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HomeMy WebLinkAboutAgenda Packet City Council - 03/13/2001CITY COUNCIL AGENDA City of Corpus. Christi March 13, 2001 1:45 p.m. Proclamation declaring the month of April, 2001 as "Senior Softball Association Month" Certificate of Commendation to Maya Torres Swearing-in of newly appointed Board, Commission and Committee members. AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD MARCH 13, 2001 2:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimttedtothreeminutes. If you have a petition or other information pertaining to your subject, p/ease present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingles es limitado, habra un int¢rprete ingl¢s-espaf~ol en tedas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Reverend E. F. Bennett. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero Melody Cooper Henry Garrett Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa E. MINUTES: Approval of Council Workshop of February 20, 2001 and Regular Meeting of February 27, 2001. (Attachment # 1) Agenda Regular Council Meeting March 13,2001 Page 2 BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) Board of Adjustment Building Standards Board Ethics Commission PRESENTATIONS: (NONE) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa,~ol en la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public Thefollowingitemsareofaroutineoradministrativenature. TheCouncilhasbeen furnished with background and support material on each item, and/or it has been CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 13,2001 Page 3 discussed at a previous meeting. Afl items will be acted upon by one vote without being discussed separately un/ess requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCER FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction Company, Inc. for a total fee not to exceed $304,948.30 for the Denver Street at Jackson Place/Ohio Avenue Storm Water Improvements Project. (Requires 6 votes) (Attachment # 3) Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc. in an amount notto exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations for the 2000 Hurricane Season. (Requires 6 votes) (Attachment # 4) Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII. Schedules, Section 53-252. Schedule Ill - Parking prohibited at all times on certain streets, by prohibiting roadside parking at all times on both sides of west Broadway Street between Padre Street and Sam Rankin Street; providing for penalties. (Attachment # 5) Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with So-San Corporation for public street improvements on Oso Parkway abutting a dedicated public park not to exceed $41,584.55 for City's share of costs of the improvements. (Requires 6 votes) (Attachment # 6) Ordinance closing and abandoning a 5,776-square foot portion of a 20-foot wide utility easement out of Lot 2B and 3, Block 1, Caja Industrial Development Subdivision; requiring the owner, Regional CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 13,2001 Page 4 10. 11. Transportation Authority (RTA), to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 7) Ordinance closing and abandoning a 4,417.04-square feet, 10-feet wide utility easement out of Lots R, S, U, and V, Block 9, Corpus Christi Industrial District Section 2; requiring the owner, Horton Automatics, to comply with the specified conditions and replat the property within 180 days at owner's expense. (Attachment # 8) Ordinance authorizing the City Manager or his designee to execute a Sanitary Sewer Maintenance Agreement with Horton Automatics requiring Horton Automatics to fully maintain the sanitary sewer line in the easement and in return allowing Horton Automatics (owner) the right to use the 10-foot wide (3,508.24-square feet) utility easement out of Lot V, Block 9, Corpus Christi Industrial District Section 2, from manhole to manhole with specified conditions; establishing a fee of $4,385. (Requires 6 votes) (Attachment # 8) Motion authorizing the City Manager or his designee to execute an addendum to the contract for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEC) equipment, authorized by Motion M2000-257, approved by City Council on July 25, 2000, to add 200 mobile data computers and miscellaneous equipment at an annual cost of $11,946.72. (Requires 6 votes) (Attachment # 9) Ordinance appropriating $35,822.41 from the State of Texas in the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education for training of police personnel; amending the FY00-01 Budget adopted by Ordinance No. 024130 by adding $35,822.41 to the No. 6010 Trust Fund - Law Enforcement Officer Standards and Education. (Attachment # 10) Resolution authorizing the City Manager or his designee to execute an amendment to the Interlocal Agreement with the Coastal Bend Council of Governments, that is funding the purchase of a mobile water injection system (watertruck) for the City's Composting Operation. (Requires 6 votes) (Attachment # 11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 13,2001 Page 5 K. PUBLIC HEARINGS: (NONE) LJ REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 12. Motion authorizing the City Manager or his designee to rebate excess arbitrage interest earnings to the U.S. Treasury on the Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995; and the General Improvement Bonds, Series 1995-B. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute a contract in the amount of $174,550 with Gershman, Brickner & Bratton, Inc. for Solid Waste Consulting Services to develop Solid Waste and Landfill Business Plans, Landfill Contractor Procurement, Automated Collection and Recycling Procurement. (Requires 6 votes) (Attachment # 13) 14. First Reading Ordinance - Authorizing and allowing under the act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for the ordinance. (Attachment # 14) 15.a. Resolution supporting "A Proposal for Implementing the Rincon Bayou Diversions and amending the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary," requesting the Texas Natural Resources Conservation Commission to approve necessary amendments to the 1995 Agreed Order; and expressing appreciation for efforts of the Nueoes Estuary Advisory Council. (Attachment # 15) 15.b. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, Chapter 55, Utilities, to establish automatic water conservation measure, to codify the rules governing drought contingencies and establishing permanent water conservation measures, and to direct an operations plan for the reservoir system; amending the Water Conservation and CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 13,2001 Page 6 15.C. M= 16. Drought Contingency Plan by deleting the references to specific reservoir levels in Section 2.1 of the Drought Contingency Plan; amending the Water Conservation and Drought Contingency Plan by repealing Section 2.2 of the Drought Contingency Plan; revising and clarifying certain other provisions of Article XII of Chapter 55; providing for penalties; providing for severance. (Attachment # 15) Motion authorizing the City Manager to retain HDR Engineering to provide engineering services for design and bidding services related to re-opening the Rincon Overflow Channel at a price not to exceed $40,000, to provide construction services for the Rincon Channel project at a price to be negotiated, and to provide services related to construction of a pipeline from the Calallen Reservoir to the Nueces Delta at a price to be negotiated. (Requires $ votes) (Attachment # 15) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. Planned Executive Session and Related Action Notice is given specifically that the City Council expects to go into executive session during this meeting regarding the following additional matter: Executive session pursuant to Texas Government Code Section 551.072 regarding the purchase, exchange, lease, or value of real property in connection with acquisitions necessary for the Rincon Bayou Project. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting Mamh 13,2001 Page 7 concerns; current topics raised by media; foflow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 17. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 77th Texas Legislature. 18. CITY MANAGER'S REPORT * Upcoming Items 19. MAYOR'S UPDATE 20. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 4:00 _p.m., March 9 ,2001. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. CITY COUNCIL 1999 PRIORITY ISSUES: CONTINUE "AS IS" �t Improve Basic Services: Trash, Brush, Debris Improve Basic Services: Street and Road Maintenance Improve Basic Services: Animal Control = Improve Basic Services: Quality Water Improve Basic Services: Lighting Stormwater / Drainage Northside Plan Residential / Community Park Development Capital Improvements / Bond Issue OAirport Improvements Street Assessment NJCommunity -Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS Privatize Services • Explore additional opportunities -ofifi* Crime Control District Initiatives • Address budget concerns and the ability to fund the program for the long-term ® Bayfront Development Plan • Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area • Continue coordination / collaboration among entities in the area Golf Course Youth Crime Initiatives Environmental Compliance Development Center NJCommunity -Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS Privatize Services • Explore additional opportunities -ofifi* Crime Control District Initiatives • Address budget concerns and the ability to fund the program for the long-term ® Bayfront Development Plan • Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area • Continue coordination / collaboration among entities in the area Improve Basic Services: Park Maintenance • Prepare / repair facilities • Evaluate current facilities for improvement priorities • Identify undeveloped park land for possible sale • Consider outsourcing neighborhood park maintenance to Neighborhood Associations, with assurances of equity • Explore establishment of Adopt -A -Park program Animal Control • Ensure adequate staff and equipment • Establish a "Cooperative Veterinarian" program Economic Development • Participate with local and regional economic development initiatives (not necessarily with funding) Bayfront Convention Center Expansion • Modify plans or identify alternative funding sources as a result of study NEW PRIORITY ISSUES FOR 2000 Internal Issues Charter Revision • Tax Cap • Term Limits • Utility Transfers • Review previous Charter Commission's recommendations IR 2 Improve Working Relationships with Other Taxing Entities �i • Invite to quarterly meetings • "Tax Summit" • Explore opportunities to share in tobacco settlement dollars Landscaping / Improvement of Entryway from Corpus Christi International Airport • Code enforcement Address Long-term Budgetary Issues • Reach agreement on a plan / philosophy • Acquire software, ensure monthly requisitions and timely CAFR Md Legislative Issues Museum of Science and History Long -Range Plan M Tax Increment Financing District (Packery Channel) Long-range Strategic Water Planning Capacity External Issues Metrocom T WN Crosstown Expressway Spaceport TMedical Campus Long-range (after the Bond Issue) Downtown Development • Median improvement / landscaping • Plan for development of west end of downtown (First United Methodist Church to Memorial Coliseum) r Hospitality Industry Development - Central City �I CC Beach Development rMarina Development Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community -wide Visioning Process 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS City Council Workshop February 20, 2001 12:12 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Betty Jean Longoria Council Members: Javier D. Colmenero* Melody Cooper Henry Garrett Dr. Arnold Gonzaies Rex A. Kinnison John Longoria* Mark Scott Ci_ty Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attorney James R. Bray Jr. Assistant City Secretary Mary Juarez Recording Secretary Rachelle P. Ram6n Mayor Neai called the workshop to order in the Basement Training Room of City Hail. Assistant City Secretary Juarez checked the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the workshop. City Manager Gareia introduced Ms. Daiquiri Richard, Executive Director of Beautify Corpus Christi Association, and Ms. Susan Cable, Director of Communications and Quality Management for the City of Corpus Christi. Ms. Richard explained that nationwide taxpayers spend over $200 million each year to pick up litter. In order to better address the problem locally, the "STOP Trashing Corpus Christi" (STCC) campaign was initiated in 1999. Ms. Cable said that STCC is an innovative community outreach program that leverages limited resources to increase positive environmental practices. The goal of STCC is to achieve a noticeably cleaner environment and to change behaviors. She said two major impediments to having a clean community are a lack of resources to significantly increase city efforts, and a lack of understanding by citizens of the rules and responsibilities for property and waste management. Ms. Cable said those involved in the STCC campaign developed a five-pronged strategy: establish partnerships in the community; conduct community clean-up events and volunteer recognition events; coordinate and promote city programs such as "Cash for Trash," household hazardous waste collection, recycling and inlet stenciling; increase the education and marketing campaign; and support new legislation and enforcement. Ms. Cable said 78 community organizations have participated in community-wide clean-up events. *Council Member John Longoria arrived at 12:20 p.m. Ms. Richard listed many of the initiatives undertaken by other communities, and Ms. Cable described specific accomplishments of the locai STCC campaign. They include ongoing educational Minutes - City Council Workshop February 20, 2001 Page 2 programs in schools; targeted communications, including public service announcements, videos, coloring books, utility bill inserts, and others; amendments to the city's ordinances regarding solid waste and graffiti removal; and five annual community clean-up events, two of which are coordinated with national events. Several city staff members responded to Council members' questions concerning how the city deals with litterers, including people who litter at shopping centers and other private property. Mayor Neal noted that large quantities of trash often collect on undeveloped farm land located along major thoroughfares. Ms. Cable said a community clean-up event has already been held on February 17th, and other scheduled dates are April 7th (in conjunction with "Don't Mess with Texas Trash-Off"), June 16th, August 18th, and October 27th (coordinated with "Make a Difference Day"). Ms. Cable discussed three different concepts for the community-wide clean-up events, and there was consensus of the Council to adopt the first concept, in which the Mayor, At-Large and District Council members would each take the lead for one of the scheduled events. Their lead role would include promoting the event and holding a follow-up news conference to recognize volunteers. The schedule of events would be as follows: (local events) June 16, 2001 - District 1; August 18, 2001 - District 2; February 2002 - District 3; June 2002 - District 4; and August 2002 - District 5. The Mayor and At-Large members would head up the clean-up events held in conjunction with the state and national events: April 7, 2001 - Mayor; and October 27, 2001, April 2002 and October 2002 - each of the three At-Large Council members. Mayor Neal said the Council members could work with the directed patrol officers in their areas to help coordinate the clean-up events. He added that enforcement of the regulations against littering and in support of the solid waste ordinance is important. Several Council members made similar comments. Mayor Neal asked staff to compile these ideas and bring them back to the Council so they can take a public position on them. *Council Member Colmenero arrived at 1:15 p.m. Council Member Betty Jean Longoria stated that the Council needs to remember this proposal when they prepare the budget for the next fiscal year. Additional comments were made about setting aside a particular day in Municipal Court to process violations of the solid waste ordinance. There being no further business to come before the Council, Mayor Neal adjourned the workshop at 1:20 p.m. on February 20, 2001. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting February 27, 2001 2:04 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tern Betty Jean Longoria* Council Member~: Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison John Longoria Mark Scott Ciw Staff: City Manager David R. Garcia Deputy City Manager George Noe City Attomey James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Rev. Shane Kinnison, Parkdale Baptist Church, following which the Pledge of Allegiance to the United States flag was led by Council Member Gonzales. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of February 20, 2001, and the special Council meeting of February 21, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Coinmittee for Persons With Disabilities Sandra Cabazos Linda Falwell-Stover Roberto Flores Frances Garza Jon Harwood Crystal Lyons Toni Padilla Eloy Soza Glenn Ray Tomo Mayor Neal called for petitions from the audience. Mr. David Perry, 14126 Cutlass Ave., said he lives on Padre Island and owns four commercial lots on Section B of Block 17. He said he and his wife were preparing to build a restaurant there when he learned of an ordinance (No. 023905) that was approved by the Council on Minutes - Regular Council Meeting February 27, 2001 Page 2 January 11, 2000, after he bought that property. He said the ordinance, which restricts his access to Palmero Street, was requested by the Padre Island Property Owners Association. He said it was believed that the commercial lots there detracted from the residential lots. Mr. Perry also discussed the screening requirements contained in the ordinance. Mayor Neal encouraged Mr. Perry to meet with Mr. Michael Gunning, Director of Planning and Development, to share his concerns. *Council Member Betty Jean Longoria arrived at 2:10 p.m. Mr. Leon Perez, 904 Buford, complained about a renter who is not maintaining his property at 650 Robert Drive. He said he reported it to the Zoning and Code Enforcement Department, who informed Mr. Perez that since he is the property owner, it is his responsibility to maintain it. Mr. Abel Alonzo, 1701 Thames, thanked the members of the Committee for Persons with Disabilities for working so hard to make that committee a reality. He said it is just the beginning of an effort to eliminate the biases and prejudices that exist against disabled persons. Ms. Judy Telge, Accessible Communities Inc., said some of the members of the Committee for Persons with Disabilities are going through a leadership class to learn how to be good citizens. She invited the Council to attend the next leadership training class on March 17th. Mayor Neal called for consideration of the consent agenda (Items 3-11). Council members requested that Items 5, 6, and 10 be withheld for discussion. There were no comments from the audience. City Secretary Chapa polled the Council for their votes and the following were passed: 3.a. M2001-093 Motion to rescind the award to Bums International Security Services, Corpus Christi, Texas in the amount of $208,542.62 and all action regarding previous bids received under Bid Invitation No. BI-0033-01, by repealing Motion No. M2000-432. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 3.b. M2001-094 Motion approving a supply agreement with U.S. Security Associates, Inc., Corpus Christi, Texas for Uniformed Guard Security Services for City Hall, Central Library and the O.N. Stevens Water Treatment Plant in accordance with Bid Invitation No. BI-0033-01 based on low bid meeting specifications for an estimated annual expenditure of $226,781.10. The term of the contract is for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager or his designee. Funds have been budgeted by the using departments in FY00-01. Minutes - Regular Council Meeting February 27, 2001 Page 3 The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria. and Scott voting "Aye." 4. M2001-095 Motion authorizing the City Manager or his designee to execute a construction contract with Elite Construction Company in the amount of $164,500 for the Texas State Aquarium Sea Lab Renovations Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Gat'rea, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute Change Order No. 2 with Haas Anderson Construction in the amount of $172,902.50 for rehabilitation of approximately 1,190 linear feet of24-inch wastewater and stormwater lines (Alameda, Santa Fe, and Weber Overlay Projects). The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year concession services lease with Prince Catering at both the Oso Beach Municipal Golf Course and the Gabe Lozano, Sr. Golf Center in consideration of Prince Catering paying 17% of monthly gross sales or $2,500 per month, whichever is greater, at each facility. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Go,Tales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a five-year lease agreement with the Gulf Coast Gem and Mineral Society ("Lessee") at the Kiwanis Recreation Center in consideration of lessee providing lapidary classes and workshop programs ("Programs") to the public and payment to the City of 35% of all revenues generated from these programs. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting February 27, 2001 Page 4 11. RESOLUTION NO. 024383 Resolution strongly supporting House Bill 1449 relating to expiration of the property redevelopment and Tax Abatement Act. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Before opening discussion on Item 5, Mayor Neal said he had inadvertently overlooked a citizen who had signed up under petitions from the audience. Mrs. Ben Perry, 14126 Cutlass Ave., said she is the wife of Mr. David Perry (who addressed the Council earlier). She said she is very angry about the situation with the ordinance and she just wishes to build her restaurant. Council Member Colmenero asked about Item 5, lighting of outdoor sports facilities. Mr. Angel Escobar, Director of Engineering Services, explained that master plans will be designed for the eight fields on the city-owned portion of Price Field. After that city staff will meet with representatives of the sports organizations and decide which fields will receive improvements under this first phase. City Secretary Chapa polled the Council for their votes as follows: 5. M2001-096 Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $174,339 with Cowell & Associates Inc. for Outdoor Sports Facilities - Lighting (Bond Issue Project B-4). The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 6, beach nourishment project. Responding to Mr. Colmenero, Mr. Eseobar said this item will add the last three additive alternates to the original beach nourishment contract. Mayor Neai asked staffto formally respond to a letter to the editor in the local newspaper saying that tax money was being used on this project, which is erroneous. City Secretary Chapa polled the Council for their votes as follows: Motion authorizing the City Manager or his designee to execute a grant agreement, should it be offered, with the Texas General Land Office in the amount of $201,750 for the Corpus Minutes - Regular Council Meeting February 27, 2001 Page 5 Christi Bay Beach Nourishment Project. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6.b. ORDINANCE NO. 024381 Ordinance appropriating $201,750 from the Texas General Land Office, upon receipt of grant approval, in the No. 1050 State/Federal Grants Fund for the Corpus Christi Bay Beach Nourishment Project. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." 6.c. ORDINANCE NO. 024382 Ordinance appropriating $28,635.51 from the Unappropriated Fund Balance in the No. 3280 Park Fund for the Corpus Christi Bay Beach Nourishment Project; amending Ordinance No. 024162 which adopted the FY00-01 Capital Improvement Budget by adding $28,635.51 to the No. 3280 Park Fund. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longofia, J. Longofia, and Scott voting "Aye." Mayor Neal opened discussion on Item 10, Oso Pony Baseball League lease. In response to Council Member Garrett, Mr. Tony Cisneros, Director of Park and Recreation, explained that some minimal improvements have been made to the neighborhood park portion of South Guth Park, while the bond program will be funding improvements solely to the athletic facilities at this time. Council Member Scott said the Pharaoh Valley Property Owners Association is working to improve the neighborhood park. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCE Ordinance authorizing the City Manager or his designee to execute a ten-year lease with Oso Pony Baseball League for the use of a portion of South Guth Park in consideration of Oso Pony Baseball League maintaining the premises and improvements and operating a baseball program. The foregoing ordinance passed on first reading as follows: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. Minutes - Regular Council Meeting February 27, 2001 Page 6 Mayor Neal opened discussion on Item 12, landfill tipping fees. Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, explained that this is the second reading of the ordinance regarding tipping fees. Using a computer presentation, Mr. Massey discussed a synopsis of landfill commercial revenues for FY00-01. He said staffhad budgeted revenues at this time to be $3.8 million, while actual revenues received are $3. I million. He said that reflects a decrease of about 30,000 tons of trash that is not being brought to the Elliott Landfill. He said staff projects a loss of 67,000 tons by the end of the fiscal year. Mr. Massey said assuming a similar loss rate through the end of the fiscal year and using the current tipping fee of $26.50 per ton, the revenues would only be about $6.04 million, although they were originally budgeted at $7.7 million. At a tipping fee of $24.50 per ton, revenues would be $5.8 million and at $22.50 per ton revenues would be $5.6 million. Mr. Massey then discussed a second chart which assumes varying tonnage losses at different tipping fees. Projecting a 49,000-ton loss (rather than a 67,000-ton loss) at a rate of $24.50 per ton, revenues would be $6.3 million, while a projected 42,600-ton loss at a rate of $22.50 per ton would result in revenues of $6.2 million. He said staff believes that a competing landfill is offering contracts to haulers for their tonnage. The Assistant City Manager said staff's recommendation is that the City Manager be granted the authority to not only set the tipping fee based on market conditions for inside city limits (ICL) customers, but that he also be authorized to enter into contracts for outside city limits (OCL) customers for tonnage. He said the contracts could be framed to review not just a customer's total tonnage but his historical tonnage as well. He said the idea is to offer an incentive to draw as much historical tonnage as possible back to the city's landfill. Mr. Massey also discussed staff's computations on landfill disposal costs. He said the only equipment costs are for the equipment that operates at the landfill. He noted that one of the expense items is $1.95 million for debt service and another $1 million for regulatory compliance. He said many of those costs will not decrease even if less tonnage is brought to the landfill. Responding to Mayor Neal, Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, said the Council approved a budget for the whole Solid Waste Services Department of $16.4 million, which consists of $6.3 million for the landfill and $10.1 million for residential garbage, heavy brush collection, recycling, compliance and administrative costs. He said the revenue from solid waste fees is approximately $I1 million. Mr. Maxio Tapia, Acting Director of Management and Budget, said the total Solid Waste Services revenue budget is $20.2 million. Replying to additional questions from the Mayor, Mr. Massey said staffbelieves that it will take more than just lowering the tipping rate at the landfill gate in order to retain tonnage. He reiterated that staffis recommending entering into contracts with haulers in order to reduce tonnage losses. He said the competing landfill is aggressively seeking contracts with haulers and offering them much lower rates. City Manager Garcia said that through aggressive pricing and contracting, there is the potential to substantially offset the revenue the city was not receiving. Minutes - Regular Council Meeting February 27, 2001 Page 7 Council Member Garrett said when the Council discussed this issue during the February 20th meeting, they told staffthey did not want to enter into contracts with the haulers, which is what staff is recommending. Mr. Massey said his instructions from the Council were to be competitive and to operate the landfill in a business-like manner. However, he said, not being able to offer contracts to haulers constrains the city's ability to compete. Mr. Garcia said that lowering the tipping rate accelerates the revenue loss in some areas. He said he cannot guarantee that it will not stop the loss of tonnage the landfill is currently experiencing. In response to Council Member Scott, Mr. Garcia said staffhas to take more dramatic steps to manage its waste program. He said they anticipate coming back to the Council within the next six months with a comprehensive flow-control ordinance. Mr. Scott asked how the city plans to be fair to both the large and small haulers. Mr. Massey said staff would use historical tonnage as a starting point for negotiations. Mr. Garcia said staff cannot tell the Council how the contracts with the individual haulers will be structured. He said staffwould like to maintain a flat rate for garbage collected inside the city limits while aggressively targeting the OCL haulers to use the Elliott Landfill. He added that currently there is no distinction between ICL and OCL garbage, which he explained. Mr. Scott said he thought the City Manager should have the capability of setting a fixed rate as well as to negotiate additional tonnage contracts for no longer than six months. Council Member Gonzales said last week the Council gave the City Manager the flexibility to set the rates across the board. However, the scenario staffpresented was bleak and instead staff is recommending the use of contracts along with lower tipping fees. Council Member Kinnison said staff did what the Council directed them to do and they brought back several financial projections. He then made a motion to amend the ordinance prior to second reading to give the City Manager the authority to negotiate commemial tipping fee contracts for disposal of solid waste at the city's landfill for a six-month period. Responding to Council Member Colmenero, Mr. Massey said the budgeted landfill revenues of $7.7 million were based on approximately 300,000 tons, and staffis anticipating a loss of 67,000 tons by the end of the fiscal year. He noted that the monthly tonnage loss started out small but it has continued to increase. Mr. Massey said staff is estimafmg losses of 6,000 tons per month for the next six months. He added that the revenue figures were calculated with the assumption that certain measures would be implemented to manage the solid waste generated inside the city limits, which has not yet occurred. Council Member John Longoria said staff's recommendation is to establish contracts with individual haulers, which would freeze their base tonnage amounts and allow them a break on amounts over that. He discussed different scenarios that could occur. Responding to Mr. Longoria, Mr. Mikolajczyk said BFI's landfill in Sinton will be closing in about 12 months. A discussion ensued. Mr. Massey pointed out that the city does not handle the billing for the disposal of residential solid waste the same way as the billing for commercial solid waste. Minutes - Regular Council Meeting February 27, 2001 Page 8 Responding to Mr. Garrett, Mr. Mikolajczyk said he did not think that E1 Centro Landfill accepts heavy brush or tires. Council Member Betty Jean Longoria said she will support staff's recommendation because she has a responsibility to the budget. Ma'. Longoria seconded Mr. Kinnison's motion to amend the ordinance. Mayor Neal called for comments from the audience. Mr. Ralph Diaz, co-owner of Corpus Christi Disposal Service, said historical tonnage means the tonnage his company had last year, and it could vary depending on how aggressive his competitors wish to be. He said he has several OCL contracts and they are designed to save the customer money while still providing the necessary service. He said his company has continued to utilize the city's landfill despite increased cost to him. Mr. Diaz also asked how he would be expected to differentiate between OCL and ICL loads. Mr. John Torrey, Captain Hook Dumpsters, said he thinks Mr. Kinnison's motion is a vote against small business. He said staff overestimated the landfill revenues and they are only looking at the short-term consequences. He said this action would deny the opportunity for other businesses to compete in the market. Mr. Kinnison said the plan recommended by staff is intended to induce haulers like Mr. Torrey to take their loads to the Elliott Landfill rather than the El Centro Landfill. To do so, they will have to offer the haulers a better deal, which means the haulers will benefit. Mr. Larry Woods, Sixteen Services, questioned why a large hauler should be given a special price break if the city institutes flow control. He said there are other ways to recoup lost revenues, such as taxing large vehicles that cause wear and tear on the city's streets. He indicated support for the Council's vote on this issue last week and he urged them not to amend the ordinance. Mr. Mickey Shuford, District Manager and General Manager of BFI, said he started in the waste management business with one track so he understands the concerns of both small haulers and large haulers. He said BFI has continued to bring the same waste stream to the city's landfill for the last six months, although it has cost them more money than at E1 Centro. He said the tipping fee is a cost that the haulers pass through to their customers and BFI just wants it to be equitable. Responding to Mayor Neal, Mr. Shuford said last month BFI took 9,400 tons to the city's landfill, while their average monthly tonnage is 7,000 tons. Mr. Mikolajczyk said the landfill's total average monthly commercial tonnage is 19,000 tons. The Mayor said if the tipping fee is reduced and the reduced tonnage projections are realized, landfill costs will have to be decreased in order to offset the lost revenue. He said the only variable costs are personnel and fuel because the other costs (such as debt service and regulatory compliance) are fixed. As a result, the landfill operation will need.to be reengineered. Mr. Garcia said there is a possibility that residential garbage collection will be impacted. Mayor Neal called for a brief recess. Upon reconvening, City Secretary Chapa read Mr. Kinnison's motion to amend the ordinance Minutes- Regular CouncilMeeting February27,2001 Page 9 prior to second reading to give the City Manager the authority to negotiate commercial tipping fee contracts for disposal of solid waste at the city's landfill for a six-month period. Responding to Mr. Longoria, Mr. Garcia said the issue of the six-month period was not originally proposed by staff last week but it emerged during the discussion because he had told the Council that staff intended to come back in six months with a long-term strategy. Mr. Scott asked about the distinction between OCL and ICL, which Mr. Mikolajczyk explained. Mr. Chapa polled the Council for their votes on Mr. Kinnison's motion to amend, and it passed by the following vote: Cooper, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Neal, Colmenero, Garrett, and Gonzales voting "No." Dr. Gonzales asked if an amendment on second reading required just a majority vote or a two-thirds vote, and Mr. Chapa replied that it is a majority vote. Mr. Chapa then polled the Council for their votes on Item 12 as amended: 12. ORDINANCE NO. 024384 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21, Garbage, Trash, and Other Refuse, to authorize the City Manager to contract reduced tipping fees for disposal of solid waste at the city's landfill. The foregoing ordinance passed on second reading, as amended, by the following vote: Cooper, Kinnison, B. Longofia, J. Longofia, and Scott voting "Aye"; Neal, Colmenero, Garrett, and Gonzales voting "No." Mayor Neal opened discussion on Item 13, renaming of Nueces River Park. City Manager Garcia said that several weeks ago the Council established a subcommittee, chaired by Council Member Garrett, to examine ways to honor Terry and Bobby Labonte, nationally acclaimed NASCAR racers. Ms. Yvoune Haag, Acting Assistant to the City Manager, said that in addition to Mx. Garrett, the subcommittee members were Tom Niskala, Daiquiri Richard, Tony Cisneros, Dave Hamrick, Paul Longoria, Diana Garza, and herself. Ms. Haag said the committee took into consideration that Terry and Bobby Labonte are proud of the fact that they are native Corpus Christians, even though they no longer live here. She said the committee is recommending renaming Nueces River Park in their honor and another option is a permanent display at the airport, which will have to be considered after the terminal reconstruction is completed. Ms. Haag also said that the public relations representatives for Terry and Bobby Laborite expressed their enthusiasm about the proposed park renaming, particularly since it is located in northwest Corpus Christi where many of the Labontes' fans live. Ms. Haag said they are very Minutes - Regular Council Meeting February 27, 2001 Page 10 supportive of whatever honor is bestowed on the Labontes. Mr. Garrett noted that in their research, the committee found there are more fans who watch stockcar racing than baseball and football combined. Mr. Cisneros said the city has a policy regarding the naming of city parks and recreational facilities. He said the Park and Recreation Advisory Committee discussed this proposal on February 15, 2001 and although they are supportive of honoring the Labonte brothers in some way, they do not support renaming Nueces River Park. Instead, they recommended naming the old City Hall site on Shoreline Boulevard in honor of the Labontes. Responding to Mayor Neal, Mr. Cisneros said subcommittee members have spoken with representatives of the Texas Department of Transportation regarding signage for the park if the renaming is approved. Mr. Garcia said they have obtained cost estimates for replacing those signs as well as installing additional signs in the park itself. Mr. Tom Niskala, Chairman of the Chamber of Commerce, said the business community is very supportive of this proposal and several businesses have offered financial assistance. City Secretary Chapa polled the Council for their votes as follows: 13. M2001-099 Motion authorizing the renaming of the Nueces River Park, the Terry and Bobby Labonte Park and waiving the 60 day waiting period as prescribed by the park naming policy. