-04 ,�gendaNumber Case#t 0321-D4 Describe Feedback: As owner of multiple single family homes within the area of the proposed Rezoning case NO. 0321-04, I am apposed to zoning of the property as Nlulti- Family SRM-1 Based an the map provided with the notice that I received). The surrounding neighborhoods are all single family dwellings, A multi-level apartment complex, which I assume is the Harm fnr Rh+1�1 zoning, is Hat conducive to the entire surrounding neig}�barhaod homes and will definitely efFect their values. There are currently no apartment complexes within this area-the nearest one being behind the HEH at Robert and Alameda. have homes at 4202 Estate Drive,4205 Estate Drive, 42D9 Estate Drive, 4221 Estate Drive,4225 Estate Driver 4233 Clirrtvn Drive and 4229 Clin#an Drive. This rezoning request far mul#i-family housing should be denied. sincerely, Russell Douglas Provide an email to receive a copy afyaur r�st��d���r�t�rv�7de,�et submissi an. Staff Report Page 9 _STED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y SU INGLES ES LIMITA DO,AL_ ` ESTAPA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION, FAVOR DE LLAMAh A LA OFICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(361)826-3105. PERSONS WITH DISABILITIES 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 C DN INC4PA_CIDADES, QUE INTENT'AN ATENDER ESTA JUNTA Y UE RE UIEREN SERVICIOS ESPECIALES SE LES SUPLICA QUE DEN AW UF LA JUNTA LLAMA NDO A LA CIFICINA DEL SECRETARIO DE LA CIUDAD AL NUME — _ CITY COUNCIL MAY 2 0 2021 PUBLIC NEARING NOTICE Rezoning Case No. 0321-04 CR ffM7AW8 ERF Real Estate, Inc.has,petitioned the City of Corpus Christi to consider a Special Permit Time Extension Request on the property described below: 4130 South Alameda Street and Lot 1, Block 1,Carmelite Home Tract, located on the north side of South Alameda Street,east of Carmel Parkway,and west of Everhart Road. The City of Corpus Christi Planning Commission has recommended approval of the twenty-four (24) month time extension In the Special Pprmif arm 70ninrJ ordinance. number 031728, with the zoning of "RM-1/SP` Multifamily Residential 1 District with a Special Permit. The City Council may recommend denial of the extension t, the Special Permit.The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday,May 25, 2021,during one of its regular meetings, which begins at 11:30 a.m-The public hearing will be held via WebEx video conference. The live stream of the meeting can be viewed online at the following address: -vwtiv cctexas.cornlcctv.. 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 shall be provided, in writing, in the form of an e-mail limited to one page or by using the PUBLIC COMMENT FORM found here http-Vwww cctexas.comldepartments/city-secretary, and shall be e- mailed to the following e- mail address- CatherineG@cctexas.com andlor CraigG@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 heanng for ouToses_of,apublic 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 -�I•^ t IJ A2 E/Z "" Please Print ADDRESS.__�/�" �. i"'� ' r' T���c� PHONE NO. t N FAVOR ( } IN OPPOSITION REASONS Signature SEE MAP ON REVERSE SIDE INFOR Case No.: Case No.0321-04 Property Owner ID:24 Project Manager Craig Garrison Zoning Case #0321 -04 ERF Real Estate, Inc. Special Permit Extension for a Property at 4130 South Alameda Street N �ROPEPTYI � t 4 City Council May 18, 2021 Adjacent Development and Zoning Pattern o G a.a, k. ^ i e o Gia-8 ��o c° p 0 0 �o 1971 CH-I (�2> C H-I I N't (OH no-@ - IBM CH-I Special Permit Boundaries I� rtPNN�[]FA r[V5 %'AV 15t M-1 t . � iJl'O4 DVE Ippm f I I I GG l9Tl I I M-1 SP/19-0 r r s ! RM-i xxs U� TnACTI 4ANAj3U3 J� Z I TRAC�3 e z h OF LOTt CN4 I °�.. _--__ norLuln ouialor.[wntix Of ltYf l NLGCK 1RnCi 7 mai lCARi.Rr a't6'E Y6A CW-1 SOUTH AIAMEDA STREET ) 61u'MGIlT OF-AY e a Iw G-L p.1COPE4h'COiME! Public Notification 37 Notices mailed inside 200' buffer co��P� ,s 5 Notices mailed outside 200' buffer z� �i Notification Area RS-4 .Z`P N Opposed: 3 (3.02%) Separate Opposed Owners. 2 sus:recr/ - PROPERTY - Fq � as 6� 69 In Favor: 1 ,3 0 Notified property owner's land in square feet /Total square footage of all property in the z 12 - notification area Percentage of public opposition 4 Staff Recommendation Approval of the Special Permit Extension Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1 .5.E "Medical Facility" except blood plasma donation center, Minor Emergency Center, or Hospital, Section 5.1 .4.0 "Office", Section 5.1 .4.F "Restaurant" except a drive- through or drive-in facility as an accessory use, and Section 5.1 .4.G "Retail Sales and Service" except convenience goods. 2. Driveways: The crossing for vehicular access over the Carmel Parkway drainage ditch is prohibited. 3. Dumpsters: All dumpsters or refuse receptacles shall be screened from view from any public right-of-way. 4. Lighting: All lighting must be shielded and directed away from single- family residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. Special Permit Conditions 5. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 6. Hours of Operation: The hours of operation shall be daily from 6:00 AM to 9:00 PM. 7. Landscaping: In lieu of a standard buffer yard, a yard consisting of a row of canopy trees with a minimum of a 2 '/2" caliper shall be placed 30 feet on center along the property line shared with the drainage ditch. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twenty-four (24) months of this ordinance, unless a complete building permit application has been submitted or, a certificate of occupancy or UDC compliance has been issued. The Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 05/25/21 1852 Second Reading Ordinance for the City Council Meeting 06/08/21 DATE: April 27, 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 14493 Running Light Drive CAPTION: Zoning Case No. 0321-01, Mc J's and Associates, LLC. (District 4). Ordinance zoning a property located at or near 14493 Running Light Drive from the "RS-6/10" Single-Family 6 District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. SUMMARY: The purpose of the rezoning request is for a 13-unit townhome planned unit development. BACKGROUND AND FINDINGS: The subject property is 0.66 acres in size and is currently zoned "RS-6/10" Single-Family 6 District with the Island Overlay and consists of vacant property. To the north are vacant properties zoned "RM-AT/10" Multifamily AT District with the Island Overlay. To the south and east are townhome developments zoned "RM-AT/10" Multifamily AT District with the Island Overlay. To the west is are vacant properties zoned RS-6/10" Single-Family 6 District with the Island Overlay and "RM- AT/1O" Multifamily AT District with the Island Overlay. Conformity to City Policy The subject property is located within the boundaries of the Padre/Mustang Island Area Development Plan and is planned for a mixed use. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Surrounding properties have been rezoned over the past decades indicating a pattern towards high density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. The proposed PUD will allow Daily, Weekly, and Monthly rentals. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Mustang/Padre Island ADP. Public Input Process Number of Notices Mailed 33 within 200-foot notification area 1 outside notification area As of April 27, 2021: In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition Commission Recommendation Planning Commission recommended approval of the zoning to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development on March 17, 2021. ALTERNATIVES: 1. Denial of the zoning to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Vote Count: For: 7 Opposed: 0 Absent: 1 Abstai ned: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0321-01, Mc J's and Associates, LLC. (District 4). Ordinance zoning a property located at or near 14493 Running Light Drive from the "RS-6/10" Single-Family 6 District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development 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 Lot 30, Block 3, Section E, Padre Island as shown in Exhibit "A" from: "RS-6/10" Single-Family 6 District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development District The subject property is located at or near 14493 Running Light Drive. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of The Portside Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Portside Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Running Light Drive and Leeward Drive in accordance with the Unified Development Code (UDC). 3. Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. This may require the removal of parking spaces along Running Light Drive and Leeward Drive to incorporate landscaping and navigability. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. 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 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 2 of 3 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 3 of 3 I 7 . 6 .ry ^ "�yrx " ,a r � ro Al G FS V r f # ry •, �� �. •"f r. rte.. ���'"•+,�.. ry ,p. CIB.JET ' J— EI 4 mF., 'j, _t ry P i V #L Ot { .31- 71w/ ^ 4'91w.7 S9F1'. �+y e[ CASE 0321-01 E Aerial with Subjeci Property *" BJE su#E�GtID o r CNPUS LM50ORY �a lLdafiScade: f:1,600 CRYOf COiDUS TOCATIOchasu L 29, OT BLOCK 3 OWNER:GO29,STAUDER-HILPOLD DOC.NO.2004001625 BULKHEAD O.P.R.N.C.T. 0 5 b BO '..'I VIEW CORRIDOR W/ HEIGHT RESTRICTIONS GRAPH•_b�IC SCALE I LEGEND RESIDENTIAL Lor a z d a n z mnnon AREA Lor 0 £Z \ AMEN TY Lar � aY COMMON AREA LOT` y p{ UO \\\ POOL MAX.BDLDNG FOOTPRINT � 26.0 � �+4.0' P ol TRACT A AMENITY LOT OWNER:JUAN CARLO5 CALM10'YR (APPRAISAL OISTRICT) '.. PEDESTRIAN ACCESS(FIRE ACCESS) 240.0'(TWELVE ON-STREET GUEST PARKING SPACES) - LEEWARO--ORIVE. a roa77 OPEN SPACE CALCU LITIONS u — ffi­'�23 �—xe' — TAL AREA CF PUD 28,645 S.E TOTALCOMMON OPEN SPACE S]95OPEN SPACE PROVIDEDe. FOTLOT IR LOT 1] OPEN SPACE REQUIREDPARKING TABULATION PERUDC4.].16.B GUIDELINES) TYPE UDCNT QUANTITY SPACES (OOMMONIAREA) y� \ 'DWELLING LESS THAN 1,000S.F. 1.25 PER UNIT fi ].5 xr xr i,.i' 'DWELLING 1,000.1,400 S.F. 1.5PERUNIT ] 105THE PORTSIDE P.U.D. OTALsPACESRE°uIRED MASTER SITE PLAN LOT J LOi] LOT] LOT I _.- SPACESPROVIDED 1LOTIB 'DWELLING UNITS ARE WITHIN 1,500 FEETOF ATRANSITSTOP LOCATED (AMENITY) ATWINDWARD DRIVE, EXHIBIT 2 } �..e• �x*� TYPE UOCREQUIREMENT QUANTITY SPACES P'8 GUEST '*0.5 PER UNIT 1 13 6.5 3/8/2021 SPACES REQUIRED ON-STREET SPACES AVAILABLE 12 I D 5 D DB QN.BNEBPACESBEQ°IRE° IrC YORK ENGINEERING ON-SITE SPACES PROVIDED •'PER UDC4.7.16.13.GUEST PARKING MAY BE REDUCED BYTHE NUMBER OF CIVIL PLANNING CONSULTING '^• ;; SCALE PUBLIC ON-STREET PARKING SPACES AVAILABLE AMACENTTOTHESDE. x.0 p�eri,r mp vu�i�a�K. bl-u5-u,e ru,4wi<,x THE PORTSIDE SUBDIVISION PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: Mc J's &Associates, LLC Corpus Christi, Texas Submitted by: York Engineering, Inc. 6468 Holly Rd. Corpus Christi, Texas 78412 Engineer: Michael C.York, P.E. This document is released under the authority of Michael C. York, P.E. 124936 for interim review purposes and shall not be used for construction, bidding, or building permit purposes. FEBRUARY 2021 yorkeng.com 1 361.245.9400 1 Texas Engineering Firm F-22063 DEVELOPMENT DESCRIPTION Mc J's &Associates, LLC proposes to develop the Portside Subdivision Planned Unit Development (PUD)on a vacant waterfront 0.66-acre tract of land located at the intersection of Leeward Drive and Running Light Drive.The proposed development will consist of 13 single-family lots, 3 common area lots, and no commercial lots. The 0.66-acre tract of land is currently described as Padre Island, Section E, Block 3, Lot 30. The property is currently vacant waterfront property and measures 100-feet wide and approximately 285-feet long. The current zoning is RS-6 with an Island Overlay and the requested zoning is RM-AT PUD with an Island Overlay. the 1972 Protective Covenant and Landowners Agreement by the Padre Island Investment Corporation required multi-family or hotel development for this area. The concept for The Portside Subdivision is for a small high-density single-family housing group in a cottage style development. All units will be single family residences, have an allowed square foot range between 800 and 1,400 square feet,and be situated on residential lots ranging in area between 962 to 1,250 square feet. The residential lots will have frontage onto a common area lot to be used for pedestrian access, utilities, and amenities. The maximum density of the development will not exceed 20 units per acre. ADJOINING LAND USE AND ZONING The property to the North, across the canal, is currently vacant and is zoned RM-AT with Island Overlay.Adjacent to that property is a recently approved PUD with base zoning of RM-AT with Island Overlay. The property to the East, across Leeward Drive, is an existing condo/town home development zoned RM-AT with an Island Overlay. The properties to the west, and across Running Light Drive to the South are vacant and zoned RM-AT. See Exhibit 1, Development Maps Exhibit. VICINITY AND LOCATION The subject property is located on Padre Island at the intersection of Leeward Drive and Running Light Drive.The property has waterfront access to a canal on Lake Padre.See Exhibit 1,Development Maps Exhibit. SITE PLAN&LOT LAYOUT An Master Site Plan Exhibit is provided (see Exhibit 2) and provides a lot layout, conceptual unit arrangement, a shared parking lot, and pedestrian common area. Lots 1-13 are single family residential lots. Lot 14 is a common lot and consists entirely of submerged lands. Lot 15 is a common area lot which includes the shared parking lot and the shared pedestrian access and amenity area. Lot 16 is a common lot to be used for amenities. There is a View Corridor with height restrictions between the buildable footprint of Lot 13 and the bulkhead aimed at maintaining the waterfront view for the residential unit.There is a 4-foot-wide strip of common area lot 15 between residential lots 4 and 5 to be used for pedestrian access and fire protection. A pedestrian gate will be placed at this location which will be equipped for access by emergency officials as required. Pagel of 2 PARKING AND OPEN SPACE A tabular summary of parking requirements and open space calculations is included on the Master Site Plan,Exhibit 2.The parking requirements follow the Cottage Guidelines outlined in UDC 4.7.16.B. Guest parking will be available via the public parking allowed on Leeward Drive. Three golf cart parking spaces will be provided in addition to vehicular spaces required. Landscaping and/or screening walls will be constructed to screen the parking lot from the adjacent public streets. WARRANTY DEED&OWNER INFO The Special Warranty Deed for Padre Island, Section E, Block 3, Lot 30 is attached for reference. The Certificate or Formation for the owning Entity is attached for reference. MISCELLANEOUS Mc J's &Associates, LLC understands Unified Development Code (UDC) Paragraph 4.2.8.0 related to the distance of multi-family or non-residential structures from single-family areas and offers no objections to structures proposed on the adjacent tract that may be constructed in the future to no closer than 5-feet instead of the 1:2 distance ratio required in the UDC. This development will allow short term rentals. DEVELOPMENT DEVIATIONS Deviations from the proposed RM-AT zoning requirements are as follows: 1. The Yard Requirement along Leeward Drive and Running Light Drive is reduced to 10-feet. 2. Building setbacks will be 5-feet minimum at the rear,4-feet minimum on the sides,and 2-feet minimum at the front adjacent to the common area lot. 3. The minimum lot area is reduced to 962 square feet. 4. The minimum lot width is reduced to 18-feet. S. The maximum unit density is increased to 20 dwelling units per acre. Page 2 of 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS oedro Isles 0 a,n,r SITE SITE ut~R� VICINITY MAP SCALE 1"=3,000• LOCATION MAP SCALE:1',80 "- -.. �� i bolo qukk Relxence Gu tle v( ... WI(emXYO With °eMv x.� �... onn mm wehl saelw I e11tl11n er swa N nt le.l+el THE PORTSIDE P.U.D. M., '° .s ® ,n ,n 's DEVELOPMENT MAPS SITE 50 '° °° '° — '° EXHIBIT 1 ------------ M-, zivzozl CURRENT ZONING MAP N.T.S. Y YORK ENGINEERING STANDARDS FOR PROPOSED BASE ZONING DISTRICT N.T.S. °LANNING ° CONSULTING wl L 29, OT BLOCK 3 OWNER:GO29,STAUDER-HILPOLD DOC.NO.2004001625 BULKHEAD O.P.R.N.C.T. 0 5 b BO '..'I VIEW CORRIDOR W/ HEIGHT RESTRICTIONS GRAPH•_b�IC SCALE I LEGEND RESIDENTIAL Lor a z d a n z mnnon AREA Lor 0 £Z \ AMEN TY Lar � aY COMMON AREA LOT` y p{ UO \\\ POOL MAX.BDLDNG FOOTPRINT � 26.0 � �+4.0' P ol TRACT A AMENITY LOT OWNER:JUAN CARLO5 CALM10'YR (APPRAISAL OISTRICT) '.. PEDESTRIAN ACCESS(FIRE ACCESS) 240.0'(TWELVE ON-STREET GUEST PARKING SPACES) - LEEWARO--ORIVE. a roa77 OPEN SPACE CALCU LITIONS u — ffi­'�23 �—xe' — TAL AREA CF PUD 28,645 S.E TOTALCOMMON OPEN SPACE S]95OPEN SPACE PROVIDEDe. FOTLOT IR LOT 1] OPEN SPACE REQUIREDPARKING TABULATION PERUDC4.].16.B GUIDELINES) TYPE UDCNT QUANTITY SPACES (OOMMONIAREA) y� \ 'DWELLING LESS THAN 1,000S.F. 1.25 PER UNIT fi ].5 xr xr i,.i' 'DWELLING 1,000.1,400 S.F. 1.5PERUNIT ] 105THE PORTSIDE P.U.D. OTALsPACESRE°uIRED MASTER SITE PLAN LOT J LOi] LOT] LOT I _.- SPACESPROVIDED 1LOTIB 'DWELLING UNITS ARE WITHIN 1,500 FEETOF ATRANSITSTOP LOCATED (AMENITY) ATWINDWARD DRIVE, EXHIBIT 2 } �..e• �x*� TYPE UOCREQUIREMENT QUANTITY SPACES P'8 GUEST '*0.5 PER UNIT 1 13 6.5 3/8/2021 SPACES REQUIRED ON-STREET SPACES AVAILABLE 12 I D 5 D DB QN.BNEBPACESBEQ°IRE° IrC YORK ENGINEERING ON-SITE SPACES PROVIDED •'PER UDC4.7.16.13.GUEST PARKING MAY BE REDUCED BYTHE NUMBER OF CIVIL PLANNING CONSULTING '^• ;; SCALE PUBLIC ON-STREET PARKING SPACES AVAILABLE AMACENTTOTHESDE. x.0 p�eri,r mp vu�i�a�K. bl-u5-u,e ru,4wi<,x PLANNING COMMISSION FINAL REPORT Case No. 0321-01 INFOR No. Planning Commission Hearin Date: March 17, 2021 r- Owner: Mc Ts and Associates, LLC. 0 a a�a Applicant: Mc Ts and Associates, LLC. Location Address: 14493 Running Light Drive Q Legal Description: Lot 30, Block 3, Section E, Padre Island, located at the o northwest corner of the intersection of Running Light Drive and Leeward Drive. From: "RS-6/10" Single-Family 6 District with the Island Overlay To: "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a .E Planned Unit Development io Area: 0.66 acres Purpose of Request: To develop a 13-unit single-family townhome develo ment. Existing Zoning District Existing Future Land Use Land Use Site "RS-6/10" Single-Family 6 Vacant Mixed Use District with the Island Overlay "RM-AT/10" Multifamily AT North District with the Island Overlay Vacant Mixed Use o "RM-AT/10" Multifamily AT Vacant and N South Medium Density Mixed Use District with the Island Overlay Residential N J East "RM-AT/10" Multifamily AT Medium Density Mixed Use LU District with the Island Overlay Residential "RS-6/10" Single-Family 6 West District with the Island Overlay Vacant Mixed Use and "RM-AT/10" Multifamily AT District with the Island Overlay Area Development Plan: The subject property is located within the boundaries 06 u, of the Padre/Mustang Island Area Development Plan and is planned for a o medium density residential use. The proposed rezoning to the "RM-AT/10/PUD" 2 •a Multifamily AT District with the Island Overlay and a Planned Unit Development a o is consistent with the adopted Future Land Use Map which calls for mixed uses. o � Q City Council District: 4 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 250 feet of street frontage along Leeward Drive which is designated as an "C1" Minor o Collector Street and 100 feet of street frontage along Running Light Drive which is also designated as a "Local/Residential" Street. According to the Urban = Transportation Plan, "Cl" Minor Collector Streets can convey a capacity ca between 1,000 and 3,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic � Street Transportation Plan Type Section Section Volume O 60' ROW 1 00' ROW Not Leeward Drive "Cl" Minor Collector 40' paved 57' paved Available L U) Running Light Cl"" Minor Collector 50' ROW 60' ROW Not Drive 28' paved 37' paved Available Staff Summary: Development Plan: The subject property is a total of 0.66 acres in size. The Portside Planned Unit Development (PUD) is a planned community that will consist of 13 single- family townhouse lots and 3 common area lots. The development will be a cottage style with residential lots fronting a common area and all units sharing a common parking lot. Additional information may be found in the PUD documents. Minimum "RM-A T"District "RS-TH"District proposed PUD Deviation Dimensions Standards Standards Lot Area 5,000 sf. 1,600 sf. 962 sf. Yes Minimum Lot 50 ft. 16 ft. 18 ft. Yes Width Street Yard 20 ft. 10 ft. 10 ft. Yes Street Yard 10 ft. 10 ft. 10 ft. No Corner Side Yard 5 ft. 0 ft. 4 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No 1.5/ unit(1 bedroom) 1.5/ unit(1 1.5/ unit(1 Parking 2/ unit (2 bedroom) bedroom) bedroom) No Requirement 1/5 units (guests) 2/ unit (2 bedroom) 2/ unit (2 bedroom) 1/5 units (guests) 1/5 units (guests) Existing Land Uses &Zoning: The subject property is currently zoned "RS-6/10" Single- Family 6 District with the Island Overlay and has remained undeveloped since annexation in 1989. To the north are vacant properties zoned "RM-AT/10" Multifamily AT District with the Island Overlay. To the south and east are townhome developments zoned "RM- AT/1O" Multifamily AT District with the Island Overlay. To the west is are vacant properties zoned RS-6/10" Single-Family 6 District with the Island Overlay and "RM-AT/10" Multifamily AT District with the Island Overlay. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 6-inch ACP line located along Leeward Drive. Wastewater: 21-inch Clay line located along Leeward Drive. Gas: 2-inch line located along Leeward Drive. Staff Report Page 3 Storm Water: 24-inch line located along Leeward Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Padre/Mustang Island Area Development Plan (ADP). The proposed rezoning to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development is consistent with the adopted with the Padre/Mustang Island ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • 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). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Tourist-oriented business and development will continue to be encouraged and promoted by all agencies of the City as illustrated on the Future Land Use Map. This includes commercial ventures, condominiums and resorts, fishing and outdoor recreation facilities, and recreational vehicle parks (Policy Statement B.2). • The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non-residential uses. (Policy Statement B.10). Department Comments: • The proposed rezoning is consistent with the Future Land Use Map. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Surrounding properties have been rezoned over the past decades indicating a pattern towards high density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. • The proposed PUD will allow Daily, Weekly, and Monthly rentals. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. Additionally, PUDs are encouraged in the Mustang/Padre Island ADP. • As part of the rezoning process, all PUDs are reviewed by the Technical Review Committee (TRC). Concerns were raised by members of the TRC in the following areas. o Consistency with the Unified Development Code (UDC). • Specifically, in installation of sidewalks along Running Light Drive and Leeward Drive. o Availability of water service. ■ At the platting stage, the applicant will need to ensure adequate water pressure for fire protection is provided. Planning Commission and Staff Recommendation (March 17, 2021): Staff Report Page 4 Approval of the change of zoning from the "RS-6/10" Single-Family 6 District with the Island Overlay to the "RM-AT/10/PUD" Multifamily AT District with the Island Overlay and a Planned Unit Development Overlay with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Portside Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Running Light Drive and Leeward Drive in accordance with the Unified Development Code (UDC). 3. Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. This may require the removal of parking spaces along Running Light Drive and Leeward Drive to incorporate landscaping and navigability. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Number of Notices Mailed — 33 within 200-foot notification area 1 outside notification area As of March 12, 2021: In Favor — 0 inside notification area ° — 0 outside notification area ca In Opposition — 0 inside notification area ° — 0 outside notification area Z Totaling 0.00% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Technical Review Committee (TRC) Comments D. Public Comments Received (if any) Staff Report Page 5 RM-A P� 28 5 f2 S_T 10IF O �7 4 i 30 x - �,a 2 if r RM-AT 10 R 13 7 f § 19 SUBJECT f611i//i//i/i ii PROPERTY kUk Th�67 0 3 6 33 RM-AT RM- T f0 . to 10 — f� R0-nr � T S � U�U$ S- oo f � R 10 +; ch■c.anc.32n021 50p JM!B li A e]Fpartwwcaraw�aopnw r+rs V" CASE: 032' -01 ZONING & NOTICE AREA : a{ �r RR•1 M•\ewYy+ a u\ht Y\\dml RYd Y•Y\wYly 2 \I M. Ya.dnr f ro\a Y\tlr.Rla a PUD PY•••a ua\D• o+jq S1t+BJEC7 oX ProbslbwlORb• :Fie Y\tl ILFYIY\7 I\ PKs7FERT M AT M•\\•nlp AT R14 N+tl y.F\n\t i 17Y-1 Ib IFMOM1•a\Conn•FWY Ra-1.6 FNtlYpFw\T a_R C•I-! XF�.aorll•aa[amm•,.yyl R4TF TXaf••a.11} CR•i -ar,Cowlmp-,r R41F YRtl Y-FYI\!tf CR-2 :"CaRln•.::. RE RFIb••tY l'EFhh � Ri-TH Taw•M•a• a2 - - ,• . CO-2 -- .. sp b•MM P•YnN •He p - RVRF YX••IbMIWYpF P•M1 r3u I _., tr COD _..�,.�>>y .r,_ new MM•7.OYI•\HOn/ CR-a Re cart Ca�Ye•rabY F. FR b .OP•IY m0 H 1 ) 14P B.4j"•IY4H PiM1 ❑® �warv. o�A IM7r _ CRY of 4 ne awlMw 00 1 40an O. s r w�y�yr !s•6!rtl anY/Sll\YA�F XnM\aLw LQyry„�Jr. MAP ChrUd L 29, OT BLOCK 3 OWNER:GO29,STAUDER-HILPOLD DOC.NO.2004001625 BULKHEAD O.P.R.N.C.T. 0 5 b BO '..'I VIEW CORRIDOR W/ HEIGHT RESTRICTIONS GRAPH•_b�IC SCALE I LEGEND RESIDENTIAL Lor a z d a n z mnnon AREA Lor 0 £Z \ AMEN TY Lar � aY COMMON AREA LOT` y p{ UO \\\ POOL MAX.BDLDNG FOOTPRINT � 26.0 � �+4.0' P ol TRACT A AMENITY LOT OWNER:JUAN CARLO5 CALM10'YR (APPRAISAL OISTRICT) '.. PEDESTRIAN ACCESS(FIRE ACCESS) 240.0'(TWELVE ON-STREET GUEST PARKING SPACES) - LEEWARO--ORIVE. a roa77 OPEN SPACE CALCU LITIONS u — ffi­'�23 �—xe' — TAL AREA CF PUD 28,645 S.E TOTALCOMMON OPEN SPACE S]95OPEN SPACE PROVIDEDe. FOTLOT IR LOT 1] OPEN SPACE REQUIREDPARKING TABULATION PERUDC4.].16.B GUIDELINES) TYPE UDCNT QUANTITY SPACES (OOMMONIAREA) y� \ 'DWELLING LESS THAN 1,000S.F. 1.25 PER UNIT fi ].5 xr xr i,.i' 'DWELLING 1,000.1,400 S.F. 1.5PERUNIT ] 105THE PORTSIDE P.U.D. OTALsPACESRE°uIRED MASTER SITE PLAN LOT J LOi] LOT] LOT I _.- SPACESPROVIDED 1LOTIB 'DWELLING UNITS ARE WITHIN 1,500 FEETOF ATRANSITSTOP LOCATED (AMENITY) ATWINDWARD DRIVE, EXHIBIT 2 } �..e• �x*� TYPE UOCREQUIREMENT QUANTITY SPACES P'8 GUEST '*0.5 PER UNIT 1 13 6.5 3/8/2021 SPACES REQUIRED ON-STREET SPACES AVAILABLE 12 I D 5 D DB QN.BNEBPACESBEQ°IRE° IrC YORK ENGINEERING ON-SITE SPACES PROVIDED •'PER UDC4.7.16.13.GUEST PARKING MAY BE REDUCED BYTHE NUMBER OF CIVIL PLANNING CONSULTING '^• ;; SCALE PUBLIC ON-STREET PARKING SPACES AVAILABLE AMACENTTOTHESDE. x.0 p�eri,r mp vu�i�a�K. bl-u5-u,e ru,4wi<,x THE PORTSIDE SUBDIVISION PLANNED UNIT DEVELOPMENT (PUD) PADRE ISLAND, CORPUS CHRISTI, TEXAS Owner: Mc J's &Associates, LLC Corpus Christi, Texas Submitted by: York Engineering, Inc. 6468 Holly Rd. Corpus Christi, Texas 78412 Engineer: Michael C.York, P.E. This document is released under the authority of Michael C. York, P.E. 124936 for interim review purposes and shall not be used for construction, bidding, or building permit purposes. FEBRUARY 2021 yorkeng.com 1 361.245.9400 1 Texas Engineering Firm F-22063 DEVELOPMENT DESCRIPTION Mc J's &Associates, LLC proposes to develop the Portside Subdivision Planned Unit Development (PUD)on a vacant waterfront 0.66-acre tract of land located at the intersection of Leeward Drive and Running Light Drive.The proposed development will consist of 13 single-family lots, 3 common area lots, and no commercial lots. The 0.66-acre tract of land is currently described as Padre Island, Section E, Block 3, Lot 30. The property is currently vacant waterfront property and measures 100-feet wide and approximately 285-feet long. The current zoning is RS-6 with an Island Overlay and the requested zoning is RM-AT PUD with an Island Overlay. the 1972 Protective Covenant and Landowners Agreement by the Padre Island Investment Corporation required multi-family or hotel development for this area. The concept for The Portside Subdivision is for a small high-density single-family housing group in a cottage style development. All units will be single family residences, have an allowed square foot range between 800 and 1,400 square feet,and be situated on residential lots ranging in area between 962 to 1,250 square feet. The residential lots will have frontage onto a common area lot to be used for pedestrian access, utilities, and amenities. The maximum density of the development will not exceed 20 units per acre. ADJOINING LAND USE AND ZONING The property to the North, across the canal, is currently vacant and is zoned RM-AT with Island Overlay.Adjacent to that property is a recently approved PUD with base zoning of RM-AT with Island Overlay. The property to the East, across Leeward Drive, is an existing condo/town home development zoned RM-AT with an Island Overlay. The properties to the west, and across Running Light Drive to the South are vacant and zoned RM-AT. See Exhibit 1, Development Maps Exhibit. VICINITY AND LOCATION The subject property is located on Padre Island at the intersection of Leeward Drive and Running Light Drive.The property has waterfront access to a canal on Lake Padre.See Exhibit 1,Development Maps Exhibit. SITE PLAN&LOT LAYOUT An Master Site Plan Exhibit is provided (see Exhibit 2) and provides a lot layout, conceptual unit arrangement, a shared parking lot, and pedestrian common area. Lots 1-13 are single family residential lots. Lot 14 is a common lot and consists entirely of submerged lands. Lot 15 is a common area lot which includes the shared parking lot and the shared pedestrian access and amenity area. Lot 16 is a common lot to be used for amenities. There is a View Corridor with height restrictions between the buildable footprint of Lot 13 and the bulkhead aimed at maintaining the waterfront view for the residential unit.There is a 4-foot-wide strip of common area lot 15 between residential lots 4 and 5 to be used for pedestrian access and fire protection. A pedestrian gate will be placed at this location which will be equipped for access by emergency officials as required. Pagel of 2 PARKING AND OPEN SPACE A tabular summary of parking requirements and open space calculations is included on the Master Site Plan,Exhibit 2.The parking requirements follow the Cottage Guidelines outlined in UDC 4.7.16.B. Guest parking will be available via the public parking allowed on Leeward Drive. Three golf cart parking spaces will be provided in addition to vehicular spaces required. Landscaping and/or screening walls will be constructed to screen the parking lot from the adjacent public streets. WARRANTY DEED&OWNER INFO The Special Warranty Deed for Padre Island, Section E, Block 3, Lot 30 is attached for reference. The Certificate or Formation for the owning Entity is attached for reference. MISCELLANEOUS Mc J's &Associates, LLC understands Unified Development Code (UDC) Paragraph 4.2.8.0 related to the distance of multi-family or non-residential structures from single-family areas and offers no objections to structures proposed on the adjacent tract that may be constructed in the future to no closer than 5-feet instead of the 1:2 distance ratio required in the UDC. This development will allow short term rentals. DEVELOPMENT DEVIATIONS Deviations from the proposed RM-AT zoning requirements are as follows: 1. The Yard Requirement along Leeward Drive and Running Light Drive is reduced to 10-feet. 2. Building setbacks will be 5-feet minimum at the rear,4-feet minimum on the sides,and 2-feet minimum at the front adjacent to the common area lot. 3. The minimum lot area is reduced to 962 square feet. 4. The minimum lot width is reduced to 18-feet. S. The maximum unit density is increased to 20 dwelling units per acre. Page 2 of 2 PLANNED UNIT DEVELOPMENT (PUD) EXHIBITS oedro Isles 0 a,n,r SITE SITE ut~R� VICINITY MAP SCALE 1"=3,000• LOCATION MAP SCALE:1',80 "- -.. �� i bolo qukk Relxence Gu tle v( ... WI(emXYO With °eMv x.� �... onn mm wehl saelw I e11tl11n er swa N nt le.l+el THE PORTSIDE P.U.D. M., '° .s ® ,n ,n 's DEVELOPMENT MAPS SITE 50 '° °° '° — '° EXHIBIT 1 ------------ M-, zivzozl CURRENT ZONING MAP N.T.S. Y YORK ENGINEERING STANDARDS FOR PROPOSED BASE ZONING DISTRICT N.T.S. °LANNING ° CONSULTING wl L 29, OT BLOCK 3 OWNER:GO29,STAUDER-HILPOLD DOC.NO.2004001625 BULKHEAD O.P.R.N.C.T. 0 5 b BO '..'I VIEW CORRIDOR W/ HEIGHT RESTRICTIONS GRAPH•_b�IC SCALE I LEGEND RESIDENTIAL Lor a z d a n z mnnon AREA Lor 0 £Z \ AMEN TY Lar � aY COMMON AREA LOT` y p{ UO \\\ POOL MAX.BDLDNG FOOTPRINT � 26.0 � �+4.0' P ol TRACT A AMENITY LOT OWNER:JUAN CARLO5 CALM10'YR (APPRAISAL OISTRICT) '.. PEDESTRIAN ACCESS(FIRE ACCESS) 240.0'(TWELVE ON-STREET GUEST PARKING SPACES) - LEEWARO--ORIVE. a roa77 OPEN SPACE CALCU LITIONS u — ffi­'�23 �—xe' — TAL AREA CF PUD 28,645 S.E TOTALCOMMON OPEN SPACE S]95OPEN SPACE PROVIDEDe. FOTLOT IR LOT 1] OPEN SPACE REQUIREDPARKING TABULATION PERUDC4.].16.B GUIDELINES) TYPE UDCNT QUANTITY SPACES (OOMMONIAREA) y� \ 'DWELLING LESS THAN 1,000S.F. 1.25 PER UNIT fi ].5 xr xr i,.i' 'DWELLING 1,000.1,400 S.F. 1.5PERUNIT ] 105THE PORTSIDE P.U.D. OTALsPACESRE°uIRED MASTER SITE PLAN LOT J LOi] LOT] LOT I _.- SPACESPROVIDED 1LOTIB 'DWELLING UNITS ARE WITHIN 1,500 FEETOF ATRANSITSTOP LOCATED (AMENITY) ATWINDWARD DRIVE, EXHIBIT 2 } �..e• �x*� TYPE UOCREQUIREMENT QUANTITY SPACES P'8 GUEST '*0.5 PER UNIT 1 13 6.5 3/8/2021 SPACES REQUIRED ON-STREET SPACES AVAILABLE 12 I D 5 D DB QN.BNEBPACESBEQ°IRE° IrC YORK ENGINEERING ON-SITE SPACES PROVIDED •'PER UDC4.7.16.13.GUEST PARKING MAY BE REDUCED BYTHE NUMBER OF CIVIL PLANNING CONSULTING '^• ;; SCALE PUBLIC ON-STREET PARKING SPACES AVAILABLE AMACENTTOTHESDE. x.0 p�eri,r mp vu�i�a�K. bl-u5-u,e ru,4wi<,x TECHNICAL REVIEW COMMITTEE(TRC)PLAT REVIEW COMMENTS Project:0321-01 The Portside PUD Located along the west side of Leeward Drive and north of Running Light Drive Requested Zoning:"RM-AT/10/PUD"Multifamily AT District with the Island Overlay and a Planned Unit Development Owner:Mc 1's and Associates,I.I.C. The applicant proposes 13 lots within a PUD. ZONING No. Sheet Comment Applicant Response Staff Resolution jApplicant Response IStaff Resolution Sidewalks shall be constructed along Running Light Drive and To be addressed at Leeward Drive.This comment will be also cited at the platting stage 1 PUD platting stage. PLANNING/Environment&Strategic Initiatives(ESI) No. Sheet Comment Applicant Response Staff Resolution Applicant Response Staff Resolution No previous sidewalk waiverto our knowledge;Driveway access Was this lot(s)granted a sidewalk waiver in the past?; relocated to Running Light furthest drivewayYes should take access from Running Light and should possible from intersecGuetion;t g g mere will bean Hon,Guest be further from the intersection;will there be an HOA to parking allowed onbom leeward and Running Light,but Leeward maintain;guest parking on Running Light rather than used for parking tabulation due to Leeward?;will 3 golf card parking spaces be enough for 13 larger frontage;Golf cart spaces relocated;landscaping and units,which spaces are they on the drawing?;will screening proposed between landscaping or screening walls be used as a screen for the parsing lot and public sidewalk; p g g on-street parking area delineated 1 PUD parking lot?;show on-street parking guest spaces provided. on Master Site plan. UTILITIES ENGINEERING No. Sheet Comment Applicant Response Staff Resolution jApplicant Response IStaff Resolution Point of Notice—It appears that an insufficient amount of Assume this comment to water flow for fire protection is available at this location for be informational.Public this development,and improvements may be required if water main construction 1 PUD platted. proposed with platting TRAFFIC ENGINEERING No. Sheet Comment jApplicant Response Staff Resolution jApplicant Response IStaff Resolution httPs://coryus,hrisd-y.sharepoin Ccom/personal/andrewd2_c e _oJDow s/DesktopJPo tsid,PUD Pagel Proposed driveway access to a public City Street shall Driveway access revised. conform to access management standards outlined in Article 7 of the UDC.Review the driveway as it is to close to the intersection as generally you need a buffer,so northbound vehicles can make the left turn passing the intersection and 1 not block the intersection. FIRE DEPARTMENT-INFORMATIONAL,REQUIRED PRIOR TO BUILDING PERMIT No. Sheet Comment Applicant Response Staff Resolution Applicant Response Staff Resolution Water Distribution Standards:If the property use is Noted.Property use to be commercial,the fire flow requirements shall be a minimum residential. of 1,500 GPM at 20 PSI residual. With hydrant spacing every 300 feet.If the property use is residential,the fire flow requirements shall be a minimum of 750 GPM with 20 psi residual. With hydrant spacing every 600 feet.The requirement for each shall be resolved at the Development Service or Building phase of the project. Exception:For buildings equipped with an approved 1 PUD automatic sprinkler system,the distance requirement shall Noted. D102.1 Access and loading.Facilities,buildings,or portions of buildings hereafter constructed shall be accessible to fire department apparatus byway of an approved fire apparatus access road with an asphalt,concrete or other approved driving surface capable of supporting the imposed load of fire 2 PUD apparatus weighing at least 75,000 pounds. 503.2.1 Dimensions.Fire apparatus access roads shall have Noted. an unobstructed width of not less than 20 feet,exclusive of shoulders and an unobstructed vertical clearance of not less than 13 feet 6 inches.Note:the entry point will require fire 3 PUD department access. 503.4 Obstruction of fire apparatus access roads.Fire Noted. apparatus access roads shall not be obstructed in any 4 PUD manner,including the parking of vehicles. Noted. 503.3 Marking:Where required by the fire code official, approved signs,or other approved notices the include the words NO PARKING-FIRE LANE shall be provided for fire apparatus access roads to identify such roads to prohibit the obstruction thereof.The designation of a fire lane can be marked with conspicuous signs which have the words:"Fire Lane-No Parking"at 50-foot intervals. In lieu of signs,fire lanes may be marked along curbing with the wording,"Fire 5 PUD Lane-No Parking"at 15-foot intervals. httPs://coryus,hrisd-y.shar,poin Ccom/personal/andr,wd2_c e _oJDo,u enG/DesktopJPo tsid,PUD Paget Development of the property wiII require further Review of proposed building Development Services review.Note:The minimum placement is required at this separation distance between cottages is 10 feet.Due to the stage as layout is tied to PUD conditions.Cottages proximity of the cottages,Development Services may not re proposed with 8-foot approve of this configuration. separation in accordance Note:The side gate on Leeward St.will allow 150 feet to with UDC 4.7.11. farthest point of the cottages toward the dock and will be Construction will comply considered suitable as an access point for firefighting efforts. ith International fb,.y esidential Code and If the gate is secured,a Knox Padlock will be required. urrent fire code as required 6 PUD Note: If the dock is constructed with the capability for City. PARKS No. Sheet Comment jApplicant Response Staff Resolution Applicant Response Staff Resolution Community Enrichment and Park fees will apply at the final Noted. 1 PUD plat stage. REGIONAL TRANSPORTATION AUTHORITY No. Sheet Comment Applicant Response Staff Resolution jApplicant Response IStaff Resolution This Planned Unit Development(PUD)is located along but Noted. not immediately adjacent to any bus stop served by Route 65 Padre Island Connection and should not adversely impact any 1 PUD CCRTA Services. AEP-DISTRIBUTION No. Sheet Comment jApplicant Response Staff Resolution Applicant Response Staff Resolution AEP is requesting the 10YR to be a 10YR/EE off of Running To be addressed at 1 PUD Light platting stage. httPs:JJ—Puschristi-my.sharepoinCcom/personal/andrewd2_c e _om/D--G/Desktop/P-tside PUD Pa Zoning Case #0321 -01 Mc J's and Associates, LLC. Rezoning for a Property at 14493 Running Light Drive From "RS-6/10" To "RM-AT/10/PUD" ® N UBJEC7 14e eU' ROOPF"Y V A City Council �' May 25, 2021 Aerial Overview T � J W, /7 5 � � Z✓ SUBJEcr PROPERTY RUh IN hlGy� 1 r f r � •! l y cryo Zoning Pattern and Adjacent Development Is N �IYI V —4-A�/\ ail l e \ 1 G3�il�G^Q4/�OO/PMD 7097 3 Public Notification � 4 o 33 Notices mailed inside 200' buffer M-AT 1 Notices mailed outside 200' buffer Q o r eFq p� 0 r' Notification Area RM-At Opposed: 0 (0.00%) Separate Opposed Owners. 0 ' SUBJECT ' '�PROPERTY - - n � RM-Ar ROo M- T ion O Q � In Favor: 0 o � sr G q�u s 10 Vf Notified property owner's land in square feet o /Total square footage of all property in the R M�R notification area .aM Percentage of public opposition 4 PUD Deviations Minimum "RM-AT" District - District StandardsDimensions •. • 5,000 sf. 1,600 sf. 962 sf. Yes Minimum Lot 50 ft. 16 ft. 18 ft. Yes Width • 20 ft. 10 ft. 10 ft. Yes Front Yard 10 ft. 10 ft. 10 ft. No • 5 ft. 0 ft. 4 ft. No • 5 ft. 5 ft. 5 ft. No 1.5/unit(1 bedroom) 1.5/unit(1 Parkin1.5/unit(1 bedroom) bedroom) Requirement� 2/unit(2 bedroom) 2/unit(2 bedroom) 2/unit(2 No 1/5 units (guests) 1/5 units (guests) bedroom) Com: 1:250 sf 1/5 units (guests) Master Site Plan a ©.., Ll— THE ua A .a o. PORTSIDE P.U.D. MASTER SITE PLAN EXHIBIT 2 YcYORK ENGINEERING ° 6 Planning Commission and Staff Recommendation Approval with conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with The Portside Planned Unit Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Running Light Drive and Leeward Drive in accordance with the Unified Development Code (UDC). 3. Landscape: The vehicular use area shall be screened by landscaping in accordance with Section 7.3.11 of the UDC. This may require the removal of parking spaces along Running Light Drive and Leeward Drive to incorporate landscaping and navigability. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 12 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Land Use Existing Land Use Future Land Use G 4 SUBJE T (\ as, °SUBJECT f�.y PROPERT a ^^•^ <'A�JI yyN�Q FAL �e � � `/ RhNhttyG6tGH2O Wim` < StgO Q qhG J �• aFq VF /�+._�i 1O Fq�F 1O OVacant O Water _Commercial O Med.Density Residential O Permanent Open Space Med.DensityLow Density Planned Conservation/ O O Transportation O Develo ment Iiiiij Mixed Use Preservation Residential Residential p g UDC Requirements N Buffer Yards: RM-AT to RS-6: Type B: 10' & 10 pts. P (4j Setbacks: " Street: 20 feet / Side: 5 feet Rear: 5 feet PROPERTY ` r ` Parking: 2 per unit tG 1 a v.a r Zp i Landscaping, Screening, and Lighting sf.�p,U Standards . e - r ,�� `';: 'tel/ ��•; �F. '_ _ - Uses Allowed: Townhouse, Multifamily, Cottage Housing, Group Living, Medical, Park, and Overnight Accommodations. Utilities { N ■ Water: 6-inch ACP Wastewater: �� C �4 - jn 21-inch Clay pQOO pC�Q Q ;. R�a„< Gas: 8 2-inch line Storm Water: 24-inch line I 7 . 