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 14, police officers agreement. In a computer presentation, Deputy City Manager Noe said staff and representatives of the Corpus Christi Police Officers Association (CCPOA) began negotiations in May 2000 and a tentative agreement was reached on February 23, 2001. Although the prior agreement expired on July 3 l, 2000, the agreement's provisions have been carried forward under the "evergreen clause.' Mr. Noe reviewed the agreement's key provisions: e-mall access for CCPOA bulletin board information; changes to the retirement plan, including a 50% CPI adjustment on automatic renewal and a 20-year retirement option by August 1, 2002; bomb squad pay increase (from $50 to $75 per month); and a lump sum allocation of two personal leave days in FY00-01. He said other key provisions are one additional shift of vacation for employees with over 15 years of service; extension of the current enay list until June 30, 2001; reduction in force issues, Minutes - Regular Council Meeting February 27, 2001 Page 11 including clarifying what state law governs and limiting "bumping" if appointed positions are reduced; and resolving nepotism issues for promotion and transfer. Mr. Noe also outlined the financial impact of the agreement, which is minimal this fiscal year. He explained that the retirement CPI adjustment was budgeted and implemented in August 2000 and the increase in bomb squad pay ($720 annual cost) will be absorbed. The 20-year retirement provision ($130,000) will be included in FY02-03 and the "reopener" cost is unknown. He said the union bargaining committee is unanimously recommending the agreement to the union membership and staff recommends approval. Responding to Council Member Garrett, Mr. Noe said the 20-year retirement provision is applicable at any age. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. M2001-100 Motion authorizing the City Manager to execute on behalf of the City a collective bargaining agreement with the Corpus Christi Police Officers Association from August 1, 2000 thru July 31, 2002, as negotiated by City and association representatives. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kiunison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal announced the executive session (Item 15), pursuant to Texas Government Code Section 551.072 regarding the purchase, exchange, lease, or value of real property in connection with acquisitions necessary for the Rincon Bayou Project. The Council went into executive session. The Council returned from executive session. Assistant City Manager Massey gave an update on the process of negotiations on the Rincon Bayou Project. In a computer presentation, he reviewed the key elements of the proposed revised agreed order: the city will restore the Rincon Overflow Channel, evaluate and (if possible) implement improved hydrology measures; the city will design, permit and construct a delivery system to transport 2,000 to 3,000 acre-feet per month of water from the Calallen Pool directly to the Upper Rincon Bayou area; and the city will design, fund and implement a long-term monitoring plan. He then showed an aerial photograph of the project area. Mr. Massey said the agreed order calls for the city to automatically implement the following measures: when the reservoir system reaches 50% of capacity, the city will initiate enhanced water conservation communications to the public; at 40% outdoor watering will be prohibited between 10 a.m. and 6 p.m.; and at 30% lawn watering will be reduced to every five days (in addition to the hourly restrictions). Also, the city's fresh water pass-through requirements would be limited to 1,200 acre-feet per month from 40% to 30% of capacity and eliminated at 30% of capacity. Minmes - Regular Council Meeting February 27,2001 Page 12 Mr. Massey also discussed the time frame of the negotiations, noting that the Nueces Estuary Advisory Council (NEAC) will be voting on this proposal on March 6, 2001 and staff will bring NEAC's recommendation to the City Council during their March 13th meeting. Then the proposal will be taken to the Texas Natural Resource Conservation Commission on either April 4th or April 18th and, if approved, the city would begin operating under the new agreed order on May 1 st. Mr. Massey also reviewed the implementation schedule for the project. Mayor Neal called for Council concerns and reports. Responding to a question from Mrs. Longoria, Mr. Garcia said that Nueces County Judge Richard Borchard was in Austin lobbying against a bill sponsored by Senator Carlos Truan to increase the membership of the Port of Corpus Christi Board. Mr. Scott asked about marina fee increases. Mr. Garcia said staff is looking at increases in a range of fees in preparation for next year's budget. Mr. Colmenero reported code violations at 4109 Bradford, including high weeds and a burned house. Mr. Longoria asked about the Frost building. Mr. Garcia replied that the lease has been signed and the construction contract will be brought before the Council at their next meeting. Ms. Cooper announced a town hall meeting on March 5th at 6 p.m. at Island Presbyterian Church, in conjunction with Council Members Scott, Garrett, and Gonzales. Ms. Cooper thanked city staff for consistently attending the town hall meetings that she holds. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 5:40 p.m. on February 27, 2001. 2 BOARD OF ADJUSTMENT - One (1) vacancy with term to 4-04-02. ~OTE: The board has a policy of requesting the appointment of the longest-serving Alternate member to a vacant position and that a new person fill the Alternate position.) COMPOSITION Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL Peter Mahaffey, Chairman 4-04-02 Thomas McDonald, Vice-Chairman 4-04-02 Robert Huegele 4-04-02 Robert Broadway 4-04-02 Louis Alvarado 4-04-02 Charles Schibi (Alternate) 4-04-02 John Martinez (Alternate) 4-04-02 8-12-97 4-14-98 1-07-97 10-10-00 4-14-98 4-I 1-00 10-10-00 * Resigned INDIVIDUALS EXPRESSING INTEREST Gene Clancy Compliance Manager/Business Unit Manager, Applied Petroleum Technologies. Attended Houston Community College, Houston, TX. Memberships include: Texas Society of Environmental Managers, Industry Council on the Enviroment and Association of Chemical Industry of Texas. (1-18-00) Herbie Garcia, Jr. President, NetReadyGo. Com, Inc. B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Cornmerce and LULAC Who's Who - Information Systems Professionals. Work experience includes: Senior Planner for the City of Houston and Manager in the Texas Governor's Office during the Richards administration. Has been a business owner since 1999. (2-13-01) 3-13-01, page 1 Gary Motl Owner, Crystal Construction. Attended West Texas State University, Texas Tech and Del Mar College. Active with the U.S. Open Windsurfing Regatta and East West Powerboat Shoot Out. (9~18-00) 3-13-01, page 2 BUILDING STANDARDS BOARD - Two (2) vacancies with three-year terms to 3-03-04 representing the following categories: I - Member at large and 1 - chosen from the following categories: realtor, architect, engineer, general contractor, home builder or building materials dealer. COMPOSITION Seven (7) members, three (3) members at large of who shall be residents of the City and home owners; one (1) shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for three-year staggered terms. Elects its own chairman. ORIGINAL AP___~P~T_~_. DATE D. Ray Jones (General Contractor), Chairman William M. McGuire (Architect) Beverly Bacak (Member at Large) Mary Esther Guerra (Attorney) Irma Sanjines (Member at Large) Leroy San Miguel (Member at Large) William Goin (Home Builder) 3-03-02 9-14-93 3-03-03 4-11-00 3-03-02 5-18-99 3-03 -02 1 - I 1-00 3-03-03 4-11-00 3-03-01 10-08-96 3-03-01 2-17-98 * Seeking reappointment ** Not seeking reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRE._~SENT_ LAST T_~ERM YEAR Leroy San Miguel (At large) 4 4 100% OTHER INDIVIDUALS EXPRESSING INTEREST Dipak V. Desai Envirormaental Manager, Port of Corpus Christi. M.S. in Petroleum Engineering and Mechanical Engineering, B.S. in Process Engineering. Member of the American Society of Petroleum Engineers, Air and Waste Management Association and Leadership Corpus Christi Alumni (Class XXV). (Engineer) (10/10/00) 3-13-01, page 3 Randy Farrar Herbie Garcia, Jr. Rudy Garza Richard Johnson James Robichaux John T. Tucker, Jr. Leslie Wemer de Soliz Ronald Wheaton 3-13-01, page 4 Home Builder. B.B.A. in Accounting, Texas A&M University.. First Vice President Builders Association of Corpus Christi. Member of Texas Association of Builders - Governmental Relations Committee. Serves as 2000 Chairman for Parade of Homes. (Home Builder) (2-16-99) President. NetReadyGo. Com, Inc. B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce and LULAC Who's Who - Information Systems Professionals. Work experience includes: Senior Planner for the City of Houston and Manager in the Texas Governor's Office during the Richards administration. Has been a business owner since 1999. (Member at large)(2-13-O1) Self-employed - Real estate. B.B.A. from Texas A&M - Corpus Christi. Member of Marketing Association of Gulf Coast. (3-08-01) (Realtor) Retired Computer Specialist, CCAD. B.S. in Education. Certified by the Department of Justice as an American Disabilities Act (ADA) consultant. (Member at Large) (3-oz-oo) Attorney/Shareholder, Matthews & Branscomb. B.B.A. and J.D., U.T. Austin. Member of C.C. Bar Association, Texas Bar Association and American Bar Association. Former adjunct professor of business law, C.C. State University. (Attorney) (9-02-99) Self-employed home builder. Active member of Builders Association Corpus Christi Area (BACCA) - Past President 1997. Voted 1999 Builder Member of the Year. (Home Builder) (11-06-00) Attorney, Self-employed. Holds a J.D., M.B.A. and B.S. Member of State Bar Association, Nueces County Bar, Coastal Bend Women Lawyers Association. Former Assistant City Attorney, City of Victoria. (Attorney) (oI-o4-oo) President, BMW Engineering, Inc. B.S. in Mechanical Engineering, Michigan State University. Licensed by Texas State Board of Professional Engineers. (Engineer) (4-19-00) c. ETHICS COMMISSION - One (I) vacancy ~vith term to 10-01-01. (Appointed by two-thirds of the full CounciO COMPOSITION Nine (9) members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. MEMBER__S TERM ORIGINAL APPTD. DATE Garry Bradford. Chairman Rev. Dr. Raymond Kiser Rev. Derrick Reaves Fred Haley J. Allen Lowe Eduardo Hinojosa Captain Craig Reynolds Irma Caballero Gloria Pemz 10-01-02 4-28-98 10-01-03 11-09-99 10-01-02 10-12-99 10-01-02 11-14-00 I 0-01-01 2-08-94 10-01-03 8-12-97 10-01-01 6-13-00 I0-01-01 7-11-00 10-01-03 11-09-99 * Resigned INDIVIDUALS EXPRESSING INTEREST Harold Frederickson Acquisition Executive, Department of Defense. B.S., Liberty University. Currently serves on Housing Authority board. (2-05-98) Herbie Garcia, Jr. President, NetReadyGo.Com, Inc. B.B.A. in MIS from Texas A&M-Corpus Christi. Member of Hispanic Chamber of Commerce and LULAC Who's Who - Information Systems Professionals. Work experience includes: Senior Planner for the City of Houston and Manager in the Texas Governor's Office during the Richards administration. Has been a business owner since 1999. (2-13-01) 3-13-01, page 5 Charles Irwin Batyah Joseph Roy Martinez Raul Torres Retired Professor of Management, Texas A&M- Corpus Christi. Ed.D., Business Administration. Served as the Campus Ethics Advisor for TAMU- CC. Volunteer activities include serving as Civic Club President and former President of Pharaoh Valley Neighborhood Association. (6-23-97) Manager, Adopt-a-Nursing Home Program. B.S. in Education, Long Island University. Member of Mayor's Council on Senior Citizen Affairs (Vice- President) and Directors of Volunteers in Agencies (DOVIA). Former member of Area Agency on Aging. (1-05-00) Letter Carrier, U.S. Postal Service. Member of American Legion, G.I. Forum, Disabled American Veterans, and National Association of Letter Carriers. Has been recognized by the Postal Service for customer service. (11-02-99) CPA, Self-Employed. Member of Texas Society of CPAs and American Management Association. (6-06-07) 3-13-01, page 6 3 AGENDA MEMORANDUM DATE: March 7, 2001 SUBJECT: Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements (Project No. 2109) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Jhabores Construction Company, Inc. for a total fee not to exceed $304,948.30 for the Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project. ISSUE: The City's on-going Minor Storm Drainage Improvement Program has identified numerous sites of severe flooding and improvements are being implemented according to the severity of flooding and availability of funds. The Storm Water Department has identified the three proposed locations as high priority locations for storm drainage improvements through this Program. Due to the proximity of the three locations it has been deemed feasible to combine them into one construction contract. FUNDING: Funds for this project are available in the FY 2000-2001 Capital Improvement Budget in the Storm Water Commercial Paper Program. RECOMMENDATION: Staff recommends approval of the motion as presented. ;~,ntendeJnt ~OF-LAngel R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tab Summary Exhibit "D' Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements (Project #2109) PRIOR COUNCIL ACTION: Au.qust 22, 2000 - Approval of the FY 2000 - 2001 Capital Operating Budget (Ordinance No. 024162). PRIOR ADMINISTRATIVE ACTION: November 11, 1999 - Small NE Agreement for basic engineering services with Govind Engineers & Consultants, Inc. in the amount of $14,400.00 for Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project. FUTURE COUNCIL ACTION: 1. None BACKGROUND INFORMATION: The three proposed locations have been identified as high priority locations for storm drainage improvements through the City's on-going Minor Storm Drainage Improvement Program. This is an annual program directed at remedying sites with inadequate drainage facilities throughout the City. The Storm Water Department has identified numerous sites and improvements are being implemented according to the severity of flooding and availability of funds. The proposed locations are under this contract are located at: Denver Avenue at Jackson Place, Denver Avenue at Ohio Avenue and Bayside/Bayridge. Due to the proximity of the three locations it has been deemed feasible to combine them into one construction contract. PROJECT DESCRIPTION: This project includes demolition/removal of existing inlets, curb and gutter, sidewalks, driveways, and pavement and new construction of 885 LF of 15" RCP Storm Sewer, 320 LF of 18" RCP Storm Sewer, 9 Storm Sewer Manholes, 1874 LF of 4" Curb and Gutter, and 1942 LF of 6" Curb and Gutter and associated inlets, sidewalks, driveways and pavement. BID INFORMATION: This project consists solely of a base bid. The City received proposals from nine (9) bidders on February 14, 2001. (See Exhibit C.) The bid range is as follows: Base Bid = $304,948.30 - $406,694.90 I EXHIBIT "A" Page 1 of 2 The Engineer's construction estimate is $325,000.00. Two of the bidders were deemed non-responsive because they failed to submit a completely executed bid bond. Additionally, one of the non-responsive bidders used an incorrect bid bond form. Although there were numerous mathematical errors in several of the bid summaries, they were corrected and Jhabores Construction Company, Inc. is the apparent Iow bidder. The City's NE Consultant, Govind Engineers and Consultants, Inc., and City Staff recommend that based on past satisfactory service a construction contract be awarded in the amount of $304,948.30 to Jhabores Construction Company, Inc. CONTRACT TERMS: The contract specifies that the project will be completed in 45 working days, with completion anticipated in May 2001. FUNDING: Funds for this project are available from the FY 2000 - 2001 Storm Water, Commercial Paper Program. ~\ENGINE£RING~DATAIV-IOME~LYNDAS~GEN~St~3~ater~2109. Da1 vet - Jackso~ -O hiolBACKGROUND.dOC EXHIBIT "A" Page 2 of 2 DENVER AVENUE AT JACKSON AND OHIO AVENUE STORM WATER IMPROVEMENTS PROJECT PROJECT BUDGET PROJECT NUMBER: 2109 March 7, 2001 FUNDS AVAILABLE: FY 2000-01 Storm Water Maintenance and Operations Budget ..................... $ FY 2000-01 Storm Water Commemial Paper Program ................................. Total Funds Available: $ AMOUNT 14,400.00 351,942.30 366,342.30 FUNDS REQUIRED: Construction (Jhabores Construction Company, Inc.) ................................. Contingencies ................................................................................... Engineering Consultant (Govind Engineers and Consultants, Inc.) .............. Inspection ........................................................................................ Reimbursements ............................................................................... Incidental Expense (Printing, Advertising, etc.) ......................................... Total Funds Required: AMOUNT $ 3O4,948.3O 30,494.00 14,400.00 12,000.00 3,000.00 1,500.00 $ 366,342.30 Exhibit "B" Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 1 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project No. 2109 Jhabores Construction Co., Inc. 4645 Adana Dr. CC, TX 78411 Third Coast General Contractor Inc. 4307 S. Port Bldng 143 Suite 106 CC, TX 78415 S. & S. Construction Company P.O. Drawer 1850 Three Rivers, TX 78071 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A-1 Demo Manhole 1 Ea. $400.00 $400.00 $550.00 $550.00 A-2 Dema Grate 8 Inlet 5 Ea. $500.00 $2,500.001 $550.00 $2,750.00 A-3 Demo Curb 8 Gutter 1,738 LF $1.75 $3,041.50 $4.50 $7,821.00 A-4 Demo Concrete Sidewalk 747 S.Y. $6.60 $4,930.20 $15.00 $11,205.00 A5 Demo Asphalt Pavement 997 S.Y. $3.00 $2,991.00 $15.00 $14,955.00 A-6 Demo Top Portion of Inlets 3 Ea. 1 $150.00 $450.00 $425.00 $1,275.00 A-7 Demo Driveways 216 S.Y. $10.00 $2,160.00 $13.50 $2,916.00 A5 18' Diameter RCP, Complete in place per L.F. 12 L.F. $35.00 $420.00 $40.00 $480.00 A-9 15' Diameter RCP, Complete in place per L.F. 783 L.F. $32.00 $25,056.00 $32.00 $25,056.00 A-10 4' Curb B Gutter, Complete in place perLF. 1,738 L.F. $11.00 $19,118.00 $12.00 $20,856.00 A-11 Concrete Sidewalk, Complete in plaw per S.F. 7,830 S.F. $3.25 $25,447.50 $2.75 $21,532.50 A-12 Asphalt Repair, Complete in place per S.Y. 997 S.Y. $47.42 $47,277.74 $21.88 $21,814.36 A-13 Inlet Tops, Complete in placeper Ea. 3 Ea. $350.00 $1,050.00 $550.00 $1,650.00 A-14 5' Std. Curb Inlet, Complete in place per Ea. 7 Ea. $14250.00 $8,750.00 $1,260.00 $8,820.00 A-15 4' Diameter MH, Complete in place per Ea. 6 Ea. $1,600.00 $9,600.00 $2,051.00 $12,306.00 A-16 Ddvewa , Com lets inplaceperS.F. 11944 S.F. $3.50 $6,804.00 $3.15 $6,123.60 A-17 Utility Allowance, Complete in place per Lump Sum MANDATORY ALLOWANCE i L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL BASE BID A: $189,995.94 I scromo.4al $194,807.001 •Frrnr i� o.-tonoinn - M1ab =hrn.n hl- hoop rnrmrmd EXHIBIT c TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 4 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project No. 2109 King -Isles, Inc. 1641 Goldston Rd CC, TX 78409 Waychoff Construction, Inc. 4920 Bear Ln CC, TX 78405 Reese Contracting Inc. P.O. Boz 8352 CC, TX 78468 DESCRIPTION UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A-1 Demo Manhole Ea. $15oo(I $150.00 $750.00 $750.00 $906.00 $906.00 A-2 Demo Grate & Inlet Ea. $12500 $625.00 $750.00 $3,750.00 $640.00 $3,200.00 A-3 Demo Curb & Gutter rl.738 LF $3.85 $6,691.30 $3.39 $5,891.82 $4.00 $6,952.00 A-4 Demo Concrete Sidewalk S.Y. $19.00 $14,193.00 $9.42 $7,036.74 $9.00 $6,723.00 A5 Demo Asphalt Pavement S.Y. $4.00 $3,988.00 $11.69 $11,654.93 $7.00 $6,979.00 A5 Demo To Portion of Inlete Ea. $400.00 $1,200.00 $500.00 $1,500.0) $410.00 $1,230.00 A-7 Demo Driveways 216 S.Y. $23.50 $5,076.00 $14.15 $3,056.40 $12.00 $2.592.00 18" Diameter RCP, Complete in lace r L.F. 12 L.F. $150.00 $1,800.00 $45.25 $543.00 $191.00 $2,292.00 15' Diameter RCP, Complete in lace r L.F. 783 L.F. $29.50 $23,098.50 $28.18 $22,064.94 - $39.00 $30,537.00 rA 4' Curb 8 Gutter, Complete in ace r L.F. 1,738 L.F. $17.50 $30,415.00 $16.16 $28,086.08 $10.00 $17,380.00 Concrete Sidewalk, Complete in lace rS.F. 7,830 S.F. $2.75 $21,532.50 $3.28 $25,682.40 $4.00 $31,320.00 Asphalt Repair, Comlets in lace per S.Y. 997 S.Y. $36.00 $35,892.00 $34.92 $34,815.24 $43.00 $42,871.00 A-13 Inlet Tops. Complete in plam perEa. 3 Ea. $450.00 $1,350.00 $750.00 $2,250.00 $790.00 $2,370.00 A-14 5' Sid. Curb Inlet, Complete in place per Ea. 7 Ea. $1,450.00 $10,150.00 $1,500.00 $10,500.00 $1,552.00 $10,864.00 A-15 4'Diameter MH, Complete in place perEa. 6 Ea. $2,350.00 $14,100.00 $1.800.00 $10,800.00 $1,900.00 $11,400.00 A-16 Driveway, Complete in plam perS.F. 1,944 S.F. $4.50 $8,748.00 $4.42 $8,592.48 $7.00 $13,608.00 A-17 Utility Allowance, Complete in place per Lump Sum MANDATORY ALLOWANCE 1 L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL BASE BID A: $189,009.30 1 $188,874.03 $201,224.00 EXHIBIT C 'FH6r In P.%tPnglnn-tnm1%shnwn hmve heen rn"! tod P,- a b 0 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 7 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Mendez Construction ns Boxtio Co., Inc. Gallagher Construction Services, Inc. Casey Brothers Construction & Paving Stone Water Improvements Project No. 2109 8641 Agnes Rt. 3 Box 61 P.O. Box 4609 CC, TX 78469 Mathis, TX 78368 CC, TX 78469 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT anhole 1 Ea. $700.00 $700.00 $840A0 $840.00 $940.00 $940.00 rate & Inlet 5 Ea. $500.00 $2,500.00 $390.00 $1,950.00 $940.00 $4,700.00 rb & Gutter VDe=T 1,738 LF $5.00 $8,690.00 $3.60 $6,256.80 $6.00 •$10,428.00 ncrete Sidewalk 747 S.Y. $6.00 $4,482.00 $9.50 $7,096.50 $2.00 $1,494.00 halt Pavement 997 S.Y. ¢1.50 $4,488.50 $7.50 $7,477.50 $640.00 •$638,080.00 Portion of Inlets 3 Ea. $450.00 $1,350.00 $685.00 $2.055.00 $300.00 $900.00 A-7 Demo Dnvmays 216 S.V. $7.00 $1,512.00 $28.00 $6,048.00 $2.20 •$475.20 RCP, Com late in ace r L.F. 12 L.F. $28.00 •$336.00 $90.00 $1,080.00 $36.00 $432.00 meter RCP, Com lete in lace L.F. 783 L.F. $21.00 $16,443.00 $46.00 $36,018.00 $28.20 522,080.60 V18'Dla"Iermeter &Guder, Com lete in lace rL.F. 1,738 L.F. $10.00 $17,380.00 $10.00 $17,380.00 $10.00 •517,380.00 te Sidewalk, Com lete in lace r S.F. 7,830 S.F. $3.50 $27,405.00 $3.00 $2349000 $310 $24,273.00 Re ir, Com late in lace r S.Y. 997 S.Y. $45.00 $44,865.00 $38.00 $37,886.00 534.80 $34,695.60 neo s, Com lete in place perEa. 3 Ea. $600.00 $1,800.00 51,100.00 53,300.00 $800.00 $2,40000 A-14 5' Std. Curb Inlet, Complete in place per Ea. 7 Ea. $2,700.00 $18,900.00 52.675.00 578,725.00 57,800.00 572,600.00 A-15 4' Diameter MH, Complete in place per Ea. 6 Ea. $3,100.00 $18,600.00 $2,970.00 $17,820.00 $2,430.00 574,580.00 A-16 Driveway, Complete in place perS.F. 1,944 S.F. $5.00 $9,720.00 $4.60 $8,942.40 $3.65 •57,095.60 Utility Allowance, Complete in place per Lump Sum A-17 MANDATORY ALLOWANCE) 1 L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL BASE BID A: 1 3189169.50 $200,365.20 •$502,554.00 rtnr in ext>nsion -totals shown hav? Ween rnrtnMn4 EXHIBIT C TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 2 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project No. 2109 Jhabores Construction Go., Inc. 4645 Arlene Dr. CC, TX 78411 Third Coast General Contractor Inc. 4307 S. Port Biting 143 Suite 106 CC, TX 78415 S. & S. Construction Company P.O. Drawer 1850 Three Rivers, TX 78071 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID A: $169,995.94 $170,110.48 $194,887.00 B-1 Dena Header Curb I Curb & Gutter 1714 L.F. $1.75 $2,999.50 $4.25 $7,284.50 B-2 B-3 B4 Demo Driveways Demo Top Portion of Inlets Demo Asphalt Pavement 1456 3 865 S.F. Ea. S. Y. $1.11 $150.00 $3.00 $1,616.16 $450.00 $2,595.00 $1.50 $425.00 $15.00 $2,184.00 $1,275.00 $12,975.00 B-5 Dena Concrete Sidewalk 92 S. Y. $6.60 $607.20 $15.00 $1,380.00 B-6 15' Diameter RCP, Complete in place per L.F. 73 L.F. $32.00 $2,336.00 $28.77 $2,100.21 B-7 6' Curb & Gutter, Com lets in place per L.F. 1714 L.F. $12.50 $21,425.00 $9.95 $17,054.30 B-8 Inlet Tops, Complete in place PerEa. 3 Ea. $350.00 $1,050.00 $550.00 $1,650.00 B-9 Asphalt Repair, Complete in Place per S.Y. 865 S. Y. $40.00 $34,600.00 $32.00 $27,680.00 B-10 Concrete Sidewalk, Complete in place perS.F. 907 S.F. $3.25 $2,947.75 $2.55 $2,312.85 B-11 4' Diameter MH, Complete in place per Ea. 1 Ea. $1,600.00 $1,600.00 $2,051.00 $2,051.00 8-12 5' Std. Curb Inlet, Com late in plaoe per Ea. 2 Ea. $1,250.00 $2.500.00 $1,260.00 $2,520.00 BAA Utility Allowance, Complete in place per Lump Sum MANDATORY ALLOWANCE 1 L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 B-14 Dnvewa , Complete in place per S.F. 1748 S.F. $3.50 $6,118.00 $3.15 $5,506.20 TOTAL BASE BID B: $90,844.61 $95,973.08 1 $81,345.00 EXHIBIT C •Error in extension - totals shown have been mnecW Page 4 of 9 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 5 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project No. 2109 King -Isles, Inc. 1641 Goldston Rd CC, TX 78409 Waychoff Construction, Inc. 4920 Bear Ln CC, TX 78405 Reese Contracting Inc. P.O. Box 8352 CC, TX 78468 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID A: $189,009.30 $186,974.03 $201,224.00 B-1 Demo Header Curb / Curb 8 Gutter 1714 L.F1 $4.10 $7,027.40 $3.84 $6,581.76 $4.00 $6,856.00 B-2 Demo Dnveways 1456 S.F. $3.90 $5,678.40 $2.65 $3,858.40 $2.00 $2,912.00 B-3 Dene Top Portion of Inlets 3 Ea. $400.00 $1,200.00 $500.00 $1,500.00 $410.00 $1,230.00 B-4 Dena Asphalt Pavement 8651 S. Y. $5.15 $4,454.75 $10.111 $8,745.15 $7.00 $6,055.00 B-5 Demo Concrete Sidewalk 92 S. Y. $23.50 $2,162.00 $14.15 $1,301.80 $9.00 $828.00 B-6 15" Diameter RCP, Complete in place per L.F. 73 L.F. $50.00 $3,650.00 $40.67 $2,968.91 $39.00 $2,847.00 B-7 6" Curb B Gutter, Com lets in place perL.F. 1714 L.F. $15.00 $25,710.00 $17.20 $29,480.80 $12.00 $20,568.00 B-8 Inlet Tops, Complete in place perEa. 3 Ea. $450.00 $1,350.00 $750.00 $2,250.00 $790.00 $2,370.00 B-9 Asphalt Repair, Complete in pLace per S.Y. 865 S. Y. $33.00 $28,545.00 $31.77 $27,481.05 $43.00 $37,195.00 B-10 Concrete Sidewalk, Complete in place perS.F. 907 S.F. $4.75 $4,308.25 $3.14 $2,847.98 $6.00 $5,442.00 B-11 4'Diameter MH, Complete in lace perEa. 1 Ea. 1 $2,500.00 $2,500.00 $1,800.00 $1,800.00 $2,500.00 $2,500.00 B-12 5' Std. Curb Inlet, Complete in place per Ea. 2 Ea. $1,450.00 $2,900.00 $1,500.00 $3,000.00 $11550.00 $3,100.00 B-13 Utility Allowance, Complete in place per Lump Sum MANDATORY ALLOWANCE 1 L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 B-14 Dnvewa , Complete in place per S.F. 1748 S.F. $5.25 $9,177.00 $3.05 $5,331.40 $7.00 $12,236.00 TOTAL BASE BID B: 108 982.80 5107147.26 $114139.00 •F"r in nxtensinn - totals shn%un have hnnn rnrrnt nd EXMBITC TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 8 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 EXHIBIT C 'F"r in P,fnnslnn - tntals 111I11"m hn,. hnnn nn"MPd Mendez Construction Co.,lnc. Gallagher Construction Services, Inc. g Casey Brothers Construction & Paving Denver Avenue at Jackson and Ohio Avenue P.O. Box E R 3 Box 61 P.O. Box 4609 Storm Water Improvements 8641 Agnes Mathis, TX 78368 CC, TX 78469 Project No. 2109 CC, TX 78469 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID A: '$189,189.50 $206,36520 '$802,554.00 B-1 Demo Header Curb / Curb & Gutter 1714 L.F. $5.00 $8,570.00 $4.30 $7,370.20 $6,00 $10,284.00 1456 S.F. $7.00 $10,192.00 $12.50 $18,200.00 $2.00 $2,912.00 B-2 Demo Driveways B-3 Demo Top Portion of Inlets 3 Ea. $450.00 $1,350.00 $685.00 $2,055.00 $300.00 $900.00 B-4 Demo Asphalt Pavement 865 S. Y. $4.50 $3,892.50 $8.60 $7,439.00 $6.40 $5,536.00 B-5 Demo Concrete Sidewalk 92 S. Y. $6.00 $552.00 $1000 $920.00 $2.00 $184.00 B-6 15' Diameter RCP, Complete in plam per L.F. 73 L.F. $25.00 $1,825.00 $63.00 $4,599.00 $30.15 $2,200.95 6-7 6' Curb & Gutter, Complete in place perL.F. 1714 L.F. $15.00 $25.710.00 $12.00 $20,568.00 $10.60 $18,168.40 " Inlet Tops, Complete in place per Ea. 3 Ea. $600.00 $1,800.00 $1,10000 $3,300.00 $800.00 $2,400.00 B-9 Asphalt Repair, Complete in place per S.Y. 865 S. Y. $45.00 $38,925.00 $40.00 $34,600.00 $33.50 $28,977.50 B-10 Concrete Sidewalk, Complete in place perS.F. 907 S.F. $3.50 $3,174.50 $3.00 $2,721.00 $3.10 $2.811.70 B-11 4' Diameter MH, Complete in place per Ea. 1 Ea. $3,100.00 $3,100.00 $3,200.00 $3,200.00 $2,140.00 $2,140.00 Curb Inlet, Com late in lace r Ea. 2 Ea. $2,700.00 $5,400.00 $2,800.00 $5,600.00 $1,830.00 $3,66000 Utility Allowance, Complete in place per Lump Sum $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00$10,000.00 MANDATORY ALLOWANCE 1 L.S. E125'Std. Driveway, Complete in lace r S.F. 1748 S.F. $5.00 $8,740.00 $4.80 $8,040.80 $3.85 $8,380.20 TOTAL BASE BID B: $123,231.001 1 $128,613.00 1 $96,554.75 EXHIBIT C 'F"r in P,fnnslnn - tntals 111I11"m hn,. hnnn nn"MPd TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 3 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Stone Water Improvements Project No. 2109 Jhabores Construction Co., Inc. 4645 Arlene Dr. CC, TX 78411 Third Coast General Contractor Inc. 4307 S. Port Biding 143 Suite 106 CC, TX 78415 S. & S. Construction Company P.O. Drawer 1850 Three Rivers, TX 78071 DESCRIPTION CITY. UNIT UNITPRICE AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT C-1 TOTAL BASE BID A + B: Demo Curb 8 Gutter 171 L.F. $1.75 $280,840.555288,083.52 $299.25 $4.50 $769.50 $276,232.00 C-2 Demo Catch Basin 1 Ea. $500.00 $500.00 $580.00 $580.00 C-3 Dem Asphalt Pavement 200 S.V. $3.00 $600.00 $15.00 $3,000.00 C4 Demo Lop Portion of Inlets 3 Ea. $1.50 '$4.50 $425.00 $1,275.00 C5 4" Curb 8 Gutter, Complete in dam perL.F. 136 L.F. $11.00 $1,49630 $860 $1,169.60 C-6 As hall Repair, Complete in Place per S.V. 200 S.Y. $40.001 $8,000.00 $32.00 $6,400.00 C-7 Inlet Tops, Complete in place per Ea. 3 Ea. $350.00 $1,050.00 $550.00 $1,650.00 C-8 6' Throat Ext., Complete in place 2er Ea. 3 Ea. $750.00 $2,250.00 $685.00 $2,055.00 C-9 4' Diameter MH, Com tete in place per Ea. 2 Ea. $1,600.00 $3,200.00 $2,051.00 $4,102.00 C-10 5' Std. Curb Inlet, Complete in ace per Ea. 4 Ea. $1,250.00 $5,000.00 $1,260.00 $5,040.00 C-11 15" Diameter RCP, Complete in elace per L.F. 29 L.F. $32.00 $928.00 $28.77 $834.33 C-12 18"Diameter RCP, Complete in place perL.F. 308 L.F. $35.00 $10,780.00 $40.00 $12,320.00 C-13 Utility Allowance, Complete in place per Lump Sum MANDATORY ALLOWANCEI 1 L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL BASE BID C: GRAND TOTAL BID (A + B + C) 'S44,107.75 '$304,948.30 $49,195.43 $315,278.95 $39,082.00 $315,314.00 •Emir In o.mn�inn - Infill e1,11 -m h+1a hcen "I.o,-Md EXW8ITC TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 6 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements Project No. 2109 King -Isles, Inc. 1641 Goldston Rd CC, TX 78409 Waychoff Construction, Inc. 4920 Bear Ln CC, TX 78405 Reese Contracting Inc. P.O. Box 8352 CC, TX 78468 DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID A+ B: '$297,872.10 $294,121.28 $315,383.00 CA Demo Curb & Gutter 171 L.F. $5.40 $923.40 $7.35 $1,256.85 $4.00 $684.00 C-2 G3 Demo Catch Basin 1 Ea. Demo Asphalt Pavement 200 S.Y. $150.00 $3.00 $150.00 $600.00 $750.00 $9.86 $750.00 $1,972.00 $700.00 $700,00 $700 $1,400.00 C4 Dern To Portion of Inlets 3 Ea. $400.00 $1,200.00 $500.00 $1,500.00 $409.00 $1,227.00 C-5 4" Curb & Gutter, Complete in lace r LF, 136 L.F. $17.50 $2,380.00 $18.10 $2,189.60 $10.00 $1,360.00 C-6 Asphalt Repair, Complete in Place per S.Y. 200 S.Y. $36.00 $7,200.00 $59.50 $11,900.00 $43.00 $8,600.00 C-7 Inlet Tops, Complete in place per Ea. 3 Ea. $450.00 $1,350.00 $750.00 $2,250.00 $790.00 $2,370.00 CA 8' Throat Ext., Complete in Pace per Ea. 3 Ea. $600.00 $1,800.00 $800.11 $2,400.33 $660.00 $1,980.00 C-9 4' Diameter MH, Complete in place per Ea. 2 Ea. $2,350.00 $4,700.00 $1,800.00 $3,600.00 $1,900.00 $3,800.00 610 5' Std. Curb Inlet, Complete in place per Ea. 4 Ea. $1,400.00 $5,600.00 $1,500.00 $6,000.00 $1,550.00 $6,200.00 C-11 15" Diameter RCP, Complete in place perL.F. 29 L.F. $55.00 $1,595.00 $41.18 $1,194.22 $53.00 $1,537.00 C-12 18" Diameter RCP, Complete in place perL.F. 308 L.F. $33.50 $10,318.00 $41.83 $12,883.64 $46.00 $14,168.00 C-13 Utility Allowance, Complete in place per Lump Sum MANDATORY ALLOWANCE 1 L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL BASE BID C: $47,816.40 $57,896.64 $54,026.00 GRAND TOTAL BID (A+B+C)LL '$345,488.50 1 $352,017.921 $369,389.00 EXHIBIT 6 -F( r in PHPn5inn - tninls 51n" lhPVP hPPn rnn-MPH TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 9 of 9 TABULATED BY: Ron Guzman, P.E., Govind and Associates, Inc. DATE: Thursday, February 22, 2001 TIME OF COMPLETION: 60 WORKING DAYS ENGINEER'S ESTIMATE: $325,000 Denver Avenue at Jackson and Ohio Avenue Storm Water Improvements p Project No. 2109 Mendez Construction Co.,lnc. P.O. Box E 8641 Agnes CC, TX 78469 Gallagher Construction Services, Inc. Rt. 3 Box 61 Mathis, TX 78368 Casey Brothers Construction &Paving P.O. Box 4609 CC, TX 78469 DESCRIPTION OTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT TOTAL BASE BID A+ B: •$312,400.50 $334,978.20 •$899,108.75 C-1 Demo Curb 8 Gutter 171 L.F. $6.00 $1,026.001 $4.50 $769.50 $600 $1,02600 C-2 Demo Catch Basin 1 Ea. $3,700.00 $3,700.00 $400.00 $400.00 $1,200.00 $1,200.00 C-3 Demo Asphalt Pavement 200 S.Y. $5.00 $1,000.00 $14.00 $2,800.00 $6.40 $1,280.00 C-4 Demo Top Portion of Inlets 3 Ea. $450.00 $1,350.00 $700.00 $2,100.00 $300001 $900.00 C-5 4" Curb B Gutter, Complete in place perL.F. 136 L.F. $10.00 $1,360.00 $9.70 $1,319.20 $14.00 $1,904.00 C-6 Asphalt Repair, Complete in Place per S.Y. 200 S.Y. $45.00 $9,000.00 $55.00 $11,000.00 $43.50 $8,700.00 C-7 Inlet Tops, Complete in place perEa, 3 Ea. $600.00 $1,800.00 $1,100.00 $3,300.00 $800.00 $2,400.00 CA 6' Throat Ext., Complete in place per Ea. 3 Ea. $4,800.00 $14,400.00 $972.00 $2.916.00 $2,200.00 $6,600.00 C-9 4' Diameter MH, Complete in place per Ea. 2 Ea. $3,100.00 $8,270.00 $3,100.00 $6,200.00 $2,500.00 $5,000.00 C-10 5' Std. Curb Inlet, Complete in place per Ea. 4 Ea. $2,700.00 $10,800.00 $2,760.00 $11,040.00 $2,270.00 $8,800.00 C-11 15' Diameter RCP, Complete in place per L.F. 29 L.F. $28.00 $812.00 $48.00 $1,392.00 $29.00 $841.00 C-12 18" Diameter RCP, Complete in place per L.F. 308 L.F. $30.00 $9,240.00 $60.00 $18,480.00 $31.00 $9,548.00 C-13 Utility Allowance, Complete in place per Lump Sum MANDATORY ALLOWANCE) 1 L.S. $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 TOTAL BASE BID C: $70,688.001 $71,716.70 $58,199.00 GRAND TOTAL BID (A + B + C) 1 •$383,088.50 $406,694.90 •$957,307.75 'Error in extension - fntals sh"n have heen cnnn d EX MBIT C P,-0of9 \ Mproject \ councilexhibits \ exh2109.dwg NUECES BAY N Ohlo Avenue Denver Avenue at Jackson Bayside / Bayrldge CORPUS CHRISTI BAY CAYO DEL OSO NAS Fa 2444 Project No. 2109 LOCATION IVIAP NOT TO SCALE Denver Ave. at Jackson and Ohlo Avenue Storm Water Improvements City of Corpus Christi. Texas EXHIBIT "D" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERWCES PAGE: I of 1 DATE: 03-08-2001 4 CITY COUNCIL AGENDA MEMORANDUM March 6, 2001 SUBJECT: Pre-Planning for Post-Hurricane/Disaster Recovery Operations AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc. in an amount not to exceed $20,000 for Pro-Planning for Post-Hurricane/Disaster Recovery Operations for the 2000 Hurricane Season. ISSUE: Several actions must be completed each year to maintain pre-position recovery contracts to minimize recovery time and expenses as a result of post hurricane/disaster recovery operations. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Wastewat~' Superin~ndent__ rintendent awrence ~ Director - Solid Waste Services ,~'Angel R. Escobar, P.E. Director of Engineering Services BarbaraStover, P.E. Director of Street Services Attachments: Exhibit A - Additional Information Exhibit B - Contract Summary H:\HOME\KEVINS\GEN\H URRICAN\01MGMT~AEAM D5.M ADDITIONAL INFORMATION BACKGROUND: In order to expedite post-hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue normal operations while mobilizing all available resources to conduct an effective and efficient disaster recovery operation. Therefore, it was found to be to the City's advantage to identify, contract and pre-position the contract services that will be required to undertake recovery efforts. This resulted in several pre-positioned contracts being in place for the 1998 and 1999 hurricane seasons. Various pre-positioned recovery and damage assessment contracts were activated in 1999 as a result of Hurricane Bret. While the City suffered only limited damage, the recovery actions were well coordinated. The pre-positioned contracts functioned as intended and there was satisfaction with the contractors' responsiveness and the speed of recovery. PRIOR COUNCIL ACTIONS: n 2~ - Motion authorizing staff to waive the 75% local participation rule in soliciting professional services required for pre-planning post-hurricane recovery operations (M97-176). ~ - Authorization for City Manager or his representative to sign a contract with Shiner, Moseley and Associates, inc. in the amount of $96,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations (M97-223). ~ - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $71,000 for Pre-Planning for Post-Hurricane/Disaster Recovery Operations (M98-016). ~ - Motion authorizing the City Manager to execute Amendment No. 3 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations for 1999 (M99-039). F b a_~22 2000 - Motion authorizing the City Manager to execute Amendment No. 4 to the Contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc., in an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery Operations for 2000 (M2000-058). PRIOR ADMINISTRATIVE ACTIONS: Janua lry._~_~5 1998 -Approval to ratify additional services in the amount of $10,000 to complete Phase I Services for Pta-Planning for Post Hurricane/Disaster Recovery Operations with Shiner, Moseley and Associates, Inc. CONSULTANT: Shiner, Moseley and Associates, Inc., successfully completed the Pre- Planning for the original contract and the 1998 through 2000 Hurricane Seasons. I EXHIBITA I Page I of 2 H:\HOME~KEVINS\GEN\H U RRICAN\0OMG MT~AEAMD4B K.EXA CONTRACT: The original contract provided for the development of a refined scope and approach to be used in the establishment pro-positioned contracts. That contract provided for a future phase to implement first year preparedness services including the pre- positioned contracts and annual contract management services associated with hurricane/disaster preparedness. Annual management services was to be addressed through amendments for each hurricane season. Amendment No. 5 will activate Year 4 (2001) Contract Management Services upon approval by Council. Contract Management services to be completed as a result of the amendment include: 1. review contract documents and procedures to assure compliance with current Federal Emergency Management Agency (FEMA) requirements; 2. recommend any modifications to contracts, procedure, or forms to facilitate FEMA reimbursement of recovery operations; 3. review Damage Assessment Team (DAT) availability, capabilities, and responsibilities; 4. prepare and conduct a one (1) day Damage Assessment Team (DAT)training course prior to June 1,2001; 5. review contractor availability, capabilities, and responsibilities; 6. prepare and coordinate contractor(s) participation in the City's annual hurricane preparedness exercise; and 7. participation in the preparedness exercise. A complete list of services is provided in the Contract Summary. See Exhibit B. FEE: Contract Management for Years 2 through 5 was to be based on a fee of $28,000 for Year 2 (1999) with an adjustment for Years 3 through 5 based on the ~ews Record inflation rate. Review of the required services resulted in a mutual agraement that the fee for Year 4 Contract Management services would be reduced to $20,000. ALTERNATIVES: Maintenance of pre-positioning contracts is the only viable method of minimizing recovery time and assuring maximum recovery of expenditures from FEMA and other reimbursements. FUNDING: Funding for the Engineering and Consulting contract is available from the Street ($6,000), Solid Waste ($6,000), Wastewater ($4,000), and Water ($4,000) Departments' annual operating budgets. The cost of the contract was allocated based upon an estimate of the benefit that would accrue to the Departments. Activation (Hurricane Approach Preparations) and Recovery Operations would be authorized as an amendment only in the event of a hurricane or other disaster with the fee being provided at that time. IMPLEMENTATION SCHEDULE: The implementation schedule provides for the re- certification of all pro-positioned contracts, all training sessions/exercises, and other tasks for the 2001 Hurricane Season to be complete by June 1, 2001. RECOMMENDATION: Approval of the motion as presented. I EXHIBITA I H:\HOME\KEVINS\GEN\HURRICAN~00MGMT~AEAMD4BK.EXA Page 2 of 2 AMENDMENT SUMMARY Additional Services, as outlined in the original contract, Section II B. is hereby amended by adding the following to read: Additional Services Contract Manaaement - Year 4 (2001) Hurricane Season Imolementation. The Engineer will complete the follow tasks in the accomplishment of the contract management scope for 2001: a. review contract documents and procedures to assure compliance with current Federal Emergency Management Agency (FEMA) requirements prior to Mamh 15, 2001; b. recommend any modifications to contracts, procedure, or forms to facilitate FEMA reimbursement of recovery operations; c. review Damage Assessment Team (DAT) availability, capabilities, and responsibilities; d. prepare and conduct a one (1) day Damage Assessment Team (DAT) training course prior to June 1, 2001; e. evaluate the training course; f. recommend possible improvements and modifications to the DAT training course; g. submit a letter report of the training session evaluation with a list of certified DATs to the City Engineer; h. review contractor availability, capabilities, and responsibilities; i. prepare and coordinate contractor(s) participation in the City's annual hurricane preparedness exercise; j. participate in the preparedness exercise; k. review and evaluate the contract management center plan, operational procedures; communications with other elements of the exercise as it relates to contractors; I. recommend possible improvements and modifications to the contract management center plan, procedures, communications and other elements; and m. submit a letter report summarizing observations and recommendations concerning the exercise and the contractors participation. Summar f of Fees: Tasks I Description I Fee PHASE I - BASIC SERVICES-CONTRACT DEVELOPMENT A1-10 Original Contract $96,000 Al1-16 Amendment No. 1 $10,000 PHASE I SUBTOTAL $106,000 PHASE II - ADDITIONAL SERViCES-MANAGEMENT SERVICES (Amendment No. 2) B1 Contract Management/1998 Hurricane Season $71,000 B2 Contract Management - Years Two through Five (1999-2002) To be Negotiated B3 Activation - Hurricane Approach Preparations Subject to Activation B4 Post-Hurricane/Disaster Recovery Operations Subject to Activation PHASE II - SUBTOTAL $71,000 Exhibit Page I of PHASE Ill - ADDITIONAL SERVICES-CONTRACT MANAGMENT (Amendment No. 3) B5 Contract Management- Year 2 (1999) Hurricane Season $20,000 Implementation PHASE III ~ SUBTOTAL $20,000 PHASE III - ADDITIONAL SERVICES-CONTRACT MANAGEMENT (Amendment No. 4) B5 Contract Management - Year 3 (2000) Hurricane Season $20,000 Implementation PHASE III - SUBTOTAL $20,000 PHASE III - ADDITIONAL SERVICES-CONTRACT MANAGEMENT (Amendment No. 4) B5 Contract Management - Year 3 (2000) Hurricane Season $20,000 Implementation PHASE Ill - SUBTOTAL $20,000 TOTAL $237,000 Exhibit B Page 2 of 2 5 CITY COUNCIL AGENDA MEMORANDUM DATE: March 05, 2001 SUBJECT: Parking Restrictions on West Broadway Street AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic, Article VIII - Schedules, Section 53-252, Schedule III - Parking Prohibited at All Times on Certain Streets, by prohibiting roadside parking at all times on both sides of West Broadway Street between Padre Street and Sam Rankin Street. ISSUE: The City's Traffic Engineering and Police Departments, in conjunction with Concrete Street Amphitheater officials as part of the overall traffic control planning process for amphitheater concerts, have determined the need to restrict curbside parking at all times on West Broadway Street to minimize traffic congestion and traffic hazards on this street. REQUIRED COUNCIL ACTION: Roadside parking restrictions for distances exceeding a continuous distance of 1,500-feet require City Council approval. RECOMMENDATION: Approval of the ordinance as submitted. 'Angel R. Escobar, P.E. ' Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Background Information Exhibit 1 - Amphitheater Area Site Plan Exhibit 2 - Proposed West Broadway Parking Restriction AgMemWestBroadwayNPA,201 (Parking Restriction on West Broadway, Page I of 2) AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Traffic Engineering and Police Departments have developed , in conjunction with the Concrete Street Amphitheater management, a comprehensive traffic control plan for concerts held at the amphitheater. The amphitheater is bounded by No. Tancahua Street, Padre Street (IH 37 North Access Road), West Broadway, and the Broadway Wastewater Treatment Plant (Exhibit 1). Integral to the traffic control plan is the need to prevent roadside parking along both sides of West Broadway between West Broadway and Sam Rankin Streets (Exhibit 2). Although a narrow street, West Broadway is one of the key exit routes in the City's traffic control plan, and the proposed parking restriction is needed to eliminate the potential for conflicts with roadside parking and the traffic exiting from the event site to Interstate 37 following the amphitheater events. Parked vehicles on West Broadway would also limit traffic to one lane of travel and would also inter[ere with emergency vehicle responses on this street. In the absence of a parking restriction on West Broadway, vehicles are certain to be parked along both sides of Broadway. Impact of Parking Restriction on Abuttin.q Properties: The proposed parking restriction is certain to have no appreciable negative impact on abutting properties. a) The east (amphitheater) side of West Broadway has no development and is comprised only of a continuous Missouri-Pacific railroad track extending north from Padre Street. b) The west side of West Broadway has a mixture of development, none of which have shown to have ever generated any parking demand on West Broadway. These developments consists of some abandoned warehouses, an active business (Heeton Cotton) which has an off-street parking lot, Cabra Park which has parking access from other bounding streets, an apartment complex which has a fenced off-street parking lot, and several vacant lots. Justification for a Full-Time Parkinq Restriction: Because no roadside parking has ever been observed on West Broadway, Staff acknowledges that the only roadside parking that would occur on this street would be from traffic generated to amphitheater events. However, although most amphitheater events would take place between the hours of 5:00 PM and midnight, and only an average of 10 events per month, a full-time (signed) parking restriction would eliminate the need for a more costly installation of parking restriction signs if the restrictions were implemented only for amphitheater events. The parking restriction would be supplemented with a "tow-way Zone" regulation. Review by City's Transportation Advisory Committee: In its January, 2001 meeting, the Transportation Advisory Committee gave its unanimous approval for the proposed parking restriction on West Broadway. (Parking Restriction on West Broadway, Page 2 of 2) NORTHQ &AM F~NKIN EXHIBIT 1 SUBJECT: SITE MAP FOR AMPHITHEATER CONCERTS Traffic Engir. c.c..'tng Div. Engineering Servloee Dept. PROPOSED "NO PARKING ANYTIME" RESTRICTIONS AMPHITHEATER LEOPARD ST. BUFFALO ST. ANTELOPE ST. z LEOPARD ST. SITE MAP Traffic Engineering DIv. Engineering 8ervIoee Dept. 1 Page 1 of 3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 53 ~ TRAFFIC, ARTICLE VIII. SCHEDULES, SECTION 53-252. SCHEDULE Ill-PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY PROHIBITING ROADSIDE PARKING AT ALL TIMES ON BOTH SIDES OF WEST BROADWAY STREET BETWEEN PADRE STREET AND SAM RANKIN STREET; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the City Code of Ordinances, Chapter 53 - Traffic, ARTICLE VIII. SCHEDULES, Section 53-252. SCHEDULE Ill-PARKiNG PROHIBITED ATALL TIMES ON CERTAIN STREETS, is amended by adding a part of West Broadway Street to read as follows: "West Broadway Street, both sides, between Padre Street (Interstate 37 North Access Road) and Sam Rankin Street." SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 3. A violation of this ordinance may result in a citation being issued and a fine being assessed. H:~EG.DIR~IO EMI~DDC U RTl S~IYDOCS~2001~.O R DNA NCS~TRAFFIC\IWAY S~3'~loParkingWestl~roa~way.wpd Page 2 of 3 SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 13th day of March, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Legal form approved March 7, 2001 James ~,,~Bray, Jr., City ~t~orney ! Doyle ~. Curtis Senior Assistant City ^ttorney Samuel L. Neal, Jr., Mayor H:~LEG-DIR~NO EMI~DDCU RTIS~MY DO C S~.001\O RD NANC S;TRAF FIC~IWAYSTRT~N°ParkingweatBma~way.wpd 6 AGENDA MEMORANDUM February 24, 2001 AGENDAITEM: Ordinance authorizing the City Manager to execute a Participation Agreement with So-San Corporation, a Texas Corporation for public street imprevements on Oso Parkway of which the City's share of costs must not exceed $41,584.55 for said improvements; and declaring an emergency, ISSUE: So-San Corporation, the developer of Victoria Park Unit 5 Subdivision, was required to complete the construction of public improvements for plat recordation and is requesting compensation as proposed by the attached Participation Agreement (Exhibit D) for the extension and construction of Oso Parkway adjacent to a dedicated park. Reimbureement to So-San Corporetion will only be made upon City acceptance of the completed public improvements. FUNDING: Funds are available from the General Fund pending the sale of Street Bond funds to be issued March 20, 2001 for the City's share of New Subdivision Street Construction. RECOMMENDATION: Staff recommends approval of the Ordinance as presented and the encumbrance of $41,584.55 from the Street Capital Projects Fund for disbursement upon final completion and acceptance of the improvements by theCity. Angel R. Escobar, P.E. Director of Engineering Services ATTACHMENTS: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Location Map Construction Cost Estimate Participation Agreement Ordinance AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Development Back_uround: So-San Corporation, the owner and developer of the subdivision known as Victoria Park Unit 5, had a plat approved by the Planning Commission on January 17, 2001 which will dedicate Lot 2, Block 17 as a parkland area. The subdivision plat will be recorded in the Map Records of Nueces County, Texas, upon receipt of the Owner's Affidavit and subsequent determination that public improvements are 75% complete. The park pamel will be bounded on the north by the easterly extension of Dso Parkway, construction of the street to be accomplished after approval of plans. The proposed extension of Dso Parkway adjacent to the parkland to be dedicated is shown on Exhibit B, Location Map. Although parkland dedication requirements were satisfied for the Victoria Park Subdivision when the last parcel of Unit 4 was constructed, when the Unit 5 development was being proposed in 1997 City Staff determined that the Dso Parkway Plan calls for parkland in excess of what is required by Platting Ordinance and a decision was made to accept the developer's offering of this parcel as parkland through dedication. This would enable the City to continue the policy of minimum development on property between Dso Parkway and Dso Creek in future development issues. The park parcel location is consistent with and implements that section of the Dso Parkway Area Development Plan (ADP) along with the extension of Dso Parkway. The developer did not follow through with his plan to build Unit 5 in 1997 and placed the development on hold until recently when it was reactivated for construction.. As provided for under Section IV, G, 2, j of the Platting Ordinance, as amended, the City must'bear its portion of the cost of curbs, gutters, sidewalks, and paving of streets bounded the subdivision park. The Engineer's preliminary cost estimate for construction of the City portion of the project is shown at ExhibitC. The City's share of costs must not exceed $41,584.55 for the street construction. Exhibit A Page 1 of 2 The Effect of Recent Amendments to the Platting Ordinance. A long standing practice of committing the City to public improvement infrastructure costs for new developments via approval of a plat and construction plans was discontinued by the passing of Ordinance Number 24338 on January 16, 2001. The approved process which is consistent with the City Charter requires certification of funds and City Council approval allocating such funds for a project prior to approval of plans and initiation of construction. The construction plans for Victoria Park Unit 5 Subdivision had expired six months after their approval in September 1997 because the developer failed to initiate construction as required. The plans have been revised due to resizing of lots and because infrastructure changes have been required. The plans are ready for approval by the City Engineer, however, cannot be approved until the City's costs for participation in the street construction are authorized and appropriated by Council. The City's funds for participation in New Subdivision Street Construction come from the Street Capital Projects Fund, derived from the sale of street bonds. Pending the sale of bends to be issued March 20, 2001, the unreserved fund balance of the General Fund No. 1020 will be used for this appropriation. The City's Engineering Department has appdsed the developer that if he proceeds without City Council approval, it will be with the understanding that they asssume total responsibility for project costs. C~~: All work must be complete, have been inspected and accepted by the City before reimbursement to So-San will be made. Exhibit A Page 2 of 2 LOT 21 SITE LOT I 5 LOT 25 LOT 25 AREA MAP PLAN STA 6+44.9 I'-X /I FOR 1/20SO PARKWA Y, LOCA EON MAP Sca/e: nome Dept. of Eng/neer/ng Serv/ce$ GIlT PARK PARllCIPA llON EXHIBIT B Sheet I of ! VICTORIA PARK UN/T 5 PARK PAVEMENT PARTICIPATION OSO PARKWAY VICTORIA PARK UNIT 5 SUBDIVISION CONSTRUCTION COST ESTIMATE DESCRIPTION QUAN. UNIT I UNIT TOTAL ITEM [ +8%, PRICE COST CREDiTIREIMBUFmF:IUlENTS: PARK PAVF_Mi=NT PARTICIPATION ITEMS (644.91'): 1 Clear and Grub & Waste Cleanup 0.62 AC $1,000.00 $620.00 2 r=Y~-~vation & Fill within Street R.O.W. 930.00 ICY $1.70 $1,581.00 3 10" Lime Sta~!i~,~ Sub~rade 1580.00 SY $3.50 $5,530.00 4 8" Cement Stabilized Caliche Base 1355.00 SY $5.60 $7,588.00 5 2" HMAC w/Pdme Coat 1355.00 SY ! $5.80 $7,859.00 6 8" 'L' Curb 677.00 i LF ' $6.90 $4,671.30 7 !8' Concrete Bike Path 5417.00 SF i $2.00 $10,834.00 PARK SUB-TOTAL: $38,683.30 Engineering Fee ~ 7.5%1 $2,901.25 Reimbumement Total $41,584.55 I i January 31, 2001 EXHIBIT C PARTICIPATION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES THIS AGREEMENT is entered into between the City of Corpus Christi (City), a Texas Home Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Nueces County, Texas and So-San Corporation (Developer), a Texas Corporation, 640 Trillium Drive, Kitchener Ontario, Canada N2H6M3 WHEREAS, Developer has proposed a residential subdivision known as Victoria Park Unit 5, a 17.30 acre Iract of land out of Lots 25, 26 and 27, Section 27, Flour Bluff and En¢inal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas; and WHEREAS, Developer has submitted a plat, in compliance with the provisions of the City Platting Ordinance, Section IV, Subsection F., which dedicates a porfun of Victoria Park Unit 5 for use as Parks and Playgrounds; and NOW, THEREFORE, in order to provide a coordinated land development and street construction project, the City and Developer agree as follows: .. Developer will construct certain improvements for and on behaff of the City including pavement and sidewalks on Oso Parkway which bounds the above described dedicated park, as depicted in exhibit 'A'. The improvements will be constructed in accordance with the plans and specifications approved by the City Engineer. This Agreement will be null and void if the subdivision consu'uction authorized by the approved plans and specifications is not completed within the time limits specified in the City's Platting Ordinance or if not constructed per the approved plans and specifications; the construction will then be contracted for and financed completely by the Developer. For Victoria Park Unit 5, the total estimated cost of the City's share of public street improvements, as depicted in Exhibit B is $41,584.55. The City's share will be adjusted according to the actual construction cost after completion of the work, but in no case will the City's share exceed the estimated amount of $ 41,584.55. The City's payment to the Developer will be made after completion and a¢ceptanco of all subdivision improvements by the City Engineer. The City shall reimburse the Developer for the City's share of the cost of public improvements for this development in the following manner: a. Upon recordation of the final plat of Victoria park Unit 5, and final acceptance of public improvements by the City Engineer, the Developer will be paid for actual costs of the City's share, not to exceed $41,584.55, of the required public improvements no later than 60 calendar days from the date of final acceptance by the City Engineer. Developer must indemnify and hold harmless the City, its' agents, officers and employees (Indemnities) from all suits, actions or claims and from all liability for any and all injuries or damages sustained by any person, including, without limitation, workers compensation, personal injury or death, arising from or incident to this street consUuction developer agreement, regardless of cause or of any concorrent or contributing fanlt or neghgenceofIndemnltles, mcludmg Indemnities sole negligenc. Participation Agreement - Vieteria Park Unit 5 So-San Corpora6an Page 1 of 2 Exhibit D Page 1 of 2 The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete as part of this Agreement, the Disclosure of Ownership interest form attached hereto and labeled Exhibit 'C'. The Agreement becomes effective and binding upon and inures to the benefit of the patties hereto and their heirs, successors, and assigns from and after the date of execution. EXECUTED IN TRIPLICATE originals, this ATTEST: By: City Secretary APPROVED: Day of ,2001 day of CITY OF CORPUS CHRISTI By: ,2001. David Garda, City Manager OWNER: SO-SAN CORPORATION By:. Assistam City Attorney THE STATE OF TEXAS COUNTY OF NUECES Greg Voisin, Presidem This insmunem was acknowledged before me on the day of ,2001, by Greg Voisin, President of So-San Corporation, a Texas Corporation, on behaffof said corporation. Notary Public THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the dayof ,2001, by David Garcia, as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notmy Public Participation Agreement - Victoria Park Unit 5 So-San Corporation Page 2 of 2 Exhibit D Page 2 of 2 Page 1 of AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH SO-SAN CORPORATION FOR PUBLIC STREET IMPROVEMENTS ON OSO PARKWAY ABUTTING A DEDICATED PUBLIC PARK NOT TO EXCEED $41,584.55 FOR CITY'S SHARE OF COSTS OF THE IMPROVEMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the required funds having been appropriated by ordinance of even date herewith, the City Manager, or his designee, is authorized to execute a participation agreement with So-San Corporation for public street improvements on Oso Parkway abutting a dedicated public park not to exceed $41,584.55 for the City's share of the costs of the improvements. H:\LEG.DiR\NoEMi\DDCURTiS~YDOCS~001\P&ZORD01~PART[C~I\VICTOR~I .WPD 7 CITY COUNCIL AGENDA MEMORANDUM DATE: March 05, 2001 AGENDA ITEM: Ordinance closing and abandoning a 5,776 - a square foot portion of a 20 - foot wide utility easement out of Lot 2B and 3, Block 1, Caja Industrial Development Subdivision; requiring the owner, Regional Transit Authority, to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: On behalf of Regional Transit Authority, Ms. Linda Watson, General Manager is requesting the closure of an easement to accommodate future expansion of the RTA Site and the construction of a new building in the area currently occupied by the easement. REQUIRED COUNCIL ACTION: City Charter requires Council approval to close and abandon any portion of an easement. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. ~'f2t~ngel R. Escobar, P.E. Director of Engineering Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map h:~...~Gen\Esmt-Clos\01E s mt-Clos\Caja[nd-mem.wpd AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSUREAND BACKGROUND: On behalf of Regional Transit Authority (RTA), Ms. Linda Watson, General Manager is requesting the closure and abandonment of a 5,776-square foot (20' wide x 288.79' long) portion of a 20-foot wide utility easement. The easement to be closed is located in Zone I-2 within the city limits of Corpus Christi. See Exhibit "C', Location Map. The RTA owns Lots 2B & 3, Block 1, Caja Industrial Development, which embrace the portion of utility easement proposed for closure. The RTA must adjust the alignment of 60 feet of the utility easement in Lots 2B & 3 to accommodate the construction of a new building. The RTA is proposing to dedicate a 15-foot utility easement (5,179-square foot) within Lot 2B, Block 1, Caja Industrial Development to reroute the waterline which currently traverses the easement proposed for closure. The dedication helps offset a portion of the fair market value. All public and franchised utilities were contacted. No objections were received from the public and franchised utilities to the proposed closure. Staff recommends that payment of the fair market value of five hundred thirty-seven dollars and thirty cents ($537.30) be paid to the City of Corpus Christi. The $537.30 is the difference in value between the portion of the easement proposed for closure (5,776 sq. ft.) and the easement to be dedicated (5,179 sq. ft.). Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 5,776-SQUARE FEET, 26-FEETWIDE, UTILITY EASEMENT OUT OF LOTS 2B AND 3, BLOCK 1, CAJA INDUSTRIAL DEVELOPMENT SUBDIVISION; REQUIRING THE OWNER, REGIONAL TRANSIT AUTHORITY, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 5,776-square feet, 20-feet wide, utility easement out of lots 2B and 3, Block 1, Caja Industrial Development Subdivision; and WHEREAS, REGIONAL TRANSIT AUTHORITY ("Owner"), owns each of the above lots and wishes to have the City abandon and vacate the utility easement in said lots; and WHEREAS, it as been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portions of the above described utility easement for all purposes, subject to the provisions listed below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the above described 5,776-square feet, 20-feet wide, utility easement (as further described by the attached and incorporated Exhibit "A") is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1) 2) 3) Owner. shall pay the fair market value of five hundred thirty-seven dollars and thirty cent ($537.30) to the City of Corpus Christi ($537.30 is the difference in value between the portion of the abandoned easement (5,776 sq. ft.) and the replacement easement to be dedicated (5,179 sq. ft.); Owner shall abandon the existing 8" waterline within the portion of the abandoned easement and dedicate a 15-foot utility easement and pay to reroute a new replacement 8" waterline (constructed to City Standards) in the 15 feet easement. Owner shall replat his property within 180 days at Owner's expense. H:~LEG-DIR~NOEMI~DOCURI~S~MYDOCS~001',ORO2001,100~Ordinanc.es~DDCORD01.104.WPO Page 2 of 3 SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 13th day of Mamh, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal Form Approved March 6, 2001 James R. Bray Jr. City Attorney By: Doyle 13~rcurtis Senior Assistant City Attorney ~ BATES z w a~o SRE LOCATION LOT 9, BLOCK 2~1 LOT 1, BLOCK 1 J,C. RUSSELL FARM BLOCKS '~ ST. CLAIRE INDUSTRIAL PARK I O~ - ~ 2~' OSED JOB NO. 2S017.A0.02 B~R ~NE DATE: JANUARY 11~ 2001 AGENDA MEMORANDUM February 24, 2001 AGENDAITEM: Ordinance abandoning and vacating a 10-foot wide (4,417.04 square feet) utility easement out of Lots R, S, U, and V, Block 9, Corpus Christi Industrial District Section 2; requiring the owner, Herren Automatics, to comply with the specified conditions and replat the property within 180 days at owner's expense; and b. Ordinance authorizing the City Manager, or his designee, to execute a Sanitary Sewer Maintenance Agreement with Horton Automatics requiring Herren Automatics to fully maintain the sanitary sewer line in the easement and in return allowing Horton Automatics (Owner) the right to use the 10-feet wide (3508.24 square feet) utility easement out of Lot V, Block 9, Corpus Christi Industrial District Section, from manhole to manhole, with specified conditions; establishing a fee of $4,385.00; and declaring an emergency. ISSUE: Horton Automatics has a need to expand its facilities to optimize its manufacturing processes. Two existing public utility easements on the premises prohibit the expansion. Abandoning and vacating one easement and a Sanitary Sewer Maintenance Agreement to use the second easement are required. REQUIRED COUNCIL ACTION: City Charter requires City Council approval to abandon and vacate an easement and to execute an agreement to use an easement for private purposes. RECOMMENDATION: Staff recommends approval of the Ordinances as presented. ~0~- Angel R. Escobar, P.E. Director of Engineering Services ATTACHMENTS: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Site Map, Easement Abandonment and Vacation Site Map, Sanitary Sewer Maintenance Agreement Ordinances Sanitary Sewer Maintenance Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Reasons forthe Reuuests. Horton Automatics, with its local facilities at 4242 Baldwin Boulevard, Corpus Christi, Texas, is a nationally acclaimed manufacturer of commemial and industrial doors. Representatives of the company recently discussed with City Staff their plans to undertake significant capital improvement projects to optimize their manufacturing and production processes. According to these representatives, over the years their plant grew from a one (1) building to a four (4) building operation occupying six (6) lots. Based on a site and layout analysis, the current site and plant layout does not satisfy "total process" needs. They have determined that a divided plant layout and operations have led to wasted space, inefficient material handling, and less than optimum productivity. They have decided to redo part of the layout by continuing the expansion and connection of buildings to improve their industrial engineering and manufacturing processes. The existence of two public utility easements on the premises (see Exhibit B and C) prohibits Horton Automatics from expanding their facilities in the manner needed to achieve their goals. By definition, a public easement is a right-of-way granted or dedicated for limited use of pdvate land for a public purpose and within which the owner of the property shall not erect any permanent structures. Therefore, Horton Automatics must undergo the steps being taken by this action, i.e., request to City Council for the abandonment and vacation of one easement and the agreement of using the second easement in the manner described below. The representatives of Horton Automatics have informed City Staff that their corporate headquarters favors the alternative being pursued, i.e., expansion and optimization of their Corpus Christi plant. They have indicated, however, that relocation of their operations to the Dallas area is an alternative consideration if plant efficiencies cannot be achieved at their current location. Abandonment and Vacation of the Utility_ Easement. Exhibit B shows the location of a proposed building expansion in relation to the 10' utility easement (4,417.04 square feet) which Horton Automatics has requested be approved for abandonment and vacation. The utility easement is embraced on the east side by Lots R and S, and on the west by Lots U and V, Block 9, Corpus Christi Industrial Distdct Section 2, which are owned by Horton Automatics. Lot T, Block 9 is owned by First Commerce Bank and utilities are provided from Baldwin Boulevard and Airport Road. EXHIBIT A Page 1 of 3 Central Power and Light Company (CP& L) and Southwestem Bell (SWB) have been the only utility companies with facilities (utilities) in this easement. The CP&L and SWB have agreed to relocate their facilities to Airport Road right-of-way at the expense of Horton Automatics. The easement proposed to be abandoned and vacated is located in Zone I-2 within the city limits of Corpus Christi. All public and franchised utilities were contacted regarding the request for abandonment and vacation of the easement. There are no objections. Staff recommends that payment of a fair market value of two thousand seven hundred sixty dollars ($2760.00) be paid to the City of Corpus Christi for abandoning and vacating the easement., in addition, Horton Automatics will be required to re-plat the property within 180 days after approval of the abandonment and vacation of the easement. The owner has been advised of and concurs with the above conditions. Request for a Sanitary_ Sewer Maintenance Agreement for the Utility_ Easement Within Exhibit C shows the location of a proposed building expansion to connect a building on Lot V ' to building on Lot 7. A 10-feet utility easement contained within Lot V, along its northern edge, lies between the buildings and inhibits the building connection. This easement contains a public 8-inch sanitary sewer line that serves the Horton Automatics buildings adjacent to the easement as well as several other properties, i.e., Lots J through P and Lots W, X2, and Y. Because Horton Automatics has aspirations of someday acquiring and developing as many lots as possible in Block 9 to continue their growth, no feasible alternative mute can be found for the relocation of the sanitary sewer line which would not impact future plant expansion options. This prohibits the abandonment and vacation of this easement. Therefore, the City's Engineering, Wastewater, and Legal Departments determined that a Sanitary Sewer Maintenance Agreement is a viable instrument by which the City can allow Horton Automatics to connect the buildings and use the easement area for their operations. The Sanitary Sewer Maintenance Agreement will allow Horton Automatics (Owner) the right to use the 10-feet wide (3508.24 square feet) utility easement out of Lot V, Block 9 from Manhole 2 to Manhole 3 (manhole designation established for the purpose of this discussion only),, with the following specified conditions: 1. Owner agrees (within 30 days of execution of the Agreement) to either rehabilitate the sewer line using the CIPP (Cured In Place Pipe) method or replace the line in its entirety from manhole to manhole, approximately 350.8 feet length, to City standards. 2. Owner agrees to maintain the line in a serviceable condition at ail times during the life of the Sanitary Sewer Maintenance Agreement so that service to the other properties is EXHIBIT A Page 2 of 3 maintained. 3. Owner agrees to limit construction in the easement area to the following: a) Construction of a roof section to connect the building on Lot V with the building on Lot Z. b) Utilization of existing building columns and walls as the supporting structure(s) for the new roof section (No new columns will be allowed in the easement). c) Construction of a concrete floor (slab on grade) between the existing building foundations, to serve as the floor connection between the buildings. d) Installation of a 10-foot wide overhead (or equal) door at each end (east and west) of the closed off portion of the easement to allow access into the easement area inside the building. e) Maintain the interior easement area free of machinery or equipment that would prohibit access and maneuverability over the easement area to maintain, repair, or replace the sanitary sewer line. 4. Owner agrees to leave the area within a 15-foot radius of the center of each manhole clear for City access to the manholes. 5. Owner agrees to apply to the City to abandon and vacate all utility easements in Block 9 if Owner acquires the rest of the lots in Block 9 while this agreement is in effect. 6. Owner agrees to remove all obstructions from the easement within sixty (60) days upon termination of the Agreement, if termination is not because of the acquisition of all the lots. 7. Owner agrees to hold harmless the City of Corpus Christi for all liability related to the easement, the sewer line, and improvements from manhole to manhole. All City and private franchised utilities were contacted regarding this Sanitary Sewer Maintenance Agreement. None had any objections, provided the applicant meets the specified conditions set out in the Agreement. A one-time fee of $ 4.385.00 is being recommended. The Owner has been advised of and concurs with all the conditions of the Agreement. EXHIBIT A Page 3 of 3 SITE lOCATION SCALE: N.T.$. AGNES STREET LOT Y LOT M NOTES: 1.) ,aU_ LOTS A.~E IN BLOCK 9, CORPUS CHRIS'IT ~ INDUSTRIAL DISTRICT, SECEON 2, ~ RECORDED IN ~L 32, ~. 