6 .ry ^ "�yrx " ,a r � ro Al G FS V r f # ry •, �� �. •"f r. rte.. ���'"•+,�.. ry ,p. CIB.JET ' J— EI 4 mF., 'j, _t ry P i V #L Ot { .31- 71w/ ^ 4'91w.7 S9F1'. �+y e[ CASE 0321-01 E Aerial with Subjeci Property *" BJE su#E�GtID o r CNPUS LM50ORY �a lLdafiScade: f:1,600 CRYOf COiDUS TOCATIOchasu so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 05/25/21 1852 Second Reading Ordinance for the City Council Meeting 06/08/21 DATE: April 27, 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 4421 and 4427 Violet Road CAPTION: Zoning Case No. 0421-01, Steven Bernal, Rachel Garcia Pena, and Rick Kyle Caron: (District 1). Ordinance zoning a property located at or near 4421 and 4427 Violet Road from the"RS-6"Single- Family 6 District to the "CN-1" Neighborhood Commercial District. SUMMARY: The purpose of the rezoning request is for the construction and operation of an automatic car wash. BACKGROUND AND FINDINGS: The subject property is 0.97 acres in size and is currently zoned "RS-6" Single-Family 6 District, consists of two single-family homes, and was annexed in 1962. To the north are various commercial developments including a hand-wash carwash, Whataburger, and a Stripes gas station zoned "CN-1" Neighborhood Commercial and "CG-1" General Commercial Districts. To the south is a McDonald's zoned "CG-2" General Commercial District. To the east is a HEB, and a single-family residential subdivision (church zoned "CN-1" Neighborhood Commercial and "CG- 2"General Commercial Districts and a single-family residential subdivision (Jackson Place)zoned "RS-6" Single-Family 6 District. To the west are single-family residential homes. Conformity to City Policy The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for a mixed use. The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Section 5.2.21 Car wash, Hand-Operated or Automated of the Unified Development Code has limitations on an automated car wash within the Neighborhood Commercial District: • Outdoor lighting of the automated car wash use must abide by all requirements of Section 7.6 Outdoor Lighting. • Noise generated by the automated car wash use must be compliant with Section 31-3 of the Corpus Christi Code of Ordinances. • The hours of operation of the automated car wash use shall be limited to between the hours of 7:00 am to 9:00 pm. Public Input Process Number of Notices Mailed 17 within 200-foot notification area 7 outside notification area As of April 27, 2021: In Favor In Opposition 1 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0.00% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition Commission Recommendation Planning Commission recommended approval of the zoning to the "CN-1" Neighborhood Commercial District on March 31, 2021. ALTERNATIVES: 1. Denial of the zoning to the "CN-1" Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstai ned: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0421-01, Steven Bernal, Rachel Garcia Pena, and Rick Kyle Caron. (District 1). Ordinance zoning a property located at or near 4421 and 4427 Violet Road from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District 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 being 0.97 acres and being all of Lot 2, Block 9, Shell Road Poultry Acres recorded in Volume 67, Page 518 of the Map Records of Nueces County, Texas, portions of Lots 8 and 9 of the Shell Road Poultry acres, recorded in Volume 5 Page 40 of the said Map Records and as described in a warranty Deed with Vendor's Lien from Rebecca H. McNamera to Steve Bernal, recorded in Document No. 2013000697, Official Records of Nueces County, Texas, as shown in Exhibit "A", from: "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 4421 and 4427 Violet Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. 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 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. 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 5. 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 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 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 3 of 6 URBAN ENGINEERING Job No.43461.C1.02 March 08,2021 0.9710 Acre Zoning Tract STATE OF TEXAS COLITY OF NUECES Fieldnotes for a 0.9710 Acre,Zoning Tract,being all of Lot 2,Block 9, Shell Road Poultry Acres,recorded in Volume 67, Page 518,of the Map Records of Nueces County,Texas,portions of Lots 8 and 9 of the Shell Road Poultry Acres,recorded in Vol nne 5, Page 40, of the said Map Records and as described in a Warranty Deed with Vendor's Lien from Rebecca H. McNamara to Steve Bernal.recorded in Docunent No.2013000687,Official Public Records of Nueces County Texas:the said 0.9710 Acre Tract,being mare filly described as follows: Beginning,at a 518 hick Iron Rod with yellow cap Found,on the Northwest Right-of-Way line of Violet Road, a public roadway,the Northeast boundary line of Lot 1,Block 9,Shell Road Poultry Acres;recorded in Voltuue 27,Page 3,of the said Map Records,the Southwest boundary line of a 40'Supplemental Easement and Right-of-Way,described as a 0.083 Acre Tract,recorded in Document No.2011016485.of the said Official Public Records,for the South coiner of the said Lot 2 and this Tract,from Whence a 518 Inch Iron Rod Found,on the said Northwest Right-of-Way line, for the East corner of the said Lot 1 bears,South 51'41'20"East,20.12 Feet; Thence,North 51°41'20"West,.with the common boundary line of the said Lots 1 and 2, 139.68 Feet,to 5I8 Inch h-on Rod with yellow cap Found,being the South corner of a 0.208 Acre Tract,as described in a General Warranty Deed from Kenneth Ray Beverly and Laura Beverly to Guadalupe H.Nieto and Gloria Nieto,recorded in Volune 1799..Page 599,Deed Records of Nueces County Texas,for:the West corner of the said Lot 2 and this Tract; Thence,North 39°05'31"East,with the common boundary line of the said 0.208 Acre Tract and the said Lot 2..at 0.22 Feet pass,a 314 Inch Inn Rod Found,in all 90.29 Feet,to a 518 Inch Iron Rod Found,on the Southwest boundary lune of a 0.28 Acre Tract,as described in a Warranty Deed from C.P. Pugh and Eunice Pugh to Dan L.McCaskill and Esther Faye McCaskill recorded in Volune 2046,Page 106,of the said Deed Records,being the East comer of the said 0.208 Acre Tract for the North comer of the said Lot 2 and a corner of this Tract: Thence,South 5133'33"East,with the common boundary of the said 0.28 Acre Tract and the said Lot 2,at 8.79 Feet pass,a 518 Inch Iron Rod Found,in all 11.45 Feet,for a comer of this Tract; Thence,North 38'08'54"East,with the common boundary lune of the said 0.28 Acre Tract,at 121.09 Feet pass,a 518 Inch Iron Rod with yellow plastic cap stamped`BRISTER SURVEYING"Found,being the common comer of the said 0.28 Acre Tract and Lot 8B,Block 8, Shell Road Poultry Acres,a reap of which is recorded in Volume 62, Page 173, said Map Records,in all 175.58 Feet,to a 518 Inch Iron Rod Found,on the Southeast boundary line of the said Lot 8B,being the West corner of Lot 8A,of the said Block 8,for the North corner of this Tract; Thence,South 51°37'31"East,with the Southwest botuidary line of the said Lot 8A,at 156.91 Feet pass,a 518 Inch Ion Rod Found,for the South comer of the said Lot 8A,in all 176.82 Feet,to a 518 Inch Ion Rod Found,on the said Northwest Right-of-Way line,for the East corner of this Tract; Thence, South 44°35'04"West,with the said Northwest Right-of-Way line, 176.79 Feet.. to the East comer of the said 40'Supplemental Easement and Right-of-Way,for a corner of this Tract: Thence,North 5133'33"West,20.12 Feet,to the East comer of the said Lot 2 and for a corner of this Tract,from Whence,a 5I8 Inch lion Rod with yellow plastic cap stamped'BRISTER SURVEYING"Found,bears North 51°33'33"West 0.46 Feet; S:1Surveying1434611C102-Fielduotes For ZoninglOFFICEIMETES AND BOUNDS1Metes And BotmdslEXA4346lc102_20210305.Docx Page 1 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 'kN ww.mbanen2.corn TBPE Firm#145•TBPLS Firm#10032400 Page 4 of 6 Thence, South 44°35'04"West,with the common boundary line of the said Northwest Right-of-Way line of Violet Road and the said Lot 2,90.48 Feet to,to the Point of Beginning,containing 0.971 Acres(42301 Sq.Ft.)of Land,more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983,Texas South Zone 4205, and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assures no responsibility for its accuracy.Also reference accompanving sketch of tract described herein. .�� OF p� URBAN ENGINEERING GjSTe jjl JAMES DAVID CARR ..................... 'O 6458 James D.Carr.R.P.L.S. 'Ph. License No.6458 S:1Suveying1434611C102-Fielduotes For ZoninglOFFICEIMETES AND BOUNDS1Metes And Bormds\EXA43461602_20210305.Docx Page 2 of 2 OFFICE:(361)854-3101 2725 SWANTNER DR.+CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www=.urbanene.com TBPE,Finns#145•TBPLS Firm#10032400 Page 5 of 6 4j q / SQA / i0 - \ V ANM Ucnm p uwZ Ian \ f*1 a \ �fb � JAZ oTa�An Grp yo= a�� €�� Lm ao�.--, �5yrj MggT / 9gsZ =D GOA x VF '^ �F gqm mm ED z'on� QQo m oa �o. .. m �~• o 0 0 �o � y �Q%OZOO a;>mW>m on Z�zm c4 5W O fQ .«o xan a�oQ a ar v 5�9`r�ao rn ?.�W�� � Q O O A•C N O m A N mQ 0 a= # f �3 0 0 2 "0z3_�°;3 - x N N Page 6 of 6 FINAL PLANNING COMMISSION REPORT Case No. 0421-01 INFOR No. Planning Commission Hearin Date: March 31, 2021 Owner: Steven Bernal, Rachel Garcia Pena, and Rick Kyle Caron Applicant: Joseph Earnst ° Location Address: 4421 and 4427 Violet Road .r-L Legal Description: Being 0.97 acres and being all of Lot 2, Block 9, Shell Road N Poultry Acres recorded in Volume 67, Page 518 of the Map Records of Nueces — °' County, Texas, portions of Lots 8 and 9 of the Shell Road Poultry acres, recorded 0 Q in Volume 5 Page 40 of the said Map Records and as described in a warranty m Deed with Vendor's Lien from Rebecca H. McNamera to Steve Bernal, recorded in Document No. 2013000697, Official Records of Nueces County, Texas, 06 located along the west side of Violet Road, south of Interstate 37, north of Leopard Street. From: "RS-6" Single-Family 6 District To: "CN-1" Neighborhood Commercial District 'Es Area: 0.97 acres N Purpose of Request: The purpose is for the construction and operation of an automatic car wash. Existing Zoning District Existing Future Land Use Land Use Site "RS-6" Single-Family 6 Low Density Mixed Use District Residential "CN-1" Neighborhood Commercial District and Low Density North "RS-6" Single-Family 6 Residential Mixed Use -E District o "CG-2" General a�= South Commercial Mixed Use J Commercial District N "CG-2" General Commercial and Commercial and X Commercial District and LU East Low Density Medium Density "RS-6" Single-Family 6 Residential Residential District West "RS-6" Single-Family 6 Low Density Mixed Use District Residential 06 Area Development Plan: The subject property is located within the boundaries a of the Northwest Area Development Plan and is planned for Mixed Uses. The 2 - proposed rezoning to the "CN-1" Neighborhood Commercial District is consistent a o with the adopted Future Land Use Map. Q City Council District: 1 Zoning Violations: None Staff Report Page 2 ° Transportation and Circulation: The subject property has approximately 250 feet of street frontage along Violet Road which is designated as a "A2" ° Secondary Arterial Street. According to the Urban Transportation Plan (UTP), a N Minor Arterial Streets can convey a capacity of 20,000 to 32,000 average daily trips. Urban Proposed Existing Traffic Street Transportation 05� � Plan Type Section Section Volume � O Cn "A2" Secondary 100' ROW 90' ROW Approximately Violet Road Arterial 54' paved 44' paved 15,000 (2017) Staff Summary: Development Plan: The subject property is 0.97 acres. The developer of the property is requesting a change of zoning for the subject property to accommodate a commercial car wash facility with associated vacuum stalls and concrete parking lot. The development will include an automatic wash bay building and several vacuum stations on site. The tunnel size is 114 feet long and 25 feet wide. The building is proposed to use aesthetically appealing concrete masonry unit, stucco, car covers, etc. The developer has stated that the carwash will not create noise, vibration, odors, steam, or other factors that will adversely affect others offsite. Existing Land Uses &Zoning: The subject properties are currently zoned "RS-6" Single- Family 6 District consists of two single-family homes and was annexed in 1962. To the north are various commercial developments including a hand-wash carwash, Whataburger, and a Stripes gas station zoned "CN-1" Neighborhood Commercial and "CG-1" General Commercial Districts. To the south is a McDonald's zoned "CG-2" General Commercial District. To the east is a HEB, and a single-family residential subdivision (church zoned "CN-1" Neighborhood Commercial and "CG-2" General Commercial Districts and a single-family residential subdivision (Jackson Place) zoned "RS-6" Single-Family 6 District. To the west are single-family residential homes. AICUZ: The subject property not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch ACP line along Violet Road. Wastewater: 8-inch VCP line along Violet Road. Gas: 4-inch gas line located along Violet Road. Storm Water: 72-inch line along Violet Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for Mixed Use. Staff Report Page 3 The proposed rezoning to the "CN-1" Neighborhood Commercial District is generally consistent with the adopted Northwest Area Development Plan. Although this commercial use would service the surrounding neighborhood. The use is a stand-alone business, and its lack of cohesion and connectivity with the surrounding commercial and residential uses does not meet the intent of a pedestrian friendly activity that is desired for a mixed-use development. The proposed rezoning is consistent with the following policies of the Comprehensive Plan (Plan CC). The following policies should be considered: • Encourage the protection and enhancement of residential neighborhoods 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). The proposed rezoning is also compatible with the future land use and does not have a negative impact upon the adjacent properties. • Section 5.2.21 Car wash, Hand-Operated or Automated of the Unified Development Code has limitations on an automated car wash within the Neighborhood Commercial District: o Outdoor lighting of the automated car wash use must abide by all requirements of Section 7.6 Outdoor Lighting. o Noise generated by the automated car wash use must be compliant with Section 31-3 of the Corpus Christi Code of Ordinances. o The hours of operation of the automated car wash use shall be limited to between the hours of 7:00 am to 9:00 pm. Planning Commission and Staff Recommendation (March 31, 2021): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District. Staff Report Page 4 Number of Notices Mailed — 17 within 200-foot notification area 7 outside notification area As of April 27, 2021: In Favor — 1 inside notification area _ — 0 outside notification area 0 In Opposition — 0 inside notification area — 0 outside notification area 0 z Totaling 0.00% of the land within the 200-foot notification area* in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet / Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) Staff Report Page 5 CG-2 18 11 17 7 CN-1 8 RS-6 14 rr 13 5 16 0 19 9 SUBJECT TrM PROPERTY 3 3 eFRG Ro 20 - 4 �O 12 Jti CG-2 Date Created:3/16,2021 0 250 500 Prepared By.ReyR Feet Department of Development Services CASE: 0421-01 ZONING & NOTICE AREA RM-1 Multifamily1 IL Light Industrial RN-2 Multifamily2 IH Heavy Industrial SUBJECT RM-3 Multifami ly3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 PROPERTY RM-AT Multifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate i pP t- -Egrpus Christi Bay CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit p CIIntensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial -- - `� CR-3 Resort Commercial RMH Manufactured Home FR Farm Rural H Historic Overlay N BP Business Park W wubjed Pio dy QV Hers fn zoo buffer O; a or s City of 4 0,,er; zrm„zoo rneb o� X a�e5 LOCATION MAP A Corpus efreclretl owne,,h;p fellle noPposfm„ �., Christi Staff Report Page 6 Persons with disabilities planning to attend this meeting,who may require special services,are requested to contact the Development Services Department at least 48 hours in advance at(361)626-3240.Personas con ince acidades glue tienan Is intencibn de asistir a este unta ue re uieren servicios as eciales se les su Lica LI den visa 48 hares antes de la junta Ilamando at de artamento de servicios de desarrollo al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited,please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting.Si usted desea diri irse a la commission duranle Is unta y su in les es 4imitado favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 al menes 48 horas antes de la junta para solicitar un int8rprete ser presente durante la junta.. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No.0421-01 Steven Bernal Rachel Garcia Pena and Rick Kyle Caron have petitioned the City of Corpus Christi to consider a change of zoning from the"RS-6"Single Family 6 Qistrict to the"CN-1"Neighborhood Commercial District,not resulting in i change to the Future Land Use Ma u•The property to be rezoned is described as: Located at or near 4427 and 4421 Violet Road and described as a 0.9710 Acre,Zoning Tract,being all of Lot 2, Block 9,Shell Road Poultry Acres,recorded in Volume 67,Page 518,of the Map Records of Nueces County, Texas,portions of lots 8 and 9 of the Shell Road Acres,recorded in Volume 5,Page 40,of the said Map Records and described in a Warranty Deed with Vendor's Lien from Rebecca H.McNamara to Steve Bernal, recorded in Document No.2013000687,Official Public Records of Nueces County Texas,located along the northwest side of Violet Road,north of Leopard Street,south of Interstate 37,and east of Ctiurch Street. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit.Approval of a change of zoning,if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning.The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held Wednesday March 31, 2021 during one of the Planning Commission's regular meetings,which begins at 5:30 p. This public hearing will be held via WebEx video conference.The live stream of the meeting can be viewed online at the following address:www.cctexas.com/ecty. 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:Ilwww cctexas.comldepartmentslcity-secretary,and shall be e-mailed to the following e-mail address:CatherineG@cctexas.com andlor CraigG@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 an public hearino requirement under law. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office or in person,by telephone call or b letter. Printed Name/:, Zsfl, ,- C r p Address: 7 City/State 0 C ( LY IN FAVOR ( )IN OPPOSITION �/ Phone: REASON: V 0114 1" Signature Case No.0421-01 SEE MAP ON REVERSE SIDE Project Manager:Craig Garrison INFOR Case No.: Email_CraigG@cctexas.com Property Owner ID:15 Zoning Case #0421 -01 Steven Bernal, Rachel Garcia Pena, • Rick Kyle Caron Rezoning for a Property at 4421 and 4427 Violet Road • - • City Council May 25, 2021 i 1 Aerial Overview R y N It<. SUBJECT �� PROPERTY �J a s + � �,4 c w Zoning Pattern and Adjacent Development IVY It �309� G39� 6b=9 ��Nhw 9903 o o 999 p9aparly HL 9951 9963 �a IN2 e* 3 Public Notification 17 Notices mailed inside 200' buffer 7 Notices mailed outside 200' buffer Notification Area - - 14 Opposed: 0 (0.00%) o - Separate Opposed Owners. 0 4 0 �suerecr�%i rlb ' yc lb /�PROPERT j' In Favor: 1 (4.03 %) 0 «z Notified property owner's land in square feet <Fop /Total square footage of all property in the 4R�Sr notification area Percentacie of nublic onnosition Planning Commission and Staff Recommendation Approval of the change of zoning to the "CN- 1 " Neighborhood Commercial District RV ` ut CG-2 0 .o ; At"V, ' r ti N-1 RS-6 NIi SUBJECT h <k y,��•, PROPERTY L r � r CG 41 mr, 06 y A f � - � :Date Created � E, s \ 2 21 Feet 0 -250 500 ;- . y "$t, �1 D Prepared BykIF7�R6ReyR ` epariment of Development Services Wp•- CASE: 0421-01 FJ Aerial with Subject Property \ Subject SUBJECT Nuecess`—_ '_River_-- � ----,� Property PROPER' 31. r-£arpus Christ/Bay �ti3 � S � Map Scale: 1:1,800 s \\\ City of Corpus LOCATION MAP \.\ Christi. �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of May 25, 2021 DATE: May 25, 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 Water Utilities kevinna-cctexas.com (361) 826-1874 Heather Hurlbert, Director of Finance heatherh3a-cctexas.com (361) 826-3227 Construction Contract Award Laguna Madre Wastewater Treatment Plant Rehabilitation CAPTION: Motion awarding a construction contract to Associated Construction Partners, Ltd, Boerne, Texas, for the Laguna Madre Wastewater Treatment Plant Rehabilitation upgrades to the main office building, digester blower building, plant lift station, influent structure, aeration basins, final clarifiers, chlorine contact chamber, sludge wasting system, pre-thickener, aerobic digester, sludge concentrator, digester sludge holding tank, belt press sludge holding tank, belt press building, located in Council District 4, in an amount of $4,494,321.00, with FY 2021 funding available from the Wastewater Capital Fund. SUMMARY: This motion approves a construction contract for the Laguna Madre Wastewater Treatment Plant (WWTP) Rehabilitation project. The project provides for upgrades to the main office building, digester blower building, plant lift station, influent structure, aeration basins, final clarifiers, chlorine contact chamber, sludge wasting system, pre-thickener, aerobic digester, sludge concentrator, digester sludge holding tank, belt press sludge holding tank, and belt press building. BACKGROUND AND FINDINGS: The Laguna Madre WWTP is one of six wastewater treatment plants that the City owns and operates. The Laguna Madre WWTP serves the Flour Bluff area and is located along the Laguna Madre at the end of Jester St on the east side of Flour Bluff. It was originally constructed in 1971 as a 0.5 million gallons per day (MGD) average daily flow capacity and was expanded in 1983 to its current capacity of 3 MGD. The Laguna Madre WWTP facility is over 30 years old and some of the plant equipment needs repairs or replacement. A few projects have been performed over the years to improve treatment quality and operability and/or meet changes in TCEQ requirements, but the electrical and mechanical equipment at various structures is beyond their service life and are failing. This is affecting plant operations and the safety of the plant operators. Some of the buildings and concrete structures are also in need of repairs and updating. This project scope includes the listed below critical upgrades and replacement of deteriorated equipment at the Laguna Madre WWTP. • Aeration Basins: Drain and clean the three basins, replace all the fine bubble membrane diffusers, replace butterfly pivot gates with slide gates, replace bridge supports, remove Waste Activated Sludge (WAS) pumps and piping, and provide Return Activated Sludge (RAS) flow meter. • Final Clarifiers: Replace existing scraper equipment and weir troughs. • Influent Structure: Replace non-functioning influent flow meter, add concrete curb to grit pump foundation, and provide windbreaks at dumpster. • Chlorine Contact Chamber: Remove four existing inoperable drain valves on west side and provide new single drain valve in accessible vault. • Sludge Wasting System: Convert wasting from Aeration Basins to wasting from Clarifiers. Provide new WAS piping to Pre-Thickener with actuated control valve and flow meter. • Pre-Thickener: Original scope was to refurbish existing equipment but recent failures and observed condition of existing condition has led to providing replacement of the equipment. Replacement of sludge airlift pump with submersible pumps. • Aerobic Digester: Replace existing manual slide gates with self-contained handwheel operated gates and frames and provide access walkways. Replacement of all steel handrail and new aluminum handrail. • Sludge Concentrator: Replace badly corroded existing equipment with new and replace airlift pump with two duplex submersible settled solids pumps. • Digester Sludge Holding Tank: Remove existing fiberglass covers and provide handrail around perimeter. Provide waste solids flow meter. • Belt Press Sludge Holding Tank: Replace FRP ladder with stairs and replace FRP handrail with aluminum handrail. • Belt Press Building: Minor refurbishment of building, replace polymer system and replace belt press with new ring press. • Miscellaneous: Replace various damaged handrail and inoperable buried valves, paint non-potable water pumps, provide concrete housekeeping pads at various piping locations, and provide new area lights around Chlorine Contact Chamber. • Main Office Building: Renovate interior of building, convert two existing rooms into one laboratory room, replace windows, and replace roofing material. • New Office/Break Building: Construct a new building with two small offices and break room with kitchen for employees. • Digester Blower Building: Replace windows and overhead door, and miscellaneous improvements. • Maintenance Building: Provide storm shutters for the two windows and replace two overhead coiling doors. • Plant Lift Station: Replace windows and replace roofing material. The proposed improvements will maintain the plants current processing capacity of 3 MGD, with a two-hour peak flow of 9 MGD. PROJECT TIMELINE: 2021 2022 F M A M J J A S O N D J 7F M A M J Bid/ Award Construction Project schedule reflects City Council award in May 2021 with anticipated completion in June 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids. On April 7, 2021, the City received bids from five bidders. The City analyzed the bids in accordance with the contract documents and determined Associated Construction Partners, Ltd is the lowest responsive and responsible bidder. Associated Construction Partners, Ltd has successfully completed numerous City utility projects since 2012 including Greenwood VVWTP 2011 Improvements, Greenwood VVWTP Lift Station Force Main, and Laguna Madre WWTP Headworks and Bar Screen Improvements. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Associated Construction Partners, Ltd $4,494,321.00 Reytec Construction Resources, Inc. $4,539,000.00 Garney Companies, Inc. $4,768,978.00 CSA Construction $5,329,000.00 Flintco Industrial $5,859,634.00 Engineer's Opinion of Probable Construction Cost $4,686,161.00 ALTERNATIVES: The alternative is not to award the construction contract to the low-bidder, Associated Construction Partners, Ltd. This would delay improvements to the wastewater treatment plant and create more costly maintenance in the future. Not awarding the construction contract would eventually cause TCEQ permit violations and fees. FISCAL IMPACT: The fiscal impact for the FY 2021 is an amount of$4,494,321.00 with funding available from the Wastewater Capital Fund. The FY 2021 CIP has an amount of $2,500,000.00 and FY 2022 an amount of $2,330,000.00 budgeted for the project. There is sufficient funding available to cover budgeted costs for both FY 2021 and FY 2022. FUNDING DETAIL: The CIP shows this project is ready to be implemented and there is sufficient funding budgeted to cover expenditures. Fund: Wastewater 2021 CIP (Fund 4258) Mission Elem: Wastewater Collection System (042) Project: Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Account: Construction (550910) Activity: 18086-A-4258-EXP Amount: $ 4,494,321.00 Year 1 : $ 2,340,000.00 Year 2 : $ 2,154,321.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Laguna Madre WWTP Rehabilitation project to Associated Construction Partners, Ltd, in the amount of $4,494,321.00. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in June 2021. LIST OF SUPPORTING DOCUMENTS: Bid Tab Location and Vicinity Map FY 2021 CIP Page Contract CITY OF CORPUS CHRISTI,TEXAS Bid Tab-RFB 3446 Laguna Madre WWTP Rehabilitation(18068A) Engineer's OPCC $4,686,161 Bid Date:April 7,2021 Time of Completion:365 Calendar Days DescriptionItem Unit Price TOTAL Unit Price Resources,TOTAL Unit Price• TOTAL Unit Price• TOTAL Unit Price• TOTAL Al Mobilization(Max 5%) LS 1 $210,000.00 $210,000.00 $217,872.00 $217,872.00 $225,000.00 $225,000.00 $200,000.00 $200,000.00 $275,000.00 $275,000.00 A2 Bonds and Insurance LS 1 $40,000.00 $40,000.00 $45,390.00 $45,390.00 $40,000.00 $40,000.00 $45,000.00 $45,000.00 $122,900.00 $122,900.00 A3 Allowances for Unanticipated Work AL 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 Industrial tt� A4 Allowance for Aeration Equipment Unanticipated Repairs AL 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 AS Allowance for City Building Permit AL 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 Sub Tota is $312,000.00 $325,262.00 $327,000.00 $307,000.00 $459,900.00 B1 •Concrete Sidewalk SF 230 $10.00 $2,300.00 $16.00 $3,680.00 $8.00 $1,840.00 $10.00 $2,300.00 $15.00 $3,450.00 B2 Asphalt Pavement Repair SY 60 $36.00 $2,160.00 $95.00 $5,700.00 $45.00 $2,700.00 $40.00 $2,400.00 $180.00 $10,800.00 B3 Aeration Basin No.1 Drain Valve Replacement LS 1 $10,000.00 $10,000.00 $3,500.00 $3,500.00 $3,585.00 $3,585.00 $2,000.00 $2,000.00 $8,209.00 $8,209.00 B4 Trench Safety(@ drain line) LF 110 $50.00 $5,500.00 $4.00 $440.00 $9.00 $990.00 $10.00 $1,100.00 $22.00 $2,420.00 Sub Totals $19,960.00 $13,320.00 $9,115.00 $7,800.00 $24,879.00 C1 Wastewater Plant Improvements(all work for the improvements included in the Contract Documentsthat are no specifically describes in another Bid Item) LS 1 $3,044,000.00 $3,044,000.00 $2,787,057.00$2,787,057.00 $3,135,067.00$3,135,067.00 $3,870,839.00$3,870,839.00 $4,117,700.00$4,117,700.00 C2 New Main Office Bulding LS 1 $295,000.00 $295,000.00 $480,000.00 $480,000.00 $381,153.00 $381,153.00 $200,000.00 $200,000.00 $347,800.00 $347,800.00 C3 Submersible Pumps(Pre-Selected and as described in Spec 1E24) LS 1 $64,361.00 $64,361.00 $64,361.00 $64,361.00 $64,361.00 $64,361.00 $64,361.00 $64,361.00 $64,361.00 $64,361.00 C4 Dewatering Press Equipment(Pre-Selected and as described in 3E24) LS 1 $549,000.00 $549,000.00 $549,000.00 $549,000.00 $549,000.00 $549,000.00 $549,000.00 $549,000.00 $549,000.00 $549,000.00 C5 Electrical Improvements LS 1 $210,000.00 $210,000.00 $320,000.00 $320,000.00 $303,282.00 $303,282.00 $330,000.00 $330,000.00 $295,994.00 $295,994.00 Sub Totals $4,162,361.00 $4,200,418.00 $4,432,863.00 $5,014,200.00 $5,374,855.00 Grand Total $4,494,321.00 $4,539,000.00 $4,768,978.00 $5,329,000.00 $5,859,634.00 wmw �� Yw b SCALE: N.T.S. PROJECT LOCATION CORPUS CHR6fl BAY VICINITY MAP msr NOT TO SCALE OSO BAY CORPUS CHRISTI NAVAL AIR STATION PROJECT LOCATION FLOUR BLUFF LAGUNA 358 MADRE J 0 m� J� v LOCATION MAP NOT TO SCALE Project Number: 18086A LAGUNA MADRE WASTEWATER CITY COUNCIL EXHIBIT TREATMENT PLANT REHABILITATION CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES .r a nw . � " 1p .` ` SCALE: N.T.S. 4t ��'► e " '� . � m .. lo co m �= 0V v Q e PROJECT LOCATIMwl T-4ON ,� e LAGUNA MADRE I� I ►V^ �� re e", 4 .* AERIAL MAP NOT TO SCALE Project Number: 18086A LAGUNA MADRE WASTEWATER CITY COUNCIL EXHIBIT TREATMENT PLANT REHABILITATION CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2019 rhru 2023 City of Corpus Christi, Texas Project# 18086A Project Name Laguna Madre Plant Rehabilitation Type Improvement/Additions Department Wastewater Useful Life 25 years Contact Director of Water Utilities Category Wastewater Priority 2 Critical-Asset Condition\longe Status Active Description This project involves replacement of a portable office building,stairs and railing for new grit system,scum system replacement and clarifier equipment replacement. Project also proposes upgrades from diffused air system to fine bubbles,rehabilitation of thickener equipment,sludge holding tank and polymer system. Replacement of non-potable water system and installation of SCADA system is included. Justification Consistency with the Comprehensive Plan:Policy Statements pg.48: 1,3&6;pp. 55-58;Wastewater Master Plan This project is required to meet operational and regulatory requirements Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 2,140,000 2,000,000 4,140,000 Testing 25,000 25,000 Inspection 100,000 100,000 200,000 Design 170,500 170,500 Contingency 200,000 200,000 400,000 Engineering Svc 35,000 30,000 65,000 Total 170,500 2,500,000 2,330,000 5,000,500 Funding Sources 2019 2020 2021 2022 2023 Total PAYGO 170,500 170,500 Revenue Bonds 2,500,000 2,330,000 4,830,000 Total 170,500 2,500,000 2,330,000 5,000,500 Budget Impact/Other 71 This project is required to meet operational and regulatory requirements 680 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT r Laguna Madre Wastewater Treatment Plant Rehabilitation 18086A CONTRACT NO. 3446 Project Specifications and Drawings available at: Y:\00 LEGISTAR CONST PLANS SPECS\Item No . 21 -0162 Laguna Madre WWTP Rehab DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B CONTRACT DOCUMENTS FOR CONSTRUCTION OF LAGUNA MADRE WASTEWATER TREATMENT PLANT REHABILITATION Project Number 18086A 4 -1852, {..., rr.,.r,c.,a ENGINEERING 2725 SWANTNER ST. CORPUS CHRISTI, TX 78404 (361) 854-3101 TBPE FIRM No. 145 TBPLS FIRM No. 10032400 Record Drawing Number STL 228 CONFORMANCE SET FOR CONSTRUCTION ASSEMBLED 04/16/2021 DECEMBER 2020 UE Job No. 09984.69.00 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Contracting Requirements 00 52 23 Agreement (Rev 8-2019) 00 72 00 General Conditions (Rev 8-2019) 00 73 00 Supplementary Conditions (Rev 8-2019) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 01 23 10 Alternates and Allowances (Rev 10-2018) 01 29 01 Measurement and Basis for Payment (Rev 8-2019) 01 33 01 Submittal Register(Rev 10-2018) 01 35 00 Special Procedures (Rev 10-2018) 01 50 00 Temporary Facilities and Controls (Rev8-2019) 01 57 00 Temporary Controls (Rev8-2019) Part S Standard Specifications-NONE Part T Technical Specifications Technical Special Provisions 01011 Equipment Documentation Requirements 1E24 Pre-Selected Equipment ( With the following specs) 11B5[1] - Wet Pit Submersible Pumps (Wastewater) 11D12[3]- Sludge Dewatering Equipment 2A2[1] Deviations Occasioned By Existing Obstructions 2A3[1] Clearing, Grubbing and Stripping 2B1[1] Site Grading 2B2[1] Structural Excavation and Backfill 2B3[1] Pipe Trench Excavation and Backfill 2B10[1] Compacted Embankment 2H16[1] Concrete Sidewalk and Concrete Driveways 2H17[1] Removing and Replacing Pavements, Curb and Gutter, Driveways and Sidewalk 2H18[1] Portland Cement Concrete Pavement 2J1[2) Vegetative Treatment Table of Contents 000100- 1 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Division/ Title Section 3A Concrete Formwork 3B Concrete Reinforcement 3C Cast-in-Place Concrete 3C1 Normal Weight Aggregate Concrete 3C4[1] Concrete Structures 5A1[i] Structural Steel and Other Metals 5E2[i] Stairs and Walkways 5E3[3] Handrails 5E5[2] Floor Grating (Galvanized Steel) 5E8[2] Fixed Aluminum Louvers 5E9[2] Aluminum Access Covers (Standard Weight) 7C1[2] Blanket Insulation 7E4[1] Preformed Plastic Panels 7F5[i] Modified Bitumen Roofing (Concrete Decking) 7G3[1] Gutters and Downspouts 8C4[1] Fiberglass Doors and Frames 8C7[1] Rolling Service Doors 8D5[2] Aluminum Windows (Horizontal Slide) 8F1[1] Door Hardware 8K1[i] Glass Block Windows 9F1[2] Suspended Ceilings 9K[i] Painting 10C1[1] Heavy Duty Fiberglass Grating 11C10[6] Ultrasonic Flow Measuring Equipment 11D6[7] Fine Bubble Aeration Equipment 11D8[2] Clarifier Equipment(Circular-Hydraulic Differential) 11D11[1] Sludge Thickener Equipment (Bridge Supported) 11D22[5] Telescoping Valves 11G3[3] Danger Signs 12C1[5] Laboratory Fixtures, Cabinets and Furniture 12F1[2] Office Furniture 13C1[1] General Requirements 14C7[2] Jib Cranes Table of Contents 000100-2 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Division/ Title Section 15C2[5] Ductile Iron Pipe and Fittings 15C3[31 Polyvinyl Chloride Pipe and Fittings 15C5[i] Installation of Process Piping 15C6[i] Testing of Process Piping 15C12[1] Fiberglass Manholes for Process Piping 15C14[1] Pipe Hangers and Supports 15C20[i] Pipe Labeling 15D3[1] Plug Valves 15D4[i] Check Valves (Swing Check) 15D9[i] Air Release Valves 15D22[i] Plastic Valves and Strainers 15D30[i] Miscellaneous Gauges and Valves 15E2[21 Mechanically Operated Slide Gates 15E3[5] Cast Iron Sluice Gates (Pipe Mounted) 15E8[i] Downward Opening Weir Gates 15F3[31 Electric Actuators 22 00 00 Basic Plumbing Requirements 22 07 19 Plumbing Piping Insulation 22 11 16 Domestic Water Piping 2213 16 Sanitary Water and Vent Piping 22 30 00 Plumbing Equipment 23 31 16 Nonmetal Ducts 23 33 00 Duct Accessories 23 37 13 Diffuser, Registers and Grilles 23 74 13 Package, Outdoor, Central-Station Air-Handling Units 26 01 26 Electrical Testing 26 05 00 Common Work Results for Electrical 26 05 19 Low-Voltage Electrical Power Conductors and Cables 26 05 19.01 Wire Connections and Devices 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Table of Contents 000100-3 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Division/ Title Section 26 05 53 Identification for Electrical Systems 26 22 00 Low-Voltage Transformers 26 24 16 Panelboards 26 24 19 Motor Control Centers 26 27 26 Wiring Devices 26 28 16 Enclosed Switches and Circuit Breakers 26 50 00 Lighting Table of Contents 000100-4 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Division/ Title Section Drawings Drawings and Other Design Documents 1 LOCATION MAP & INDEX 2 LEGEND, NOTES AND TESTING SCHEDULE 3 EXISTING SITE PLAN AND KEY MAP 4 MISCELLANEOUS DETAILS 5 INFLUENT STRUCTURE AREA PLAN 6 INFLUENT STRUCTURE IMPROVEMENTS PLAN AND SECTIONS 7 AERATION BASIN MODIFICATION PLAN 8 AERATION BASIN DEMOLITION SECTIONS 9 AERATION BASIN GATE REPLACEMENT 10 AERATION BASIN DIFFUSER REPLACEMENT 11 AERATION BASIN MISCELLANEOUS DETAILS 12 CLARIFIER DEMOLITION PLAN AND SECTION 13 CLARIFIER EQUIPMENT REPLACEMENT PLAN 14 CLARIFIER EQUIPMENT REPLACEMENT SECTIONS 15 CLARIFIER STRUCTURAL IMPROVEMENTS SHT. 1 OF 2 15A CLARIFIER STRUCTURAL IMPROVEMENTS SHT. 2 OF 2 16 CHLORINE CONTACT CHAMBER NEW DRAIN LINE PLAN 17 CHLORINE CONTACT CHAMBER NEW DRAIN LINE SECTIONS 18 CHLORINE CONTACT CHAMBER MODIFICATIONS PLANS AND SECTIONS 19 PRE-THICKENER EQUIPMENT REPLACEMENT PLAN AND SECTIONS 20 PRE-THICKENER NEW SLUDGE PUMP STATION 21 PRE-THICKENER AND AEROBIC DIGESTER DEMOLITION PLAN 22 AEROBIC DIGESTER DEMOLITION SECTIONS 23 SLUDGE CONCENTRATOR DEMOLITION SECTIONS AND DETAILS 24 AEROBIC DIGESTER IMPROVEMENTS PLAN 25 SLUDGE CONCENTRATOR REPLACEMENT PLAN AND SECTIONS 26 DIGESTER SLUDGE HOLDING TANK IMPROVEMENTS 27 SLUDGE DAY TANK MODIFICATIONS PLAN AND SECTIONS 28 DEWATERING BUILDING LOWER FLOOR DEMOLITION PLAN 29 DEWATERING BUILDING LOWER FLOOR MODIFICATION PLAN Table of Contents 000100-5 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Division/ Title Section 30 DEWATERING BUILDING UPPER FLOOR DEMOLITION PLAN AND SECTIONS 31 DEWATERING BUILDING UPPER FLOOR MODIFICATION PLAN 32 DEWATERING BUILDING UPPER FLOOR MODIFICATION SECTIONS 33 DEWATERING BUILDING RING PRESS FOUNDATION PLAN AND SECTIONS 34 BLOWER BUILDING MODIFICATION PLAN 35 BLOWER BUILDING MODIFICATION SECTIONS 36 MAINTENANCE BUILDING MODIFICATIONS 37 LIFT STATION BUILDING MODIFICATIONS 38 MAIN OFFICE BUILDING ROOFING REPLACEMENT 39 MAIN OFFICE BUILDING DEMOLITION PLAN 40 MAIN OFFICE BUILDING MDOFICATION PLAN AND SECTIONS 41 MAIN OFFICE BUILDING MODIFICATION SECTIONS 42 NEW OFFICE BUILDING SITE PLAN 43 NEW OFFICE BUILDING RAMP PLAN AND SECTIONS 44 S1 NEW OFFICE BUILDING STRUCTURAL NOTES 45 S2 NEW OFFICE BUILDING STRUCTURAL NOTES 46 S3 NEW OFFICE BUILDING STRUCTURAL NOTES 47 S4 NEW OFFICE BUILDING STRUCTURAL NOTES 48 S5 NEW OFFICE BUILDING STRUCTURAL NOTES 49 S6 NEW OFFICE BUILDING STRUCTURAL PLAN 50 S7 NEW OFFICE BUILDING ROOF FRAMING PLAN 51 S8 NEW OFFICE BUILDING ROOF FRAMING SECTIONS 52 G100 ARCHITECTURAL-CODE EVALUATION 53 G101 ADA/TASI 54 G102 ADA/TAS II 55 G103 ADA/TAS III 56 G104 ADA/TAS IV 57 A200 ARCHITECTURAL-NOTED PLAN 58 A201 ARCHITECTURAL-ROOF/RCP 59 A400 ARCHITECTURAL-EXTERIOR ELEVATION 1 60 A401 ARCHITECTURAL-EXTERIOR ELEVATION 11 Table of Contents 000100-6 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Division/ Title Section 61 A402 ARCHITECTURAL-EXTERIOR ELEVATION III 62 A403 ARCHITECTURAL-EXTERIOR ELEVATION IV 63 A600 ARCHITECTURAL-SPECIFICATIONS 1 64 A601 ARCHITECTURAL-SPECIFICATIONS 11 65 A602 ARCHITECTURAL-GENERAL NOTES 1 66 A603 ARCHITECTURAL-SCHEDULES 1 67 A604 ARCHITECTURAL-WALL TYPES 1 68 A605 ARCHITECTURAL-DETAILS 1 69 A800 ARCHITECTURAL-INTERIOR ELEVATIONS 1 70 A801 ARCHITECTURAL-MILLWORK 1 71 E1 ELECTRICAL LEGEND 72 E2 ELECTRICAL SITE PLAN 73 E3 OFFICE DEMOLITION PLAN 74 E4 LABORATORY BUILDING NEW WORK PLANS 75 E5 DEWATERING BUILDING ELECTRICAL DEMOLITION PLAN 76 E6 DEWATERING BUILDING ELECTRICAL PLAN 77 E7 INFLUENT AREA ENLARGED PLAN 78 E8 NEW OFFICE BUILDING LIGHTING & POWER PLANS 79 E9 AEROBIC DIGESTER ELECTRICAL PLAN 80 E10 AEROBIC DIGESTER ENGLARGED ELECTRICAL PLANS 81 E11 ECR BUILDING PLAN AND ELEVATIONS 82 E12 ELECTRICAL ONE LINE DIAGRAM DEMOLITION 83 E13 ELECTRICAL ONE LINE DIAGRAM NEW WORK 84 E14 SCHEMATIC DIAGRAMS 85 E15 DEWATERING SYSTEM BLOCK DIAGRAM 86 E16 ELECTRICAL DETAILS 87 E17 ELECTRICAL SCHEDULES SHEET 1 OF 2 88 E18 ELECTRICAL SCHEDULES SHEET 2 OF 2 89 M1 NEW OFFICE HVAC PLAN 90 P1 NEW OFFICE PLUMBING PLAN 91 P2 PLUMBING DETAILS Table of Contents 000100-7 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Division/ Title Section Appendix Title 1 Geotechnical Report END OF SECTION Table of Contents 000100-8 Laguna Madre Wastewater Treatment Plant Rehabilitation (Project No. 18086A) Rev 7/2020 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B �yUS C� Go H U yea na o n n+�� 1$52 00 52 23 AGREEMENT This Agreement is between the City of Corpus Christi (Owner) and Associated Construction Partners Ltd. (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: Laguna Madre Wastewater Treatment Plant Rehabilitation Project No. 18086A ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Urban Engineering TBPE Firm No. 145 2725 Swantner St Corpus Christi,TX 78404 Mark Maroney, P.E. markm@urbaneng.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 Road, Bldg.#5 Corpus Christi,TX 78411 ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 420 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 450 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 Laguna Madre Wastewater Treatment Plant Rehabilitation—Project No. 18086A Rev 03/21 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B 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 750 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 $ $4,494,321.00 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 Laguna Madre Wastewater Treatment Plant Rehabilitation—Project No. 18086A Rev 03/21 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B 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 Laguna Madre Wastewater Treatment Plant Rehabilitation—Project No. 18086A Rev 03/21 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B 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 Laguna Madre Wastewater Treatment Plant Rehabilitation—Project No. 18086A Rev 03/21 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B 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. Solicitation documents. 2. Specifications, forms, and documents listed in SECTION 00 0100 TABLE OF CONTENTS. 3. Drawings listed in the Sheet Index. 4. Addenda. 5. Exhibits to this Agreement: a. Contractor's Bid Form. b. Wastewater Consent Decree Special Conditions. 6. Documentation required by the Contract Documents and submitted by Contractor prior to Notice of Award. 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. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff Agreement 005223-5 Laguna Madre Wastewater Treatment Plant Rehabilitation—Project No. 18086A Rev 03/21 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B AUTHORIZED APPROVED AS TO LEGAL FORM: BY COUNCIL Assistant City Attorney ATTEST(IF CORPORATION) CONTRACTOR Associat -ba%4"abk.)n Partners, Ltd. (Seal Below) By: �l� �IwipSbin Note: Attach copy of authorization to sign if Title: President person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 215 Bandera Rd., Ste 114-461 Financial Officer Address Boerne TX 78006 City State Zip 210-698-8714 Phone Fax jill@acpartners.org Email END OF SECTION Agreement 005223-6 Laguna Madre Wastewater Treatment Plant Rehabilitation-Project No. 18086A Rev 03/21 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision — The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B any contrary city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Report Created On:4/7/21 8:21:23 PM BID TOTALS BASE BID Total Part A General $312,000.00 Part B Site Improvements $19,960.00 Part C Wastewater Plant Improvements $4,162,361.00 Total $4,494,321.00 Part A General No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max 5%) LS 1 $210,000.00 $210,000.00 A2 Bonds and Insurance LS 1 $40,000.00 $40,000.00 A3 Allowances for Unanticipated Work AL 1 $50,000.00 $50,000.00 A4 Allowance for Aeration Equipment AL 1 $10,000.00 $10,000.00 Unanticipated Repairs A5 Allowance for City Building Permit AL 1 $2,000.00 $2,000.00 Subtotal:$312,000.00 Part B Site Improvements No. Description Unit Qty Unit Price Ext Price B1 Concrete Sidewalk SF 230 $10.00 $2,300.00 B2 Asphalt Pavement Repair SY 60 $36.00 $2,160.00 B3 Aeration Basin No. 1 Drain Valve LS 1 $10,000.00 $10,000.00 Replacement B4 Trench Safety(@ drain line) LF 110 $50.00 $5,500.00 Subtotal: $19,960.00 Part C Wastewater Plant Improvements No. Description Unit Qty Unit Price Ext Price DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Report Created On:4/7/21 8:21:23 PM C1 Wastewater Plant Improvements(all LS 1 $3,044,000.00 $3,044,000.00 work for the improvements included in the Contract Documents that are no specifically describes in another Bid Item) C2 New Main Office Bulding LS 1 $295,000.00 $295,000.00 C3 Submersible Pumps(Pre-Selected and LS 1 $64,361.00 $64,361.00 as described in Spec 1 E24) C4 Dewatering Press Equipment(Pre- LS 1 $549,000.00 $549,000.00 Selected and as described in 1 E24) C5 Electrical Improvements LS 1 $210,000.00 $210,000.00 Subtotal: $4,162,361.00 DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Report Created On:4/7/21 8:21:23 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE RFB 3446 ADDENDUM 1 04/05/2021 21:38:36 PM RFB 3446 ADDENDUM 2 04/05/2021 21:38:37 PM DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B Report Created On:4/7/21 8:21:23 PM REQUIRED DOWNLOADS TYPE NAME DOWNLOAD DATE Invitation To Bid RFB 3446 Laguna Madre WWTP 3/1/21 11:17:28 AM Drawings Bid Docs RFB 3446 Laguna Madre WWTP Specs 3/16/21 9:47:33 AM Addenda RFB 3446 ADDENDUM 1 3/23/21 10:04:01 AM Addenda RFB 3446 ADDENDUM 2 4/1/21 8:06:23 AM DocuSign Envelope ID:3E6BEBFE-97CE-48C5-B96A-D65EEA9B203B 00 3,11, Lal BID FORM Project Name: Laguna Madre Wastewater Treatment Plant Rehabilitation Project Number-, 18086A Owner: City of Corpus Christi OAR: Designer: Urban 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: Associated Construction Partners, Ltd. (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: Jill Simpson (printed name of person signing Bid Form) Title: President (title of person signing Bid Form) Attest: 4 (, (signature) State of Residency: Texas Federal Tx ID No. 26-2197773 Address for Notices: 215 W Bandera Rd.,Ste. 114-461 Boerne,TX 78006 Phone: 210-698-8714 Email: rachel@acpartners.org ADDENDUM NO. 1 Bid Form ATTACHMENT NO. 1 00 30 01-Page 1 of 2 Laguna Madre Wastewater Treatment Plant Rehabilitation-Project No:18086A PAGE 1 OF 2 Rev 8/2019 �pUS C °° -,Fill C NOApOAp'E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of May 25, 2021 DATE: May 25, 2021 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(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 Award Police Sub-station Flour Bluff Building Improvements (Bond 2018, Proposition E) CAPTION: Motion awarding a construction contract to Barcom Construction, Inc., Corpus Christi, Texas, for the Police Sub-station Flour Bluff Building Improvements project, located in Council District 4, in an amount of $1,543,415.00 with FY 2021 funding available from the Facilities Maintenance Capital Fund and Bond 2018 Fund. SUMMARY: This item awards a construction contract for the Police Sub-station Flour Bluff Building Improvements. The project scope consists of building improvements like upgrading exterior, interior, electrical, mechanical, and plumbing systems. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) Flour Bluff police substation is located at 1456 Waldron Road and was built in the 1970s. The original floor area is 4,200 square feet and the interior is split to house two tenants. The police utilize the space on the western half of the building and the remaining half of the building is currently vacant. The building needs major interior and exterior upgrades due to its age. Currently there are 10 to 12 CCPD employees based at the Flour Bluff substation. After the improvements are complete, CCPD will utilize the entire building space. The renovated facility will have the capacity to house up to 54 employees. Interior improvements include: the demolition of the existing interior partitions, floor finishes, ceilings, partitions, finishes, electrical distribution, LED lighting upgrades, IT cabling, communication cabling and a new HVAC system. Exterior improvements include: a new aluminum storefront facing Waldron Road, a new roof, a partial replacement of existing metal panel fascia, new building signage, removal of the existing teller window, re-painting of existing fluted concrete masonry unit and metal panel fascia, and existing parking lot will be patched and repaired. The construction contract includes reconfiguring the public parking lot for up to 33 cars, including two ADA spaces as required by the Texas Department of Regulation and the Department of Justice. The Flour Bluff Police Substation, Ethyl Eyerly Senior Center, Parker City Pool, and Parker Park share the existing public parking lot, which will be improved. Landscaping and irrigation improvements required by the City Unified Development Code are included in the parking lot scope of work. Alternate No. 1 includes the following additional work: Security fencing, automatic security gates, and new lighting to provide secured parking for up 19 police department vehicles. This project was designed by Gignac & Associates LLC using the current Master Service Agreement for architectural services. Upon project completion, the Corpus Christi Police Department will have a modern police substation facility that will allow the CCPD workforce to operate and serve the public in a more efficient and effective manner. Building systems that have exceeded their useful life will have been recapitalized. PROJECT TIMELINE: 2021-2022 May — September Construction Project schedule reflects City Council award in June 2021 with anticipated completion in 240 days by February 2022. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bids on April 14, 2021. The City received bids from four bidders. The City analyzed the bids in accordance with the contract documents and determined Barcom Construction, Inc is the lowest responsive and responsible bidder. The cost of the building remodel, and building improvements is roughly $223 per square foot. This cost includes $32,208 for mobilization, bonds, and insurance, $23,537 for selective demolition, and $910,700 for the interior and exterior building improvements. Additionally, the parking improvements will cost $576,970. Barcom Construction, Inc. has previously completed many projects for the City, including Fire Station 18,the Dimitt Pier Improvements Project, the Health Dept.Walk-in Cooler,Whitecap WWTP Facilities Improvements, and is now currently working on the City Hall 6th Floor Conference Room Renovation. BID SUMMARY CONTRACTOR BASE BID BASE BID —ADDITIVE ALTERNATE 1. Barcom Construction $1,232,985.00 $1,543,415.00 2. Gourley Contractors, INC. $1,355,539.00 $1,751,908.00 3. STBP, INC. $1,303,700.00 $1,679,703.00 4. Marshall Co. LTD $1,399,200.00 $1,854,200.00 Engineer's Opinion of Probable Construction Cost $1,333,434.00 ALTERNATIVES: City Council could reject the bids and provide direction to re-advertise, which is not likely to produce a lower bid due to inflation and an unprecedented spike in materials cost. The City Council can request to alter the design and re-advertise to better target available funds. Either of the options will delay the Police Sub-station Flour Bluff Building Improvements. FISCAL IMPACT: The fiscal impact in FY 2021 is an amount of$1,543,415.00 with funding available from the Facilities Maintenance Capital Fund and Bond 2018 Fund. FUNDING DETAIL: The CIP shows this item is ready to be implemented in FY 2021. The Bond 2018 Proposition E, Police Substations was approved with a budget of$481,000 for Holly Road and Flour Bluff building improvements. The Holly Road Sub-station improvements were completed by in-house Asset Management maintenance team, leaving the $481,000 2018 Bond funds for Flour Bluff Substation Project. The remaining short fall in funds for this project will be transferred from the Bond 2018 Proposition E, Police Headquarters project. The Police Headquarters project has project savings due to change in project scope (main electrical panel improvements were removed and emergency generator improvements were added). Attached are the current and revised CIP pages. Fund: Facility Maintenance 2021 Fund (Fund 3116) Mission Elem: Law Enforcement (151) Project: Police Sub-station Flour Bluff Building Improvements (1 8018B) Account: Construction (550910) Activity: 18018-B-3166-EXP Amount $1,068,000.00 Fund: Police 2020 Bond 2018 Fund (Fund 3343) Mission Elem: Law Enforcement (151) Project: Police Sub-station Flour Bluff Building Improvements (1 8018B) Account: Construction (550910) Activity: 18018-B-3343-EXP Amount $475,415.00 RECOMMENDATION: Staff recommends awarding a construction contract for Police Sub-station Flour Bluff Building Improvements to Barcom Construction, Inc. LIST OF SUPPORTING DOCUMENTS: Location Maps Bid Tabs and Bid Recommendation Letter CIP Pages (current and revised) Contract Bid Tabulation CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BID DATE:WEDNESDAY,APRIL 14,2021 MARSHALL CO., GOURLEY CONTRACTORS, STBP,INC. BARCOM POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENTS) P O.BOX 4995, 4921 AMBASSADOR ROW 3817 S.ALAMEDA 1146 HEINSOHN RD. PROJECT NO.18018B CORPUS CHRISTI, CORPPUS CHRISTI,TX CORPUS CHRISTI,TX CORPUS CHRISTI,TX TX 78469 78416 78411 78406 ITEM DESCRIPTION UNIT I QTY UNIT PR AMOUNT UNIT PR I AMOUNT UNIT PR I AMOUNT UNIT PR I AMOUNT Part A-GENERAL Al I Mobilization(Not to exceed 5%) ILS 1 $25,000.00 $67,663.00 $5,000.00 $7,433.00 A2 jBonds&Insurance JAL 1 $86,800.00 $40,734.00 $36,000.00 $24,775.00 A3 IStorm Water Prevention ILS I 1 1 $10,000.00 $7,176.00 $4,700.00 $5,026.00 SUBTOTAL PART A- (Items Al thru A3) $121,800.00 $115,573.00 $45,700.00 $37,234.00 Part B-EXISTING CONDITIONS B1 ISelective Demolition ILS I 1 1 1 $29,500.00 1 1 $28,644.00 1 1$30,000.00 1 1 $23,537.00 SUBTOTAL PART B- (Items B1 thru B1) $29,500.00 $28,644.00 $30,000.00 $23,537.00 Part C-BUILDING IMPROVEMENTS C1 Interior Improvements LS 1 $215,650.00 $306,517.00 $310,000.00 $252,559.00 C2 Exterior Improvements LS 1 $104,250.00 $127,064.00 $109,000.00 $128,619.00 C3 Exterior Door&Windows LS 1 $107,450.00 $53,576.00 $62,000.00 $61,913.00 C4 Roofing,Sheet Metal Flashing and Trim LS 1 $170,300.00 $155,926.00 $160,000.00 $142,456.00 C5 Mechanical LS 1 $155,000.00 $142,003.00 $145,000.00 $158,013.00 C6 Electrical LS 1 $105,800.00 $112,065.00 $116,000.00 $116,599.00 C7 1PIumbing LS I 1 $78,100.LO 78,100.00 $47,350.00 $52,000.00 $50,541.00 SUBTOTAL PART C-(Items C1 thru C7) $936,550.00 $944,501.00 1 1$954,000.00 1 1 $910,700.00 Part D-PARKING LOT IMPROVEMENTS D1 Parking Lot Improvements ILS I 1 1 $122,950.00 $94,246.00 $99,000.00 $96,259.00 D2 IFencing&Gates ILS I 1 1 1 $128,400.00 1 1 $112,575.00 1 1$115,000.00 1 1 $105,255.00 SUBTOTAL PART D-(Items D1 thru D2) $251,350.00 1 $206,821.00 1 1$214,000.00 1 1 $201,514.00 Part E-ALLOWANCES E1 I Unforseen Conditions Allowance JAL I 1 1 1 $60,000.00 $60,000.00 $60,000.00 $60,000.00 SUBTOTAL PART E-ALLOWANCES (Items E1 thru E1) 1 $60,000.00 $60,000.00 $60,000.00 $60,000.00 TOTAL PROJECT BASE BID-(PARTS A THRU E) 1 1 $1,399,200.00 $1,355,539.00 $1,303,700.00 $1,232,985.00 Part F-ADDITIVE ALTERNATE NO.1 F1 Clearing&Grubbing LS 1 $32,300.00 $27,090.00 $1.00 $20,153.00 F2 Site Grading LS 1 $22,250.00 $93,376.00 $1.00 $28,790.00 F3 Asphalt Paving LS 1 $188,900.00 $72,625.00 $272,000.00 $86,370.00 F4 Landscape&Irrigation LS 1 $68,100.00 $72,289.00 $50,000.00 $66,056.00 F5 Fencing&Gates LS 1 $21,050.00 $20,838.00 $20,000.00 $2,478.00 F6 Site Lighting LS 1 $51,600.00 $39,831.00 $34,000.00 $36,335.00 F7 Site Concrete work LS 1 $70,800.00 $70,320.00 $1.00 $70,248.00 SUBTOTAL PART F-(Items F1 thru F7) 1 $455,000.00 $396,369.00 $376,003.00 $31 0,430.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.1(PARTS F $455,000.00 $396,369.00 $376,003.00 $310,430.00 TOTAL PROJECT BASE BID+ADDITIVE ALTERNATE NO.1-(PARTS 1 $1,854,200.00 1 1 $1,751,908.00 $1,679,703.00 1 1 $1,543,415.00 Part G-UNIT PRICES G1 Damaged Truss Top Chord Repair EA 1 $425.00 $460.00 $250.00 $100.. 0 G2 Damaged Truss Bottom chord Repair EA 1 $415.00 $346.00 $250.00 $100.00 G3 Damaged Truss Web Repair EA 1 $550.00 $216.00 $500.00 $150.00 G4 Damaged Truss Gang Nail Plate Repair EA 1 $515.00 $430.00 $250.00 $20.00 ; «� t -:27� PROJECT LOCATION N SCALE: N.T.S. a PROJECT LOCATION LOCATION MAP NOT TO SCALE S qti TEXAS A&M UNIVERSITY CORPUS CHRISTI 358 Z� o 67 OSO BAY CORPUS STI Q NAVAL A ATION Qv ° �v FLOUR UFF czzz �o 2 358 O Z �k J o� YoR�Tow GP �°� ti P22 9 PAC LAG U NA HqN MADRE nil c LOCATION MAP NOT TO SCALE PROJECT NUMBER: 180186 POLICE SUBSTATION FLOUR CITY COUNCIL EXHIBIT BLUFF BUILDING IMPROVEMENTS CITY CORPUS CHRISTI,TEXAS VONI DEPARTMENT T OF ENGINEERING SERVICES 117 ,c 'r tl PROJECT LOCATION n .Ise ��." • '"� �` � r r' �.y: SCALE: N.T.S. .r x i • • S — r ♦ m a • W� • MRS `_—_ O n . m • ♦ Y d 4t it M � I� u Y .y 4 L mm i ".. a1f: V, �v iv VICINITY MAP NOT TO SCALE PROJECT NUMBER: 18018B POLICE SUBSTATION FLOUR CITY COUNCIL EXHIBIT BLUFF BUILDING IMPROVEMENTS CITY CORPS CHRISTI,TEXAS VONI DEPARTMENT T OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT DEPARTMENT aha REQUEST FOR BIDS (" RFB") POLICE SUB-STATION FLOUR BLUFF (BUILDING IMPROVEMENT Bond 2018) PROJECT NUMBER: 18018B Contract No. 3544 Y:\00 CONSTRUCTION CONTRACT ADMIN\18018B Barcom Construction 00 01 00 TABLE OF CONTENTS Division/ Title Section Division 00 Contracting Requirements 00 00 10 Cover Sheet 00 01 00 Table of Contents (revised Add No 2) 00 01 07 Seals Page 00 01 15 List of Drawings Division 00 Procurement and Contracting Requirements 00 52 23 Agreement (Rev 8-2019) 00 72 00 General Conditions (Rev 8-2019) 00 73 00 Supplementary Conditions (Rev 8-2019) Division 01 General Requirements 01 11 00 Summary of Work(Rev 10-2018) 01 23 10 Alternates, Allowances and Unit Prices (Rev 10-2018) 01 29 01 Measurement and Basis for Payment (Rev 8-2019) 01 33 01 Submittal Register(Rev 10-2018) 01 35 00 Special Procedures (Rev 10-2018) 01 50 00 Temporary Facilities and Controls (Rev8-2019) 01 57 00 Temporary Controls (Revs-2019) Part T Technical Specifications 02 41 19 Selective Demolition 03 10 00 Concrete Forms 03 20 00 Concrete Reinforcement 03 33 00 Cast in Place Concrete 04 22 00 Concrete Unit Masonry 04 22 00.13 Concrete Unit Veneer Masonry 05 12 00 Structural Steel 05 56 13 Cast Iron Boots 06 10 00 Rough Carpentry 06 10 53 Miscellaneous Rough Carpentry 06 16 43 Wall Sheathing 06 41 13 Wood Veneer-Faced Architectural Cabinets (added Add No 2) Division/ Title Section 07 21 19 Foamed in Place Insulation 07 27 26 Fluid Applied Membrane Air Barrier 07 42 13.23 Metal Composite Material Wall Panels 07 46 46.13 Fiber Cement Soffit 07 52 16.11 SBS Modified Bitumen Membrane Roofing 07 62 00 Sheet Metal Flashing and Trim 07 92 00 Joint Sealants 08 11 13 Hollow Metal Doors and Frames 081413 Flush Wood Doors PR42 1 mer 08 43 13 Aluminum Framed Entrances 08 56 19 Aluminum Interior Sliding Service Window 08 71 00 Door Hardware 08 80 00 Glazing (added Add No 2) 09 28 16 Glass Mat Fiber Gypsum Board Backing Board 09 29 00 Gypsum Board 09 30 13 Ceramic Tiling 09 51 13 Acoustical Panel Ceilings 09 51 13 Resilient Wall Base 0965 13.13 Vinyl Composition Tile Flooring 09 65 19.23 Solid Vinyl Flooring (LVT) 09 68 13 Carpet Tile 09 91 13 Exterior Painting 09 91 23 Interior Painting 100100 Miscellaneous Specialties 10 11 00 Visual Display Units 101416 gu44imRg Plaques 10 14 19 Dimensional Letter Signage 10 14 23.19 Room Identification Panel Signage 10 22 13.13 Wire Mesh Doors 10 28 13 Toilet Accessories 10 51 13 Metal Lockers 11 19 16 Gun Lockers 12 24 13 Roller Window Shades 22 05 00 Basic Plumbing Requirements Table of Contents 000100- 2 18018B POLICE SUB-STATION FLOUR BLUFF BUILDING IMPROVEMENTS Rev 7/2020 Division/ Title Section 22 05 23 Plumbing Valves 22 05 29 Plumbing Supports and Anchors 22 05 53 Plumbing Identification 22 07 00 Plumbing Insulation 22 08 00 Commissioning of Plumbing Systems 22 20 00 Plumbing Piping and Specialties 22 34 00 Storage Water Heaters 22 40 00 Plumbing Fixtures 23 05 00 Basic Mechanical Requirements 23 05 13 Motors and Controllers 23 05 29 Supports and Anchors 23 05 48 Mechanical Sound and Vibration Control 23 05 53 Mechanical Identification 23 07 00 Mechanical Insulation 23 31 00 Ductwork and Accessories 23 34 00 Fans 23 62 13 Air Cooled Condensing Units 23 74 13 Air handling Units—5 Tons and Below 23 90 00 Testing, Adjusting and Balancing 26 05 00 General Requirements for electrical Work 26 05 19 Wire and Cable (600 Volts and Less) 26 25 20 Wire Connectors and Slices (600 Volts and Less) 26 05 26 Grounding 26 05 33 Raceway Systems 26 05 34 Boxes, Wireways and Auxiliary Gutters 26 25 35 Voice and Data Communication Raceway System 26 05 53 Electrical Identification 26 09 23 Lighting Control Devices 26 24 16 Branch Circuit Panelboards 26 27 26 Wiring Devices 26 28 00 Overcurrent Protection Devices 26 28 16 Disconnect Switches 26 43 00 Transient Voltage Surge Suppression/Surge Protective Devise 26 56 00 Lighting—Interior and Exterior 26 70 00 Public Address System Table of Contents 000100-3 18018B POLICE SUB-STATION FLOUR BLUFF BUILDING IMPROVEMENTS Rev 7/2020 Division/ Title Section 28 31 00 Fire Detection and Alarm 31 31 16 Termite Control (added Add No 2) 32 01 00 Miscellaneous Specialties 32 12 19 Asphalt Paving & Patching 32 31 19 Decorative Metal Fences &Gates (revised Add No 2) Appendix 1 Reports Asbestos Inspection Report- Envirotech Limited Asbestos with Limited Lead Paint Testing Report—Astex Environmental Services Geotechnical Subsurface Investigation Report END OF SECTION Table of Contents 000100-4 18018B POLICE SUB-STATION FLOUR BLUFF BUILDING IMPROVEMENTS Rev 7/2020 DOCUMENT 00 01 15 - LIST OF DRAWING SHEETS 1.1 LIST OF DRAWINGS A. Drawings: Drawings consist of the Contract Drawings and other drawings listed on the Table of Contents page of the separately bound drawing set titled Fire Station 17 Driveway, City of Corpus Christi and as modified by subsequent Addenda and Contract modifications. B. List of Drawings: Drawings consist of the following Contract Drawings and other drawings of type indicated: GENERAL 1 TITLE SHEET AND SHEET INDEX 2 CODE REVIEW 3 SITE PLAN — BASE BID 4 SITE PLAN DEMOLITION —ALTERNATE NO 1 5 SITE PLAN —ALTERNATE NO 1 6 SITE SURVEY 7 SITE PLAN REPAIR— BASE BID 8 GRADING PLAN 9 CIVIL DETAILS 10 CIVIL DETAILS 11 SITE PLAN -ATERNATE NO 1 12 DEMOLITION SITE PLAN —ALTERNATE NO 1 13 GRADING PLAN —ALTERNATE NO 1 14 IRRIGATION PLAN 15 PLANTINF PLAN 16 IRRIGATION DETAILS 17 IRRIGATION AND PLANTING DETAILS 18 FLOOR PLAN 19 SCHEDULES/FURNITURE PLAN 20 WINDOW AND DOOR TYPES 21 EXTERIOR ELEVATIONS 22 WALL SECTIONS 23 WALL SECTIONS 24 WALL PARTITIONS 25 REFLECTED CEILING PLAN 26 ROOF PLAN 27 WINDOWAND DOOR DETAILS 28 ACCESSIBILITY STANDARDS 29 ENLARGED PLANS AND INTERIOR ELEVATIONS 30 GENERAL STRUCTURAL NOTESD 31 GENERAL STRUCTURAL NOTES 32 GENERAL STRUTRUAL DETAILS 33 STRUCTRUAL DEMOLITION PLAN 34 STRUCTURAL FOUNDATION PLAN 35 STRUCTURAL FOUNDATION DETAILS 36 STRUCTURAL FOUNDATION DETAILS 37 STRUCTURAL RENOVATION PLAN 38 STRUCTURAL FRAMING DETAILS 39 STRUCTURAL FRAMING DETAILS 40 STRUCTURAL FRAMINIG PLAN 41 SYMBOLS AND ABBREVIATIONS 42 DEMOLITION SITE PLAN 43 MEP SITE PLAN — BASE BID 44 MEP SITE PLAN —ALTERNATE NO 1 45 MEP SITE PLAN 46 DEMOLITION MECHANICAL PLAN 47 MECHANICAL PLAN 48 MECHANICAL SCHEDULES 49 MECHANICAL DETAILS 50 ELECTRICAL DEMOLITION PLAN LIST OF DRAWING SHEETS 0001 15 - 1 51 ELECTRICAL LIGHTING PLAN 52 ELECTRICAL POWER PLAN 53 ELECTRICAL MECHANICAL POWER PLAN 54 ELECTRICAL ONE LINE DIAGRAMS/DETAILS 55 ELECTRICAL SCHEDULES 56 ELECTRICAL DETAILS 57 FIRE ALARM PLAN 58 DEMOLITION PLUMBING PLAN 59 PLUMBING UNDERFLOOR PLAN 60 PLUMBING PLAN 61 PLUMBING SCHEDULES & DETAILS LIST OF DRAWING SHEETS 0001 15 -2 SECTION 000107-SEALS PAGE PART 1-Seals Page 1.1 DESIGN PROFESSIONALS OF RECORD A. Architect: 1. Raymond Gignac,AIA,Gignac&Associates, LLP 2. Texas Board of Architectural Examiners, Registration#6296 B. Landscape Architect: 1. Alexis Dominquez 2. Texas Board of Architectural Examiners, Registration#2668 C. Civil: 1. Vanessa Rosales-Herrera, PE, 2. Professional Engineer, Registration#103736 D. Structural: 1. Rolando R. Rubiano, PE 2. Professional Engineer, Registration#86369 E. Plumbing: 1. Ian Vohwinkle, PE 2. Professional Engineer, Registration#103809 F. Mechanical: 1. Ian Vohwinkle, PE 2. Professional Engineer, Registration#103809 G. Electrical: 1. Patrick Howard, PE 2. Professional Engineer, Registration#106064 H. Fire Protection: 1. Patrick Howard, PE 2. Professional Engineer, Registration#106064 END OF SECTION 000107 .' SSAf •:r4 y1 d VAPJf: 'ROSAI ES,H • ERl�ERA d 2B eg fi i 03736 �. . OF '[ `°NAS: 01111121 a �acvc+ovq�p 01/11/20201/11/20=�` OF � EoFr dw FI'AW S D fitiIAHIHI A�R11BlM • /IAN C. VOHWINKLE .°°.°.°./ PATRICK J HOWARD o. . . .. . . . ... . .. .. / ------- 103809 k4 Ngg:;� /�ENS 11111 zr)z 1 000107 18018B POLICE SUB-STATION FLOUR BLUFF BUILDING IMPROVEMENTS 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 To be determined Barcom Construction, 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: Police Sub-Station, Flour(Bluff Building Improvements) 18018B ARTICLE 2—DESIGNER AND OWNER'S AUTHORIZED REPRESENTATIVE 2.01 The Project has been designed by: Gignac&Associates, LLP 416 Starr St. Corpus Christi, Texas, 78401 rgarza@gignac-associates.com 2.02 The Owner's Authorized Representative for this Project is: Brett Van hazel 4017 Holly Rd. Bldg 5 Corpus Christi,Texas, 70411brettvh@cctexas.com ARTICLE 3—CONTRACT TIMES 3.01 Contract Times A. The Work is required to be substantially completed within 240 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 270 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 18018B Police Sub-Station, Flour Bluff Building Improvements Rev 7/2020 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. 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 $ 1,543,415.00 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. 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. Agreement 005223- 2 18018B Police Sub-Station, Flour Bluff Building Improvements Rev 7/2020 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. C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. Agreement 005223-3 18018B Police Sub-Station, Flour Bluff Building Improvements Rev 7/2020 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. 