113, ~ RECORD~ NU~ COU~ ~ 2.) ~N A~O~C O~S LO~ ~Xl ~O Z ENGINEERING EASEMENT ABANDONMENT AND VACATION LOTS R, S, U, AND V, BLOCK 9 C.C. INDUSTRIAL DISTRICT SECTION 2 EXHIBIT B' DATE: f4ARC~&2001 JOB NO. 28843,A0.00 SCALE: 10' U.F- SEWER AGNES STREET LOT I~ LOT Y LOT ~¢ I LOT/d / LOT N / LOT 0 LOT P / LOT R LOT S NOTES: 1.,] ALL LOTS ARE IN BLOCK g, CORPUS CHRISTI INDUSTRIAL D/STRICT, SECTION 2, AS R~CORDED IN VOL. 32, Pg. 115, MAP RECORDS, NUECES COUNT~, TX. 2.) HORTON AUTOMATIC O~FtVS LOTS R,~U,V, XI AND Z. $.) REttA~IUTATION OF 8" S.S. UNE ~ILL BE BE'rlVE'EN ~H-2 AND I;IH-$ FOR A DISTANCE OF LOT T I SANITARY SEWER I MAWTENANCE AGREEMENT IjI~ENGINEE:RING I I I.,OTV, BLOCK9 CORPUS CHRISTI. T[XASJ I C.C. INDUSTRIAL DISTRICT SECTION 2 EXHIBIT C Page 1 of AN ORDINANCE ABANDONING AND VACATING A 4,417.04-SQUARE FEET, 10-FEET WIDE, UTILITY EASEMENT OUT OF LOTS R, S, U, & V, BLOCK 9, CORPUS CHRISTI INDUSTRIAL DISTRICT SECTION 2; REQUIRING THE OWNER, HORTON AUTOMATICS, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,417.04-square feet, 10-feet wide, utility easement out of Lots R, S, U, & V, Block 9, Corpus Christi Industrial District Section 2;and WHEREAS, HORTON AUTOMATICS ("Owner"), owns each of the above lots and wishes to have the City abandon and vacate the utility easement in said lots; and WHEREAS, it as been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portions of the above described utility easement for all purposes, subject to the provisions listed below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the above described 4,417.04-square feet, 10-feet wide, utility easement (as further described by the attached and incorporated Exhibit "A") is abandoned and vacated for public use as a utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1) 2) 3) Owner must pay the fair market value of two thousand seven hundred sixty dollars ($2760.00) to the City of Corpus Christi for abandoning and vacating the easement. Owner must replat his property within 180 days at Owner's expense. Owner must pay for the relocation of Central Power and Light Company (CP& L) and Southwestern Bell (SWB) facilities (utilities) to Airport Road right-of-way. Exhibit D-1 Page 1 of 3 H:~HO M E'~LEOF~GE N~AG0 I~ORTO N 1.0RD Page 2 of SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 13th day of March, 2001. , ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal Form Approved March 6, 2001 James R. Bray Jr. City Attorney By: Doyle D. Curtis Senior Assistant City Attorney H:\HOME\LEOF~GEN~AG01\HORTON 1.0RD Exhibit D-1 Page 2 of 3 Page 3 of Corpus Christi, Texas day of ,2001. 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, Samuel L. Neal, Jr., Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:\HOME~LEOF~GEN~AG0 I~HORTON 1.0ED Exhibit D-1 Page 3 of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A SANITARY SEWER MAINTENANCE AGREEMENT WITH HORTON AUTOMATICS REQUIRING HORTON AUTOMATICS TO FULLY MAINTAIN THE SANITARY SEWER LINEIN THE EASEMENT ANDIN RETURN ALLOWING HORTON AUTOMATICS(OWNER)THE RIGHTTO USETHE10-FEETWIDE(3508.24SQUAREFEET) UTiLITY EASEMENT OUT OF LOT V, BLOCK 9, CORPUS CHRISTIINDUSTRIAL DISTRICT SECTION 2, FROM MANHOLE TO MANHOLE, WITH SPECIFIED CONDITIONS;ESTABLISHING A FEE OF$4,385.00;AND DECLARING AN EMERGENCY. BElT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or designee, is authorized to execute a Sanitary Sewer Maintenance Agreement with Horton Automatics, requiring Horton Automatics to fully maintain the sanitary sewer line in the easement and allowing Horton Automatics (Owner) the right to use the 10-feet wide (3508.24 square feet) utility easement out of Lot V, BLOCK 9, CORPUS CHRISTI INDUSTRIAL DISTRICT SECTION 2, from manhole to manhole, with specified conditions and establishing a fee of $4,385.00. A copy of the Agreement is on file with the City Secretary. SECTION 2. That upon wdtten request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 13th day of March, 2001. ATTEST: THE CiTY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved March 6, 2001 James R. Bray, Jr., City Attorney By: Doyle Curtis, Senior Assistant City Attorney H:~OMEALEOFAGEN\EASEMENT.CLO~20OI\HORTON~ 1.0RD Exhibit D-2 Page 1 of 2 Corpus Christi, Texas day of ., 20 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, Samuel L. Neal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:~IOME~LEOF~GEN\EASEMENT. CLO~2001\HORTON~I .ORD Exhibit D-2 Page 2 of 2 SANITARY SEWER MAINTENANCE AGREEMENT Page 1 of 5 THE STATE OF TEXAS § COUNTY OF NUECES § That the City of Corpus Christi, a Texas home rule municipal corporation, acting through its duly authorized Deputy City Manager, George K. Noe, in accordance with Article IX, Section 1, Corpus Christi City Charter, in consideration of $4,385.00 paid by Horton Automatics ("Owner"), of 4242 Baldwin Blvd., Corpus Christi, Nueces County, Texas the receipt of which is acknowledged, has executed and by these presents does execute, upon the conditions hereinafter stated, a SANITARY SEWER MAINTENANCE AGREEMENT with said Owner, for the right to use a 10-foot wide utility easement out of Lot V, Block 9, Corpus Christi Industrial District Section 2, for expansion of buildings and maintenance of an existing public sanitary sewer line in the easement (hereinafter collectively known as "The Improvements") within the City of Corpus Christi, Nueces County, Texas, as shown on the attached and incorporated Exhibit A. Owner, its successors, and assigns, shall have the right, under the following conditions, at any time to enter upon the above described easement to maintain the The Improvements; and it is further understood that this agreement is executed subject to Owner's compliance with the following conditions: A. This Agreement ("Agreement") may be revoked at any time upon the giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or designee ("City Manager"). B. To the extent allowed by Texas law, Owner, its officers, members, partners, employees, agents, and licensees (hereinafter called "Owner") hereby fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, agents, licensees, and invitees ("indemnitees") against any and all liability, damage, loss, claims, demands and actions of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with said utility easement or construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of The Improvements pursuant to this agreement, including said injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them. Owner must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based thereon with counsel satisfactory-to indemnitees and pay all charges of attorneys C;\WINDOW~TEM~HORTON-I.AGM Exhibit E Page 1 of 5 Page 2 of 5 and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. C. Owner must acquire and maintain commercial general liability insurance pertaining to the The Improvements and the activities related to the The Improvements authorized by this ,Agreement, in the minimum amounts set forth in the attached and incorporated Exhibit B. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Owner shall provide copies of all insurance policies to the City Attorney. The policies may not be canceled, renewed, or materially changed without 10 days advance written notice to the City's Director of Engineering Services, or designee ("City Engineer"). D. Owner's use of the The Improvements must not interfere with City's construction, operation, repair, replacement, or maintenance of the existing or future manholes and associated utility lines. If City (or any other franchisee companies needs access to the easement, Owner must render the The Improvements opened for uninterruped access to the utility lines for repair, replacement, or maintenance of the utility lines. The Owner shall be reponsible for repairing the The Improvements to their original condition or removing the The Improvements at which time this Agreement terminates immediately. E. Owner must not close or barricade the easement, or any portion of the easement, to install, repair, or maintain the The Improvements until the Owner or his contractor has filed an approved traffic control plan with City's Traffic Engineering Office. F. Owner must pay to maintain or repair the The Improvements at all times, regardless of the type of damage that may occur, within 30 calendar days of notice of damage to Owner. Failure to do so terminates this Agreement immediately. G. Owner must comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Owner must not assign this Agreement without City's prior written consent. I. · Owner must submit a set of construction drawings to the City Engineer for any proposed work two weeks prior to onset of construction. The drawings must show the depth and location of the proposed construction and distance from the existing water, stormwater, wastewater and gas lines. J. Owner must vedfy depth and location of existing Water, Wastewater, Gas, C.P.& L., S.W.B.T., Time Warner, and ClearSource lines, as well as Espire, KMC, iCG, CAPROCK, and communication fiber optic cables. Prior to the start of any excavation, the Owner or Owner's Agent must call the Texas One Call System (1-800-245-4545), 1-800-DIG-TESS C:\WIN DOWS~TEMP~HO RTON- 1 ,AGM Exhibit E Page 2 of 5 Page 3 of 5 and Lone Star Notification Center (1-800-669-8344) for locations of existing utilities. A City Inspector may request a utility line be uncovered to verify its depth or location. K. Owner must not begin work without 48 hours prior notice to the C.P.& L, S.W.B.T., ClearSource, Time Warner, Water, Gas, Storm Water, and Wastewater Divisions along with the Espire, KMC, ICG, and C^PROCK, communication fiber optic companies. L. Owner must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. M. If damage occurs to either of the two City wastewater manholes within the utility easement, as determined by the City's representative, a City Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City costs (labor and materials) associated with the repairs must be paid by the Owner within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the manhole(s). For City's access to the manholes, Owner must maintain an unobstructed area within a 15 ft. radius of the center of each manhole. N. Within 30 days of the execution of this Agreement, Owner must replace the existing wastewater sewer line located between city manhole to manhole within the utility easement by (1) rehabilitating the existing line from manhole to manhole using the ClPP (Cured In Place Pipe) method or (2) replacing the existing line in its entirety from manhole to manhole, approximately 350.8 feet, with a new line. All of this work shall be in accordance with City standards. Thereafter, Owner must maintain and repair said line as needed, or replace said line, as determined by the City. O. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $286.80 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the The Improvements pursuant hereto. A half-day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $53.77 an hour. Owner must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. P. Owner must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. Q. Damage to driveways, culverts, head walls and any other structure, public or pdvate, must be repaired by the Owner at his expense within 30 days after being notified of damage to same. C:~WINDOWS\TEMP~HORTON- 1 .AGM Exhibit E Page 3 of 5 Page 4 of 5 R. Owner must not store or leave any equipment or material in City right-of-way overnight. S. Owner must noti~ Street Superintendent (361-857-1940) 24 hours prior to starting work, and must have a representative present during backfilling and pavement repairs. T. The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. U. If owner acquires the rest of the lots in Block 9 while this agreement is in effect, then within 30 days Owner shall apply to the City to abandon and vacate all utility easements in Block 9 and to terminate this Agreement. If this Agreement terminates for any other reason, then Owner shall remove all obstructions and encroachments from the Utility easement within 60 days of termination. NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the __ day of ,2001. ATTEST: City Secretary CITY OF CORPUS CHRISTI By: George Noe, Deputy City Manager APPROVED March 7, 2001 James R. Bray, Jr. City Attorney By:. Doyle D. Curtis Senior Assistant CitY Attorney THE STATE OF TEXAS § COUNTY OF NUECES § C:~WINDOWS\TEMP~HORTON ~ 1 .AGM Exhibit E Page 4 of 5 Page 5 of 5 This instrument was acknowledged before me on ,2001, by George K. Noe, Deputy City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public, State of Texas The above Agreement is here by accepted this the day of ,2001, by __ , of Horton Automatics, Owner. Owner agrees to keep and perform the conditions imposed by said Agreement and that it is bound by all of the terms of same. By: Name: Title: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , as Texas corporation, on behalf of said corporation. ,2001, by , of Horton Automatics, a Notary Public, State of Texas Printed Name: Expiration Date: C:\WINDOWS\TEMP~HORTON- 1 .AGM Exhibit E Page 5 of 5 --~V' CITY COUNCIL AGENDA MEMORANDUM Date: February 27, 2001 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an addendum to the contract for purchase of services from the State of Texas, Department of Information Resources, to provide computer maintenance to the Police Department's Digital Equipment Corporation (DEC) equipment, authorized by Motion M2000-257, approved by City Council on July 25, 2000, to add 200 mobile data computers and miscellaneous equipment at an annual cost of $11,946.72. ISSUE: The additional equipment increases the contract to $56,524.44 or a 26.8% percent increase in the contract previously approved by City Council. BACKGROUND INFORMATION: Maintenance or "Recover-All" service on 200 laptops at a monthly cost of $4.50 per laptop will provide for repair or replacement of the equipment due to mechanical failure and malfunction. The annual contract (9/1/00 - 8/31/01) provides maintenance on all the DEC equipment located in the Police Department consisting of the Computer Aided Dispatch, Records Management System, and Personal Computer Network. The current annual contract for $44,577.72 was approved by City Council on July 25, 2000 (M2000-257) and has been revised on two other dates to add and/or delete equipment. The current contract is with the State of Texas pursuant to the authority granted in the Interlocal Cooperation Act, Texas Government Code Ann. 791.001 (Vernon 1993). The state contract provides the least expensive option for maintenance that can only be provided by COMPAQ. FUNDING: The total amount of the agreement is $56,524.44, a $11,946.72 increase over the previous year's contract due to the addition of the 200 mobile data computers as well as other equipment additions to the contract since July 25, 2000. Funds have been budgeted in the Police Department operating budget for FY 00/01. REQUIRED COUNCIL ACTION: Approval of the contract. RECOMMENDATION: Staff recommends approval of the contract. P. Alvarez, J~:~ ~) Chief of Police Attachments: Contract COMPAG 26-F. EB-01 CORPUS CHRISTI POLICE DEPT 321 JOHN SARTAIN CORPUS CHRISTI, TX 78401 Dear ~',~ $~A~.~r~ The attached Compaq/DIR service agreement is a confirmation copy for your files. Should you have additional changes during the year, please submit them to me by email. My email address is: larry.d.dixon@compaq.com. As a Compaq/DIR customer you have a wide range of services available to you. Listed below are just a few of our most popular services. Hardware Support Hardware Maintenance - From "next day" to "same day" and up to 24 X 7 days by 2 hour response. response, Warranty Uplifts - Uplifts any standard on-site warranty to "same day" response, and up to 24 X 7 days by 2 hour response. Software Support Bronze, Silver & support for VMS, Gold - Three Unix, Novell, levels of remedial and advisory Windows NT, Windows 2000. Disaster Recovery Recover-All Service - Protects your equipment from loss due to environmental or accidental occurrences (highly recommended). Equipment Relocation Relocation Service - De-installation, moving, and re-installation of your IT equipment by Compaq professionals. manage and coordinate the complete move. We High'Availability Availability Assesament - A fixed-price availability analysis, including detailed remedial recommendations and cost/benefit estimates for servers and operating systems. For more information you may want to visit our web site at compaq.com/services, or give me a call at 972-273-2505. Sincerely, Larry Dixon Compaq Global Services larry.d.dixon@compaq.com 972-273-2505 (office) 972-253-1331 (fax) Compaq Computer Corporation 5310 Harvest Hill Rd, Suite 200 Dallas, TX 75230 =1W SERVIUE AGREEMENT PAUE 2 OP COMPAQ Tandem, a Division of Cosom Composer tmama corporaftan W"M [b 111 s - Line Item Model No. Ser/Sere ID Description/Lccation/Adjustment Eff Date Service Level -F Sa Su R ExmP1 Qty Unit Price- Monthly Price 28.020 QT-5SUAA-TB PW AS CAL VMS NVLS I 01 -FEB -01 New Version License Svc 24 24 24 U A 1 2.00 $2.00 28.004 QT-SLKAA-ES PW 32 MUL CDRM MDD 01 -SEP -00 Media and Due Dist Svc 24 24 24 U A 1 6.00 $6.00 SysType/Ser#-. PCENV/CORPUSFTWR CSC Access #: 745818 29.000 QT.YSH99.A9 INFOSERVER SSS 01 -SEP -00 Digital Bronze Support 24 24 24 U A 1 67.29 $67.28 $14.95 29.007 QT-XNGA9-A9 VXT Software SSS 01 -SEP -00 Digital Bronze Support 24 24 24 U A 1 14.95 29.009 QT-OLWAA-TA DECsvr NA ALL NVLS 01 -SEP -00 New Version License Svc 242424 U A 1 1.00 $1.00 29.002 QT-VTUA9-ZA DECSVR 300 VMS IS 01 -SEP -00 Telephone Support Svc 24 24 24 U A 1 23.00 $23.00 29.006 QT-03KA9-ZA DECsvr 500 MUL TS 01 -SEP -00 Telephone Support Svc 24 24 24 U A 1 115.00 $115.00 29.012 QT-6GSAA-ZB Raptor FIRE TS 01 -SEP -00 Telephone Support Svc 24 24 24 U A 1 110.00 $110.00 29.010 QT-OLWAA.XA DECsvr NA ALL PKG SVC 01 -SEP -00 MDDS Win Pkg Svc 24 24 24 U A 1 16.00 $16.00 29.011 QT.6G8AA-XB Rapier FIRE Pkg Svc 01 -SEP -00 MDDS Nfln Pkg Svc 24 24 24 U A 1 150.00 $150.00 SysType/Ser#- SFrWR/CORPUSFrWR2 CSC Access #: 745818 34.000 QR-SMBMI-Y3 BRONZE NT MAIN LISTI - TIER3 01 -SEP -00 Bronze Support for Windows 09 00 00 U A 1 150.00 $150.00 SysTypelSer#: PCENV/CORPUSFTWR1 CSC Access #: 745818 1.007 DEFAR-MA AS42619402 GROUP: HRDWRE DECrepenter "FA, DocsNo Pw 01 -SEP -00 DECService 24 24 24 R 1 &58 S&58 1.008 DFFAR-MA AS42818731 DECrepeater "FA, DocsNo low 01 -SEP -00 DECServim 24 24 24 1 &58 $8.58 $1.50 11000 WA-RCALL-A RECOVER-ALL SERVICE 01 -SEP -00 Recover -All 24 24 24 UDAP 1 16.00 $16.00 2.003 DEXBR-Z C591600155 RousteAbt Aces El IP BASE SW 01 -SEP -00 Basic Service 09 00 00 1&00 $18.00 2.004 DEXBR-711 C591600022 RTABT ACC El IP STACK NO CORD 01 -SEP -00 Basic Service 09 00 00 1 1 18.00 $18.00 2.005 DEXBR-T3 C592888825 RTABT ACC El IP STACK NO CORD 01 -SEP -00 Basic Service 09 00 00 18.00 $18.00 2.006 DEXBR-T3 AY93161079 RTABT ACC El IP STACK NO CORD 01 -SEP -00 Basic Service 09 00 00 1 30.00 $30.00 2.007 DSRVB-AA AG724M7108 DS200 RS232 TRMSV 120V W/LIC 01 -SEP -00 Basic Service 09 00 00 1 1 113.00 $113.00 3.003 DEMSA-AA AS00805024 DEC MICROSERVER HfW (120VOLT) 01 -SEP -00 DECServim 09 00 OOR $117.00 3.004 DSRVS-CA AS02127757 DECSERVER 550 RACKMOUNT 120V 01 -SEP -00 DECServim 09 00 00 R 1 117.00 39.00 $39.00 3.005 DSRVF-BA AGO17LMU0S DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECServim 09 00 00 1 1 39.00 $39.00 3.007 DSRVF-BA AG017LMUII DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECServIm 09 00 00 39.00 $39.00 3.008 DSRVF.BA AG017LPC31 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 1 1 39.00 5".00 3.009 DSRW-BA AG017LMU14 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 39.00 $39.00 3.010 DSRW-BA AG017LMT77 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 1 1 39.00 $39.00 3.011 DSRVF-BA AG025MLC41 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 1 39.00 $39.00 3.012 DSRVF.HA AG017LNM4 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 09 00 00 1 39.00 $39.00 3.013 DSRVF-BA AG115RJH25 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECServIm 1 39.00 $39.00 3.014 DSRVF-BA AG017LMT97 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 1 39.00 $39.00 3.015 DSRVF-BA AG017LKU79 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 39.00 $39.00 3.016 DSRVF-BA AGO17LMU16 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECServim 09 00 00 1 1 39.00 $39.00 3.017 DSRVF-BA AGO17LMT79 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 1 39.00 $39.00 3.018 DSRVF-BA AG017LMT93 DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 1 39.00 $39.00 3.019 DSRVF-BA AGO17LNTSO DS300 EIA423 TRMSV 120V W/LIC 01 -SEP -00 DECService 09 00 00 1 45.00 $45.00 3.021 DEMPR-AA AS02446864 THINWRE ENET MLTPRT RffRJI20 01 -SEP -00 DECService 09 00 00 . ........ CU1111FAQ Car4d q Federal LW, a ed msw;: .q . i .=wm cwpo.m bhKVIA-L AUKELIVILINI PAUE 3 UP Tmd 'f C A Line Item Model No. Ser/Sets ID Descriptioramation/Adjustrnent Eff Date Service Level M -F Sa Su P Exmp! Qty Unit Price Monthly Price 31000 WA-RCALL­AA RECOVER -ALL SERVICE 01 -SEP -00 Recover -All 09 00 00 UDAP $103.95 **** GROUP: HRDWRE **** 4.008 SZISA.CA kS4270S669 InfoTower SCSI Enck 4 RRD42 01 -SEP -00 DECService 24 24 24 R 1 180.47 8184.47 4.2000 WA-RCALL-AA RECOVER -ALL SERVICE 01 -SEP -00 Recover -All 24 24 24 UDAP $16.20 **** GROUP: HRDWRE **** 5.002 FM-DSKMO-% 49M - 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.003 FM.DSKMO-96 4800. 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.004 FM-DSKMO-96 4900-14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.005 FM-DSKMO-% 4800. 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.006 FM.DSKMO-96 6%790 4800. 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 11.00 $4.00 5.007 FM-DSKMO-96 696792 48M - 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.008 FM-DSKMO-96 696808 4800. 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.009 FM-DSKMO-96 716817 4900-14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.010 FM-DSKMO-96 716820 48M - 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.011 FM-DSKMO-% 716823 4800. 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.012 FM-DSKMO-96 4800 - 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.013 FM-DSKMO-96 716826 4800. 14.4 BAUD MODEM 01 -SEP -00 Bade Service 09 00 00 DA 1 4.00 $4.00 5.014 FM-DSKMO-96 716927 49M - 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 5.015 FM.DSKMO-96 716829 4800. 14.4 BAUD MODEM 01 -SEP -00 Basic Service 09 00 00 DA 1 4.00 $4.00 6.000 FS-IBMOI-R7 8&10959 IBM3164-110 01 -SEP -00 Bask Service 090000 A 1 3.00 $3.00 6.001 FS-IBM01-R7 88-11322 IBM3164-110 01 -SEP -00 Basic Service 090000 A 1 3.00 $3.00 6.002 FS-IBMOI-R7 88-11811 IBM3164-110 01 -SEP -00 Basic Service 090000 A 1 3.00 $3.00 6.003 FS-IBM0I.R7 98-11820 IBM3164.110 01 -SEP -00 Basic Service 090000 A 1 3.00 83.00 6.004 FS-IBMOI-R7 88-11837 IBM3164-110 01 -SEP -00 Basic Service 090000 A 1 3.00 $3.00 6.005 FS-IBM0I-R7 8&11844 IBM 3164.110 01 -SEP -00 Basic Service 09 00 00 A 1 3.00 $3.00 6.006 FS-IBM01-R7 88-11957 IBM 3164.110 01 -SEP -00 Bask Service 09 00 00 A 1 3.00 $3.00 **** GROUP: HRDWRE 8.000 LA210-AA LA210 LTR PTR RO USA 01 -SEP -00 Basic Service 09 00 00 33 20.00 $957.00 8.001 VT320-FA TA94999240 MONO AMBER WPS TEXT TERM USA 01 -SEP -00 Basic Service 09 00 00 132 9.00 $1,188.00 8.002 VT340-GA GRAPH CLR TERM 120V USA 01 -SEP -00 Basic Service 09 00 00 4 29.00 $116.00 8.005 VT340-GA GRAPH CLR TERM 120V USA 01 -SEP -00 Basic Service 09 00 00 3 29.00 $87.00 8.006 VT420-AA TA11626994 MONO WHITETERM USA 01 -SEP -00 Basic Service 09 00 00 1 6.00 $6.00 8.011 LG02-A2 MMOSS31 600LPM TEXT/GRAPHICS PRINTER 01 -SEP -00 Basic Service 09 00 00 1 160.00 $160.00 16.006 LA75-A2 TY011116606 LA75 SER PTR 120V 01 -SEP -00 Basic Service 09 00 00 1 12.00 $12.00 17.031 VT340-G2 TA01500187 GRAPH CLR TERM 120V/NH NO KYB 01 -SEP -00 Bask Service 09 00 00 1 29.00 $29.00 17.002 VT340-G2 TA01500097 GRAPH CLR TERM 120VfNH NO KYB 01 -SEP -00 Basic Service 09 00 00 1 29.00 829.00 17.033 VT340-G2 TA01500277 GRAPH CLR TERM 120V/NH NO KYB 01 -SEP -00 Basic Service 09 00 00 1 29.00 $29.00 17.037 VT340-G2 TA0IS00130 GRAPH CLR TERM 120V/NH NO KYB 01 -SEP -00 Basic Service 09 00 00 1 29.00 $29.00 18.005 LA210-A2 TA01014943 LA210 LTR PCR 120V 01 -SEP -00 Bask Service 09 00 00 1 29.00 $29.00 1&007 VX20A-CB TA238DO576 VXTCTRI,VR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 mam", iMAN Crenliq Federal LLC, a wholly owned subsidiary W lkgital Equiptissill COYPOsatiral UP CU1111FAU Tandem, a Division of Cornpaq Courmiltz Corporation T E k U 'C Line Item Model No. Ser/Sery ID DescriptioTVLocation/Adjustrnmt Eff Date Service Level M -F Sa Su Epj Qty I Unit Prim Monthly Price 18.008 VRC16-CA 2A23315671 1611 COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.010 VX20A-CB TA24300723 VXTCTRL,VR326,THiTN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.011 VRC16-CA 2A14000807 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.012 VX20A-CB TA23700550 VXTCTRL,VR326,TH/TN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.013 VRC16-CA 2AZ3315989 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.014 VX20A.CB TA23900603 VXTCrRL,VR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.015 VRC16-CA 2A24118075 16-1 COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.016 VX20A-CB TA24000634 VXTCrRL,VR326,THrFN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.017 VRC16-CA 2A23516949 16 -'COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.019 VX20A-CB TA239005% VXTCTRL,VR326,THrFN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 19.019 VRC16-CA 2A24820524 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.020 VX20A-CB TA24100664 VXTCrRL,VR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.021 VRC16-CA 2A24820523 16-1 COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.022 VX20A-CB TA23800593 VXTCrRL,VR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.023 VRC16-CA 2A24820507 16" COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.024 VX20A-CB TA23800558 VXTCTRL,VR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.025 VRC16-CA 2A24820528 1611 COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.026 VX20A-CB TA23900601 VXT,CTRL,VR326,TR(1'N 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.027 VRC16-CA 2A24820502 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.028 VX20A-CB TA24000657 VXT,CTRL,VR326,TWrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.029 VRC16-CA 2A23516937 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.0--30 VX20A-CB TA24102992 VXT,CTRLVR326,THfrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.031 VRC16-CA 2A33132999 16" COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.032 VX20A-CB TA23800585 VXTCTRL,VR326,THITN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.033 VRC16-CA 2A24619579 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.034 VX20A-CB TA33805404 VXTCFRL,VR326,TRrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.035 VRT19-HA IS23140613 19-1 C Monitor 72166HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 24.00 $24.00 18.036 VX20A-CB TA33805365 VXTCTRL,VR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.037 VRC16-CA 2433031218 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.038 VX20A-CB TA33805359 VXT,CrRIVR326,THfrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.039 VRT19-HA IS22126976 1911 C Monitor 72/66HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 24.00 $24.00 18.040 VX20A-CB TA34807303 VXT,CTRL,VR326,THiTN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.041 VRT19-HA IS20204524 1911 C Monitor 72J66HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 24.00 $24.00 18.042 VX20A-CB TA33805346 VXTCTRL,VR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.043 VRT19-HA IS33984562 19-1 C Monitor 72166HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 24.00 $24.00 18.044 VX20A-CB TA34807323 VXTCTRL,VR326,THMN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.045 VRT19-HA IS21919336 191, C Monitor 72166HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 24.00 $24.00 18.046 VX20A-CB TA33604950 VXT,CTRLVR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.047 VRT19-HA IS14700531 191- C Monitor 72/66HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 24.00 $24.00 18.048 VX20A-CB TA33805391 VXTCTRLVR326,THfrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.049 VRC16-CA 16" COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.050 VX20A-CB TA32603510 VXTCrRL,VR326,THt1'N 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.051 VRT19-HA IS21920327 1911 C Monitor 72166HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 24.00 $24.00 18.052 VX20A.CB TA33905357 VXTCFRL,VR326,THfrN 01 -SEP -00 Basic Service 09 00 00 I 10.00 $10-00 18.053 VRC16-CA IS21617027 16" COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.054 VX20A-CB TA33805341 VXTCrRLVR326,TRITN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.055 VRC16-CA 2A40552741 16-1 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 internal fie A .etltod -QA,sW, SW 7.......... ......... aii ::i Cor pa Federal LLC, a bhK V 111-h AUKELIVILAI ilA(jh b Up & C'UNIFAQ Tendon, Compaq C='Cen! Corporman MAR q &. 0 Line Item Model No. Ser/Sery ID Description/Location/Adjustment Elf Date Service Level M -F Sa Su IR Exrnpi Qty Unit Prim Monday Price 18.056 VX20A-CB TA33805351 VXTCTRIVR326,TWrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.057 VRC16-CA 2A3200336 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.058 VX20A.CB TA33604932 VXTCTRLVR326,THnN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.059 VRC16-CA IS20600449 1611 COLOR VIDEO 72HZ 120f240 01 -SEP -00 Bade Service 09 00 00 1 20.00 $20.00 19.060 VX20A-CB TA33805339 VXTCTRL,VR326jH/TN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.061 VRC16-CA 2A31108712 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.062 VX20A-CB TA33805M VXTCFRLVR326,THITN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.063 VRC16-CA 2A30503262 1611 COLOR VIDEO 72HZ 1201240 01 -SEP -00 Bask Service 09 00 00 1 20.00 $20.00 19.064 VX20A-CB TA33805335 VXTCTR1,VR326,THTN 01 -SEP -00 Bade Service 09 00 00 1 10.00 $10.00 18.065 VRC16-CA 2A32830340 1611 COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 19.066 VX20A-CB TA50613789 VXTCFRL,VR326,THITN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.067 VRC16-CA 2A33031138 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.068 VX20A.CB TA33805354 VXTCTRl,VR326,TH/TN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.069 VRC16-CA 2A41802447 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.070 VX20A-CB TA34SM14 VXT,CTRL,VR326,THITN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.071 VRC16-CA 2A32830031 1611 COLOR VIDEO 72HZ 1201240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.072 VX20A-CB TA239000602 VXTCTR4VR326,TWrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 19.073 VRC16-CA 2A24218748 1611 COLOR VIDEO 72HZ 120(240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.074 VX20A-CB TA23800595 VXTCrRIVR326,THrrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.075 VRC16-CA 2A24820530 1611 COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 18.076 VX20A-CB TA23SN593 VXTCTRLVR32rjjWrN 01 -SEP -00 Basic Service 09 00 00 1 10.00 $10.00 18.077 VRC16-CA 2A24619577 W COLOR VIDEO 72HZ 120/240 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 **** GROUP: HRDWRE **** 19.009 DMHUB-AA MuldSwitch 900,US/JA 01 -SEP -00 DECService 24 24 24 R 1 41.47 $41.47 19.2000 WA-RCALL-A) RECOVER -ALL SERVICE 01 -SEP -00 Recover -All 24 24 24 UDAP $3.60 20.009 DMHUB-AA Mult[Switch 900,US/JA 01 -SEP -00 DECService 24 24 24 R 1 41.47 541.47 20.2000 WA-RCALL-AA RECOVER -ALL SERVICE 01 -SEP -00 Recover -All 24 24 24 UDAP $3.60 22.000 SEAVB-DA InfoServer 1000, Thinvrire 01 -SEP -00 Basic Service 09 00 00 1 66.00 $66.00 22.002 DSRVZ-MA *DECserver 900-04 01 -SEP -00 Basic Service 09 00 00 1 65.00 $65.00 22.003 DSRVZ.MA *DECarver 900-04 01 -SEP -00 Basic Service 09 00 00 1 65.00 $65.00 23.001 VX259-DA VXT+,19"COLR,USSTD,TH/TN 01 -SEP -00 Basic Service 09 00 00 1 41.00 $41.00 23.002 LN09-CA Spims Laser Ptr, US/CAN Model 01 -SEP -00 Basic Service 09 00 00 1 20.00 $20.00 24.000 FR-743AA-WF 433dxLPY+,S3805,340MB IDE,8MB 01 -SEP -00 Bade Service 09 00 00 25 14.00 $350.00 24.001 FR-PCXBV-PE 14"mergy star NILENHlg 01 -SEP -00 Basic Service 09 00 00 25 4.00 $100.00 24.003 DETMM-MA DECrepester 900TKDocsNo Pw 01 -SEP -00 Basic Service 09 00 00 2 18.00 $36.00 24.004 DECXM-AA AUI X BNC Thin Wire MAU 01 -SEP -00 Basic Service 09 00 00 1 1.00 $1.00 32.000 FR.B50WW.AC KN705RH597 Digital Sw 5100 RAID System 01 -SEP -00 DECService 09 00 00 k 1 74.00 $74.00 32.001 FR-CD1CBA-CA KN705RH597 HDD,2GB 720ORPM WIDE SCSI SBR 01 -SEP -00 DECServlm 09 00 00 t 1 14.00 $14.00 32.002 FR-PCXAT-AJ KN705RH597 418GB Tape DriveSCSI DDS2 01 -SEP -00 DECService 09 00 00 z 1 54.00 $54.00 32.2000 WA-RCALL-A) RECOVER -ALL SERVICE 01 -SEP -00 Recover -All 09 00 00 UDAP $17.85 33.000 FR-R2B3W.XD KNSI0ABWP4 Digital Svr1200,233/512,4GBHD 01 -SEP -00 DECwvlm Warranty 09 00 00 z 1 7.00 $7.00 LINE ITEMS .000,002 - FIW.... 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Cm'pa'q Federal LLC, awned subsidiary of Digital PkiWixami Corporation SERVICE AGRELIVILA I PA(ib 6 (.k UUMPAY Tmd a &1Coutpaq Cmptam CoTatattan 7777r77777 . .... . . ...... .. .... ...... ........ . m Line Item Model No. Ser/Sery ID Descripdon/Locadon/Adjustinent Eff Date Service Level M -F Sa Su Exmpj Qty I Unit Price Monthly Price WARRANTY EXPIRES 31 -MAR -01 WARRANTY UPLIFTED 33.001 FR-PCSMA,AD 64MB 60NS EDO DIMM MEMORY 01 -SEP -00 DECservlce Warranty 09 00 00 R 2 2.00 $4.00 33.002 FR-CECAA-BA 4GB 5400rpm SCSI Disk Drive 01 -SEP -00 DECservlce Warranty 09 00 00 R 1 2.00 $2.00 33.003 FR.PCXBV-F'L M[ONrrOR,17"(15.7"V)NH,69KHZ 01 -SEP -00 DECService 09 00 00 R 1 10.00 $10.00 33.2000 WA-RCALL-M RECOVER -ALL SERVICE 01 -SEP -00 Recover -All 09 00 00 UDAP $11.40 36.000 FR-G2B2A.TB KN811ALRT9 PC 5510 ST,6233,32MM,3.2G,W95 01-NOV-00 Basic Service 09 00 00 1 22.00 $22.00 37.000 FR.G2B2A-TB KN8253NSH9 PC 5510 ST,6233,32MB,3.2G,W95 01-NOV-00 Basic Service 09 00 00 1 22.00 $22.00 38.000 FR.G2B2A-TB KN8253NSK2 PC 5510 ST,6233,32MM,3.2G,W95 01-NOV-00 Basic Service 09 00 00 1 22.00 $22.00 39.000 FS-CPQ05-IW COMPAQ IN WARRNTY UPLIFT;E 01 -FEB -01 SAMEDAY CPQ HWSVC! 09 00 00 A 1 17.00 $17.00 D07CQH3KS02 WTY EXPS 5122/03 40.000 FS-CPQ05-IW COMPAQ IN WARRNTY UPLIFT;E 01 -FEB -01 SAMEDAY CPQ HWSVC 09 00 00 A 1 17.00 $17.00 D030CQH3K468 WTY EXPS 10/30/03 41.000 FS-CPQ05-IW COMPAQ IN WARRNTY UPLIFT;E 01 -FEB -01 SAMEDAY CPQ HWSVC 09 00 00 A 1 17.00 $17.00 D032CQH3K032 WTY EXPS 3/4104 42.000 FS-CPQ05-1W COMPAQ IN WARRNTY UPLIFT;E 01 -FEB -01 SAMEDAY CPQ HWSVC 09 00 00 A 1 17.00 $17.00 D048FDRIK067 WTY EXPS 11/13/03 **** GROUP: HRDWRE 30.000 BA356-KC Exp, Unit, 7 dev, 16-bit SCSI 01 -SEP -00 DECService 24 24 24 1 25.74 $25.74 30.002 RZ29B.VW 4.3GB Wide W/Snap In Carrier 01 -SEP -00 DECService 24 24 24 8 28.60 $228.80 30.003 BA364-AA End for 4SBB/ICDStck.120V 01 -SEP -00 DECService 24 24 24 1 0.00 $0.00 30.005 BA356-KC Exp Unit, 7 dev, 16-bit SCSI 01 -SEP -00 DECService 24 24 24 1 25.74 $25.74 30.006 DSRVZ-MC DECserver 900TMI 32 NUS Conn 01 -SEP -00 DECService 24 24 24 1 2 70.07 $140.14 30.007 DFTMM-MA DECrepeater 900TM,Docs6No Pw 01 -SEP -00 DECService 24 24 24 2 30.03 $60.06 30.008 H7894 -MA DEChub 900 Power Supply 01 -SEP -00 DECServlm 24 24 24 1 10.01 $10.01 30.009 HSDIO-AD HSD10 16MB RCACHE DSSI All CON 01-NOV-00 DECServIm 24 24 24 1 24.31 $24.31 30.2000 WA.RCALL-M RECOVER -ALL SERVICE 01-NOV-00 Recover -All 24 24 24 UDAP $45.60 **** GROUP: COMIPQH **** Following located at: 321JOHN SARTAIN For service call: 800-354-9000 * 43.000 FS-CPQ05.WF COMPAQ INWAR SPL MOBILE SY 01 -MAR -01 NBD CPQ HW SVC 09 00 00 R 200 0.00 $0.00 WTY EXPIRES IV1102 * 43.2000 WA-RCALIAA RECOVER -ALL SERVICE 01 -MAR -01 Recover -All 09 00 00 UDAP $900.00 _i -g eir;b i an SERVICE AGREEMENT PA6E 7 UP 7 mplal 4of& capont CtPE. W nan COMPAQ Tmdan, a Canpaq Line Item I Model No. I Ser/Sery M Description4=atimVAdjustrnent Eff DateService 2S&S.NExrnpj Qty I Unit Price I Monthly Price BY EXECUTING THIS SERVICE AGREEMENT,ELIGIBLE PURCHASER (CUSTOMER)AGREES TO THE TERMS CONTAINED IN ADDENDUM A OF THIS SERVICE AGREEMENT. This agreement was Prim Protected $8.00 based an a maximum agreement increase of 0.00%. *** UNADJUSTED MONTHLY CHARGE Exempt from UPLIFT' S. Exempt from DISCOUNT $: Exempt from ALLOWANCE % 8.00% SITE DOLLAR VOL DISCOUNT -K" 3.00% CORPORATE VOL DISCOUNT-K(VG 8.00% MULTI-YEAR DISCOUNT-KfYD 43.00% ALLOWANCFJXA *** ADJUSTED MONTHLY CHARGE *** PREVIOUS MONTHLY CHARGE *** INCREASE In Monthly Charge A prorated Prepayment Discount will be applied to the net charge or eligible added line Items at the time of Invoking. 01 -SEP -00 Grass, Admin CC., Dbaniaa0i L _:Aa; $62437- $234.12. $62437- $2,771.07- $4,710.37 $3,810.37 $900-00 10 CITY COUNCIL AGENDA MEMORANDUM Date: February_ 26, 2001 AGENDA ITEM: Appropriating $35,822.41 fi.om the State of Texas in the NO. 6010 Trust Fund - Law Enforcement Officer Standards and Education for training of police personnd. Amending the FY 00-01 budget adopted by ordinance NO. 024130 by adding $35,822.41 to the NO. 6010 Trust Fund - Law Enforcement Officer Standards and Education; and declaring an emergency. ISSUE:. Based on the Government Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel. The funds must be appropriated annually when the check is received. BACKGROUND INFORMATION: The funds are received from the State as directed by Government Code, Section 415.0845 (see attached letter and government code) to make an annual allocation fi.om the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full-time law enforcement officers and support personnel. The amount of funds received depends on the number &personnel we have as of January 1 of each year. REQUIRED COUNCIL ACTION: Appropriation of funds. RECOMMENDATION: Staff recommends appropriation of funds. ADDITIONAL SUPPORT MATERIA I, 1) Letter fi.om the State of Texas Comptroller of Public Accounts 2) Government Code, Section415.0845 Sec. 415.0845. Money Allocated and Used for Continuing Education. (a) Not later than March 1 of each calendar year, the comptroller shall allocate money deposited during the preceding calendar year in the general revenue fund to the credit of the law erfforcement officer standards and education account for expenses related to the continuing education of persons licensed under this chapter as follows: (1) 20 percent of the money is allocated to all local law enforcement agencies in the state in equal shares; and (2) 80 percent of the money is allocated to all local law enforcement agencies in the state in a share representing a fixed amount for each position in the agency, as of January 1 of the preceding calendar year, that is reserved to a person who: (A) is licensed under this chapter; (B) works as a peace officer on the average of at least 32 hours a week; and (C) is compensated by a political subdivision of the state at the rate of the minimum wage or higher and is entitled to all employee benefits offered to a peace officer by the political subdivision. (b) Not later than November 1 of each calendar year, each local law enforcement agency shall report to the comptroller the number of positions in the agency as of January 1 of that year described by Subsection (a)(2). (c) The head of a law enforcement agency shall maintain a complete and detailed written record of all money received and expended by the agency under this section. All money received under this section is subject to audit by the comptroller. All money spent under this section is subject to audit by the state auditor. (d) A local law enforcement agency shall use money received under Subsection (a) only as necessary to ensure the continuing education of persons licensed under this chapter or to provide necessary training, as determined by the agency head, to full-time fully paid law enforcement support personnel in the agency. (e) A local law enforcement agency may not use money received under Subsection (a) to replace funds that are provided to the agency by the county or municipality having jurisdiction over the agency on a recurring basis for training law enforcement officers and support personnel. Added by Acts 1995, 74th Leg., ch. 585, Sec. 5, eft Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 915, Sec. 1, ere June 18, 1997. TEXAS COMPTROLLER OF PUBLIC ACCOUNTS AUSTIN, TEXAS 78774-0100 FeDruary 23, 2001 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469-0000 Vendor number: 17460005741-051 Enclosed is your annual allocation payment from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 35,822.41. 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 or licensed jailer 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 2oo2, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2002 Allocation Basis form to us no later than April 06, 2001. The information provided on this form must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us toll free at 1-800-531-5441, extension 3-4530, if you have any questions or if we can be of assistance. The Austin number is 512/463-4530. (From a ~commun~at~ns Devoe ~r the Deaf ~DD ) ON£ Y call 1-800-248-4099 ton free, Re Austin TDD number ~ 512~65~621. ) Enclosures TREASURY WARRANT NO. TO THE ORDER OF Ih,,Ih,h,h,hlh,h h,hh,lh,,,,,Ihlh,,,,Ihlh,,,Ihl CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI, TX 78469-9016 VOID AFTER 08/31/2003 THE STATE OF TEXAS PAYMENT INFORMATION INVOICE NO. INV. DATE INVOICE DESCRIPTION DOC. NO. INVOICE AMOUNT PEACE OFF ALL PEACE OFFICER ALLOC FOR ADDITIONAL INFORMATION ON NON-CONFIDENTIAL PAYMENTS VISIT; HHH. HINDOH. STATE. TX. US/COMPTROL/SAN/PAYMENT/PAYTOC. HTML OR CALL THE COMPTROLLER'S AUTOMATED PAYMENT INQUIRY SYSTEM TOLL FREE 1-877-309-5775 OR Ill AUSTIN, TX 1-512-475-4869 IDENTIFICATION NO: 17460005741 MAIL CODE: 051 PAYEE NAME: CITY OF CORPUS CHRISTI POLICE DEPARTNENT PAYING AGENCY: COMPTROLLER - FTSCAL PAYING AGENCY PHONE NO: SlZ-463-~+.R6! pAyTNO AGENCY NO: NARRANT NO: 16287018[ ISSUE DATE: 0Z/II/Z001 HARRANT TOTAL: No. 162870181 -- NOT NEGOTIABLE -- ORDINANCE APPROPRIATING $35,822.41 FROM THE STATE OF TEXAS IN THE NO. 6010 TRUST FUND - LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR TRAINING OF POLICE PERSONNEL; AMENDING THE FY 00~01 BUDGET ADOPTED BY ORDINANCE NO. 024130 BY ADDING $35,822.41 TO THE NO. 6010 TRUST FUND-LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $35,822.41 is appropriated from the State of Texas in the No. 6010 Trust Fund- Law Enforcement Officer Standards and Education for training of police officers. SECTION 2. The FY 00-01 budget adopted by Ordinance No. 024130 is amended by adding $35,822.41 to the No. 6010 Trust Fund-Law Enforcement Officer Standards and Education. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED ~c-~'*'~'~ 3-g, 2001; JAMES R. BRAY, JR., CITY ATTORNEY Lisa Agmlar, Assistant C~ty Attorney 11 CITY COUNCIL AGENDA MEMORANDUM Date: March 13, 2001 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an amendment to the Interlocal Agreement with the Coastal Bend Council of Governments that is funding the purchase of a Mobile Water Injection System (Water Truck) for the City's composting operations. ISSUE: Amend the Interlocal Agreement to extend the length of the term for the Water Injection System identified to be purchased and used at the J. C. Elliott Landfill. BACKGROUND: Council approved the original Interlocal Agreement (Resolution 02403) on May 9, 2000. The City was unable to contract for the purchase of the Mobile Injection System (Water Truck) within the time frame specified in the initial time period allowed in the Interlocal Agreement. A request was submitted to the Coastal Bend Council of Governments (CBCOG) on February 26, 2001 to extend the contract date of the agreement. On February 26, 2001, CBCOG approved the request for the extension of time. REQUIRED COUNCIL ACTION: In accordance with the Interlocal Agreement, Article 13, paragraph (a) (2) and (b) which states "Implementation of a Major Change must be preceded by a formal written amendment to the Agreement." RECOMMENDATION: City staffrecommends the City Council approve amendment of the Interlocal Agreement with the Coastal Bend Council 0f/G/~fxTmments. ~r~fawrence Mikolq~k Interim Director Solid Waste Services Coastal Bend Council COMMISSIONER OSCAR ORTIZ chairman of Governments February 26, 2001 Lawrence Mikolajczyk, Interim Director City of Corpus Christi, Solid Waste Services P.O. Box 9277 Corpus Christi, TX 78469 RE: 00-20-G12/Contract Extension and Water Injection System Specifications Dear Mr. Mikolajczyk: I have received your letter detailing the specification for your water injection system and requesting that your contract be extended to May l, 2001. I hear by give the City of Corpus Christi authorization to extend the 00-20-G12 contract date and utilize funds to purchase the water injection system specified in the letter. The CBCOG's grant to the City of Corpus Christi is for $32,226.00 and any cost incurred over this amount will not be reimbursed by the CBCOG. As soon as a cost is incurred send your reimbursement request accompanied by proper documentation. Enclosed are the amended contract pages, they should be inserted into you contract for your files. If you have any further questions, please call me. Sincerely, Veronica Gonzalez, Environmental Coordinator cc. John Buckner, Executive Director, CBCOG enclosures LOCATION: 2910 LEOPARD STREET MAILING ADDRESS: P.O. BOX 9909 PHONE: (361) 883-5743 CORPUS CHRISTI, TEXAS 78469 Coastal Bend Council of Governments Solid Waste Grant lnterlocal Agreement Special Contract Provisions Attachment B Article l Period of Performance The period of performance of this agreement begins on F-~ and ends on May 1. 2001. Article 2 Scope of Services (a) All parties agree that the SUBCONTRACTOR, in consideration of compensation described in this Attachment and SUBCONTRACTOR Budget and Authorizations (Attachment E of this Agreement), shall provide the services with COG as specifically described in the Work Program of SUBCONTRACTOR (Attachment C of this Agreement) and Schedule of Deliverables from SUBCONTRACTOR (Attachment D of this Agreement). (b) The SUBCONTRACTOR agrees to implement the Project according to the agreed upon budget shown in Attachment E of this agreement. Article 3 COG Obligations (a) Measure of Liability In consideration of full and satisfactory performance hereunder, COG will be liable to SUBCONTRACTOR in an amount equal to the actual costs incurred by SUBCONTRACTOR in rendering such performance, subject to the following limitations: 1. COG is not liable for expenditures made in violation of "General Provisions for Texas Natural Resource Conservation Commission's Standards Applicable to Implementation Projects and Supplemental Funding Standards",as described in Articles 8 and 9 of this Agreement, which outline prohibited activities as defined by the Texas Natural Resource Conservation Commission (TNRCC). 2. COG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this agreement which have not been billed to COG within thirty (30) days following termination of this agreement. 3. COG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of this agreement or after termination of this agreement. 4. Except as specifically authorized by COG in writing, COG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in Federal OMB Circular A-87. Coastal Bend Council of Governments B-1 Coastal Bend Council of Governments Solid Waste Grant lnterlocal Agreement Work Program of SUBCONTRACTOR Attachment C Goal: The City of Corpus Christi will purchase a mobile water injection system for the maintenance and development of"hot composting" windrows in their brush grinding/composting operation at the landfill.. Objective 1: Purchase and install water injection system. Task la: Prepare bid specifications and advertise bid. Time Frame: March 2001 Task 1 b: Award contract Time Frame: April 2001 Task 1 c: Accept delivery of complete system. Time Frame: April 2001 Objective 2: Operate Scarab with newly installed water injection system. Task 2a: Test and operate water injection system in composting program. Time Frame: April 2001 Task 2b: Begin using system in composting area. Time Frame: April 2001 Objective 3: Report progress of the work program task and measure program effectiveness. Task 3a: Submit to the CBCOG bimonthly progress reports documenting the progress of each task and reporting program statistics, including: 1. Amount (in tons) of brush and yard waste diverted. 2. Average monthly diversion amount (in tons). 3. Number of months material collected, 4. Amount of individuals served. 5. Total revenue from sale of material. 6. Average monthly disposal cost avoided. Time Frame: Bimonthly progress reports: May 7, 2000; July 7, 2000; September 7, 2000; November 7, 2000; January 7, 2001; March 7, 2001; May 7, 2001 Collection of program statistics ongoing. Coastal Bend Council of Governments C-l RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS THAT IS FUNDING THE PURCHASE OF A MOBILE WATER INJECTIOH SYSTEM (WATER TRUCK) FOR THE CITY'S COMPOSTING OPERATION. WHEREAS, the City of Corpus Christi ("City") has entered into an interlocal agreement with the Coastal Bend Council of Governments ("CBCOG") to fund the purchase of a mobile water injection system ("water truck") for the City's composting operation; and WHEREAS, the City has encountered problems that prevented the City from contracting for the purchase of the water truck within the time period allowed in the interlocal agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute an amendment extending the term of the interlocal agreement with the Coastal Bend Council of Governments that funds the purchase a mobile water injection system (water truck) for the City's composting operation. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 8th day of March, 2001. James R. Bray Jr., City Attorney . R. ~'y,I;(eining First Assistant City Attorney Samuel L. Neal, Jr. Mayor R13315A1 wpd 12 AGENDA MEMORANDUM March 6, 2001 Agenda Item: Motion authorizing the City Manager, or his designee, to rebate excess arbitrage interest eamings to the U. S. Treasury on the Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995; and the General Improvement Bonds, Series 1995-B. Issue: Arbitrage interest eamings result from excess eamed from investing Iow-yielding tax-exempt bond proceeds in higher-yielding taxable securities until the funds are fully expended. The Tax Reform Act of 1986, Section 148(F) of the I ntemal Revenue Code, requires rebate of arbitrage earnings on each bond issue's five-year anniversary date. To maintain the City's tax-exempt status, the City must comply with all U.S. Treasury regulations· Funding Source: The City must rebate $40,040.19 on the Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995, and $33,248.55 on the General Improvement Bonds, Sedes 1995-B. Both bond issues have reached their five-year anniversary date and require the rebate payments to the U.S. Treasury on or before March 19, 2001. Prior Council Actions: Due to the complex nature of arbitrage/rebate regulations issued by the U.S. Treasury, the City contracted with First Southwest to perform arbitrage/rebate calculations. The City currently has 27 bond issues requiring calculations. Required Council Action: City Council approval is required for payments exceeding $15,000. Recommendation: Staff recommends that Council authorize the City Manager, or his designee, to rebate excess arbitrage interest earnings to the U. S. Treasury on the Combination Tax and Solid Waste Revenue Certificates of Obligation, Sedes 1995 and the General Improvement Bonds, Sedes 1995-B. Financial Services Attachment A - Background Information Attachment B - First Southwest Asset Management Letter H:lFin-DidShared/AgendallRS Rebate 1995.doc BACKGROUND INFORMATION Section 148(F) of the Internal Revenue Code, as amended by the Tax Reform Act of 1986, requires that arbitrage interest earnings be rebated to the U. S. Treasury on the five-year anniversary dates of bond issues. Arbitrage interest calculations must be performed on any bond funds still being invested until fully spent. Arbitrage interest eamings result when tax-exempt bond proceeds are invested at higher rates than the City's cost of the bonds. The U. S. Treasury requires payment on excess arbitrage interest earnings on each five-year anniversary date. As contracted by the City, First Southwest Asset Management Company performs arbitrage/rebate calculations annually. Arbitrage/rebate calculations are complex and the regulations continue to be periodically modified by the U.S. Treasury. The City sets aside funds from excess interest earnings annually to pay the U.S. Treasury for rebates on each five-year anniversary date of each bond issue. On or before March 19, 2001, the City must rebate to the U. S. Treasury $40,040.19 on the Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995, and $33,248.55 on the General Improvement Bonds, Series 1995-B. Timely payment must be made to comply with the U.S. Treasury regulation regarding rebate payments to maintain the City's tax-exempt status. H:lFin-DirlSharedlAgendallRS Rebate 1995.doc Randee R. Wilson, CPA Senior Vwe prestdent HRST SOUTHWEST ASSET MANAGEMENT, INC. Ms. Dorothea Montoya City Treasurer City of Corpus Christi, Texas Department of Finance P.O. Box 9277 Corpus Christi, TX 78469- February 26, 2001 $ 11,035,000 City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 1995 Dear Dorothea: Enclosed are three copies of the arbitrage rebate report for the above-captioned bond issue for the installment period ending Janumy 16, 2001. One copy of the report should be sent cerdfied mail to the Internal Revenue Service no later than Monday, March 19, 2001. The package to the IRS should include the following: * Checkinthe amountof$40,040.19, * Transmittal Letter (draft enclosed), * Signed Form 8038-T (enclosed), and * Copy of First Southwest rebate report. The form 8038-T must be signed by an authorized representative of the Issuer (the individual who normally signs IRS Fonn 8038-G for new bond issues). Please send us a copy of the signed Form 8038-T for our records. If you have any questions, please do not hesitate to contact me at 1-800-678-3792 or directly at (214) 9534061. Sincerely, Randee Wilson 62129-Cover_30-5-003 1022 1700 Pactfic Avenue · Suite 1300 · Dallas, Fexas 75201 · 214-953-4061 · 1-800-678-3792 · Fax 214-953-41 l I FIRST SOUTHWEST ASSET MANAGEMENT, INC, Randee R. Wilson, CPA Ms. Dorothea Montoya City Treasurer City of Corpus Christi, Texas Department of Finance P.O. Box 9277 Corpus Christi, TX 78469- February 26, 2001 $ 9,385,000 City of Corpus Christi, Texas General Improvement Bonds, Series 1995-B Dear Dorothea: Enclosed are three copies of the arbitrage rebate report for the above-captioned bond issue for the installment period ending Janua]y 16, 2001. One copy of the report should be sent certified mail to the Internal Revenue Service no later than Monday, March 19, 2001. The package to the IRS should include the following: * Checkinthe amountof$33,248.55, * Transmittal Letter (draft enclosed), * Signed Form 8038-T (enclosed), and * Copy of First Southwest rebate report. The form 8038-T must be signed by an authorized representative of the Issuer (the individual who normally signs IRS Form 8038-G for new bond issues). Please send us a copy of the signed Form 8038-T for our records. If you have any questions, please do not hesitate to contact me at 1-800-678-3792 or directly at (214) 953-4061. Sincerely, Randee Wilson 1700 PacificAvenue · Suite 1300 · Da/lin, Fexas 75201 · 214-953-4061 · 1-800o678-3792 · tax 214-95.3-4111 13 AGENDA MEMORANDUM DATE: March 6, 2001 SUBJECT: Solid Waste and Landfill Business Plans, Landfill Contractor Procurement, Automated Collection and Recycling Procurement AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract in the amount of $174,550 with Gershman, Bdckner & Bratton, Inc. for Solid Waste Consulting Services to Develop Solid Waste and Landfill Business Plans, Landfill Contractor Procurement, Automated Collection and Recycling Procurement. ISSUE: Competition and financial constraints require the City explore alternatives to the current Landfill, Collections, and Recycling operating methods. FUNDING: Funds for this contract are available in the operating budget of the Solid Waste Services Department. RECOMMENDATION: Director of Solid Waste Services Approval of the motion as presented. (¢/2~Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A - Additional information Exhibit B - Contract Summary ADDITIONAL INFORMATION BACKGROUND: The opening of a new landfill has resulted in the loss of landfill revenue which impacts the General Fund. The future construction of the Cefe V. Valenzuela Landfill creates further complexity concerning future solid waste services for the City. The movement by the City to automate collections and to modify recycling operations require a comprehensive approach to future City Solid Waste Services. The complexity of landfills has been increasing due to the myriad of regulations adopted to ensure the proper disposal of solid wastes. These regulations have increased the cost of landfill construction and operations. Competition by private landfill operators require the City develop a pre-active business approach to its solid waste operations. PRIOR COUNCIL ACTION: ~ - Ordinance to authorize the City Manager, or his designee, to negotiate disposal contracts. CONSULTANT: Gershman, Brickner & Bratton, Inc., has provided consulting services for numerous other municipal clients across the country. CONTRACT: The contract provides for the development of business plans, landfill contractor procurement assistance, automated collection and recycling procurement. A complete list of services is provided in the Contract Summary. See Exhibit B. IMPLEMENTATION SCHEDULE: The implementation schedule provides for all services to be complete in approximately 270 days excluding the time required for selection and award of the landfill operator contract. RECOMMENDATION: Approval of the motion as presented. H:\HOME\KEVINS\GEN~SOLIDWST~REENGINE\^AWDBKG.EXA Exhibit A Page 1 of 1 II. CONTRACT SUMMARY SERVICES TO BE PERFORMED The Consultant will provide certain ongoing assistance as directed by the City Manager, or his designee, to ensure the timely, smooth transition to new services in efforts to modernize and lower its overall solid waste services costs. These services specifically relate to planning and implementing a business plan and changes to its solid wastes collection, recycling and disposal operations. The following tasks will be completed by the Consultant, which may be modified as the implementation process proceeds: SCOPE OF SERVICES The Consultant will assist in the procurement a contractor to construct, operate and manage the Cefe V. Valenzuela Landfill and to operate the J. C. Elliott Landfill, review the City's current and anticipated landfill costs, utilize cost data to develop a Landfills Business Plan, prepare a Landfill Business Plan for each City Landfill and advise City staff with guidance in the development of a Solid Waste Business Plan. Landfills Business Plan/Solid Waste Business Plan Consultant will assist the City in the preparation of a "Landfills Business Plan" as part of the landfill contractor procurement for its two landfills and its overall landfill development and operations program. The plan will be developed in substantial form prior to selection of contractor(s) for its two landfills and refined and finalized once the contractor(s) is (are) selected. Landfill Contractor Procurement Specific services to be completed by the Consultant will include: 1. organizing and conducting a procurement planning workshop with the City to review procurement issues, RFP needs, options to consider, contract terms, desired ropes and responsibilities, and approaches taken by other communities; 2. procurement planning to define RFP content, team roles and responsibilities, procurement schedule, proposal evaluation criteria, and other needs following the procurement planning workshop; 3. drafting the RFP with certain input from the City Solid Waste Service Department, Law Department, Purchasing Department, and Public Information Office, and certain other City advisors such as the City's landfill engineering consultant(s); 4. review and comment on up to three (3) draft construction and operating contracts; 5. coordinating issuance of the RFP by the City following drafting and internal review and approval of the document, including the draft contract(s) and all schedules, Proposal forms, and appendices; 6. organizing and attending a proposers' conference and site tour in the City to assist in answering questions of prospective proposers and clarifying RFP content and requirements; 7. responding in writing to comments and questions raised by prospective proposers after the RFP is issued, but before proposals are received, and preparing any addenda or supplements to the RFP in response to questions and/or to address procurement issues and clarification needs that may have been identified subsequent to the issuance of the RFP; 8. reviewing proposals as an integral member of the City's evaluation team and preparing review comments/evaluation forms and questions and clarification needs regarding each proposal; Exhibit B Page 1 of 2 reviewing responses to questions and clarification from proposers and attending interviews with proposers as part of the evaluation process; organizing and attending two intemal meetings with the evaluation team as part of the evaluation process; assisting in final selection of a contractor and in the preparation of an evaluation report or analysis supporting the selection, with input of evaluation team members; visiting and assessing facilities owned/operated by prospective proposers; assisting in negotiations of a final contract and business arrangement with the selected proposer's (four 8-hour negotiations sessions assumed); and providing briefing(s) to City Council to explain the procurement process and/or the basis of selection (two briefings assumed). Automated Collection and Recycling Services Procurement Planning Consultant will assist the City in planning for implementation of an automated waste collection system and procurement planning for curbside recyclables collection and recyclables processing services. The Consultant services will include: assistance in reviewing the City's bid specifications and providing general planning guidance for further development and implementation of an automated collection system; procurement planning with the City in its recyclables collection and processing procurement to help define the RFP content, contractor responsibilities, City responsibilities, expected contract issues and typical outline content of draft, procurement schedule, proposal review team member roles and responsibilities, evaluation criteria, and other needs and elements that will be important to a successful procurement; and reviewing the draft RFP prepared by the City and providing comments to the City. Summary of Services and Fees are listed as Table I - Summary of Fees. Table I - Summary of Fees: Task Description Fee II.A Landfill Business Plan & Solid Waste Business Plan 26,760 II.B Landfill Contractor Procurement 105,890 II:C Automated Collection and Recycling Procurement Planning 17,250 Travel and Per Diem Expense Allowance 24,650 TOTAL 174,550 Exhibit B Page 2 of 2 ,-~ Agenda Memorandum Ordinance authorizing and allowing under the Act Governing the Texas Municipal Retirement System, "Updated Service Credits" in said System on an annual basis for service performed by qualifying members of such System who at the effective date of the allowance are in the employment of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for the Ordinance; and providing for severance. ISSUE: As part of the two-year negotiated collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Police Officers' Association, the City has agreed to adopt an Ordinance authorizing the automatic annual renewal of 50% of the increase in the Consumer Price Index for retirees and beneficiaries of deceased retirees from December of the year immediately preceding the effective date of retirement to the December that is 13 months before the effective date of the retirement. As required by the TMRS Act, a governing body may not authorize and provide for annuity increases unless it simultaneously provides for updated service credits [Section 854.203, Subsection (h)]. This Ordinance will automatically update service credits and annuity adjustments annually based on an actuarially determined contribution rate effective _lanuary 1, 2002, and will continue until such time as it is discontinued by the adoption of another ordinance by the City Council. This Ordinance applies to all eligible City employees with the exception of Firefighters, who do not participate in TNRS, but who have pension benefits through the Firemen's Relief and Retirement Fund. See Attachment I for background information. REQUIRED COUNCIL ACTZON: City Council is requested to adopt this Ordinance to enable implementation of the recently negotiated Police collective bargaining agreement. FUNDING: The annual actuarial study conducted by TMRS will determine the City's contribution rate effective January 1, 2002, and January l of each year thereafter. The contribution rate. will be incorporated into the upcoming budget process for FY 2001-2002 and for each fiscal year thereafter. The City Council will be advised of the contribution rate during each budgetary process. The City's contribution rate will continue to be funded through individual departments' budgets. The contribution rate effective January 1, 2001, was included in the budget adopted for FY 2000-2001; therefore, adoption of this Ordinance does not require additional funding for FY 2000-2001. RECOI~IIqENDATZON: Staff recommends that this Ordinance be adopted to enable implementation of the provision recently negotiated in the Police collective bargaining agreement. arcia Director of Human Resources Date C:\My Documents~genda Items\TMRS repeating Ord council memo 3 01.doc ATTACHMENT I BACKGROUND INFORMATION: Under the Texas Municipal Retirement System Act (TMRS) that governs TMRS, the City's Contribution Rate is determined annually by the actuary for TMRS. The Contribution Rate is composed of three components: Normal Cost (the portion of the City's contribution rate that funds the adopted matching ratio) The Normal Cost Portion of the City's Contribution Rate is impacted by turnover of employment of members, changes in the number of members, changes in compensation, increased age of contributing members, and increases due to the phase in of changes in actuarial assumptions resulting from the 5-year experience study completed in 1998, and other actuarial factors. Prior Service (the portion of the rate for Prior Updated Service Credits; and Annuity Increases) The Prior Service Portion of the City's Contribution Rate is impacted by changes in payroll experience and historical trends; actuarial gains or losses (the difference between actual events compared to actuarial assumptions); inconsistent contributions, increases due to phase-in of changes in actuarial assumptions resulting from the 5-year experience study completed in 1998, and other actuarial factors. Retiree Annuity Adjustments (the portion based on a specific percentage of the increase in the Consumer Price Index over a designated 12 month period) Since 1986 the City has designated 40% of the increase in the Consumer Price Index for retiree annuity adjustments. Recent amendments to the 'I'IVIRS Act by the State Legislature revised the percentages available to cities from between 30% and 70% in increments of 10%, to a choice of either 30%, 50%, or 70%. In July 2000, the City Council increased the adjustment from 40% to 50% of the increase in the Consumer Price Index. Updated Service Credit uses a member's average monthly salary over a recent three~year period immediately prior to the study year, and recalculates the member's retirement credit as if the member had always earned that salary and made deposits, matched by the City, on the basis of that average monthly salary. DESCRZPTZON OF TMRS RETZREt4ENT PLAN: Employees (excluding Firefighters) are covered by TMRS for pension benefits, The City's program currently includes the following provisions: An employee deposit rate of five per cent Actuarially determined City contribution Ten-year vesting Survivor benefits for vested employees Occupational disability retirement options Military buy-back for vested employees 100% updated service credits Increases adjusted to 50% of the change in the Consumer Price Index for retirees Prepared by the Human Resources Department March 2001 C:XMy Documents~Agenda ItemsXTMRS repeating Ord council memo 3 01 .doc AN ORDTNANCE ORDINANCE AUTHORIZTNG AND ALLOWING UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETI~REMENT SYSTEM, "UPDATED SERVI~CE CREDTrS" ZN SATD SYSTEM ON AN ANNUAL BAS1'S FOR SERVI~CE PERFORMED BY (~UALI:FYTNG MEMBERS OF SUCH SYSTEM WHO AT THE EFFECT~/E DATE OF THE ALLOWANCE ARE ]'N THE EMPLOYMENT OF THE cTrY OF CORPUS CHRISTT; PROVt'DING FOR INCREASED pRI~OR AND CURRENT SERVI'CE ANNUTrTES FOR RETIREES AND BENEFTCI'ARt'ES OF DECEASED RETTREES OF THE CTrY; ESTABLTSHTNG AN EFFECTIVE DATE FOR THE ORDTNANCE; AND PROVTDt'NG FOR SEVERANCE. BE I'T ORDAZNED BY THE CZTY COUNC'rL OF THE CTTY OF CORPUS CHRZSTL, TEXAS: SECTION 1. Authorization of Updated Service Credits. The terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended (hereina~er referred to as the "TIVlRS Act'd, each member of the Texas Municipal Retirement System (hereinaffcer referred to as the "System'~ who has current service credit or prior service credit in the System in force and effect on the :L~ day of 3anuary of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TIVlRS Act). If the City has previously adopted, or if it hereafter adopts an ordinance authorizing Updated Service Credit for unforfeited credit for prior service or current service with any other participating municipality, the calculations and adjustments set forth in Section 853.601 of the TIVlRS Act shall apply to any such transferred service. (c) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. Page 2 of 3 (d) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. SECTION 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TNRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 50% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the municipality accumulation fund of the System. SECTION 3. Dates of Allowances and Increases. The initial allowance of Updated Service Credit and increase in retirement annuities hereunder shall be effective on January l, 2002, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on 3anuary 1 of each subsequent year until this Ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TNRS ACt, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. Page 3 of 3 SECTION 4. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1~ day of .]anuary 2002. SECTZON 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final 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 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. ATTEST: THE Cxl Y OF CORPUS CHRZSTZ Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED ~c J Alex Lopez Assistant City Attorney 2001, .]ames R. Bray, Jr., City Attorney Prepared by the Human Resources Department March 200]. C:\My Documents~Agenda Items\TMRS Repeating Ordinance 3 01.doc 15 CITY COUNCIL AGENDA MEMORANDUM March 9, 2001 AGENDA ITEM: (1) Resolution supporting "A Proposal for Implementing the Rincon Bayou Diversions and Amending the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary;" requesting the Texas Natural Resource Conservation Commission to approve necessary amendments to the 1995 Agreed Order; and expressing appreciation for efforts of the Nueces Estuary Advisory Council. (2) Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII, Water Conservation, of Chapter 55, Utilities, to establish automatic water conservation measures, to codify !he rules governing drought contingencies and establishing permanent water conservation measures, and to direct an operations plan for the reservoir system; amending the Water Conservation and Drought Contingency Plan by deleting the references to specific reservoir levels in section 2.1 of the Drought Contingency Plan; amending the Water Conservation and Drought Contingency Plan by repealing Section 2.2 of the Drought Contingency Plan; revising and clarifying certain other provisions of Article XII of Chapter 55: providing for penalties; providing for severance; and providing for publication. ' (3) Motion authorizing the City Manager to retain HDR Engineering to provide engineering services for design and bidding services related to re-opening the Rincon Overflow Channel at a price not to exceed $40,000, to provide construction services for the Rincon Channel project at a price to be negotiated, and to provide services related to construction ora pipeline from the Calallen Reservoir to the Nueces Delta at a price to be negotiated. ISSUE: Late last year the Council authorized staffto explore whether agreement could be reached among the City and other interested parties for the City to re-open the channel to continue the Rincon Project (proven environmentally beneficial to the Nueces Estuary by the Bureau of Reclamation) in return for reduced pass-through requirements from the reservoir system. The Nueces Estuary Advisory Council ("NEAC") met on the City's proposal and appointed a Working Group to evaluate the proposal. The Working Group reached consensus on the outlines ora modified proposal. The Council authorized staffto proceed to finalize an amendment to the Agreed Order for pass-throughs consistent with the modified proposal. Subsequent meetings with the Working Group fleshed out details of the Plan. On March 6, the full NEAC considered that Plan and, after due deliberation, approved the proposal by consensus. The Plan will economically supplement our water supply by increasing reservoir system firm yield by 3,200 acre-feet annually. This will be accomplished by automatically reducing the City's obligation to pass through water to 1,200 acre-feet when system storage is less than 40% of capacity, and suspending the obligation entirely when supplies go below 30% of capacity. This relief from pass-throughs will be effective immediately upon action by TNRCC and will remain in effect if the City meets two specific deadlines noted below. In consideration, the City will: l) reopen the Rincon Overflow channel by the end of this year, 2) construct a pipeline and pumps to deliver up to 3,000 acre-feet per month of pass-throughs to the Upper Nueces Delta by the end of 2002; and 3) implement a monitoring program to evaluate the benefits. Capitol costs are estimated to be around $5.5 million. In addition, the City will automatically implement conservation measures as follows: 1) when system supply goes below 50% of capacity, initiate enhanced communications to the public on water conservation and the importance of estuaries, 2) when supply goes below 40%, prohibit outdoor watering of vegetation from 10:00 a.m. to 6:00 p.m., and 3) when supply goes below 30%, prohibit lawn watering more often than every five days. The plan contemplates that the City will continue its present policy of maximum use of Lake Texa. na. water and operating the Lake Corpus Christi/Choke Canyon Reservoir System to maximize system yield. The Plan, as finalized, would have these benefits to the City: 1) It would increase firm yield at a reasonable cost per acre-foot. 2) The decision when to implement drought measures is left completely to the judgment of future councils, prudently weighing all economic, human and other factors at that time. 3) The automatic measures at 50%, 40%, and 30% are targeted for demand reduction in watering grass and plants, and are supportable as good, routine conservation measures. 