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. Agreement 005223-4 18018B Police Sub-Station, Flour Bluff Building Improvements Rev 7/2020 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: 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. ARTICLE 10—CONTRACT DOCUMENT SIGNATURES ATTEST CITY OF CORPUS CHRISTI Rebecca Huerta Michael Rodriguez City Secretary Chief of Staff AUTHORIZED BY COUNCIL Agreement 005223-5 18018B Police Sub-Station, Flour Bluff Building Improvements Rev 7/2020 DocuSign Envelope ID: 11089278-FAC4-4956-823C-660A54823D5B APPROVED AS TO LEGAL FORM: Assistant City Attorney ATTEST(IF CORPORATION) BARCOM CONSTRUCTION, INC. Barcom o acyl R, Inc. (Seal Below) By: Ilt�L �blt�GtS OBB-&FBESSEC--341 ... Note: Attach copy of authorization to sign if Title: Mike Douglas person signing for CONTRACTOR is not President, Vice President, Chief Executive Officer, or Chief 1146 Heinsohn Road Financial Officer Address Corpus Christi Texas 78406 City State Zip 361-510-0730 361-851-1717 Phone Fax mike@barcomcc.com Email END OF SECTION Agreement 005223-6 18018B Police Sub-Station, Flour Bluff Building Improvements Rev 7/2020 00 30 01 BID FORM Project Name: Police Sub-station Flour Bluff(Building Improvements) Project Number: 18018B Owner: City of Corpus Christi OAR: Designer: Gignac and Associates 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: Barcom Construction, Inc. (full legal name of Bidder) Signature: (signature of person with authority to bind the Bidder) Name: Patrick Hoffman (printed name of person signing Bid Form) Title: Treasurer (title of person signing Bid Form) Atte / (signature) State of Residency: Texas Federal Tx ID No. 45-4563476 Address for Notices: 1146 Heinsohn Rd. Corpus Christi,Texas 78406 Phone: 361-851-1000 Email: Patrickh@barcomcc.com Bid Form 00 30 01-Page 1 of 2 18018B Police Sub-station Flour Bluff Rev 8/2019 POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENT Bond 2018) Report Created On:4/14/21 9:47:06 PM PROJECT: POLICE SUB-STATION FLOUR BLUFF (BUILDING IMPROVEMENT Bond 2018) BIDDER: Barcom Construction, Inc. TOTAL BID: $1,543,785.00 COMPLETION TIME: Not Required BIDDER INFO: 5826 Bear Lane Corpus Christi,TX 78405 P: 361-851-1000 F: 361-851-1717 POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENT Bond 2018) Report Created On:4/14/21 9:47:06 PM BID TOTALS BASE BID Total General $37,234.00 Selective Demolition $23,537.00 Interior Improvements $252,559.00 Exterior Improvements $128,619.00 Exterior Doors and Windows $61,913.00 Roofing,Sheet metal Flashing and Trim $142,456.00 Mechanical $158,013.00 Electrical $116,599.00 Plumbing $50,541.00 Parking Lot Improvements $96,259.00 Fencing and Gates $105,255.00 Alternate No. 1 -Clearing and Excavation $20,153.00 Alternate No. 1 -Site Grading $28,790.00 Alternate No. 1 -Asphalt Paving $86,370.00 Alternate No. 1 - Landscaping and Irrigation $66,056.00 Alternate No. 1 - Fencing and Gates $2,478.00 Alternate No. 1 -Site Lighting $36,335.00 Alternate No. 1 -Site Concrete Work $70,248.00 Unit Price- Damaged Truss Top Chord Repair $100.00 Unit Price- Damaged Truss Bottom Chord Repair $100.00 Unit Price- Damaged Truss Web Repair $150.00 Unit Price- Damaged Truss Gang nail Plate Repair $20.00 Allowances $60,000.00 Total $1,543,785.00 General No. Description Unit Qty Unit Price Ext Price POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENT Bond 2018) Report Created On:4/14/21 9:47:06 PM Al Monilization(Not to exceed 5%) Lump 1 $7,433.00 $7,433.00 Sum A2 Bonds and Insurance Lump 1 $24,775.00 $24,775.00 Sum A3 Storm Water Pollution Plan Lump 1 $5,026.00 $5,026.00 Sum Subtotal: $37,234.00 Selective Demolition No. Description Unit Qty Unit Price Ext Price B1 Selective Demolition Lump 1 $23,537.00 $23,537.00 Sum Subtotal: $23,537.00 Interior Improvements No. Description Unit Qty Unit Price Ext Price C1 Interior Improvements Lump 1 $252,559.00 $252,559.00 Sum Subtotal:$252,559.00 Exterior Improvements No. Description Unit Qty Unit Price Ext Price C2 Exterior Improvements Lump 1 $128,619.00 $128,619.00 Sum Subtotal:$128,619.00 Exterior Doors and Windows No. Description Unit Qty Unit Price Ext Price C3 Exterior Doors and Windows Lump 1 $61,913.00 $61,913.00 Sum Subtotal: $61,913.00 Roofing,Sheet metal Flashing and Trim No. Description Unit Qty Unit Price Ext Price C4 Roofing,Sheet Metal Flashing and Trim Lump 1 $142,456.00 $142,456.00 Sum POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENT Bond 2018) Report Created On:4/14/21 9:47:06 PM Subtotal:$142,456.00 Mechanical No. Description Unit Qty Unit Price Ext Price C5 Mechanical Lump 1 $158,013.00 $158,013.00 Sum Subtotal:$158,013.00 Electrical No. Description Unit Qty Unit Price Ext Price C6 Electrical Lump 1 $116,599.00 $116,599.00 Sum Subtotal:$116,599.00 Plumbing No. Description Unit Qty Unit Price Ext Price C7 Plumbing Lump 1 $50,541.00 $50,541.00 Sum Subtotal: $50,541.00 Parking Lot Improvements No. Description Unit Qty Unit Price Ext Price D1 Parking Lot Improvements Lump 1 $96,259.00 $96,259.00 Sum Subtotal: $96,259.00 Fencing and Gates No. Description Unit Qty Unit Price Ext Price D2 Fencing and Gates Lump 1 $105,255.00 $105,255.00 Sum Subtotal:$105,255.00 Alternate No.1 -Clearing and Excavation No. Description Unit Qty Unit Price Ext Price POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENT Bond 2018) Report Created On:4/14/21 9:47:06 PM F1 Clearing and Excavation Lump 1 $20,153.00 $20,153.00 Sum Subtotal: $20,153.00 Alternate No.1 -Site Grading No. Description Unit Qty Unit Price Ext Price F2 Site Grading Lump 1 $28,790.00 $28,790.00 Sum Subtotal: $28,790.00 Alternate No.1 -Asphalt Paving No. Description Unit Qty Unit Price Ext Price F3 Asphalt Paving Lump 1 $86,370.00 $86,370.00 Sum Subtotal: $86,370.00 Alternate No.1 -Landscaping and Irrigation No. Description Unit Qty Unit Price Ext Price F4 Landscaping and Irrigation Lump 1 $66,056.00 $66,056.00 Sum Subtotal: $66,056.00 Alternate No.1 -Fencing and Gates No. Description Unit Qty Unit Price Ext Price F5 Fencing and Gates Lump 1 $2,478.00 $2,478.00 Sum Subtotal: $2,478.00 Alternate No.1 -Site Lighting No. Description Unit Qty Unit Price Ext Price F6 Site Lighting Lump 1 $36,335.00 $36,335.00 Sum Subtotal: $36,335.00 Alternate No.1 -Site Concrete Work POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENT Bond 2018) Report Created On:4/14/21 9:47:06 PM No. Description Unit Qty Unit Price Ext Price F7 Site concrete Lump 1 $70,248.00 $70,248.00 Sum Subtotal: $70,248.00 Unit Price-Damaged Truss Top Chord Repair No. Description Unit Qty Unit Price Ext Price G1 Damaged Truss Top Chord Repai One 1 $100.00 $100.00 Each Subtotal: $100.00 Unit Price-Damaged Truss Bottom Chord Repair No. Description Unit Qty Unit Price Ext Price G2 Damaged Truss Bottom Chord Repair One 1 $100.00 $100.00 Each Subtotal: $100.00 Unit Price-Damaged Truss Web Repair No. Description Unit Qty Unit Price Ext Price G3 Damaged Truss Web Repair One 1 $150.00 $150.00 Each Subtotal: $150.00 Unit Price-Damaged Truss Gang nail Plate Repair No. Description Unit Qty Unit Price Ext Price G4 Damaged Truss Gang nail Plate Repair One 1 $20.00 $20.00 Each Subtotal: $20.00 Allowances No. Description Unit Qty Unit Price Ext Price E1 Unforseen Conditions Allowan 1 $60,000.00 $60,000.00 ce Subtotal: $60,000.00 POLICE SUB-STATION FLOUR BLUFF(BUILDING IMPROVEMENT Bond 2018) Report Created On:4/14/21 9:47:06 PM ACKNOWLEDGE ADDENDA NAME ACKNOWLEDGEMENT DATE Addendum No 1 04/14/2021 18:52:00 PM Addendum No. 2 04/14/2021 18:52:02 PM Addendum No. 3 04/14/2021 18:52:02 PM CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 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. 2021-749282 Barcom Construction, Inc. 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 05/07/2021 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. 18018B General Contractor 4 Nature of interest 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 David Hoffman , and my date of birth is 10/1/1990 M address is 1146 Heinsohn USA My cCorpus Chriti Tx 78406 (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Nueces County, State of Texas on the 7th day of May 20 21 (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 Capital Improvement Plan 2019 thru 2023 City of Corpus Christi, Texas Project# 18018A Project Name Police Substation- Flour Bluff Type Reconditioning-Asset Longevit Department Police Department pADRE ISLAND-FLOUR BLUFF Useful Life 25 years Contact Police Chief f YftL �7�/i� �1� ����1 Category Building Rehabilitation Priority 2 Critical-Asset Condition\longe EMERGENCYNON-EMERGENCy 911 9 886-2600 Status Active Description This project consists of mechanical,electrical and plumbing improvements to this sub-station.Additional interior/exterior renovations will be completed as necessary and allowable with existing budget. Justification The current condition of the building is not conducive to a productive,comfortable working environment. Additionally,damage to furniture and fixtures are taking place due to the facilities problems and disrepair. Expenditures 2019 2020 2021 2022 2023 Total Construction/Rehab 375,000 1,200,000 1,575,000 Testing 13,000 13,000 Inspection 16,300 16,300 Design 22,000 22,000 Contingency 24,450 24,450 Engineering Svc 16,300 16,300 Admin Reimbursement 13,950 13,950 Total 481,000 1,200,000 1,681,000 Funding Sources 2019 2020 2021 2022 2023 Total Certification of Obligation 1,200,000 1,200,000 G.O. Bond 2018 481,000 481,000 Total 481,000 1,200,000 1,681,000 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. 489 Capital Improvement Plan 2020 thrl, 2024 City of Corpus Christi, Texas Project# 18018 .. Project name Police Substation -Flour Bluff Type Recondition/Longevity Department Police Department Useful Life 25 years Contact Police Chief Category Building Rehabilitation Priority 2 Critical-Asset Condition Status Active Description This project consists of mechanical,electrical and plumbing improvements to this sub-station.Additional interior/exterior renovations will be completed as necessary and allowable with existing budget. Justification The current conditions of the building are not conducive to productive,comfortable working environment. Additionally,damage to furniture and fixtures are taking place due to the facilities problems and disrepair Prior Expenditures years 2021 2022 2023 2024 Total Construction/Rehab 1,543,415 1,543,415 Design 146,751 146,751 Engineering/Admin Reimbursement 33,856 169,775 203,631 Tom 180,607 1,713,190 1,893,797 Prior Funding Sources years 2021 2022 2023 2024 Total Certification of Obligation 1,200,000 1,200,000 G.O. Bond 2018 180,607 513,190 693,797 Total 180,607 1,713,190 1,893,797 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. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 25, 2021 DATE: May 18, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology 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 Removal of Harbor Bridge Decorative Lighting System CAPTION: Resolution authorizing a mobilization agreement with Pfeiffer & Son, LTD of LaPorte, Texas in the amount of $448,725.00 for the removal of the Harbor Bridge Decorative Lighting System effective upon issuance of a notice to proceed with FY 2021 funding in the amount of $448,725.00 available in the General Fund with a required 50% reimbursement of $224,362.50 from the Port of Corpus Christi Authority. SUMMARY: This agenda item is for approval of a mobilization agreement to remove the Harbor Bridge Decorative Lighting System because the lighting system structure has become unstable resulting with lighting component units detaching and falling from the Harbor Bridge. BACKGROUND AND FINDINGS: In 2010, Pfeiffer & Son installed a decorative lighting system on the Harbor Bridge. The last inspection was in 2017. In March 2020, the city manager transferred responsibility for the Harbor Bridget Lighting System ("bridge lighting system") from an assistant city manager to the chief information officer. In March 2020, Information Technology (IT) staff attempted to get an inspection of the lighting system; however, because of the COVID- 19 pandemic, travel restrictions delayed the inspection until December 2020. In December 2020, the City Council approved an agreement with Pfeiffer & Son to perform an inspection of the bridge lighting system and to secure or remove any pieces of the lighting system if they were in danger of falling to the ground. Pfeiffer & Son is a Texas Department of Transportation (TxDOT) certified contractor that can perform work on the Harbor Bridge and is the original electrical contractor that installed the bridge lighting system in 2010. The inspection identified that the existing steel mounting brackets (encased in PVC (plastic) pipes) holding the bridge lighting system are severely corroded and unstable. The mounted brackets have become compromised and can break at any time. At the time of installation in 2010, stainless steel was recommended to be used, but the City did not pursue that option. Pfeiffer & Son provided two options for the City of Corpus Christi: 1 . Replace all corroded mounting brackets with stainless steel brackets and repair some of the lighting at an approximate cost of $850,000 which would take 16 weeks to complete; or 2. Remove the entire bridge lighting system at a cost of $448,725 which would take 10 weeks to complete. Scott Electric, Pfeiffer & Son, and TxDOT have made multiple repairs including removal of pieces of the bridge lighting system in the past year. At this time, it is recommended to completely remove the bridge lighting system. ALTERNATIVES: The alternative is to replace the mounting brackets holding the Harbor Bridge Decorative Lighting System with stainless steel brackets at a cost of $850,000 which would take 16 weeks to complete. FISCAL IMPACT: In 2010, the City of Corpus Christi and the Port of Corpus Christi entered into a Local Transportation Project Advance Funding Agreement ("AFA") with the Texas Department of Transportation (TxDOT)for the installation, maintenance, and operations of decorative lighting on the Harbor Bridge. In the AFA, both the City and Port will be equally responsible for the maintenance of the decorative lighting system on the Harbor Bridge. The City's CIO is in discussion with Port of Corpus Christi staff regarding reimbursement of 50% of the cost to take down the decorative lighting system. The fiscal impact for the City's General Fund in FY 2021 is an amount not to exceed $450,000.00. $500,000.00 is available in the General Fund's operating contingency which is set aside for unforeseen circumstances such as this. Reimbursement is being sought from the Port of Corpus Christi for their 50% share or approximately $225,000.00. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12461 Harbor Bridge Lighting Mission Element: 053 Signals, Signs, and Markings Project # (CIP Only): n/a Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of a mobilization agreement with Pfeiffer & Son, LTD in the amount of $448,725.00 for the removal of the Harbor Bridge lighting system. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing a mobilization agreement with Pfeiffer & Son, LTD of LaPorte, Texas in the amount of$448,725.00 for the removal of the Harbor Bridge Decorative Lighting System, effective upon issuance of a notice to proceed with FY 2021 funding in the amount of$448,725.00 available in the General Fund with a required 50% reimbursement of $224,362.50 from the Port of Corpus Christi Authority. WHEREAS, this item is for the removal of the entire Harbor Bridge Decorative Lighting System. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and 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 or protect the public health and safety of the municipality's resident. 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 mobilization agreement with Pfeiffer & Son, LTD for the removal of the Harbor Bridge Decorative Lighting System, for a total not to exceed amount of $448,725.00. 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 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of May 25, 2021 1852 Second Reading for the City Council Meeting of June 8, 2021 DATE: May 11, 2021 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, Director of Finance & Business Analysis heatherh3ctcctexas.com 361-826-3227 Ordinance approving Tax Increment Reinvestment Zone #4 Amended Project & Financing Plan CAPTION: Ordinance approving Amendment number three to the Tax Increment Reinvestment Zone (TIRZ) #4 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone #4, City of Corpus Christi to make adjustments to the Project Specific Development and North Beach Living Initiative. SUMMARY: This ordinance approves the Third Amendment to the TIRZ #4 Amended Project & Financing plan, which would modify the Project Specific Development Incentive and the North Beach Living Incentive. BACKGROUND AND FINDINGS: On May 18, 2021 City Staff recommended the following changes to the TIRZ #4 Chair and Board members and motion was approved for the following changes. "3. Incentives" of the Financing Plan. • Project Specific Development o The total reimbursement by the TIRZ#4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet but less than 20,000 square feet or creating at least 10 but less than 100 new residential units. o Remove language "up to 95% of the qualifying tax increment' and instead use "up to 75% of the qualifying tax increment'. • North Beach Living Initiative o In order to stimulate the development of North Beach and quickly build residential density in the area, the Zone will establish a grant that will provide a $10,000 per dwelling unit reimbursement for multi-family developments of over 4 units. • Remove language that will forfeit a grant if an applicant does not receive a building permit within six months of being awarded a grant. ALTERNATIVES: City Council could choose not to incorporate the third amendment to the Project & Financing plan. FISCAL IMPACT: There is no financial impact. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approving the amended Project & Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance Amended Project & Financing Plan Ordinance approving the amended Tax Increment Reinvestment Zone #4 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, City of Corpus Christi, Texas on May 18, 2021, to make adjustments to the Project Specific Development and North Beach Living Initiative. WHEREAS, in 2019, through Ordinance 031927, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Four, City of Corpus Christi, Texas," over a portion of the City on North Beach; WHEREAS, Ordinance 031927 included a preliminary reinvestment zone financing plan; WHEREAS, the final reinvestment zone project and financing plan was approved by City Council on November 19, 2019; WHEREAS, the "Tax Increment Reinvestment Zone #4 Project & Financing Plan" was last amended by City Council on March 24, 2020; WHEREAS, on May 18, 2021 , the Board of Directors of Reinvestment Zone Number Four passed a motion recommending an amendment to the "Tax Increment Reinvestment Zone #4 Project & Financing Plan" that amends two of the incentive programs to reduce the number of units required to qualify for funding; WHEREAS, Texas Tax Code Section 311 .011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Four, City of Corpus Christi, Texas ("the Plan") for the Reinvestment Zone Number Four, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Four on May 18, 2021 . A copy of the Plan is attached hereto and incorporated by reference. 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 REINVESTMENT ZONE PROJECT PLAN AND FINANCING PLAN Tax Increment Reinvestment Zone #4 NORTH BEACH, CORPUS CHRISTI, TEXAS 0 1500 3000 500 GRADHIC SCALE 1"=1500 42 Na. 43 ................. .... ------- ------- 1423 Acres (61,984,040 Sq.Ftj L I Point of t3,gin,irg E= T F H in -Sly 1.13 W 4572.50' May 2021 May 2021 TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................... INTRODUCTION ............................................................................................................ 1 Criteria for Zone Creation 1 Vision for North Beach 2 Anticipated Zone Role in North Beach Improvements 2 PROJECTPLAN ........................................................................................................................... 3 Existing Uses and Conditions/ Boundaries §311.011(b)(1) 3 Exhibit -Zone Boundaries and Land Use 3 Exhibit B.1 -Existing Land Use 4 Exhibit B.2-Existing Property Designation 5 Exhibit B.3-Existing City Limits, City Owned, Port Owned& Proposed TIRZ Parcels 6 Exhibit C- Legal Description of the Zone 7 Municipal Ordinances §311.011(b)(2) 10 City Planned Improvements (Non-Project Costs) §311.011(b)(3) 11 Relocation §311.011(b)(4) 12 REINVESTMENT ZONE FINANCING PLAN ....................................................................... 13 Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) 13 Economic Feasibility Study§311.011(c)(3) 16 Estimate of Bonded Indebtedness §311.011(c)(4) 16 Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) 16 Method of Financing and Sources of Revenue §311.011(c)(6) 16 Sources of Revenue 16 Current Appraised Value §311.011(c)(7) 19 Estimated Captured Appraised Value §311.011(c)(8) 19 Duration of the Zone §311.011(c)(9) 19 Appendices ................................................................................................................... 20 AppendixA—Economic Feasibility Study§311.011(c)(3) May 2021 INTRODUCTION The City of Corpus Christi is proposing to create a Tax Increment Reinvestment Zone or TIRZ (hereafter referred to as the "Zone") over a portion of the city that includes the city's North Beach area along the Bayfront from the Rincon Channel at the north end, south to the USS Lexington, adjacent to the Texas State Aquarium, and west to the Port of Corpus Christi. Since the creation of the Tax Increment Reinvestment Zone#4, there have been two amendments to the Project & Financing Plan. This document, the 2021 Amended Project & Financing Plan is intended to replace the previous Project & Financing Plan and any future amendments will modify this version. First Amendment (FY2020)— Finance Plan estimates, and projections changed. Second Amendment (FY2020)—Del Mar College Board of Regents agreed to participate in TIRZ#4. Third Amendment (FY2021)—this Amendment modifies two incentive programs to expand their impact in the zone and remove verbiage. • The Project Specific Development Agreement • North Beach Living Initiative Criteria for Zone Creation The area within the Zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Conditions meeting the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to the language of Chapter 311,these conditions must"substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health,safety, morals,or welfare in its present condition and use." The existing conditions in the North Beach area of Corpus Christi hamper investment in residential, retail and hospitality-related property improvements,as outlined in the portions of the Downtown Area Development Plan (DAPD) Residential Market Analysis relevant to North Beach. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector,therefore satisfying the general criteria for creation of the Zone. May 2021 11 P a g e May 2021 2 1 P a g e Vision for North Beach Over 800,000 people visit the Texas State Aquarium and USS Lexington on North Beach each year. Each of those visitors drives through areas with frequent flooding and blighted as well as vacant properties.Corpus Christi's first impression to over 800,000 people each year is largely a pathway of deferred maintenance, disrepair, and unimproved properties on the way to the beautifully maintained and exciting Texas State Aquarium and USS Lexington. In recent years,the new Harbor Bridge construction has changed the entrance and exit ramps to and from North Beach. These changes will have an enormous impact on access to and from North Beach and its ability to remain the most visited location in all of the Coastal Bend area. The completion of the Harbor Bridge, and demolition of the old bridge, will spur new opportunities for North Beach revitalization. The proposed Zone can directly aid in the realization of this vision while addressing the deficiencies and challenges outlined above. The North Beach Area should have very well maintained infrastructure and public spaces including medians, right of ways, beaches and parks. The North Beach TIRZ could participate in contributing to a high level of proactive maintenance ensuring a clean residential, commercial and tourist community. Anticipated Zone Role in North Beach Improvements The DAPD Analysis of Residential Market Potential,the 2011 North Beach Development Plan and the 2018 North Beach Redevelopment Area Specific Plan indicate the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. Flooding, vacant properties, the aging of existing development, inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in North Beach. However, continued investment by the Texas State Aquarium, changes brought by the new Harbor Bridge, new multi-family construction, new single-family homes, and the City's commitment to solving flooding issues and to make public amenity improvements are a positive indicator for North Beach. The primary functions of the zone will be to support: • Infrastructure Projects • Maintenance Projects • Development Incentives • Administration of the Zone The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density through parking structure, the zone and the other projects will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vibrant urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses, sending a strong first impression to nearly one million annual visitors to Corpus Christi. May 2021 3 1 P a g e PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 1,423 Exhibit A-Zone Boundaries acres (454.5 Acres of Land;968.3 Acres of Water) wholly within the City of Corpus Christi. Its boundaries encompass all of the North Beach area east of the Port of Corpus Christi land,as shown in Exhibit A. A variety of land uses, shown in maps in Exhibit B and described generally below, are present within the proposed TIRZ. A [[ legal description of the Zone is given in Exhibit C. The Texas State Aquarium and the USS Lexington, in the southern area of North Beach, draw more than 800,000 tourists ''' IMv' and visitors annually, combined. t Removing the Burleson exit leaves only " one northbound exit from the new Harbor Bridge, impacting accessibility to these two heavily visited attractions. ` To the north, the zone transitions to an area of tourist retail, restaurants, hotels, Ike, vacant buildings and unimproved land. The beach runs along the eastern portion of the zone. Further north along the • .`„ .,u beach are multi-story condominiums, city owned Surfside Park, a small number of single-family homes, and a popular city park, Dolphin Park. If funding is determined to be appropriate and TIRZ and City Council choose to fund them,the off shore area allows for the potential inclusion of breakwater barriers. Central North Beach has a linear right of way,formerly a rail easement,owned bythe City of Corpus Christi. Timon and Surfside Boulevards run along its edges, acting as a main thoroughfare through North Beach. This right of way is the location of a proposed drainage solution, a canal to mitigate flooding. This North Beach drainage solution could potentially improve stormwater flow on the peninsula. Residents in the northwest portion of North Beach often experience difficulty making the turnaround at the north end of North Beach under the causeway due to flooding. The new Harbor Bridge,TxDOT and the Port of Corpus Christi border the zone to the west. May 2021 4 1 P a g e Exhibit B.1: Existing Uses Throughout the Zone m� * v Proposed TIRZ#4 Oty Limns >,. Proposed 71P.Z 43 f3ourKi� , Current Land Use WaterW r a Cons'Pres Drainage Corridor --gy�pp p A �1 Railroad Ryah?-of-W.y Vacant Estate Res " Low Density Res llAedmon Density Res OWN, High Density Res Mobile Horn ■•.'•!*5 Park Publia'Semr-Public Prdessional Office Commercial Light Indus" P*avy IndustnaR i May 2021 5 Page Exhibit B.2 Criteria for the Zone 11, tA -77 Proposed TIRZ 94 .� City Limits Proposed TIRZ#4 Boundary Properties Designation EVERYTHING ELSE 4. j EXCLUDED RESIDENTIAL May 2021 6 Page t Or 641 @ w. p A y * sy Legend Proposed TIRZ#d Boundary ■ 1 City I_.. s IL Port Properties City Ovmed Properties Proposed TIRZ4 Parcels. F� a 1 Exhibit C- Legal Description of the Zone URBAN ENGINEERING Job No.43201,139.08 A ugu sl 26,2019 FOU1 A 1,423 kcrt North HCdCh I dX Increment Heinvesinwnt Zone Cl IRZi hl k I 1. 4 W I YX k` Al l L I i,j, _�i I i ;, .,I k ,d i­ on an on the t,iwi-i d Sur%t- tilit ;fi Ctii pt,, ...yl. 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L[L1-;1 15 1i11, i I I S I c.-:, all arc length of 314.22 sect, and .s Iiw , 11kilILT N:110 41", 3111.43 Feet. • Withsnid Lcit. adistance tit 314.22 topjrml a • "I L 13 1 \�,-t,t I the ccrite I I,c I I I Of 111 IS'I FUCt (9*55'02"Easit,wi Ili said cen(ertnic of Avenue: I disi,t:iC;- k1i 2-ii i-- I ct:„ 1,; ;i Wilk-Of this Tract and the beginning of circular cUrVC 10 file Right,Ila`1111- rlt,t t1i 1',, r<.,Ji of 220.19 1-cet,an arc length of 72.66 Feet,and a chord which bears Not rl lo k+f 72,33 Fe t; i'L id :m,:.i1 ar curve to the Right. cotil inkiing with said centerline of Avenue F, a distance of ➢O I'CCI tO i1 i.1111t 1,I)i 'I 11c: of [his 11,1,1, • N,,!Il) 26LA8'111 Lai l, L,k,..t:IAHI)g with said centerline of Avenue F,a distance of 71.31 Feet to a d • N, 1: ]'I I •_L)' I k,1:111, w:[1: ,.Ild centerline of Avenue F.a distance of 433.56 Feet to a J)k TV i, I :i t .,.L- t 0 ;I 11 '1 and the 1,;,-�i:i ii ing of a circular curve to the Left,having a delta of 2 il,:,ki ''1 21 1 1-,%-1, :,:-1 Lrc length of 175.05 Fect, and a chord which bears North ;, I d 4 �- • WI I 1 '.! 1-1. 1 I[It 1:ILI L V,All <'Llll;: %venue F, a distance of ,c! to !1 '7:!'111 1 1 ,. 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SCTIT: Al 15 ' 2019 SCALE: 1 -1500' a as is or w 4672.W' ENGINEERING JaB Na.: 43201.B9.a8 awv� 9 SHEET: 1 OF 1 z ORtu rusBY: BOL urhunsh Eurhanen g.eom 02019 by Urban Engfnesring Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. May 2021 111 Page City Planned Improvements (Non-Project Costs) §311.011(b)(3) It is expected that the City or Corpus Christi, Nueces County, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, various nonprofit organizations, private citizens and developers may also consider efforts to remediate environmental and safety deficiencies on existing private properties. The City of Corpus Christi has identified about$11,882,989 million in projects planned, or just recently completed, for locations partly or wholly within the Zone intended to rehabilitate and improve existing public facilities and infrastructure. TIRZ funds may be used to assist these projects; however, the bulk of funding is anticipated to come from other sources. The table below lists some of these projects. Note: Amounts may not add perfectly due to rounding Current City Planned Improvements (Non-Project Costs) Project Source Status Projected Cost Gas US 181 at Burleson Rev Bond Complete $557,788 Due to conflicts with the new bridge construction there will be 860 feet of 6"steel gas line replacement located in the Burleson St. and US181 intersection. Breakwater Ave..at W Causeway Blvd. Rev Bond Complete $202,883 Due to conflicts with the new bridge construction there will be 425 feet of 2"steel gas line replacement located in the East Causeway Blvd.and Plum St.area. Streets North Beach Area Road Improvements&Area Beautification Bond 2012 Substantially $801,500 Includes pavement restoration to North Shoreline Boulevard,new Streets Complete wastewater and water lines on North Shoreline Boulevard,and Storm Water cleaning existing stormwater and wastewater pipes and manholes Wastewater on Breakwater Avenue and Coastal Avenue. Water North Beach Breakwater Plaza,North Shoreline Repair and Bond 2012 Substantially $1,623,900 Enhancement Complete Includes new curb and gutter,sidewalks,ADA ramps,markings, signage,seating,on-street parking enhancements and illumination improvements to North Shoreline Boulevard.Improvements also include a paved surface to Breakwater Plaza and cleaning existing stormwater pipes and manholes on North Shoreline Boulevard. Beach Avenue(E.Causeway Blvd.to Dead End at Gulfbreeze Bond 2018 In planning $1,000,000 Blvd.) phase Reconstruction of existing 2-lane roadway with new pavement, curb&gutter,sidewalks,ADA compliant curb ramps,signage, pavement markings and illumination.Includes bike mobility improvements per the adopted MPO bicycle mobility plan and approved in North Beach Area Plan. N.Beach Area Primary Access(Beach&Timon/Surfside Bond 2018 In planning $1,250,000 Intersection) phase Design and construction of a new curved access road from E. Causeway Blvd.onto Timon Blvd.with a new traffic circle at intersection of Timon/Surfside and Beach roads.Provides a new May 2021 121 Page route for the single access road into North Beach from the new Harbor Bridge.Traffic circle connects Timon/Surfside and Beach and converts Beach Avenue to one-way from Surfside to E. Causeway Blvd.New Traffic circle also allows development of new gateway feature for the entry into North Beach approved in the North Beach Area Plan. N.Beach Gulfspray Ave.Pedestrian/Bike Access(Beach Access to Bond 2018 In planning $300,000 E.Causeway Blvd.) phase Pedestrian and bicycle infrastructure improvements to create a new train for improved access from Harbor Bridge and the beach approved in the North Beach Area Plan. N.Beach Coastal Protection(Breakwater Barrier) Bond 2018 In planning $250,000 Preliminary engineering and permitting with USACE,GLO,Port of phase Corpus Christi and other agencies for the design and construction of new breakwater barriers to mitigate beach erosion and coastal flooding as approved in the North Beach Area Plan. Water US 181-Beach Ave to Elm St Rev Bond 90% $3,715,322 Due to conflicts with the new bridge construction there will be complete by 3000 feet of 12"waterline replacement,600 feet of 16"waterline TxDOT replacement and 800 feet of 6"waterline replacement to maintain water quality.The work is concentrated on the east side of US181 between Reef Ave.and Burleson St. Breakwater-W.Causeway Blvd Rev Bond 90% $1,021,191 Due to conflicts with the new bridge construction there will be 500 complete by feet of 12"waterline replacement to maintain water quality.The TxDOT work is located on Breakwater Ave.between Avenue F and East Causeway Blvd. Wastewater Due to conflicts with the new bridge construction there will be 500 feet of 4"wastewater force main replacement and abandonment of a total of 1000 feet of 6"and 8"gravity sewer main.This work is located west side of the existing US181 between Burleson St.and Avenue F. US 181 at Plum St. Rev Bond 90% $201,649 complete by TxDOT US 181 at E Walnut St Rev Bond 90% $446,815 complete by TxDOT Burleson St from US 181 SBFR to Seagull Rev Bond 90% $411,941 complete by TxDOT Parks and Recreation North Beach Historic Plaza Hotel Dec 2019 $100,000 Placement and installation of a series of historical panels in North Occupancy Tax Beach plaza currently being constructed as part of Bond 2012. Total $11,882,989 Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone's projects. May 2021 131 Page REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support development and economic activity as well as contribute to the image and attractiveness of North Beach Corpus Christi on a local, regional, and national level. In addition,the Zone will pay the costs of Zone creation and ongoing administration. The following are project cost estimates and should not be construed as definitive costs for the listed projects (not listed in priority order). 1. INFRASTRUCTURE PROJECTS: $ 19,944,815 A. Wayfinding Infrastructure — The Zone may participate in proposed construction of gateway features with wayfinding throughout North Beach. It may also build multi-use paths to major tourists destinations. B. Park Improvements—The Zone may contribute to enhancements to Dolphin Park, Surfside Park, and Kiwanis and construct a North Beach birding park(Eco Park). C. Demolition of Blighted Structures—Many older vacant or underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements that present a public safety hazard. The Zone may provide assistance to property owners and developers who must remediate or demolish such structures in order to develop or redevelop. D. Public Safety— With the purpose of increasing safety and security within the Zone, the Zone will provide support for security cameras and associated costs or other one-time security equipment and system devices. E. Drainage- The Zone may contribute financially to addressing infrastructure improvements that would reduce tidal and stormwater related flooding. F. Residential Streets- In November 2016, the voters approved a Charter Revision to Article VIII. Taxation and Bonds, Section 1. Taxation of the City's Charter which authorized the City Council to levy, assess and collect a property tax not to exceed six cents per $100 valuation for residential street reconstruction to be gradually implemented at a rate not to exceed two cents per $100 valuation per year (i.e. 2+2+2 = 6 cents). The City Council exercised that authority in FY 2018 and in FY 2019. The additional four cents and potential additional two cents must be used for residential streets as approved by the residents of Corpus Christi on November 8, 2016. City Charter Art. VIII, Sec. 1(c): (c)A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street May 2021 141 Page reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction"is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. 2. MAINTENANCE PROJECTS: $2,106,990 A. North Beach Public Spaces Beautification & Revitalization Programs & Services -The Zone may contribute 5% of the total incremental ad valorem taxes collected per year in the Zone to beautification projects including the creation of or enhancements to common areas, roadway and median streetscapes, pedestrian landscapes, beach renourishment and beautification,wayfinding signage, lighting, public facilities and any services relating to such program. 3. INCENTIVES: $ 17,838,006 All Development Incentives are approved at the discretion of the TIRZ Board. A. Project Specific Development Agreement- In situations where higher development costs create a financing gap, TIRZ #4 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net ad valorem new tax increment on new developments, including mixed-use developments. A pro-forma is required to qualify for up to 75% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required. • The total reimbursement by the TIRZ#4 will not exceed 20% of the total project cost if a development is at least 20,000 square feet or creating 100 or more new residential units. • The total reimbursement by the TIRZ#4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet but less than 20,000 square feet or creating at least 10 but less than 100 new residential units. To incent developers to build more than one project on North Beach,the TIRZ Board will consider reimbursement of net ad valorem new tax increment on all of the developer's properties within the TIRZ boundary. B. North Beach Property Improvement Program — This grant will support and encourage private investment in the existing structures and facilities already built on North Beach. The Zone will match approved property improvements funded by the property owners. The Zone will consider a match of 50/50 (Property Owner/TIRZ #4), depending upon the extent to which the scope of the project meets the priorities of the Zone. C. North Beach Living Initiative— In order to stimulate the development of North Beach and quickly build residential density in the area,the Zone will establish a grant that will provide a $10,000 per dwelling unit reimbursement for multi-family developments of over 4 units. May 2021 15 1 Page 4. ADMINISTRATIVE COSTS: $2,250,000 A. Creation—($250,000)Zone shall reimburse the City for City incurred expenses related to the costs of creating the Zone. B. Administration—($2,000,000) Zone funds shall pay for the City's costs of ongoing administration of the Zone including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at$100,000 per year for the 20-year life of the Zone. Project Costs are Estimated as Follows: Infrastructure, Maintenance and Incentives $39,889,811 Administrative Costs $2,250,000 TOTAL $42,139,811 Economic Feasibility Study §311.011(c)(3) Several market and economic feasibility studies for the Zone have been completed. The MJB Consulting "Retail Market Analysis and Strategy" and the Zimmerman/Volk Associates "Office, Retail, and Hotel Market Assessment" are provided under separate cover. In addition, a feasibility analysis by Landmark Renewal was completed in August 2019,which is included in Appendix A to this Plan. Estimate of Bonded Indebtedness §311.011(c)(4) It is not initially anticipated that the Zone will issue bonded debt; instead the Zone's projects will be funded on a pay-as-you-go basis or utilize other financing methods. However, if the annual Zone revenue and available non-bonded debt financing are insufficient to address the needs of the Zone,the Zone may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach or a bonded debt issuance. May 2021 161 Page Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will initially take a pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Developer's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. If future Zone revenues to support debt service payments are anticipated,the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of Corpus Christi and Nueces County on the taxable property value increment within the Zone. It is currently projected that the County will agree to participate in funding the Zone with 100%of the incremental property taxes collected over the life of the Zone and that the City will participate in the funding of the Zone based on the table below. If City reaches $20 million, then the City shall cease contributions to the increment. The Del Mar College Board of Regents agreed to participate in the TIRZ#4 at the same rate as the City of Corpus Christi with a scaled approach. Del Mar's base year will be tax year 2019 and will contribute 100%of its increment for the first ten years and 75%of the increment for the second ten years. TABLE-TIRZ Contributions Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Year(s) City of Corpus Christi $20,000,000 100% 2019 through 2028 75% 2029 through 2038 Nueces County None 100% 2019 through 2038 Del Mar College None 100% 2019 through 2028 75% 2029 through 2038 The assessed value base year for the City of Corpus Christi and Nueces County is 2019. The projection of incremental property tax revenue contributed to the Zone is as follows: Certified Appraised Values Base value is from 2019 (January 1, 2019)taxable appraised value. Values in future years are based on current development projections. May 2021 171 Page Net Taxable Values from the Certified Roll 2019 (*with estimated development) Year 3% Tax Revenue Tax Increment County 100% Fiscal Year Tax Year Values City County Total City County City Scaled FY 20 2019 104,512,349 675,426 325,648 1,001,074 FY 21 2020 107,647,719 695,688 335,417 1,031,106 20,263 9,769 30,032 FY 22 2021 110,877,151 716,559 345,480 1,062,039 41,133 19,832 60,965 FY 23 2022* 188,203,466 1,216,291 586,419 1,802,711 540,866 260,771 801,637 FY 24 2023 193,849,570 1,252,780 604,012 1,856,792 577,354 278,364 855,718 FY 25 2024* 238,165,057 1,539,175 742,094 2,281,269 863,749 416,446 1,280,195 FY 26 2025 253,035,008 1,635,274 788,427 2,423,701 959,848 462,779 1,422,627 FY 27 2026 268,582,809 1,735,754 836,872 2,572,626 1,060,328 511,224 1,571,552 FY 28 2027 284,835,745 1,840,791 887,514 2,728,305 1,165,365 561,866 1,727,231 FY 29 2028 301,822,134 1,950,568 940,442 2,891,009 1,275,142 614,794 1,889,936 FY 30 2029 319,571,353 2,065,275 995,746 3,061,021 1,042,387 670,098 1,712,485 FY 31 2030 338,113,886 2,185,108 1,053,522 3,238,631 1,132,262 727,874 1,860,136 FY 32 2031 357,481,357 2,310,273 1,113,869 3,424,142 1,226,136 788,221 2,014,357 FY 33 2032 377,706,573 2,440,982 1,176,888 3,617,870 1,324,167 851,240 2,175,407 FY 34 2033 398,823,569 2,577,453 1,242,686 3,820,140 1,426,521 917,0381 2,343,559 FY 35 2034 420,867,649 2,719,916 1,311,373 4,031,289 1,533,368 985,725 2,519,093 FY 36 2035 443,875,433 2,868,607 1,383,063 4,251,670 1,644,886 1,057,415 2,702,301 FY 37 2036 467,884,902 3,023,772 1,457,873 4,481,645 1,761,259 1,132,225 2,893,485 FY 38 2037 492,935,452 3,185,664 1,535,928 4,721,592 1,882,679 1,210,280 3,092,959 FY 39 2038 519,067,939 3,354,549 1,617,353 4,971,903 2,009,343 1,291,705 3,301,048 TOTALS 39,989,906 1 19,280,626 1 59,270,532 1 21,487,056 1 12,767,668 134,254,724 Total Tax Year Tax Revenue Tax Increment by Entity Increment City Scaled Fiscal Tax Del Mar County 1001Y. Year Year Values City County Del Mar Total City Scaled County Scaled Del Mar Scaled FY 20 2019 104,512,349 675,426 325,648 294,605 1,295,678 Base Year Base Year FY 21 2020 107,647,719 695,688 335,417 303,443 1,334,549 20,263 9,769 8,838 38,870 FY 22 2021 110,877,151 716,559 345,480 312,546 1,374,585 41,133 19,832 17,941 78,907 FY 23 2022* 188,203,466 1,216,291 586,419 530,517 2,333,228 540,866 260,771 235,913 1,037,550 FY 24 2023 193,849,570 1,252,780 604,012 546,433 2,403,225 577,354 278,364 251,828 1,107,547 FY 25 2024* 238,165,057 1,539,175 742,094 671,352 2,952,620 863,749 416,446 376,747 1,656,942 FY 26 2025 253,035,008 1,635,274 788,427 713,268 3,136,969 959,848 462,779 418,663 1,841,290 FY 27 2026 268,582,809 1,735,754 836,872 757,095 3,329,720 1,060,328 511,224 462,490 2,034,042 FY 28 2027 284,835,745 1,840,791 887,514 802,909 3,531,214 1,165,365 561,866 508,305 2,235,536 FY 29 2028 301,822,134 1,950,568 940,442 850,791 3,741,801 1,275,142 614,794 556,187 2,446,122 FY 30 2029 319,571,353 2,065,275 995,746 900,824 3,961,844 1,042,387 670,098 454,664 2,167,149 FY 31 2030 338,113,886 2,185,108 1,053,522 953,092 4,191,723 1,132,262 727,874 493,866 2,354,002 FY 32 2031 357,481,357 2,310,273 1,113,869 1,007,686 4,431,829 1,226,136 788,221 534,811 2,549,168 FY 33 2032 377,706,573 2,440,982 1,176,888 1,064,698 4,682,568 1,324,167 851,240 577,570 2,752,978 FY 34 2033 398,823,569 2,577,453 1,242,686 1,124,224 4,944,363 1,426,521 917,038 622,214 2,965,773 FY 35 2034 420,867,649 2,719,916 1,311,373 1,186,363 5,217,652 1,533,368 985,725 668,819 3,187,912 FY 36 2035 443,875,433 2,868,607 1,383,063 1,251,218 5,502,888 1,644,886 1,057,415 717,460 3,419,761 FY 37 2036 467,884,902 3,023,772 1,457,873 1,318,897 5,800,542 1,761,259 1,132,225 768,220 3,661,704 FY 38 2037 1 492,935,452 1 3,185,664 1,535,928 1,389,511 6p111p1031 1,882,679 1,210,2801 821,180 3,914,139 FY 39 2038 519,067,939 3,354,549 1,617,353 1,463,1751 6p435pO771 522,286 1,291,7051 876,4281 2,690,419 TOTALS 39,989,906 1 19,280,626 1 17,442,647 1 76,713,179 1 20,000,000 1 12,767,668 1 9,372,1431 42,139,811 May 2021 18Page According to these projections, 47% of the tax increment revenues will come from the City of Corpus Christi,30% will come from Nueces County and 22% from Del Mar College. Revenue estimates will be monitored and adjusted annually. The 2019 tax rate applicable to the reinvestment zone is $1.2397 (or approximately$1.24) per$100 of assessed valuation, broken down as follows: City of Corpus Christi 0.00646264 Nueces County 0.00311588 Del Mar College 0.00281890 Total 0.012397 Applying the 2019 tax rate of$1.2397 per $100 assessed valuation to the 2019 total certified roll taxable value of properties within the zone, property taxes of $1,295,678 are generated. This amount produced from the tax increment base (or the "frozen base") will continue to be allocated and paid to the taxing entities levying taxes in the zone area, based on their respective tax rates. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District,the 2019 certified roll total assessed value for the Zone for the City of Corpus Christi as of July 26, 2019 is$198,076,260. Due to differences in policies regarding exemptions and tax abatements, the net taxable values differ among the three jurisdictions. According to the Nueces County Appraisal District, the 2019 certified roll net taxable value for the Zone as of July 26, 2019 is $104,861,392 for the City of Corpus Christi, $102,791,043 for Nueces County, and $106,308,460 for Del Mar College. Estimated Captured Appraised Value §311.011(c)(8) The table above provides the projected schedule of taxable value increment captured by the Zone over its proposed 20-year duration. There is a column shown for each entity. Captured value projections assume a 3.0% annual value appreciation rate for existing development. In year 2022, the development currently underway on North Beach, LaVista Pointe Apartments, will be complete with an estimated future property value increase of $24 million. Additionally, there are other developments planned throughout the zone with a combined projected increase in value of$105 million. Based on calculations in the TIRZ#4 Feasibility Analysis, beginning in 2024 and continuing throughout the remaining life of the Zone,22 apartment units valued at$150,000 each and 12 condominium or townhome May 2021 191 Page units valued at$300,000 each, are projected to be added to the tax rolls each year. The per unit amounts are adjusted for inflation at 3% per year. The tax increment is the amount of property taxes produced yearly during the term of the reinvestment zone on the captured appraised value. This value is the appraised value of taxable real property within the reinvestment zone which exceeds the tax increment base. The table above shows estimated TIRZ revenues over the 20 life of the zone to be as follows: City of Corpus Christi: $20,000,000 Nueces County: $12,767,668 Del Mar College: $9,372,143 Total $42,139,811 Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2019,the Zone would expire after 2038. City Council may, by ordinance, extend the length of the TIRZ to allow additional time to expend funds. Appendices Appendix A — Economic Feasibility Study §311.011(c)(3) Feasibility Analysis Tax Increment Reinvestment Zone # 4 North Beach Area City of Corpus Christi, Texas August 2019 May 2021 20 1 P a g e Jim Johnson, PhD Landmark Renewal 21 Page Appendix A - Economic Feasibility Analysis I. Introduction The North Beach area of Corpus Christi, Texas, already a leading tourist destination with 800,000 visitors annually, is primed for accelerated redevelopment upon completion of the new Harbor Bridge and demolition of the old bridge. A number of planning processes have focused on the area, producing a wealth of reports including: • North Beach Development Plan (November 2011) - NBDP • Zimmerman Volk Associates: Residential Market Potential (October 2014) -ZVA • North Beach Redevelopment Area Specific Plan (February 2018) - NBRA • Downtown Area Development Plan, Corpus Christi (March 2018) - DADP In addition, the Market and Economic Feasibility Study Update for TIRZ#2 (July 2019), contains a detailed residential, retail and hotel development analysis of the Corpus Christi metropolitan statistical area (MSA) applicable in part to North Beach. The feasibility of a tax increment reinvestment zone (TIRZ) depends on whether tax increment stimulated by TIRZ improvements will cover the costs of those improvements, leaving local tax jurisdictions better off at termination of the TIRZ than they would be without a TIRZ. While some new development would occur regardless, establishing the zone provides a revenue source for public improvements that can spur additional and more intensive development than would otherwise occur. The year in which a TIRZ is established becomes its base year, with each succeeding year's incremental tax revenues pledged to a fund controlled by the zone's board of directors. Local taxing jurisdictions may contribute up to 100%of their tax increment. TIRZ revenues depend on: • Overall changes in property valuations; • Timing and value of new development; and • Loss of value from demolition of existing improvements. Once the zone has sufficient revenue, infrastructure improvements should coincide with and enable associated private investment (DADP, p. 26). This analysis assumes that TIRZ spending will be based on articulated stakeholder and planning priorities, such as the February 2018 North Beach Redevelopment Initiative Near-Term Projects and Mid-and Long-Term Projects lists. 31 Page Appendix A - Economic Feasibility Analysis II. TIRZ Revenue Projection City of Corpus Christi is expected to participate at 100%for the first ten years and at 75%for the last ten years. Nueces County is expected to participate with 100%of tax increment for the full length of the TI RZ. Base year taxable values vary slightly between jurisdictions, primarily due to differing property tax exemptions offered. Exemptions on owner-occupied residential property include homestead and the over-65 tax freeze. For purposes of these projections, we assume the effect of these exemptions will be small since most existing and new development will be commercial, including multifamily, that is ineligible for these residential exemptions. The aggregate value of single family residential property tax exemptions changes slowly over time. We assume no effect from commercial property tax abatements that could be offered by participating jurisdictions. The following projections of TIRZ revenue are based on the following assumptions: • 3% annual growth in taxable property valuations • Completion of a $24 million apartment complex, LaVista Pointe, in 2022 • New residential development in North Beach equivalent to 22 new apartment units and 12 new condominium or townhome units per year beginning in 2024 Prudence requires a conservative bias in revenue assumptions so that TIRZ spending can be reasonably planned. There is no assumption of added taxable value from retail/commercial or hotel/hospitality/tourism-related new development, despite a reasonable possibility of such investments. According to ZVA(p.42),the residential "market is constrained in North Beach due to the additional cost of development incurred by flooding issues." In the five years since the ZVA report, no multifamily residential development has been completed. The TIRZ revenue forecast assumes that a flooding mitigation solution, such as the proposed canal (NBRI Alternative 2), is devised and implemented by the City of Corpus Christi within the next five years. While drainage improvements are unlikely to erase the additional costs of development in North Beach, it should substantially ease that market constraint, making the ZVA residential projections for North Beach realizable in the future. LaVista Pointe, a 150-unit apartment complex, is planned for completion around 2022. ZVA projects North Beach annual residential absorption over a 10-year period of 44-53 apartment units and 26-31 condominium and townhome units. Taking a middle point of those projections, or 48 apartment units 41 Page Appendix A - Economic Feasibility Analysis and 28 condo/townhome units, times 10 years, and subtracting the 150 completed apartment units, results in a projection of 330 additional apartment units and 280 new condo/townhome units after 2024. This analysis assumes that tax revenue from these units is, conservatively, spread over a 15-year period beginning in 2024, after LaVista Pointe has likely reached stabilized occupancy. Apartments are estimated at$150,000 per unit and condos and townhomes at$350,000 at the beginning of the 15-year period, with 3% inflation for new construction in each succeeding year. The 2024 per unit values discounted back to 2019 values at 3% per year equal about$129,000 per apartment unit and $300,000 per condo/townhome unit. While the TIRZ revenue forecast involves no additional retail or hotel development, TIRZ infrastructure should make high intensity tourism-oriented development appealing to the private sector. In particular, TIRZ infrastructure, a canal or other drainage solution, and right of way opened up by demolition of old the Harbor Bridge ramps,together should enable the transformative potential of high-density mixed-use development and structured parking near existing tourist attractions and associated parking needs (DADP, p. 87). "Opportunities here could include hotels, other tourism-related uses, and surface parking serving the beach and other visitor destinations." (DADP, p. 85) III.TIRZ Projects, Costs and Timing The proposed TIRZ project list is derived from the planning documents listed above and stakeholder input. Project costs are estimates derived from similar types of projects, and therefore should not be construed as definitive costs for the listed projects. The TIRZ Project Plan should contain cost estimates in categories of spending rather than for specific projects,which over the 20-year life of the zone may change conceptually and in terms of scope and extent. Among recommendations of the DADP are the following: • Restore street connections where old Harbor Bridge is removed, and provide "convenient, attractive access at Beach Ave. connecting to Surfside and Timon Blvd." (p. 32) • Build a "new multi-use path extending along Beach Ave. to the Beachwalk, and along Timon and Surfside Blvd.to the Texas State Aquarium ferry dock." (p. 36) • "Complete North Beach birding park and Timon/Surfside path within 5 years." (p. 36) • "Create a welcoming Beach Ave. gateway at the new point of entry to North Beach off the Harbor Bridge." (p. 86) 51 Page Appendix A - Economic Feasibility Analysis • "A new 'North Beach Blvd.' should also be created through the redesign of existing Timon and Surfside Blvd. with street upgrades, a new wide multi-purpose path for pedestrians and bicyclists...and planting the center median with a rich palette of native, coastal plant species." (p. 86) The North Beach TIRZ should include the following project categories: Roads and wayfinding • Beach Ave. roadway/pedestrian improvements and area beautification • Construction of Traffic Circle at the intersection of Beach Ave. with Surfside Blvd. and Timon Blvd. including gateway feature with wayfinding Parks • Dolphin Park improvements • Surfside Park improvements • Kiwanis Park and Community Center improvements Other infrastructure Demolition of blighted structures Structured parking 61 Page Appendix A - Economic Feasibility Analysis Cumulative revenue is projected as follows: Year Revenue Fiscal Year Tax Year Annual Cumulative FY 20 2019 FY 21 2020 38,870 38,870 FY 22 2021 78,907 117,777 FY 23 2022 1,037,550 1,155,327 FY 24 2023 1,107,547 2,262,873 FY 25 2024 1,656,942 3,919,816 FY 26 2025 1,841,290 5,761,106 FY 27 2026 2,034,042 7,795,148 FY 28 2027 2,235,536 10,030,684 FY 29 2028 2,446,122 12,476,806 FY 30 2029 2,167,149 14,643,955 FY 31 2030 2,354,002 16,997,958 FY 32 2031 2,549,168 19,547,126 FY 33 2032 2,752,978 22,300,103 FY 34 2033 2,965,773 25,265,877 FY 35 2034 3,187,912 28,453,788 FY 36 2035 3,419,761 31,873,549 FY 37 2036 3,661,704 35,535,253 FY 38 2037 3,914,139 39,449,392 FY 39 2038 2,690,419 42,139,811 Total TIRZ spending could begin as early as 2022 on modest improvements, but assuming a pay-as-you-go structure, major infrastructure spending would have to wait at least until approximately$3.9 million had been accumulated in 2024. A parking structure would have to wait until near the end of the TIRZ lifetime, unless a private developer could be induced to build a garage in a public-private partnership earlier than that. With the opportunity of vacated ROW from the demolished Harbor Bridge ramps, such a partnership is feasible, perhaps in conjunction with an on-street meter parking policy as envisioned by the DADP (p. 28). 71 Page Appendix A - Economic Feasibility Analysis �pUS C —4 O k� 11 0 ',.. r U b00RPORREAGENDA MEMORANDUM 1852 Action Item for the City Council Meeting May 25, 2021 DATE: May 25, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)cctexas.com (361) 826-3419 Decrease of State Law Maximum Speed During School Zone Hours — Park Road 22 CAPTION: Ordinance amending Corpus Christi Code to decrease the speed limit on Park Road 22 from 55 miles per hour to 35 miles per hour on school days and hours for a school zone adjacent to Seashore Learning Center. SUMMARY: This ordinance will decrease the speed limit, during school zone hours, from 55 mph to 35 mph along Park Road 22 beginning at a point 0.249 miles (1315-feet) north of Encantada Avenue and ending at a point 0.122 miles (644-feet) south of Encantada Avenue. This will establish a school zone for Seashore Learning Center. BACKGROUND AND FINDINGS: The Island Foundation Board of Directors submitted a formal petition to the City of Corpus Christi to reduce the speed limit and/or install a school zone along Park Road 22 adjacent to the Seashore Learning Center. This request was forwarded to the Texas Department of Transportation (TXDOT) since Park Road 22 is a State maintained roadway. Chapter 25 of the Texas Administrative Code provides the information and procedures necessary for governmental entities to establish a speed zone on State Highway systems. These procedures require an engineering and traffic study which was conducted by TXDOT in January 2021. They also require the respective city to pass an ordinance establishing the speed zone and allow TXDOT to install signage. The City will notify the Corpus Christi Police Department upon installation of signs. The local TXDOT office conducted a traffic study, who then sent their findings to the TXDOT Divisions Office for review. TXDOT's findings and proposal to reduce the speed limit from 55 mph to 35 mph during school zone hours were approved by the Austin Traffic Division on February 22, 2021. TXDOT subsequently requested that the City of Corpus Christi pass an ordinance to establish the reduced speed zone so that TXDOT can install signage. The item was recommended for approval by the City's Transportation Advisory Commission during their monthly meeting in March 2021. ALTERNATIVES: The alternative is not to pass an ordinance to establish a school zone for Seashore Learning Center. FISCAL IMPACT: TXDOT will be responsible for establishing the speed zone, to include, all signs, pavement markings, flashing beacons, etc. The City will be responsible for the maintenance, which the department allocates within its operating budget for maintenance of traffic signal equipment city- wide. FUNDING DETAIL: Fund: 1041 Streets Organization/Activity: 12460 Traffic Lighting Mission Element: 051 Maintain, Pavement & Associated Improvements Project # (CIP Only): n/a Account: 530235 Infrastructure Maintenance RECOMMENDATION: Staff recommends City Council approve the passage of this ordinance to establish a school zone for Seashore Learning Center. LIST OF SUPPORTING DOCUMENTS: Strip Map Proposed Signage Ordinance Ordinance amending Corpus Christi Code to decrease the speed limit on Park Road 22 from 55 miles per hour to 35 miles per hour on school days and hours for a school zone adjacent to Seashore Learning Center; providing for penalty WHEREAS, Park Road 22 is a state maintained roadway; WHEREAS, Chapter 25 of the Texas Administrative Code requires an engineering and traffic study and requests the city to pass an ordinance to establish a school zone on state highway systems; WHEREAS, the Texas Department of Transportation conducted a traffic study and propose to reduce the speed limit from 55 mph to 35 mph during school zone hours; WHEREAS, the proposed reduction in speed during school zone hours was approved by the Austin Traffic Division in February 2021 and the City's Transportation Advisory Commission in March 2021 ; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-254 Schedule V, increase of state speed limit in certain zones is revised as follows: "Sec. 53-254. — Schedule V, increase of state speed limit in certain zones. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less that is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: Park Road 22: Page 1 of 3 From 0.249 miles (1315 feet) north of Encantada Avenue to 0.122 miles (644 feet) south of Encantada Avenue-35 mph—During school zone hours. 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 judgement 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 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 5. 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. Page 2 of 3 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 3 of 3 CVEl I- WIRII ANA—1 21 A111—INIAVIA A1111IN11 2.2R CORE-C111 BILI 248MI I�E� � ,s,1ssMFH 1Er,_„ � s=MPH IEXISTI p �\� ...... v Na,q� ACCIDENIA ANN 111TH I IIATIllF B IN N11111 FOE SER R MBE"OF CARS CHECIER SPEED ZONE FTL® N EO O PHOPEFry oPIAP6E PGCI OENr A"I...UN LOCA Bo 6v GOIAFES1,ICT IAINL*E . FY scxoot '� FY ss sPeeo sexaoL scxoo� Qa.,-,o. uxtt eno sceeo Stl100L a e�° 11Mli 35 zone 35 sPE� uxir uxu '�uw 5 5 FY 5 5 FY r, _...� ,�.....� S� +iA" a P � .r � s .,,,.. air e�ae f 55 Y. o ioo zoo aoo b • CEARN]NG n ACADEMY` � - �. 3 5 �,. v scxooL IMERIAA REVIEW IIEEI 30 �xi x"IN NII 35., F� scxoa� �° za,ae m TIME vrmxwao s.00�,o.E zone 'Iry e�of zo � o FY _.r vzo oc '� �Co�bFendley Y z. FY v¢ wa � an x Eo v n o z a umi •w . 35 .0 rue „n ,1 Department of Trnruport&[ion PR 22 2 FY PROPOSED SCHOOL ZONE .-e SIGNAGE rmp — o.o" 1117 12 1122 AWL Decrease of State Law Maximum Speed PR22 (Seashore Learning Center) City Council Presentation May 25, 2021 Background • The Island Foundation Board of Directors submitted a formal petition to the City to reduce the speed limit and/or install a school zone along Park Road 22 adjacent to the Seashore Learning Center. • The local TXDOT office conducted a traffic study. Their findings and proposal to reduce the speed limit from 55mph to 35mph during school zone hours were approved by the Austin Traffic Division in February. • Transportation Advisory Commission (TAC) reviewed the request and provided recommendation to City Council for approval. Vicinity Map FLOUR BLVFF,¢' 35a N f:-LE: ',.T.:., J. LAGUNA MADRE (I PADRE I ISLA D GULF OF MEXICO r-SPEED REDUCTION-PR 22 ISEASHORE LEARNM CENTER Speed Reduction — PR 22 — Seashore Learning Center o � Jb eeaa a: a Aerial Overview ' r s SPEED REDUCnON SEASHORE i. V r r •� �.7 ta , s � $ f Speed Reduction — PR 22 — Seashore . • Center Recommendation V,^U7 Approval of ordinance amending the Code of Ordinances, Chapter 53, Section 53-255. -Schedule VI, Decrease of state law maximum speed to decrease the speed limits along Park Road 22 to 35MPH beginning at a point 0.249 miles (1315- feet) north of Encantada Avenue and ending at a point 0.122 miles (644-feet) south of Encantada Avenue. so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of May 25, 2021 DATE: May 25, 2021 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works Richard M5(a)-cctexas.com (361) 826-3419 Briefing from Flatiron/Dragados on the Harbor Bridge Replacement Project STAFF PRESENTER(S): Name Title/Position Department 1. Richard Martinez Director Public Works OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Lynn Allison Public Information Coordinator Flatiron/Dragados 2. Keith Armstrong Project Manager Flatiron/Dragados 3. Jody Crawford Roadworks Manager Flatiron/Dragados 4. Rickey Dailey Public Information Officer TXDOT BACKGROUND: Flatiron Dragados, LLC., in partnership with the Texas Department of Transportation, will brief City Council on the Harbor Bridge Replacement Project. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Harbor Bridge Replacement Project (Not included)