4) The health of the Nueces Estuary would be enhanced, with consequent benefits to the area. Implementation of the Plan requires approval of the Texas Natural Resource Commission. A meeting of that agency is being scheduled for April 4. Two action items are submitted for Council approval. First is a resolution supporting the proposal, requesting TNRCC approval, and expressing appreciation for NEAC's efforts. Second is an ordinance enacting the automatic water conservation measures in the proposal, subject to TNRCC approval. The ordinance also: a) removes references in the present water conservation plan to specific reservoir levels corresponding to particular drought conditions (thus leaving discretion as to implementation of any specific condition), b) continues operation of the reservoir system to maximize water supply, with Lake Corpus Christi allowed to go down to 74 feet mean sea level before releases from Choke, and c) codifies the water conservation plan for easier reference and makes other clean-up and clarifying changes. In order to meet the short timeline for the re-opening of the Rincon Overflow Channel, it is necessary to immediately procure engineering services for the design and bid phase. HDR Engineering has been previously hired to assist the Project and they are very knowledgeable of its requirements. Their scope of services for the required design and bid phase is attached. The services are proposed at a cost of $28,000 for the design phase and $12,000 for the bidding phase. Attached are: 1) the Resolution; 2) Exhibit A to the Resolution which is the final Proposal; 3) Exhibit B to the Resolution which is proposed Amended Order which has been submitted to the TNRCC; 4) maps, charts and graphs prepared by HDR Engineering related to the Proposal; 5) the Ordinance; and 6) scope of services proposal of HDR Engineering. RECOMMENDATION: Approval of resolution and ordinance as submitted. Ron Mass~y,.Assistant/City Manager J~m~ Bray J, City Attorr3~y RESOLUTION SUPPORTING "A PROPOSAL FOR IMPLEMENTING THE RINCON BAYOU DIVERSIONS AND AMENDING THE 1995 AGREED ORDER ON FRESHWATER INFLOWS TO THE NUECES ESTUARY;" REQUESTING THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION TO APROVE NECESSARY AMENDMENTS TO THE 1995 AGREED ORDER; AND EXPRESSING APPRECIATION FOR EFFORTS OF THE NUECES ESTUARY ADVISORY COUNCIL WHEREAS, on April 28, 1995, the Texas Natural Resource Conservation Commission issued an Agreed Order (the "Agreed Order") amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214; and WHEREAS, from 1995 to 1999 the United States Bureau of Reclamation operated the Rincon Bayou Demonstration Project to evaluate the feasibility of increasing water exchange between the Nueces River tidal segment and the Upper Rincon Bayou, and the Bureau's Concluding Report documented positive effects on the Rincon Bayou and Upper Nueces River Delta; and WHEREAS, the Rincon Bayou Demonstration Project and evidence from other studies over the years suggested an oppommity to: (1) better manage the limited resources of the Nueces River Basin for the benefit of the Nueces Estuary, and (2) at the same time supplement municipal and industrial water supplies for the Corpus Christi area by increasing the annual firm yield of the Lake Corpus Christi/Choke Canyon Reservoir System; and WHEREAS, on Janua~ 17, 2001, the City of Corpus Christi and the Nueces River Authority presented a proposal to the Nueces Estuary Advisory Council to accomplish said purposes of benefitting the estuary and increasing water supplies; and WHEREAS, the Nueces Estuary Advisory Council appointed a Working Group to oversee development of a detailed implementation plan for the proposal, including representatives of the City of Corpus Christi, the Nueces River Authority, the Coastal Bend Bays and Estuaries Program; the Coastal Bend Bays Foundation, the Sierra Club, the Center for Coastal Studies of Texas A&M University - Corpus Christi, Environmental Defense, the Port Industries of Corpus Christi, and the Texas Parks and Wildlife Department; and WHEREAS, after several meetings and much deliberation, the Working Group reached consensus on an implementation plan (the "Implementation Plan") to be accomplished through amendment to the Agreed Order; and WHEREAS, on March 6, 2001, ~he full Nueces Estuary Advisory Council considered the ljrb4501009.wpd Implementation Plan developed by the Working Group and reached consensus in favor of said Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: - SECTION 1. The City of Corpus Christi supports "A Proposal for Implementing the Rincon Bayou Diversions and Amending the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary," a true copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The City of Corpus Christi requests the Texas Natural Resource Conservation Commission to approve, in all material aspects, the Amended Agreed Order, attached hereto as Exhibit B and incorporated herein by reference. SECTION 3. The City of Corpus Christi recogn/zes and appreciates the cooperative and constructive efforts of the members of the Nueces Estuary Advisory Council in reaching consensus on the Implementation Plan. ljrb4501009.wpd ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal Form Approved March 9, 2001 James R. Bray, Jr. City Attorney By: ~,g, ~ A PROPOSAL FOR IMPLEMENTING THE "RINCON BAYOU DIVERSIONS" AND AMENDING THE 1995 AGREED ORDER ON FRESHWATER INFLOWS TO THE NUECES ESTUARY Submitted to the Texas Natural Resource Conservation Commission By: The City of Corpus Christi and the Nueces River Authority With the Consensus of the Nueces Estuary Advisory Council SUMMARY The City of Corpus Christi (City) and the Nueces River Authority (NRA) propose to implement the "Rincon Bayou Diversions" to enhance the exchange of water from the Nueces River into the Upper Rincon Bayou in order to improve the ecological productivity of the Nueces Delta/Nueces Estuary system. In consideration for committing to the attached "Implementation Plan and Timetable" for constructing, operating and maintaining these diversion facilities as permanent projects, the City and NRA also propose to amend the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary (1995 Agreed Order) to immediately modify the level of drought management measures required to be implemented in order to obtain the reductions in monthly inflow targets now available under the 1995 Agreed Order when reservoir storage levels fall below 40 percent of reservoir system capacity. PROCESS FOR IMPLEMENTING THE RINCON BAYOU DIVERSIONS AND AMENDING THE 1995 AGREED ORDER The Texas Natural Resouce Conservation Commission (TNRCC) is the state agency that regulates water rights in Texas, and therefore administers provisions of Certificate of Adjudication No. 21-3214 (Certificate), jointly held by the City and NRA, which authorizes the impoundment and diversion of waters of the state from the Frio River at Choke Canyon Reservoir. Beginning in 1990, TNRCC and its predecessor agencies have issued a series of orders governing the operations of the Choke Canyon/Lake Corpus Christi Reservoir System (Reservoir System) with respect to freshwater inflows to the Nueces Estuary as required under Special Condition 5.B. of the Certificate. In 1992, TNRCC, by effect of the "Interim Agreed Order" on freshwater inflows to the Nueces Estuary, established the Nueces Estuary Advisory Council (NEAC) as the designated body of stakeholders charged with reviewing proposed changes to the freshwater inflow operating plan for the Nueces Estuary. Later amendments to the 1992 Agreed Order (the "1995 Agreed Order") continued to authorize NEAC to review any proposed changes to the new "pass-through" operating plan for freshwater inflows. At a NEAC meeting on January 17, 2001, the City and NRA presented an initial proposal for the Rincon Bayou Diversion improvements and associated amendments to the 1995 Agreed Order. NEAC members agreed to establish a working group, or steering committee, of principal stakeholders to oversee the development of a. detailed implementation plan for this proposed project. This working group, facilitated, by the TNRCC, includes representatives of the following entities and organizations: the Cityi; NRA; Coastal Bend Bays and Estuaries Program; Coastal Bend Bays Foundation; Sierra Club; Center for Coastal Studies, Texas A&M University - Corpus Christi; Environmental Defense; Port Industries of Corpus Christi; and Texas Parks and Wildlife Department. The working group met several times over the past month to consider the City/NRA proposal for the Rincon Bayou Diversions and amendments to the 1995 Agreed Order. After considerable deliberation, the group reached consensus on an implementation plan for the Rincon Diversions and the proposed amendment to the 1995 Agreed Order. The following proposal and work plan was developed with the consensus of the working group. It defines the measures of relief from the pass-through requirements that would be available and how this relief would be contingent upon implementation of certain discrete elements of the City of Corpus Christi's Water Conservation and Drought Management Plan and timely implementation of specific elements of the Rincon Bayou Diversion project. This proposal was presented to NEAC for consideration and approval on Mamh 6, 2001. Based on there being consensus among members of NEAC regarding the proposal, the City, NRA and Three Rivers will file a motion to amend the 1995 Agreed Order, seeking to have the motion scheduled for consideration by the TNRCC on April 4, 2001. BACKGROUND Certificate of Adjudication No. 21-3214 authorizes the City and NRA to impound waters of the Fdo River in Choke Canyon Reservoir, and to divert and use up to 139,000 acre-feet per year of water for municipal and industrial water supply purposes. Choke Canyon Reservoir is also authorized to be operated in conjunction with Lake Corpus Christi, located downstream on the Nueces River, to produce a combined system yield of 252,000 acre- feet per year.- During permitting, the construction of Choke Canyon Reservoir and its operation in conjunction with Lake Corpus Christi, there were concems regarding the protection of freshwater inflows to the Nueces Estuary, including reductions in the amount of freshwater flooding occurring in the upper Nueces Delta. A provision for minimum freshwater inflow amounts to the Nueces Estuary was addressed in Special Condition 5.B. of Certificate of Adjudication No. 21-3214. This provision was implemented by a sedes of freshwater inflow operating orders issued by the TNRCC beginning in 1990. The matter of delivering desirable and useful quantities of freshwater inflows into the Nueces Delta continues to be studied. Numerous studies (Bureau of Reclamation 1975, U.S. Fish and Wildlife Service 1980, Texas Department of Water Resources 1981, Espey, Huston and Associates 1981, U.S. Fish and Wildlife Service 1984, HDR, et al. 1991, HDR et al. 1'993) have suggested that a superior alternative to sending freshwater inflows to Nueces Bay is to deliver additional quantities of freshwater into the Nueces Delta either by breaching the banks of the Nueces River at some point(s) below the Calallen Saltwater Barrier Dam and/or by diverting treated wastewater effluent via pipelines. The potential benefits of freshwater diversions to the Nueces Delta are: Restoration of more "natural" salinity gradients in the upper Nueces Delta, where, historically, periodic flooding events had flushed out salts concentrated in the soils and the water column during Iow flow conditions; Restoration of typical delta/estuarine ecological functions, which had been lost largely to the hypersaline conditions and lack of nutrient inputs, both of which limit primary productivity and cause loss of habitat; and Restoration of hydrologic functions which transport nutrients and detritus into and out of the wetlands within the delta complex, making these materials available to various trophic levels within both the delta and the larger estuarine ecosystem. By the early 1990's, efforts to test the feasibility of these diversion projects were implemented. Eventually, two separate diversion demonstration projects evolved: The City authorized and implemented the Allison Wastewater Diversion Demonstration Project, which re-routes approximately two million gallons per day (2 MGD) of treated effluent from its historical discharge location in the Nueces River tidal segment to a new discharge point adjacent to "South Lake," a tidal pond in the Nueces Delta. Construction on the project was completed in 1997 and treated wastewater discharges were initiated in 1998. Project monitoring began prior to construction and has continued through the first two years of operation. Initial data indicate positive benefits and the City continues to operate and support the project. The U.S. Bureau of Reclamation (BuRec) authorized and constructed the Rincon Bayou Demonstration Project, designed to evaluate the feasibility of increasing water exchange between the Nueces River tidal segment and the Upper Rincon Bayou. This demonstration project involved excavating both a "Nueces Overflow Channel" at a point just downstream of the 1-37 bridge, where the upper Rincon Bayou had historically connected to the Nueces River, and a "Rincon Overflow Channel" connecting the upper Rincon Bayou with an area of tidal flats in the northern portion of the Nueces Delta. Baseline monitoring for the project began in October 1994. Excavation of the overflow channels was completed in October 1995. Monitoring continued through December 1999, and the demonstration project terminated with the backfilling of the Nueces Overflow Channel in September 2000. The Concluding Report for the Rincon Bayou Demonstration Project documents the effects of the project on the hydrography and ecology of Rincon Bayou and the upper Nueces Delta. In terms of hydrography (or hydrology), the breaching of the river bank at the upper end of the Rincon Bayou increased "the opportunity for larger, more frequent diversions of fresh water" (BuRec 2000). The report noted that there were three types of resulting diversion events: positive flow events - infrequent, large volume flows from the Nueces River into Rincon Bayou; tidal fiat inundation events -- very large positive flow events resulting in flow through the Rincon Overflow Channel and general inundation of the tidal fiats areas of the upper delta; and exchange events -- more frequent, smaller flows that resulted from daily differences in water level elevations between Rincon Bayou and Nueces Bay or Nueces River. In the relatively short duration of the demonstration project, these diversion events helped to restore a more natural salinity regime in the Rincon_Bayou portion of the Nueces Delta. As a result of the various diversion events, "(A) significant degree of ecological function was returned to the Nueces Delta and Nueces Estuary ecosystems" (BuRec 2000). The Concluding Report documents positive responses in terms of: an increase in the primary productivity in the water column (phytoplankton) and on the surface of the sediments (microphytobenthos); an increase in the number and size of benthic organisms, as well as an increase in the number of benthic species; and an increase in the amount of plant cover and a corresponding decrease in the amount of bare areas in the emergent wetlands areas. The report recommends that the demonstration project features be incorporated into a permanent diversion project and that changes in the current operating plan for freshwater inflows to the Nueces Estuary (1995 Agreed Order) be designed to better facilitate the diversion of freshwater "pass-throughs" from the Choke Canyon/Lake Corpus Christi reservoir system through the project and into the upper Nueces Delta. With permanent diversion facilities in place, and continued monitoring, the Rincon Bayou Diversion Project could provide opportunities for "adaptive management" -- the process of monitoring and evaluating ecological responses to changes in freshwater inflows and incorporating this information into subsequent decisions on how to most effectively utilize the limited freshwater resources available to the estuarine environment. PROPOSAL TO IMPLEMENT THE "RINCON BAYOU DIVERSION PROJECTS" AND TO AMEND THE 1995 AGREED ORDER The water resoume management goals of this proposal are to (1) provide better management of the limited freshwater resources of the Nueces River Basin for the benefit of the Nueces Estuary and (2) to supplement municipal and industrial water supplies for the Coastal Bend area by increasing the firm annual yield of the reservoir system. The specific environmental management goals of the proposed projects are to enhance the salinity conditions and ecological functions of the Nueces Delta by providing increased freshwater inflows to the upper Nueces Delta, through both the Rincon Bayou Overflow Channel and a conveyance system to deliver water from the Calallen Pool directly into Upper Rincon Bayou. By this proposal, the City and NRA, joint holders of Certificate of Adjudication No. 21-3214 and parties to the 1995 Agreed Order, agree to: (1) (2) (3) acquire either easements or ownership of properties necessary to re-open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and the Rincon Bayou Overflow Channel permanent features of the Rincon Bayou Diversion; construct and operate a conveyance facility to deliver up to 3,000 acre-_f~eet per month of required Reservoir System "pass-throughs' directly from the Calallen Pool into the Upper Rincon Bayou; and implement an ongoing monitoring and assessment program designed to develop information on how the diversion of freshwater into the Upper Rincon Bayou affects the ecological function of various trophic levels within the Rincon Bayou/Nueces Delta system, as well as the Nueces River Tidal Segment. The monitoring data will be assessed and reported on an annual basis, with the annual monitoring cycle beginning on September 1 of each year and ending on August 31 of the following year, with the annual report due within 6 months, or by the end of February following the monitoring year end. Such monitoring data should, when integrated with other information (such as fisheries data) collected by various entities, help to facilitate an ongoing "adaptive management" program for freshwater inflows into the Nueces Estuary. In anticipation of the environmental enhancements to the Nueces Estuary that may accrue from these projects being proposed by the City and NRA, the NEAC agrees to support amendments to the 1995 Agreed Order that would increase the reservoir system yield and provide greater flexibility in the implementation of the City of Corpus Christi's Drought Management Plan. The proposed amendments to the 1995 Agreed Order would provide that: (1) VVhen the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus Chdsti shall issue public notice advising and informing the water users in the region of potential drought conditions, as well as outlining voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40 percent and/or 30 percent of total system storage capacity. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users in the region of potential drought conditions, as well as outlining voluntary conservation 'measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40 percent and/or 30 percent of total system storage capacity. (VVhen the combined reservoir system storage falls to 50% of total storage capacity, the City will immediately provide notification to the public by placing advertising in the Corpus Chn.'sti Caller- Times; in addition, the informational content of the City's ongoing public information/education programs on water conservation - conducted via both print and electronic media -- will be revised to emphasize additional water demand reduction measures that can be implemented to protect both the water supplies in the Choke Canyon/Lake Corpus Christi Reservoir System and freshwater inflows to the Nueces Estuary. Advertising and information will be designed to encourage voluntary reductions in both indoor and outdoor water use and-will include information educating the public about the importance of the Nueces Estuary to the regional economy, environment and quality of life. (2) In any month when Reservoir System Storage is less than 40 percent, but equal to or greater than 30 percent of total system storage capacity, the City of_Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces Bay to 1,200 acre-feet per month (1,200 acre-feet per month represents the quantity of water that is the median inflow into Lake Corpus Christi during the drought of record.). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10 am and 6 pm and are subject to additional conditions as described in the City of Corpus Christi's "Water Conservation and Drought Contingency Plan" ("Plan"). To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. (3) In any month when Reservoir System Storage is less than 30 percent of total system storage capacity, the City of Corpus Christi shall implement a five-day lawn watering schedule in addition to time of day outdoor watering restrictions (see 2.b.(2)) and shall suspend the passage of inflow from the Reservoir System for targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The five-day lawn watering schedule shall allow customers to water lawns once every five days, subject to the time of day restrictions described in 2.b.(2) and any additional conditions as described in the City's Plan. (4) Certificate Holders' rights to obtain whole or partial suspension of the passage of inflow through the Reservoir System is contingent upon the City implementing, and requiring its wholesale customers to implement, water conservation and drought management measures at the diminished Reservoir System levels, as set forth in subparagraphs 2.b.(2) and 2.b.(3), and enforcement of such requirements using the authority provided in City ordinances and codes to levy fines and penalties for violations of these particular provisions of the City's Water Conservation and Drought Management Plan and various wholesale water contracts. Recognizing that the restoration of the Nueces River Overflow Channel and the construction of a system to convey water from the Calallen Pool to the Upper Rincon Bayou area are significant undertakings, the NEAC Working Group has developed an Implementation Plan and Timetable (see Attachment A) for the Rincon Bayou Diversions. Initial elements of this plan are already underway, including the preliminary engineering and property acquisition efforts. However, while proceeding at an accelerated pace, full completion of these two components of the Rincon Bayou Diversions involves a number of steps that will likely depend on decisions and actions by other entities besides the project sponsors - i.e., issuance of permits for diversion of state water (TNRCC) and for construction in navigable waters (U.S. Army Corps of Engineers). The NEAC Working Group agrees, and requests that the full membership of NE. AC recommend to TNRCC, that the proposed amendments to the 1995 Agreed Order be effective immediately upon approval by TNRCC and continue to be available to the City so long as the progress on the implementation of the required projects follows as outlined in the timetable below. If in the event that the City fails to meet the final deadlines in this timetable, the NEAC Working Group would review the options for completing the projects and recommend additional amendments to the Agreed Order to address the situation at that time._. During the intervening time, however, the freshwater inflow operating rules would revert to the conditions of the 1995 Agreed Order. LITERATURE CITED Bureau of Reclamation, "Environmental Impact Statement for Choke Canyon Reservoir," December 1975. Bureau of Reclamation, "Concluding Report: Rincon Bayou Demonstration Project. Volume h Executive Summary," United States Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office, Austin, Texas. 2000. Espey, Huston and Associates, "Enhancement Potential Determination for the Nueces River/Deltaic Marsh System Study," 1981. HDR, et a/., "Nueces Estuary Regional Wastewater Planning Study, Phase 1," City of Corpus Christi, et al., November 1991. HDR, et al., "Nueces Estuary Regional Wastewater Planning Study, Phase 2," City of Corpus Christi, et al., March 1993. Texas Department of Water Resources, "Nueces and Mission-Aransas Estuaries: A Study of the Influence of Freshwater Inflows," January 1981. U.S. Fish and Wildlife Service, "Phase 4 Report - Studies of freshwater Needs of Fish and Wildlife Resources in Nueces-Corpus Christi Bay Area, Texas," August 1980. U.S. Fish and Wildlife Service, "Supplemental Fish and Wildlife Coordination Act Report, Choke Canyon Dam and Reservoir, Nueces River Project, Texas," 1984. ~MENT A: IMPLEMENTATION PLAN AND TIMETABLE FOR THE RINCON BAYOU DIVERSIONS Submitted to the Texas Natural Resource Conservation Commission Submitted by the City of Corpus Christi and the Nueces River Authority February 28, 2001 SCOPE OF WORK Nueces River Overflow Channel Project Preliminary Engineering: _ Review the Bureau of Reclamation's original design for the construction of the Nueces River Overflow Channel and compare with the "as-built" specifications of the project to assess design changes that might be required or desired. Identify the areal extent of inundation that the design channel would provide in order to define easement/property acquisition requirements for downstream properties. Develop preliminary cost estimates. Prepare information for permitting process. Permitting: Develop and submit application for state water right associated with diversion of water from the Nueces River into the Rincon Bayou/Nueces Delta area. Identify and apply for permits necessary for construction and operation of the overflow channels, O&M on project facilities, etc. Land Acquisition: Identify extent of land impacted by project construction and operation. Identify land ownership by tract in impacted areas; conduct title research. Evaluate most appropriate strategy for securing fights to access, develop and inundate impacted properties. Appraise value of various properties/easements. Contact landowners and make offers. Follow up and conclude necessary transactions. Final Engineering Design: Prepare final plans and specifications for Nueces River Overflow Channel construction, and ancillary construction in other portions of the project area. - Prepare detailed cost estimates. Bidding and Consfl'ucfion: - Commit/appropriate requisite funding for project construction based on engineering cost estimates - Advertise for Bids; Accept Bids; Evaluate Bids and Identify Low Bid - Negotiate and Award Construction Contract(s) - Establish and implement construction oversight process, including permit compliance measures - Construct project elements by no later than December 31, 2001 Calallen Pool to Rincon Bayou Water Conveyance Project Preliminary Engineering: Identify diversion and discharge locations. Identify pipeline/canal alignment and routing. _ Develop preliminary cost estimates and evaluate alternatives. Prepare information for permitting process. Permitting: Develop and submit application for state water right associated with diversion of water from the Nueces River into the Rincon Bayou/Nueces Delta area. Identify and apply for permits necessary for construction and operation of the diversion, conveyance and discharge structures, O&M on project facilities, etc. (i.e., Section 404 permit?) Land Acquisition: Identify land ownership at diversion site,along conveyance route and at dishcarge site; conduct title research. Evaluate most appropriate strategy for securing rights to construct, operate and maintain project facilities Appraise value of various properties/easements. Contact landowners and make offers. Follow up and conclude necessary transactions. Final Engineering Design: Prepare final plans and specifications for constructionof diversion facilities, pump station, pipeline or canal, and discharge structures, as well as ancillary construction in other portions of the project area. - Prepare detailed cost estimates. Bidding and Construction: - Commit/appropriate requisite funding for project construction based on engineering cost estimates - Advertise for Bids; Accept Bids; Evaluate Bids and Identify Low Bid - Negotiate and Award Construction Contract(s) - Establish and implement construction oversight process, including permit ' compliance measures - Construct project elements and begin operation no later than December 31, 2002 Project Monitoring and Assessment: Establish goals and objectives for long-term monitoring of the Rincon Bayou Diversions Design monitoring plan _ Coordinate monitoring program for the Rincon Bayou Diversions, in connection with existing monitoring efforts in the Nueces Delta (i.e., ongoing monitoring for the City of Corpus Christi Allison Wastewater Diversion Project, Texas Parks and Wildlife routine and targeted monitoring, TNRCC routine and targeted monitoring, Clean Rivers Program targeted monitoring, and special studies conducted by the Coastal Bend Bays & Estuaries program) Implement monitoring by September 1, 2001 Provide annual reports, due within six months of the end of each monitoring year (September 1 through August 31 of each year); annual reports will include an assessment of monitoring data and a review of the monitoring program in the context of other monitoring activities, and will provide recommendations regarding "adaptive management" measures designed to better integrate project facilities with the freshwater inflow operating policies 0 0 · 0 r- o o r- z 0 ° · ~I · , · ~ II I.~11 ! II "-' I~11 I I I I II =~1I II I II ~nlI II III : II III I ~ II III I 0 ~ o ~ ~ o ': o -- ~ ~--: -~ '~g ~ < 0 ~ ~'~ 0 ~ 0 Z HDR EngineeMng, Inc. Rincon Bayou Diversion Projects Project Facilities 0 1000 2000 3000 I Feet February 28th, 2001 Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 1 i TEXAS NATURAL RESOURCE CONSERVATION COMMISSION DOCKET NUMBER: 95-0616-WR IN RE: AGREED ORDER § ESTABLISHING OPERATIONAL § PROCEDURES PERTAINING TO § SPECIAL CONDITION $.B., § CERTIFICATE OF ADJUDICATION § NO. 21-3214, HELD BY THE § CITY OF CORPUS CHRISTI, § NUECES RIVER AUTHORITY, AND § THE CITY OF THREE RIVERS § BEFORE THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AN AGREED ORDER amending the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214 On , came to be considered before the Texas Natural Resoume Conservation Commission ("Commission") the Motion by the City of Corpus Christi and Nueces River Authority for the adoption of an amendment to the Agreed Order issued April 28, 1995, establishing operating procedures pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-3214, held by the City of Corpus Christi, the Nueces River Authority, and the City of Three Rivers" (the two cities and river authority shall be referred to herein as "Certificate Holders"). ARer hearing and considering the proposed operational procedures and the presentations of the parties, the Commission finds that it has authority to establish operational procedures under Special Condition 5.B. of Certificate of Adjudication No. 21-3214, and that operational procedures previously established should be amended. The Commission finds that, because of the need to continue to monitor the ecological environment and health of related living marine resources of the estuaries to assess the effectiveness of freshwater inflows provided by requirements contained in this Agreed Order relating to releases and spills from Choke Canyon Reservoir and Lake Corpus Christi (collectively referred to as the Reservoir System), as well as return flows, and to evaluate potential impacts which may occur to the reservoirs as welt as to the availability of water to meet the needs of the Certificate Holders and their customers which may result from those operational procedures, the existing advisory council should be maintained to consider such additional information and related issues and to formulate recommendations for the Commission's review. The Commission additionally finds that based on the preliminary application of the Texas Water Development Board's Mathematical Programming Optimization Model, (GRG-2), r Jimmy Bray - Corpus. Choke. 1995 TNRCC ORDER rev 2-23-01 .wpd Page 2 138,000 acre-feet of fresh water is necessary to achieve maximum harvest in the Nueces Estuary; and, therefore, when water is impounded in the Lake Corpus Christi-Choke Canyon Reservoir-v System to the extent greater than 70 percent of the system's storage capacity, the delivery of 138,000 acre-feet of water to Nueces Bay and/or the Nueces Delta, by a combination of releases and spills, together with diversions and return flows noted below, should be accomplished; and that during periods when the reservoir system contains less than 70 pemant storage capacity, reductions in releases and spills, along with diversions and return flows, are appropriate in that a satisfactory level of marine harvest will be sustained and the ecological health of the receiving estuaries will be maintained. The Commission finds that return flows, other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed mount of 54,000 acre-feet per annum (per calendar year), and that they shall be credited at this amount until such time as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre-feet per annum. The Commission finds that by contractual relationships, the City of Corpus Christi is the managing entity for operating the Reservoir System. When the Commission uses the word "release" in this Order, release means spills, inflow passage, intentional releases, and return flows; provided, however, under this Order no release from storage is required to meet conditions of this Order. By consenting to the issuance of this Agreed Order, no party admits or denies any claim, }aor waives with respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT: The City of Corpus Christi, as operator of the Choke Canyon/Lake Corpus Christi reservoirs (the "Reservoir System"), shall provide not less than 151,000 acre-feet of water per annum (per calendar year) for the estuaries by a combination of releases and spills from the Reservoir System at Lake Corpus Christi Dam and return flows to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for divemion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay), as computed and to the extent provided for herein. b. When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity, a target amount of 138,000 acre-feet is to be delivered to Nueces Ba~v and/or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target 2 Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 3 inflows to Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as follow: ~ January 2,500 July 6,500 Februa~ 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,500 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts, as calculated in Subparagraph d. c. When water impounded in the Reservoir System is less than 70 pement but greater than or equal to 40 percent of storage capacity, a targeted amount of 97,000 acre-feet is to be delivered to Nueces Bay and/or the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows. In accordance with the monthly schedule and except as provided otherwise in this Agreed Order, target inflows to Nueces Bay and/or the Nueces Delta shall be in the acre-foot amounts as follows: January 2,500 July 4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided, however, that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated in Subparagraph d. The amounts of water required in subparagraphs 1 .b. and 1 .c. will consist of return flows, and intentional diversions, as well as spills and releases from the Reservoir System as defined in this subparagraph. For purposes of compliance with monthly targeted amounts prescribed above, the spills and releases described in this paragraph shall be measured at the U.S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No. 082I 1500). Any inflows, including measured wastewater effluent and rainfall runoff meeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region, shall be credited toward the total inflow amount delivered to Nueces Bay and/or the Nueces Delta. Inflow passage from the Reservoir System for the purpose of comi31iance with the monthly targeted amounts prescribed in subparagraphs 1 .b. and 1 .c. shall in no case exceed the estimated inflow to Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 4 j Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir. The estimated inflow to Lake Corpus Christi as if there were no impoundment of inflows at Choke Canyon Reservoir shall be computed as the sum of the flows measured at the U.S. Geological Survey (USGS) STREAMFLOW GAGING STATIONS ON THE Nueces River near Three Rivers (USGS No. 08210000), Froi River at Tilden, Texas (USGS No. 08206600), and San Miguel Creek near Tilden, Texas (USGS No. 08206700) less computed releases and spills from Choke Canyon Reservoir. into the Nueces Bay/Nueces Delta Area - For purposes of compliance with monthly targeted amounts prescribed above, the spills and releases described in this paragraph shall be measured at the U. S. Geological Survey stream monitoring station on the Nueces River at Calallen, Texas (USGS Station No. 08211500). The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City. Relief from the above requirements shalI be available under subparagraphs (I) or (2) below and Section 2.(b) and 3.(c) at the option of the City of Corpus Christi. However, passage of inflow may only be reduced under one of those subparagraphs below, for any given month. (1) Inflows to Nueces Bay and/or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50) percent of the targeted requirement for the following month, based on the~amount received. (2) When the mean salinity in Upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52 ") for a 10-day period, ending at any time during the calendar month for which the reduction of the passage of inflow is sought, is below the SUB*, pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a) For any month other than May, June, September and October, if 5 ppt below the SUB for the month, a reduction of 25% of the cun'ent month's targeted Nueces Bay inflow; (b) If 10 ppt below the SUB for the month, a reduction of 50 % of the current month's targeted Nueces Bay inflow except that credit under this provision is limited to 25 % during the months of May, June, September and October; * "SUB" means "salinity upper bounds" as set forth more specifically in Section 3.b. (c) If 15 ppt below the SUB for that month, a reduction of 75% of the current month's 4 Jimmy Bray - Corpus. Choke1995 TNRCC ORDER rev 2-23-01 .wpd Page targeted Nueces Bay inflow. The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases, spills, return flows and other freshwater inflows. Certificate holders are to provide in any future contracts or any amendments, modifications or changes to existing contracts the condition that all wholesale customers and any subsequent wholesale customers shall develop and have in effect a water conservation and drought management plan consistent with Commission rule. The City of Corpus Christi shall solicit from its customers and report to the Commission annually the result of conservation under the City's plan, the customers' plans, and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system. This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C. §295.202. The Certificate Holders may obtain relief from targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph :ubparagrap~: ~ ~' ~'x ~ ~' ~ (]) When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system (Reservoir System Storage) falls below 50% of the total system storage capacity, the City of Corpus Christi shall issue public notice advising and informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of total system storage capacity. To the extent of its legal authority, the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of total system storage capacity. (2) In any month when Reservoir System Storage is less than 40%, but equal to or Kreater than 30% of total system storage capacity, the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall reduce targeted inflows to Nueces 5 Jimmy Bray - Corpus. Choke. 1995 TNRCC ORDER rev 2-23-01 .wpd Page 6 Bay to 1,200 acre-feet per month (1,200 acre-feet per month represents the quantity of water that is the median inflow into Lake Corpus Christi during the drought of -' record). Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m. and 6:00 o'clock p.m. and are subject to additional conditions as described in the CiW of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ("Plan")." To the extent of its legal authority, the of Corpus Christi shall require its wholesale customers to implement time of day outdoor watering restrictions similar to those of the City. (3) In any month when Reservoir System Storage is less than 30% of total system storage capacity, the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see subparagraph 2.b.(2)) and shall suspend the passage of inflow from the Reservoir System for targeted inflows to Nueces Bay. However, return flows directed into Nueces Bay and/or the Nueces Delta shall continue. The lawn watering schedule shall allow customers to water lawns no oftener than every five days, subject to the time of day restrictions described in subparagraph 2.b.(2) and any additional conditions as described in the City's Plan. .(~ Certificate Holders' rights to obtain whole or partial suspension of the passage of inflow through the reservoir is contingent upon the City implementing, and requiring its customers to implement, water conservation and drought management measures at ~-~ ~^"~'~ ^c ~ ..... ~,. ......... * ~'~ diminished Reservoir System levels, as set forth in subparagraphs b.(2) and b.(3) ~.(I) and b.(2). c. For purposes of this Agreed Order, Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey of each reservoir. As of 2001, completed bathymetric surveys of each reservoir reports conservation storage capacities 6 Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 7 of 695,271 acre-feet (below 220.5 feet mean sea level) for Choke Canyon Reservoir (Volumetric Survey of Choke Canyon Reservoir, TWDB September 23, 1993) and 24 241 acre-feet (below 94 feet mean sea level) for Lake Corpus Christi (Regional Water Supply Planning Study-Phase I Nueces River Basin, HDR, December, 1990)." ...... Percentage of the Reservoir System capacity shall be determined on a daily basis and shall govern, in part, the inflow to be passed through the reservoir during the remaining days of the month. Within the first ten days of each month, the City of Corpus Christi shall submit to the Commission a monthly report containing the daily capacity of the Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no impoundment of inflows at Choke Canyon Reservoir. The report shall indicate which gages or measuring devices were used to determine Reservoir System capacity and estimate inflows to Lake Corpus Christi. To gain the benefits of subparagraphs 2.b.(1) throuv, h 2.b.(3), the City shall: 1. Acquire ownemhip of properties necessary to re-open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features of the Rincon Bayou Diversion; 2. Construct and operate a conveyance facility to deliver up to 3,000 acre-feet per month of required Reservoir System "pass-throughs" directly from the Calallen Pool into the Upper Rincon Bayou; and 3. Implement an on-going monitoring and assessment program designed to facilitate an "adaptive management" program for freshwater inflows into the Nueces Estuary. (Some additional clarification should provided regarding the monitoring and assessment program.) 4. Construction necessary to implement subparagraph 2.f.l.shall be accomplished by December 31, 2001 and work necessary to accon~plish subparagraph 2.f.2. shall be accomplished by December 31, 2002. Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 8 5. In the event the City fails to timely complete the work set forth in subparagraphs 2.f. 1. and 2.f. 2., the provisions of the Agreed Order of April 28, 1995 shall become operative despite this amendment, unless the Executive Director grants a modification after considering the recommendations of the Nueces Estuary Advisory Council. g. The executive Director is delegated authority to make modifications to subparagraph 2.f., after considering the recommendations of the Nueces Estuary Advisory Council. However, changes may be made through this process only with the City's consent if the changes result in increased costs to the City. The City of Corpus Christi, with the assistance and/or participation of federal, state and local entities, shall maintain a monitoring program to assess the effect of this operating plan on Nuecas Bay. The cornerstone of this program is the development of a salinity monitoring program. The program shall include at least two monitoring stations, one in upper Nueces Bay (Lat. 27°51'02'', Long. 97028'52'') and one in mid Nueces Bay (Lat. 27°51'25", Long. 97°25'28") with the capability of providing continuous salinity and/or conductivity data, temperature, pH, and dissolved oxygen levels. Additional stations may be established at the recommendation of the Advisory Council (continued by paragraph 4 of this Agreed Order) to assess inflow effects throughout the estuarine system, but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b. The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid-Nueces Bay. The lower (SLB) and upper (SUB) salinity bounds (in parts per thousand-ppt) developed for application of the Texas Estuarine Mathematical Programming Model and considered appropriate for use herein, are as follows: SLB SUB SLB SUB January 5 30 July 2 25 February 5 30 August 2 25 March 5 30 September 5 20 April 5 30 October 5 30 May 1 20 November 5 30 June 1 20 December 5 30 When the average salinity for the third week (the third week includes the seven days from the 15th through 21st) of any month is at or below the subsequent month's established SLB for upper Nueces Bay (Lat. 27°51'02", Long. 97°28'52"), no releases from the Jimmy Bray - Corpus. Choke.1995 TNRCC ORDER rev 2-23-01 .wpd Page 9 Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. ~ All data collected as a result of the monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to the Commission within the first ten days of the immediately following month. The Nueces Estuary Advisory Council shall study the feasibility of developing a method of granting credits for inflows which exceed the required amounts to replace the credits that are set out in subparagraph 1 .e.(I) and make recommendations to the Commission for possible implementation. That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements. 4. a. To assist the Commission in monitoring implementation of this Order and making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures, the Nueces Estuary Advisory Council shall be continued. Its members shall include, but are not limited to a qualified representative chosen by each of the following entities or groups: the Executive Director of the Texas Natural Resource Conservation Commission, whose representative shall serve as chair; the Texas Water Development Board; the Texas Parks and Wildlife Department; the Texas Department of Health; the General Land Office; the holders of Certificate of Adjudication No. 21-3214 (the Cities of Corpus Christi and Three Rivers and the Nueces River Authority; the University of Texas Marine Science Institute; Texas A&M University - Corpus Christi; Save Lake Corpus Christi; Corpus Christi Chamber of Commerce ' ' ; the City of Mathis; Coastal Bend Bays and Estuaries Program, Inc,; a commemial bay fishing group; a conservation group (e.g. the Sierra Club and o~ the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g., the South Texas Water Authority and the San Patricio Municipal Water District); the Port of Corpus Christi Authority; and a representative of industry. The representatives should have experience and knowledge relating to current or future water use and management or environmental and economic needs of the Coastal Bend area. b. No modification shall be made to this Order without the unanimous consent of the Certificate Holders, except to the extent provided by law. c. Matters to be studied by the Nueces Estuary Advisory Council and upon which the Executive Director shall certify recommendations to the Commission shall include, but are not limited to: (1) the effectiveness of the inflow requirements contained in this Agreed Order on Nueces Estuary and any recommended changes; 9 Jimmy Bray - Corpus. Choke. 1995 TNRCC ORDER rev 2-23-01 .wpd Page 10 (2) the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3) the development and implementation of a short and long-term regional water management plan for the Coastal Bend Area; (4) the salinity level to be applied in Paragraphs I.e. and 3.c., at which targeted inflows m the subsequent month may be suspended; (5) the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater than one; and development of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph 1 .e. That methodology shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements; and, (6) any other matter pertinent to the conditions contained in this Agreed Order. 5. This Agreed Order shall remain in effect until amended or superseded by the Commission. Issued date: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION 10 Technical Information Regarding City of Corpus Christi Water Supply and Freshwater Inflows to the Nueces Estuary Prepared for Nueces Estuary Advisory Council HDR Engineering, Inc. March 6, 2001 250000 200000 150000 U 10 } E 100000 LL 50000 0 City of Corpus Christi's Firm Water Supply Summary with Workgroup Proposal CCR/LCC System CCR/LCC System CCR/LCC System Firm Yield Firm Yield Firm Yield w/1995 Agreed Order w/1995 Agreed Order w/ Workgroup Proposal and Lake Texana Water and Lake Texana Water I Z March 6, 2001 Page 2 C a6ed 1,0M,9 4ojeW ZGl J80A l0 (O l0 (O [O (D (O [O (O OJ OJ tll W W aD O W Co Oo V V V V V J J J V V N 01 Ol W m m 01 01 N N N N N N N N N N N N A A AAA A A A A A W W W W W W WOOON;o poiJad 1664 0; bC6 aibwo;s wa;sAs 031/moo 10 uospodwoC) 0 !esodwd dnw6 aoM'euexal 4l!M— japJO paaj6V 9666 'euexal 43!M O1, Ja aa 6 POP V 9666 'euexal inoyt!M uoge!nwnooV juawipaS 060Z I (o!lod (pla!). xeW) Al ase4d puewaa jAAjoe 000 0£ 6 OZ I :suoil why i 0£ cn Ob N I i afto;s Ovals (S %Ot+ 3 h 09 G 9 I I o 09 m p SII r iI I I I OL g. I E 0 I I I { 08 I 7 Nit i I I I i I 06 0 006 WOOON;o poiJad 1664 0; bC6 aibwo;s wa;sAs 031/moo 10 uospodwoC) 100 90 80 70 W 60 rn L N 50 E a; U) 40 T Cn 30 20 10 0 0% CCR/LCC System Storage Frequency 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percentage of Time System Storage is Greater Than or Equal To (%) H March 6, 2001 Page 4 Assumptions: 130,000 acft/yr Demand Phase IV (Max. Yield) Policy Max H 2010 Sediment Accumulation 70%'System Storage m IE Min Q w o e E n 0 0 .0 m 1, m x X Co v m LU o d m U X LU —Without Texana, 1995 Agreed Order With Texana, 1995 Agreed Order —With Texana, Workgroup Proposal 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Percentage of Time System Storage is Greater Than or Equal To (%) H March 6, 2001 Page 4 100.00 90.00 80.00 70.00 0 y 60.00 rn N 50.00 E N 40.00 T N 30.00 20.00 10.00 0.00 1993 FDI CCR/LCC System Storage Trace 1990's Drought 1994 1995 1996 1997 1998 Years March 6, 2001 Page 5 Median Monthly Nueces Bay Inflow With Workgroup Proposal 0 Jan Feb Mar Apr 23,500 ■ Without Texana Pumpage (1995 Order) ❑ With Texana Pumpage (1995 Order) ®Workgroup Proposal With Texana Pumpage 23,000 23,000 Agreed Order Min Q Monthly Targets 11,500 ■ M1 9,000 4,500 5,000 May Jun Jul Aug Sep Months 4,500 '1,000 Oct Nov Dec Im March 6, 2001 Page 6 30000 Assumptions: 130,000 acft/yr Demand Phase IV (Max. Yield) Policy 25000 2010 Sediment Accumulation 0 E ! 20000 U N 3 0 C 15000 T R m N cLi 10000 d Z 5000 3,500 a,soo - `--- 0 Jan Feb Mar Apr 23,500 ■ Without Texana Pumpage (1995 Order) ❑ With Texana Pumpage (1995 Order) ®Workgroup Proposal With Texana Pumpage 23,000 23,000 Agreed Order Min Q Monthly Targets 11,500 ■ M1 9,000 4,500 5,000 May Jun Jul Aug Sep Months 4,500 '1,000 Oct Nov Dec Im March 6, 2001 Page 6 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING ARTICLE XII, WATER CONSERVATION, OF CHAPTER 55, UTILITIES, TO ESTABLISH AUTOMATIC CONSERVATION MEASURE~ TO CODIFY THE RULES GOVERNING DROUGHT CONTINGENCIES AND ESTABLISHING PERMANENT WATER CONSERVATION MEASURES, AND TO DIRECT AN OPERATIONS PLAN FOR THE RESERVOIR SYSTEM; AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN BY DELETING THE REFERENCES TO SPECIFIC RESERVOIR LEVELS IN SECTION 2.1 OF THE DROUGHT CONTINGENCY PLAN; AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN BY REPEALING SECTION 2.2 OF THE DROUGHT CONTINGENCY PLAN; REVISING AND CLARIFYING OTHER PROVISIONS OF ARTICLE Xll OF CHAPTER 55; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, on April 28, 1995, the Texas Natural Resoume Conservation Commission issued an Agreed Order amending the operational procedures and continuing an Advisory council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21- 3214; and WHEREAS, from 1995 to 1999 the United States Bureau of Reclamation operated the Rincon Bayou Demonstration Project to evaluate the feasibility of increasing water exchange between the Nueces dver tidal segment and the Upper Rincon Bayou, and the Bureau's Concluding Report documented positive effects on the Rincon Bayou and upper Nueces River Delta; and WHEREAS, the Rincon Bayou Demonstration Project and evidence from other studies over the years suggested an opportunity to: (1) better manage the limited resoumes of the Nueces river Basin for the benefit of the Nueces Estuary, and (2) at the same time supplement municipal and industrial water supplies for the Corpus Christi area by increasing the annual firm yield of the Lake Corpus Christi/Choke Canyon Reservoir System; and WHEREAS, on January 17, 2001, the City of Corpus Christi and the Nueces River Authority presented a proposal to the Nueces Estuary Advisory Council to accomplish said purposes of benefitting the estuary and increasing water supplies; and WHEREAS, the Nueces Estuary Advisory Council ("NEAC")appointed a Working Group to oversee development of a detailed implementation plan for the proposal, including representatives of the City of Corpus Christi, the Nueces River Authority, the Coastal Bend Bays and Estuaries Program; the Coastal Bend Bays Foundation, the Sierra Club, the Center for Coastal Studies of Texas A&M University - Corpus Chdsti, Environmental Defense, the Port Industries of Corpus Chdsti, and the Texas Parks and Wildlife Department; and R13717A5.wpd 2 WHEREAS, after several meetings and much deliberation, the Working Group reached consensus on an implementation plan for Rincon diversion and amendments to the 1995 Agreed Order; and -- WHEREAS, on March 6, 2001, the full Nueces Estuary Advisory Council considered the implementation plan developed by the Working Group and reached consensus in favor of the plan; and WHEREAS, the plan includes the automatic implementation of certain specified conservation measures by the City of Corpus Christi and the contemporaneous automatic reduction of the City's obligation to pass through certain quantities of water at specified reservoir levels under the Agreed Order; and WHEREAS, the implementation of other drought management measures is left to the discretion of the City Council in light of circumstances existing at the time; and WHEREAS, on motion of the City of Corpus Christi and the Nueces River Authority the consensus plan is being presented to the Texas Natural Resource Conservation Commission, requesting its approval for necessary amendments to the Agreed Order; and WHEREAS, the automatic conservation measures included in the NEAC consensus plan should be assimilated into the City of Corpus Christi Conservation Plan, subject to TNRCC approval of necessary changes to the Agreed Order; and WHEREAS, portions of the existing City of Corpus Christi Drought Contingency Plan, approved as Part 2.2 of the Water Conservation and Drought Contingency Plan for Corpus Christi in City Code Section 55-156 (Ordinance No. 023740 - August 24, 1999), should be codified for purposes of clarity and accessibility, and numbering and clarification changes should be made to Pa~t 2.1 of the Plan and to Article XII, Chapter 55 of the City Code of Ordinances. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article Xll of Chapter 55, Utilities, is revised to read as follows: ARTICLE Xll. WATER CONSERVATION Sec. 55-150. Scope, purpose and authorization. (a) Scope. There is hereby established a City of Corpus Chdsti Water Conservation Plan. (b) Declaration of policy. R13717A5.wpd 3 (1) It is hereby declared that the general welfare requires that the water resoumes available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or - unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest pdority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The City Manager, or his designee, upon the recommendation of the .... Assistant City Manaqer, Public Works and Utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. Se¢;-55-~1~-. Sec. 55-151~ Water conservation and drought contingency plan. (a)-The Water Conservation and Drought Contingency Plan for Corpus Christi, dated August 24, 1999, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b) The city manager shall pursue a water well leasing program to obtain and maintain sufficient leased acreage to produce at least sixty million (60,000,000) gallons per day of groundwater to supplement surface supplies, as needed. Sec. 55-152. Automatic water conservation measures. (a) When combined storaqe in the Choke Canyon/Lake Corpus Christi Reservoir System ("Reservoir System Storaqe") falls below 50% of Reservoir System Storaq~, capacity, the City Manaqer shall issue a public notice informinq water users of th~. Corpus Chdsti water supply reqion of voluntary conservation measures that am requested immediately and required drouqht management measures that must be taken if the amount of water in the reservoirs falls to under 40% of Reservoir System Storaqe capacity and when the amount of water in the reservoirs falls to under 30% of Reservoir System Storaqe capacity. R13717A5.wpd 4 (b) To the extent of the City's leqal authority, the City Manaqer shall require the City's wholesale customers to issue public notice advisinq their water customers of voluntarV conservation measures that are requested immediately and required drouqht - manaqement measures that must be taken if the amount of water in the reservoirs falls to under 40% of the Reservoir System Storaqe capacity and when the amount of water in the reservoirs falls to under 30% of the Reservoir System Storaqe capacity. (c) As soon as practicable after the City Manaqer's determination that Reservoir System Storage has fallen below 40% of Reservoir System Storage capacity, the City Manaqer shall publish notice in a daily newspaper of qeneral circulation in Nueces County that the amount of water in storaqe has fallen below 40% of Reservoir System Storaqe capacity. From the date of publication of the notice until the date the notice is rescinded by the City Manaqer, no person may use water for irriqation of veqetation between th~, hours or 10:00 a.m. and 6:00 p.m. (d) It shall be a defense to prosecution of a violation under subsection(c) of this section that the use of water was for one of the followinq purposes and the City Manaqer had specifically authorized the use of water for the purpose on the date of the violation: (1) The water was used, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied usinq: a. A hand held hose equipped with a positive shutoff nozzle. b. A s~stem. c. A drip irriqation system equipped with an automatic shutoff device. d. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. e. A root feeder equipped with an automatic shutoff device. f. A hand held bucket or waterinq can. (2) Wastewater treatment plant effluent, qraywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, if a permit was obtained from the City Manaqer and a siqn was posted statinq that the water used for irriqation is wastewater effluent, qraywater, water from a permitted private well, or water that was not obtained from the City's water supply. (3) The water was used for short pedods of time for testinq related to the installation, maintenance, and repair of sprinkler systems. R13717A5.wpd 5 (4) The water was used for irrigation of veqetation on a larqe parcel of land or unique botanical institution, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special waterinq plan, speeificall¥ approved for that parcel by an official desiqnated by the City Manaqer. The official approvinq any special waterinq plan shall ensure that the plan achieves similar water conservation qoals to the mandatory conservation measures applicable to other customers under this subsection. (e) As soon as practicable after the City Manaqer's determination that the amount of water in the reservoirs has fallen below 30% of Reservoir System Storaqe capacity, the City Manager shall publish notice in a daily newspaper of qeneral circulation in Nueces County that the amount of water in reservoirs has fallen below 30% Reservoir System storaqe capacity and publish a lawn waterinq plan that allows customers to water lawns no more often than every five days, while maintaininq the prohibition on usinq water for irdqation between 10:00 a.m. to 6:00 p.m. (t') From the date of publication of the notice and plan, until the date the notice and plan are rescinded by the City Manaqer, no person may use water for irriqation of a lawn, except on a day lawn water is authorized under the lawn watering plan. (q) It shall be a defense to prosecution of a violation under subsection (f) of this section that the use of water was for one of the followinq purposes and the City Manaqer had specifically authorized the use of water for the purpose on the date of the violation: (1) The water was used, other than durinq the hours between 10:00 a.m. and 6:00 p.m., for irriqation, at the minimum rate necessary, for the establishment of newly planted lawns within thirty (30) days of plantinq. (2) Wastewater treatment plant effluent1 qraywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, if a permit is obtained from the City Manaqer and a siqn is posted statinq that the water used for irdqation is wastewater effluent, qraywater, water from a permitted private well, or water that was not obtained from the City's water supply. (3) The water was used, other than dudnq the hours between 10:00 a.m. and 6:00 p.m., for irriqation, at the minimum rate necessary, for maintenance of qolf course qreens and tee boxes. (4) The water was used for irriqation on a larqe parcel of land or unigue botanical institution, such as the Corpus Chdsti Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official designated by the City Manager. The official approving any special watering plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measures applicable to other customers under this subsection. R13717A5.wI:)d 6 (h) This section shall only be effective at any time the City is entitled, under to Order ur the Texas Natural Resource Conservation Commission under Certificate of Adiudicatio,.~ No. 21-3214, to (1) reduce tarqeted inflows of water to Nueces Bay to 1200 acr~feet when Reservoir System Storaqe falls below 40% of capacity, and 2) suspend tarqeteH inflows below 30% of capacity. 2.2 .?, ~,,,,~,~,,~,,,,, ,,,,d ,~§;;;;:~c,~, o, ~J-=~ Sec. 55-153. Water conservation measures.. (a._[.) The Assistant City Manager for Public Works and Utilities shall promulqat~ guidelines, which shall set forth the cdteria for determininq when a particular water conservation stage is to be implemented and terminated. (1) The quidelines shall be updated when, in the opinion of tbs D:,r~ctor Assista. I City Manaqer for Public Works and Utilities, the conditions of the water system have chanqed so as to necessitate such update. (2.~__The quidelines shall be published and filed in the office of the~,,~,.,,~,~': ..... · ,~;' ' "='='=-- ~'-- ~'--'=~- 2 I CityS ry · ~,,,,,,*o- ,~* ,-,~,~,,,~,, · ecreta . ('b)_~The use or withdrawal of water from the water suDDIv sYstem of the city for thn followinq purposes or uses is hereby requlated durinq any period of water shortagn commencing w th the promulqation of water conservation quidelines by the D:r~c:c~r ~f Assistant City Manaqer for Public Works and Utilities and implementation of s~ tho guidelines by the City Manaqer and continuinq until such water conservation measure~ are no Ionqer deemed necessary by the City Manaqer in accordance with thn guidelines. ~-. (1) Condition I -- Water Shortaqe Possibility. a. Upon implementation by the City Manaqer, customers of the water system of the City of Corpus Chdsti are requested throuqh the new~ media announcements and utility bill inserts to voluntarily conserve and limit their use of water and shall comply with the following restrictions on the use of water for irriqation of veqetation. All municipal operations am placed on mandatory conservation. b. Water for irriqation of veqetation may be used only on such day or day~ of each week, other than between the hours of 10:00 a.m. and 6:00 p.m., based on street numbers, as may be desiqnated by the city manaqer, c. However, any person may raise as a defense to prosecution for violation of this section the fact that the use of water for the followinq purposes hah been specifically authorized by the City Manaqer, if the City Manaqer had actually authorized the use of water for that purpose on the date of th~ violation: R13717A5,wpd R13717A5.wpd 7 1. The water was used, other than during the hours between 10:0(3 a.m. and 6:00 p.m., for irriqation, at the minimum rate necessary, for the establishment and maintenance of flower qardens, - ve.qetable gardens, fruit qardens, trees, and shrubs, or plants in containers, and applied using: i. A hand held hose equipped with a positive shutoff no~l- ii. A drip irriqation system equipped with an automatic, shutoff device. iii. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. iv. A root feeder equipped with an automatic shutoff device. v. A hand held bucket or waterin.q can. 2. The water was used at any hour for irriqation, at the minimum rate necessary, for the establishment and maintenance of commercial nursery stock and applied using: i. A hand held hose equipped with a positive shutoff ii. A s_prinkler system. iii. A drip irrigation system equipped with an automatic shutoff device. iv. A soaker hose, which does not spray water into the air, equipped with an automatic shutoff device. v. A root feeder equipped with an automatic shutoff device. vi. A hand held bucket or waterinq can. 3. The water was used, other than durinq the hours between 10:0(3 am. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment of newly planted lawns and plant materials within thirty (30) days of planting, water used for this purpose may b~ applied by any means. 4. Wastewater treatment plant effluent, qraywater, well water (which is not mixed with any water from the City's water supply), or other water not obtained from the City water system was used, may be used at any hour, if a permit is obtained from the City Manager 8 and a siqn is posted statinq that the water used for irdqation i~ wastewater effluent1 qraywater, water from a permitted private well, or water that was not obtained from the City's water supply.- 5. The water was used, other than durinq the hours between 10:00 a.m. and 6:00 p.m., for irdqation, at the minimum rate necessary, for maintenance, of qolf course qreens and tee boxes. 6. The water was used at any hour for short periods of time for testinq related to the installation, maintenance, and repair of s_pdnkler s~tems. 7. The water was used for irdqation of veqetation on a larqe parcol of land or unique botanical institutions, such as the Corpus Chdsti Botanical Gardens and Blucher Nature Center, in conformance with a special watering plan, specifically approved for that parcel by an official desiqnated by the City Manaqer. The official approving any special waterinq plan shall ensure that the plan achieves similar water conservation goals to the mandatory conservation measure~ applicable to other customers under this section. c.__ln the event the premises have no number, application shall be made. to the city buildinq official for the assiqnment of a number to such premises and such premises shall thereafter bear the number sn assigned. Such day or days may be chanqed by further directive of thp. city manaqer. In the event any premises do not have a number at the timn of the occurrence of any violation under this article, the premises shall bo in the category of premises with street numbers endinq in zero. N(~ person or customer shall cause or permit water to run or waste in any gutter or otherwise. B. (2) Condition II - Water Shortaqe Watch a. Upon implementation by the City Manaqer, and publication of notice, the followinq restrictions shall aDDIv to all Demons and the withdrawal of water from the system (potable water) for the followinq purposes or use~ is hereby prohibited. The City Manaqer, in the exercise of his discretion based upon quidelines established by the Assistant City Manqer for ' Works and Utilities, may implement any or all of those elements of Condition II as are deemed necessary at any particular time. All elements of Condition I shall remain in effect in Condition II. 1. The sprinklinq or watednq of veqetation is prohibited; provided, however, the City Manaqer may authorize waterinq of vegetation an follows: R13717A5.wpd R13717A5.wpd 9 i. The watering of trees; shrubbery; annual, biennial or perennial plants; vines; qardens; vegetables and flowers with potable water may be permitted, at the minimum rat.e-- necessary for the maintenance of plants, through the mean~ of a hand held hose equipped with a positive shutoff nozzle, a drip irriqation system, a root feeder equipped with an automatic shutoff device, a soaker hose, which does nnt spray water into the air and is equipped with an automatic, shutoff device, a hand held bucket or watednq can, or R sprinkler system which is either attended threuqhout its us~. or is equipped with automatic shutoff. VVhen authorized, such watering shall be done only on even number days for premises with an even number street address, and on odd number days for premises with an odd number street address or without a numbered address. VVhen such waterinq is authorized durinq the Dayliqht Savings Tim~, period of the year, it shall be permitted only between thP, hours of 6 a.m. and 9 a.m. and between the hours of 6 p.m. and 9 p.m. ii. The watering of lawns with potable water may be permitted once every other week on the waterinq days desiqnated bwthe City Manager, based on the street number, except between the hours of 10:00 a.m. and 6:00 p.m., through the means of a hand held hose equipped with a positive shutoff nozzle, a drip irdqation system, a hand held bucket or waterinq can, or a spdnkter system which is either attended throughout its use or is equipped with an automatic shutoff. iii. Commercial nurseries shall be excepted from the prohibition of this subparaqraph and shall be permitted to water nursery stock with potable water, at the minimum rate necessary to establish and maintain commercial nurser~ stock, by means of a hand held hose equipped with R positive shutoff nozzle, a drip irrigation system, a root feeder equipped with an automatic shutoff device, a soaker hose, which does not spray water into the air and is equipped with an automatic shutoff device, a hand held bucket or waterin.q can, or a sprinkler system which is attended throughout it,~ use, is equipped with an automatic shutoff or recaptures and recirculates irriqation water. iv. The watednq of new lawns and plant materials with potable water, at the minimum rate necessary for the establishment of the newly planted vegetation, may be 10 permitted within 30 days of planting, at anv time other than between the hours of 10:00 a.m. and 6:00 p.m., by am/ means. However, only the newly planted areas may~c watered at times not authorized under subdivisions (i) and (ii) of this subsection. v. The ailowinq of water to run off yards or plants into ,qutters or streets shall be deemed a waste of water and is prohibited. 2. The washing of automobiles, trucks, trailers, boats, airplanes and any other type of mobile equipment is prohibited, except that individuals and fillinq stations may wash cato or boats if they use a bucket, pail, or othcr receptacles not larger than of 5 qallon capacity; however, an individual or flllinq station, before or after such washinq, shall be permitted to dnse tho. car or boat off with a hose using only a reasonable amount of water in so doing. Commercial or automatic car wash establishment shall use minimum practical water settinqs. 3. The washing of buildinq exteriors and interiors, trailers, trailer housc,~ and railroad cato with potable water is prohibited, except by a professional power washing contractor or that in the interest of public health thc Director of Public Health may permit limited use of the water as the caso may be, includinq allowinq the use of water for the removal of qrafr~ti. 4. The permittinq or maintaininq of defective plumbinq in a home, business establishment or any location where water is used on thc premises. The permittinq of the wasting of any water by reason of defective plumbinq as hereinabove mentioned shall include the existencn of out-of-repair water closets, underground leaks, defective faucets and taps. The permittin.q of water to flow constantly through a tap, hydrant, valve or otherwise by any user of water connected to the City system, shall be considered as a wasting of water and prohibited by this plan. 5. The use of fire hydrants for any purpose other than fireflqhtinq is prohibited; except that the City Manager may permit the use of metered fire hydrant water by the City or by commercial operators usinq iet rodding equipment to clear and clean sanitary and storm sewers. 6. The use of potable water in ornamental fountains or in artificial waterfalls is prohibited where the water is not roused or recirculated in any manner. 7. The use of potable water to wash down any sidewalks, walkways, driveways, parkinq lots, tennis courts, or other hard-surfaced area, or R13717A5.wpd 11 buildinq or structure, except by a professional power washinq contractor, is prohibited. 8. The use of potable water for dust control is prohibited. 9. The use of potable water by a qolf course to irriqate any portion of its grounds s prohibited, except those areas desiqnated as tees and qreen,~ may be watered between the hours of 6 a.m. and 10 a.m. on Mondays, Wednesdays, Fridays, and Sundays. 10. Any use of water for the purposes or in a manner prohibited in this plan shall be deemed to be a waste of water and any person violating any of the provisions of this plan and any person in whose name a water meter connection is reqistered :,~, th~ D~p~,T,~t ~f,",,,,,,,.'- - ,~,,,,,,~o":" ..... w~th' the Utilities Billinq Office, which water connection serves premis~which a violation occurs, and proof that the particular premises have a water meter connection reqistered in the name of the defendant named in the complaint, shall constitute in evidence a prima facie presumption that the person in whom such water connection was reqistered was the person who permitted or caused the act of waste charqed to occur on the premises. 11. Concurrently with the implementation of Condition II, the City Council shall appoint an Allocation and Review Committee, as hereinafter provided, for the purpose of reviewing water conservation policies and establishing exemptions. See Section 2.2.4. C. (3) Condition III - Water Shortaqe Waminq a. Upon implementation by the City Manaqer and publication of notice, the followinq restrictions shall apply to all persons. The City Manager, in the exercise of his discretion based upon guidelines established by th~. D~r~ct~r ~f ,"ub',i¢ Ut:,',:t:,~$ Assistant City Manaqer for Public Works and Utilities, may implement any or all of those elements of Condition III as are deemed necessary at any particular time. All elements of Condition II shall remain in effect in Condition III. 1. New service connections to the City's water system am prohibited where some other source independent of the City,s water system is existing and in use at the time this element of Condition III is implemented. 2. A mandatory limit of normal water use by customers without use penalty, in amounts as determined by the City Manaqer in accordance with quidelines established by the City Council. R13717A5.wpd 12 3. In connection with the enfomement of subsection 2, the City Council shall establish a maximum limit beyond which water servicP. will be terminated. _ 4. The use of water to serve a customer in a restaurant, unless requested by the customer, is prohibited. 5. The use of potable water (water obtained from the City's water utility) for scenic and recreational ponds and lakes is prohibited. $. The use of potable water to put new aqricultural land into production is prohibited. D. (4) Condition IV - Water Shortaqe Emerqency a. Upon implementation by the City Manaqer and publication of notice, the followin.q restrictions shall apply to all persons. The City Manaqer, in the exercise of his discretion based upon quidelines established by the E~re~or-o~Assistant City Manaqer of Public Works and Utilities, may implement any or all of those elements of Condition IV as are deemed necessary at any particular time. All elements of Condition III shall remain in effect in Condition IV. 1. No applications for new, additional, further expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or other water service facilities of any kind shall be allowed, approved, or installed except as approved b~/ the Allocation and Review Committee. 2. All allocations of water use to industrial and commercial customers in amounts as established after consultation with the Allocation and Review Committee. 3. The maximum monthly use for a residential c--~tnmer h~ established with revised rate schedules and penalties by the City Council on recommendation by the Allocation and Review Committee. 4. The City Council and City Manager shall take those actions deemed necessary to meet the conditions resultinq from the emerqency. Z.-".4 Sec. 55-154. Allocation and Review Committee, e_~blishment composition, powers, and duties. R 13717A5.wpd 13 (a) The Allocation and Review Committee shall be composed of six (6) members, the Assistant City Manaqer for Bireetor-oFPublic Works and Utilities, the Director of Publir, Health, a representative of industry, a representative of business and commerce;,.~ homemaker-citizen, and a citizen of the citT. (1) The industry, business, homemaker, and citizen members shall be appointed by the Mayor and Council and shall serve at the pleasure of the City Council. (2) In addition, six (6) alternate members shall be appointed. Each altemato shall serve in place of his/her respective reqular Committee member whenever that reqular Committee member is unavailable to participate. (3) The City Manaqer shall appoint alternates for the Assistant City Manqer for Birector-~Public Works and Utilities and the Director of Public Health. (4) The Mayor and Council shall appoint alternates for the industry, business, homemaker, and citizen members of the Committee. Alternates appointed shall have qualifications similar to those of their respective reqular member. (5) An alternate servinq in place of a reqular Committee member shall exerciso the same powers and have the same duties as a reqular member. b.(.~.The Committee shall consider requests of water users for special consideration to bn ,qiven as to their respective particular circumstances and the Committee shall hear and decide such requests and is hereby authorized to, in special cases, qrant such variancn from the terms of this plan as will not be contrary to the public interest, where, owinq to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial iustice done. (1) Should a permit for special exception be qranted by such Committee, it shall be in effect from the time of qrantinq; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on thc premises. ('2) Should ;3rotest be received after the qrantinq of any such special permit, th~, Committee shall consider the revocation of such permit and shall reconsider th~ qrantinq of such permit at a public headnq, notice of which shall have been qiven at least one (1) day prior to the holdinq of such hearing. (3)__After the conclusion of such hearinq, the Committee shall take such action by way of revocation of such permit, or refusal to revoke the same, or modification of such permit as the Committee may deem proper under the circumstances. Sec. 55-155. Violations, penalties, and enforcement. R13717A5.wpd 14 ~-. (a) Any person violatinq any provision of this Article shall be deemed quilty of ,3 misdemeanor and, upon conviction, shall be punished by a fine as provided in Section 1-6 of this Code. _ (b__~) The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c) If any person or a second person in the same household or premises, is found guilty o~ second violation of this plan, the D[r~c:c,; ,;f ,"::b',ic Ut[',i:[~s Water Su erintendent shall be authorized to discontinue water service to the premises where such violation occurs. D. (d) Any police officer, or other city employee desiqnated by the city manaqer, may issue a citation to a person he reasonably believes to be in violation of this article. (e) The citation shall be prepared in duplicate and shall contain the name and addm-~-~ of the alle.qed violator, if known, the offense charqed, and shall direct him to appear in the Corpus Christi Municipal Court no sooner than ten (10) days and no later than twenty one (21) days of service of the citation. (1) The alleqed violator shall be requested to sign the citation, and shall bP. served a copy of the citation. (2) Service of the citation shall be complete upon the attempt to g ve it to the alleged violator, to an aqent or employee of a violator, or to a person over fourteen (14) years of a.qe who is a member of the violator's immediate family or is a resident at the violator's residence. (f) The alleqed violator shall appear in municipal court to make his plea no sooner than ten (10) days and no later than twenty one (21) days of service of the citation, and failure to so appear shall be a violation of this article. (a/_~A police officer may arrest for any offense under this article where permitted by state arrest law. (h._~_) Cases filed under this section shall be expedited and qiven preferential setting in municipal court before all other cases. C. (i) A person in apparent control of the property where the violation occurs or originates shall be presumed to be the violator, and proof of facts showing apparent control by such person of the premises and proof that the violation occurred on thn premises shall constitute prima facie evidence that said person committed the violation, but said person shall have the riqht to show that he did not commit the violation. R13717A5;wpd 15 .(j)._Any person whose name is on file with the Utilities Billinq Office Bepaftmerff-as the customer on the water account for the property where the violation occurs or oriqinat~--~ shall be presumed to be the violator, and proof that the violation occurred on saki premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the riqht to show that he did not commit the violation. (k) Parents shall be presumed to be responsible for violations of their minor children, and proof that a child committed a violation on property within the parent' s control shall constitute prima facie evidence that said parent committed the violation, but said parent may be excused if he proves that he had previously directed the child not to use the water as it was used in the violation and that the parent could not have reasonably known of the violation. 2.2.C Sec. 55-155. Surcharqes and termination of service. A--(a__~_) General. 1.(_~_This section is provided to implement and enforce the mandatory limits on water usaqe called for in Condition III and IV of this drouqht continqency plan. (2) The surcharges established herein are solely intended to requlate and deter the use of water durinq a period of serious drouqht in order to achieve necessary water conservation. (3) The City Council expressly finds that the dreuqht poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharqes and other measures adopted herein am essential to protect said public health and welfare. (4_)__This section, and the surcharqes and measures adopted herein are purely an exercise of the City's requlatory and police power, and the surcharqes and connection fees herein are in no way to be considered rates for production of revenue. (5) AIl monies collected from surcharqes shall be placed in a special fund to b~, used for research and development of alternative or expanded water sources for the City of Corpus Christi and its water customers~ D. (b) Residential water customer~, who are not billed throuqh a master water meter. (1) Residential water customers, who are billed throuqh a master water meter, shall pay the followinq surcharqes: 1. a_:_$5.00 for the first 1,000 qallons over allocation. R13717A5.wpd 16 2. b__. $8.00 for the second 1,000 qallons over allocation. 3. c_:_$16.00 for the third 1,000 qallons over allocation. -- 4. d__. $40.00 for each additional 1,000 qallons over allocation. e. The surcharqes shall be cumulative. (2) When the combined reservoir capacity is less than 20% of total capacity, the allocation to residential customers shall be as follows: Persons Per Household Gallons Per Month I or 2 6,000 3 or 4 7,000 5 or 6 8,000 7 or 8 9,000 9 or 10. 10,000 11 or more 12,000 {3) In this subsection: "Household" means the residential premises served by the customer's meter. "Persons per household" includes only those persons currently physiCally residinq at the premises and expected to reside there for the entire bitlinq period. (4) Size of households. a. It shall be assumed that a particular customer's household is comprised of two (2) persons unless the customer notifies the City of ~ qreater number, on a form prescribed by the City Manaqer. 1 .___The City Manaqer sh'all qive his best effort to see that such forms are mailed to every residential customer. 2._~lf, however, a customer does not receive such a form, it shall be the customer's resPonsibility to qo to the City's Public-UtilitY Billinq R13717A5.wpd 17 Office and siqn the form if the customer desires to claim more than two (2) persons. 3. New customers may claim more persons at the time of applyinq for their water service on the form prescribed by the City Manaqer. 4. When the number of persons in a household increases so as to place the customer in a different cateqory, the customer may notify the City of the chanqe on such form, and the chanqe will be implemented in the next practicable billing period. 5.__If the number of persons in a household is reduced, the customer shall notify the City in writinq within two days. 6_:_In prescribinq the method for claiminq more than two (2) persons, the City Manaqer shall adopt methods to insure the accuracy of the claim. 7_~_Any person who knowinqly, recklessly, or with criminal ne.qliqence falsely reports the number of persons in a household or fails to timely notify the City of a reduction in the number of persons in a household shall be fined not less than $200. C. (c) Residential customers who are billed from a master water meter. (1) VVhen the combined reservoir capacity is less than 20% of total capacity, a residential customer billed from a master water meter,_ which iointly measures water to multiple permanent residential dwellinq units (for example, apartments, mobile homes)_, shall be allocated 6,000 qallons for each dwellinq unit. (2) Number of dwellinq units assiqned to a master water meter. a..~. It shall be assumed that such a customer's meter serves two dwellinq units unless the customer notifies the City of a qreater number, on a form prescribed by the City Manaqer. b.__The City Manaqer shall qive his best effort to see that such forms are mailed to every such customer. c_.lf, however, such customer does not receive such a form, it shall be the customer's responsibility to qo to the City's P;:b:',c Utility Billing Office and sign the form if the customer desires to claim more than two dwel ngs d._~A dwellinq unit may be claimed under this provision whether it is occupied or not. New customers may claim more dwellinq units at the R13717A5.wpd 18 time of applyinq for their water service on the form prescribed by the City Manacier. e_.~_lf the number of dwellinq units served by a master meter is reduced, the customer shall notify the City in writinq within two days. f. In prescribinq the method for claiminq more than two dwellinq units, tho City Manaqer shall adopt methods to insure the accuracy of the claim. (l__. Any Demon who knowinqly, recklessly, or with criminal neqliqenc~. falsely reports the number of dwellinq units on a meter or fails to notify thc City of a reduction in the number of dweilinq units on a meter shall bn fined not less than$200. (3) In this subsection, "person" includes individuals, partnershiPs, associations, corporations, and all other leqal entities. (4) Residential customers billed from a master meter under this provision shall pay the followinq monthly surchar.qes $5.00 for each 1,000 qallons over allocation up throuqh 1,000 .qallons for each dwellinq unit. $8.00, thereafter, for each additional 1,000 cia Ions over allocation up throuqh a second 1,000 cia ons for each dwellinq unit. $16.00, thereafter, for each additional 1,000 qallons Over allocation up throuqh a third 1,000 qallons for each dwellinci unit. 4_. $40.00, thereafter, for each additional 1,000 gallons over allocation. Examples of applications of the surcharqe formula are as follows: Apartment complex contains 100 units. Allocation is 600,000 gallons (hvDothetica/l¥~: Usaqe is 610,000 qallons. Surcharqe is $50.00, computed as follows: 10 thousands of qallons at $5.00 each. Usaqe is 710,000 qallons. Surcharqe is $580, computed a.~ follows: 100 thousands of qa/lons at $5.00 each plus 10 thousands of qallons at $8.00 each. Usaqe is 910,000 qa/lons. Surcharqe is $3,300, computed as follows: 100 thousands of qa/lons at $5.00 each, plu,~ 100 thousands of qallons at $8.00 each, plus 100 thousand,~ R13717A5.wpd 19 of qallons at $16.00 each, plus 10 thousands of gallons at $40. O0 each. D. (d) Nonresidential commercial customer, other than an industrial customer, whn uses water for processin,q. (1)A monthly water usaqe allocation shall be established by the City Manaqer or his desiqnee for each nonresidential commercial customer, other than an industrial customer, who uses water for processing. (2) Method of establishinq allocation. a~. When the combined reservoir capacity is less than 20% of total capacity, the nonresidential commercial customer's allocation shall bP. approximately 75 percent of the customer' s usaqe for the correspondin.q month's billinq period ~urinq previous 12 months. b_:._lf the customer's billinq history is shorter than 12 months, the monthly averaqe for the period for which there is a record shall be used for any monthly period for which no history exists. c.__Provided, however, a customer, 75 percent of whose monthly usaqe i.~ less than 6,000 qallons, shall be allocated 6,000 qallons. d..__The City Manaqer shall qive his best effort to see that notice of each nonresidential commercial customer's allocation is mailed to such customer. e.g..If, however, the customer does not receive such notice, it shall be thc customer's responsibility to contact the City' Utilities Billinq Office tn determine the allocation, and the allocation shall be fully effective notwithstandinq lack of receipt of wdtten notice. f.__Upon request of the customer or at the initiative of the City Manaqer, the allocation may be reduced or increased, (1) if the desi.qnated pedod does not accurately reflect the customer's normal water usage, (2) if one nonresidential customer agrees to transfer part of its allocation to another nonresidential customer, or (3) if other objective evidence demonstrates that the des .qnated allocation is inaccurate under present conditions. R13717A5.wpd 2O q.A customer may appeal an allocation established hereunder to tho Water Allocation and Review Committee on qrounds of unnecessary hardship. _ I-. (e) Industrial customers, who use water for processing. ('1) A monthly water usaqe allocation shall be established by lhe City Manager or his desiqnee for each an industrial customer, which uses water for processing (e.g., an industrial customer). (2) Method of establishinq allocation. a~. VVhen the combined reservoir capacity is less than 20% of total capacity, the industrial customer allocation shall be 90 percent of th~ customer' s water usaqe baseline. b._~Three months after the initial imposition of the allocation for industrial customers, the industrial customer's allocation shall be further reduced tn 85% of the customer's water usage baseline. c. The customer's water usaqe baseline will be computed on the average water usaqe for the thirty six month period endinq prior to the date of implementation of Condition II. d. If the customer's billinq history is shorter than 36 months, the monthly averaqe for the period for which there is a record shall be used for any monthly period for which no history exists. e. The City Manaqer shall clive his best effort to see that notice of each industrial customer's allocation is mailed to such customer. f._lf, however, the customer does not receive such notice, it shall be thP, customer's responsibility to contact the City Utilities Billinq Office to determine the allocation, and the allocation shall be fully effective notwithstandinq lack of receipt of written notice. q. Upon request of the customer or at the initiative of the City Mana.qer, the allocation may be reduced or increased, if: 1. The desiqnated pedod does not accurately reflect the customer's normal water usaqe because customer had shutdown major processinq unit for overhaul during the period. 2. The customer has added or is in the process of adding siqnificant additional processinq capacity. Only additional capacity R13717A5.wpd 21 that was under contract and publicly announced prior to the implementation of Condition II should be considered. 3. The customer has shutdown or siqnificantly reduced th~. production of a major processinq unit. 4. The customer has previously implemented siqnificant permanent water conservation measures. 5. The customer aqrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the desiqnated allocation is inaccurate under present conditions. h. A customer may appeal an allocation established under this provision to the Water Allocation and Review Committee on qrounds of unnecessary hardship. I-. fl.(_~_Nonresidential commercial and industrial customers shall pay the followinq surcharges: (1) Customers whose allocation is 6,000 qallons throuqh 20,000 qallons per month: a. $5.00 per 1,000 qallons for the first 1,000 qatlons over allocation. b. $8.00 per 1,000 .qa ons for the second 1,000 qallons over allocation. c. $16.00 per 1,000 qallons for the third 1,000 qallons over allocation. d. $40.00 for each additional 1,000 qallons over allocation. e. The surcharqes shall be cumulative. Customers whose allocation is 21,000 qallons per month or more: a. One times the block rate for each 1,000 qallons in excess of the allocation up throuqh 5 percent above allocation. b. Three times the block rate for each 1,000 gallons from 5 percent throuqh 10 percent above allocation. - c. Five times the block rate for each 1,000 qallons from 10 percent throu.qh 15 percent above allocation. R13717A5.wpd 22 d. Ten times the block rate for each 1,000 qalions more than 15 percent above allocation. e. The surcharqes shall be cumulative. f. As used herein, "block rate" means the charqe to the customer per 1,000 qallons at the regu ar water rate schedule at the level of the customer's allocation. C. (q) Nonresidential customer is bi~led from a master meter. ~1__~ VVhen a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwell n.q un ts (for example: apartments, mobile homes), the customer may pass alonq any surcharqes assessed under this plan to the tenants or occupants, provided that' 1. a~. The customer notifies each tenant in writinq: a. 1~. That the surcharqe will be passed along. .t~--2~. How the surcharqe will be apportioned. c. 3~. That the landlord must be notified immediately of any plumbinq leaks. .d:-4.__Of methods to conserve water (which shall be obtained from the City). 2. b. The customer diliqently maintains the plumbinq system to prevent leaks. '3.__c- The customer installs water savinq devices and measures (ideas for which are available from the City) to the extent reasonable and practical. under the circumstances. d. The surcharqe shall be passed alonq, where permissible, to dwellinq units in proportion to the rent or price charqed for each dwelling unit. I I. (h__~_) Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds allocation by 4,000 qallons or more two or more times (which need not be consecutive months). (2) Monthly water usaqe on a master meter which iointly measures water usaqe to multiple residential dwellinq units exceeds allocation by 4,000 gallons times R13717A5.wpd 23 the number of dwellinq units or more two or more times (which need not bn consecutive months). (3) Monthly nonresidential water usaqe for a customer whose allocation is 6,000 Rallons through 20,000 qallons exceeds its allocation by 7,000 gallons or mom two or more times (which need not be consecutive months). (4) Monthly nonresidential water usaqe for a customer whose allocation is 21,000 qallons or more exceeds its allocation by 15 percent or more two or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers whose allocation does not exceed 20,000 qalions, after the first disconnection water service shall be restored upon request for a fee of $50. (6___)_) For such customers, after the second disconnection, water service shall restored within 24 hours of the request for a fee of $500. (7.._)_~ If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation les.~. than Condition III. (8) For master meter customers, the service restoration fees shall be the sam~ as above times the number of dwellinq units. (9) For nonresidential customers whose allocation is 21,000 .clallons per month or more. a. After the first disconnection water service shall be restored upon request for a fee in the amount of "X" in the following formula: $ 50 x Customer's Allocation in qallons X= 20,000 qallons b._~After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Condition III. d~. The City Manaqer is'directed to institute written quidelines for disconnection of water service under this provision which will satisfy minimum due process requirements, if any. R13717A5.wpd 24 .E-(l_)lt shall be a defense to imposition of a surcharqe hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a maior water line break). -- (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the cimumstances by a plumber). 2.~)__^ sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causinq or permittinq the loss of water. J. (i) When this section refers to allocation or water usaqe periods as "month," "monthly," "billing period," and the like, such references shall mean the period in the City's ordinary billing cycle which commences with the readinq of a meter one month and commences with the next reading of that meter which is usually the next month. (1) The goal for the lenqth of such period is 30 days, but a vadance of two days, more or less, will necessarily exist as to particular meters. (2) If a meter reader is prevented from timely readinq a meter by a dog o~' any other obstacle which is attributable to the customer, the original allocation shall apply to the Ionqer period without modification. 2.?..7 Sec. 55-156. Effluent distribution; permit and requlations. ~--. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the City may make available effluent water discharqed from it,~ sewaqe treatment plants for the purpose of waterinq lawns, qrass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under tt~e terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The City shall be under no obli(~ation to orovide such effluent and reserv~.,~ the riqht to discontinue such service at any time and to limit the volume and to establish or alter Ioadinq procedures and/or locations as necessary for the efficient administration of the Wastewater Division. B. (b) No Effluent Distribution Permit shall be issued except upon application filed with the Wastewater Division of the City. Every such application shall contain the following information: R13717A5.wpd 25 (1) Name of applicant. (2) Name of authorized representative (e.g. president of corporation; partaker; etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weiqht and clross vehicle weight, container capacity in gallons, vehicle registration number, and the State safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, includinq whether the use is proposed for residential, commercial, or industrial purpose. C. (c) Upon the filinq of the required application, and payment of the permit fee specified herein for each container unit, the Wastewater Superintendent, or the Superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue. a permit for each such container unit. (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. D. (d) The Permit Fee shall be fif~/dollars ($50.00) per month for each unit plus five dollars ($5~ Der month for each unit per 1,000 gallons of capacity (or portion thereof) over the first 1,000 gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. E. (f) Notwithstanding subsection (q) of this section, a resident of the City of Corpus Chdsti may obtain effluent at no charqe from a wastewater treatment plant, designated by the Wastewater Superintendent, for the irrigation of veqetation, dust control, or waterino a foundation at the individual's personal residence. R13717AS.wpd 26 (1) Any effluent received under this subsection may not be sold or transferred tn another individual or used for commercial purposes. 1. a. Before receivinq effluent the resident must obtain a permit from the Wastewater Superintendent, or the Superintendent's desiqnee. 2. b. Prior to receivinq a permit, the resident must complete a course of instruction on the handlinq of wastewater effluent that has been developed by the City's Health Department. 3. c. Any container used to receive and transport effluent must have a lid or cap, be watertiqht, and be properly secured to the vehicle. d._~AII containers are subject to inspection and approval of the City Health Department or Wastewater Department. 4. e.~Any effluent received under this subsection must be immediately transported to the personal residence of the individual receivinq the effluent and used for the irriqation of veqetation, dust control, or watednq a foundation. f.__The effluent may not be stored for future use. 5. q.A resident usinq effluent for the irriqation of veqetat on or dust control must post a si(In on the property leqible from the street statinq that effluent is beinq used on the property. 6. h_~_Every resident obtaininq effluent under this subsection must either: a. 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter) in the amount of three hundred thousand dollars ($300,000.00) per occurrence. Or b. 2_.~_Siqn a form provided by the Superintendent that releases the City of Corpus Christi from any liability resultinq from the resident'.~ improper use or transportation of the effluent and aqree to hold the City harmless, includinq reimbursinq the City for the costs of defendinq itself. r'. (q) Eve~/Effluent Distribution Permit shall be subject to the followinq terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of 500 (la ons; shall be capable of beinq closed water tiqht and shall be so closed durinq transport of effluent water; and shall be maintained in a leak-proof condition; provided, R13717A5.wpd 27 however, that special permits may be issued for container units with a capacity of less than 500 gallons upon the determination by the Wastewater Division Superintendent that all other container unit specifications herein required-have been met and that the particular container unit does not create an increased risk to the public health and safety. (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the Wastewater Division prior to rece vinci any effluent water from the City. a_~_. The Wastewater Division may certify a driver or handler who has completed a course of instruction on the handlinq of wastewater effluent that has been developed by the City's Health Department. (4) Effluent water shall be used as soon as possible to prevent reqrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed-site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one milliqram per liter ('parts per million) [1 moll (DDm)], consistent throuqhout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the City by a federal or state requlatory aclency or the applicable requlations of a federal or state requlatory aclency. (7) Effluent containers, includ ncl those used for storaqe, shall be subject to inspection and approval of the City Health Department or wastewater division, · whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danqer to Public health. (8) Every permittee shall provide proof of and shall maintain in force a policy of comprehensive qeneral liability insurance in the amount ~ -'--~"-'='-' .... t ....... -~ ........... -~ -~-'' .... ~'" C0O CO) specified by the City' Risk Manager under Sec. 17-15; or shall maintain a policy of qeneral business liability insurance in the same or qreater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The City shall be named as an additional insured on the qeneral liability insurance policies. R13717A5.wpd 28 (9) By acceptance of a permit under this section and/or receipt of effluent water from the City system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its aqenm and employees, from and aqainst all claims and actions, and all expenses incidental to the investiqation and defense thereof, based upon or arisinq out of damaqes or iniuries to person or property in any way related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than ten point type, substantially as follows: "CAUTION "You are hereby advised that effluent water is the discharqed water from sewaqe treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the followino orecautions: "1. Do not use effluent water for drinking, bathinq, or personal hyqiene purposes. "2. Do not use effluent water for washing autos, clothes, or other personal contact items. "3. Do not use effluent water in swimming pools or for similar recreational uses. "4. Do not allow children to play on grass wet with effluent water, wait until it dries. "5. Do not use effluent which has been stored for more than four (4) houm unless the chlorine residual level has been tested and is not less than on~. Dart oer million [1 mq/l(p.m.)l. "6. Application of effluent shall be by coarse stream and shall not be by fine spray." C. (h) Violation of any of the cautions set forth in subsection (q)(10) of this section, by any person, is a violation of this section. I I. (i/__Violation of any of the Drovisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's Effluent Distribution Permit. R13717AS.wpd 29 Sec. 55-157. Operations plan for reservoir system. To maximize the amount of water reliably available to the City and its water custerners, the City Manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: 1. A minimum of 2,000 acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release aqreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation 74 feet before water is released from Choke Canyon Reservoir in excess of the 2,000 acre-feet per month requirement. Secs. $$-I$7 55-158 - 55-159. Reserved. .SECTION 2. That Section 2.1 of the Water Conservation and Drought Contingency Plan, which is adopted by Section 55-156 of the Code of Ordinances is amended as follows: a. The first sentence of the introductory paragraph is revised to read as follows: 2.1 DROUGHT CONTINGENCY PLAN SUMMARY The following steps will be taken stalin§ when the combined water supply in Lake Corpus Christi and Choke Canyon reservoirs necessitates, based on conditions existing at the time r~ch ~-,~,~,' .... ",,,,~,~*"- .......... ,,o,~, in ~tc~r~,3~ ~ 40% c~r,~oo .... ~f .... ~,~,o,' ............ :"' The plan proposes to meet a water shortage situation through a series of water demand reduction measures supplemented by increasing supply through alternative water sources. b. The first sentence under Condition I is deleted. 2.1 DROUGHT CONTINGENCY PLAN SUMMARY CONDITION I - WATER SHORTAGE POSSIBILITY R13717A5.wpd c. The first sentence under Condition II is deleted. CONDITION II -- WATER SHORTAGE WATCH 3O d. The first sentence under Condition III is deleted. CONDITION III - WATER SHORTAGE WARNING e. The first sentence under Condition IV is deleted. CONDITION IV - WATER SHORTAGE EMERGENCY SECTION 3. That Section 2.2 of the Water Conservation and Drought Contingency Plan, which is adopted by Section 55-156 of the Code of Ordinances is repealed. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 55-155 of the City Code of Ordinances, as adopted by Section 1 of this ordinance. R13717AS.wpd 31 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. R13717A5.wpd Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ,2001, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2001 by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the ATTEST: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott __day of ,2001. Armando Chapa City Secretary APPROVED: day of James R. Bray, Jr., City Attorney By: R. Jay Reining First Assistant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi ,2001: 32 3717AS.wpd Jimmy Bray - channel design scope.doc Page 1 Scope of Services Rincon Diversion Project Design, Bidding and Construction Administration Services For Overflow Channel from the Nueces River to the Nueces Delta And Diversion Pipeline from Calallen Reservoir to the Nueces Delta In conjunction with the amended 1995 Agreed Order on freshwater inflows to the Nueces Estuary, the City of Corpus Christi has agreed to construct facilities that will provide for freshwater inflows to the Nueces Delta in the Rincon Bayou area. Under the amended 1995 Agreed Order, the City will need to construct the following facilities in order to comply with the amendment: 1. An overflow channel cut in the Nueces River Bank to facilitate freshwater interaction between the Nueces River, tidally-influenced segment and the Upper Rincon Bayou; 2. Construct an intake and pipeline to deliver water from the Calallen Reservoir to the Upper Nueces Delta. The schedule for these projects, as described in the amended 1995 Agreed Order, calls for a phasing of the two construction projects. This Scope of Services is meant to be the first phase of the design and consmiction process. It covers the design and bidding of the overflow channel cut from the Nueces River to the Nueces Delta. Once the Preliminary Engineering is completed for the pipeline and intake from Calallen Reservoir and a preferred alternative is selected, HDR will provide the City with an addition to this Scope of Services to design and bid the pipeline and intake. SCOPE OF SERvICEs - OVERFLOW CHANNEL Design Services HDR will provide the City with plans and specifications necessary to bid and construct the overflow channel cut from Nueces River to the Nueces Delta. Preliminary Engineering Assessments are scheduled to be completed by the end of March 2001. At this time it is anticipated that the design of the overflow channel will be very similar to the U.S. Bureau of Reclamation's (USBR) design. The design provided to the City will include plan and profile on the overflow channel cut and the design of armoring of the channel at the Nueces River interface (if deemed necessary in the Preliminary Engineering). In addition, HDR will provide the City with an Opinion of Probable Construction Costs based on the components of the project as finally designed. Final design plans and specifications will be delivered to the City no later than May 8, 2001. The City will then have one week to review and provide comments to HDR no later than May 15, 200I. HDR will review comments with the City and address all outstanding issues no later than May 21,2001 in order to facilitate advertising the project request for bids on May 21,2001. Design services do not include: Jimmy Bray - channel design scope.doc Page 2 i City of Corpus Christ/ Rincon Diversion Project Geotechnical Investigations. HDR does not anticipate the need for any soil evaluations for the overflow channel cut design. -- Surveying Support. HDR does not anticipate the need for ground surveying support for the design on the overflow channel cut. HDR anticipates using existing aerial mapping and as-constructed information from the USBR to complete the design. Permitting. I-IDR will continue to address permitting issues under the existing contract, Amendment No. 1 to the Contract for Engineering Services for Reservoir Operating Plan Update and Flood Release Model, Project No. 8335. Land Acquisition Assistance. FIDR will continue to assist in land acquisition under the existing contract, Amendment No. 1 to the Contract for Engineering Services for Reservoir Operating Plan Update and Flood Release Model, Project No. 8335. Overflow Channel Cut Design Phase Total Cost $28,000 Bidding Services After written authorization to proceed with the Bidding Phase, HDR shall: 1. Assist the City in advertising for and obtaining bids for the contract to construct the overflow channel cut facilities; maintain a record of prospective bidders to whom Bidding Documents have been issued; attend a pre-bid conference; and receive and process, on behalf of the City, deposits for Bidding Documents. 2. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 3. Consult with the City to determine the acceptability of substitute materials and equipment proposed by the Contractor(s) when substitution prior to the award of the contract is allowed by the Bidding Documents. 4. Attend the bid opening and prepare bid tabulation sheets. Assist the City in evaluating the bids and assembling and awarding contracts for the construction of the overflow channel cut. Overflow Channel Cut Bidding Services Phase Total Cost $12,000 Construction Services Services to be provided shall be mutually agreed to by the City and HDR. These services may include attendance at construction meetings, periodic visits to the construction project site as requested and observation of the work in progress, review of shop drawings, and preparation of record drawings for the overflow channel cut project. Costs to be determined SCOPE OF SERVICES - INTAKE AND PIPELINE HDR is currently preparing a Preliminary Engineering Report (PER) for the intake and pipeline, from Calallen Reservoir to the Nueces Delta, under the existing contract, Amendment No. I to the Contract for Engineering Services for Reservoir Operating Plan Update and Flood Release Jimmy Bray - channel design scope.doc Page 3 City of Corpus Christi Rincon Diversion Project Model, Project No. 8335. Once the PER is complete and a preferred alternative is selected, HDR will provide the City with an addition to this Scope of Services to provide design, bidding and-' construction services for the pipeline and intake project. Costs to be determined Notes and Comments