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HomeMy WebLinkAboutAgenda Packet City Council - 03/20/2001CITY COUNCIL AGENDA orpus Christi March 20, 2001 1:45 p.m. 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 20, 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 ~f the audience wi~~ be pr~vided an ~pp~rtunity t~ address the C~unci~ after the Presentati~ns secti~n~ Please speak into the microphone located at the podium and state your name and address. Yourpresentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaRol en todas ~as juntas del Concilio para ayudade. 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. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Pastor Alston Kirk, Trinity Lutheran Church. Pledge of Allegiance to the Flag of the United States. 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 MINUTES: Approval of Regular Meeting of March 13, 2001. (Attachment # 1) Agenda Regular Council Meeting March 20,2001 Page 2 BOARDS & COMMITTEE APPOINTMENTS: (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-espar~ol en ia reuni6n de la junta para ayudarle. 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. PRESENTATIONS: Public comment will not be solicited on Presentation items. Presentation by Mr. Billy Parks, District Engineer for the Texas Department of Transportation Corpus Christi District Office, on regional transportation plans. (Attachment # 2) City of Corpus Christi FY00-01 Second Quarter Financial Performance Report and Five Year Financial Forecast (Attachment # 3) 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. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 20,2001 Page 3 CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and supporf material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion approving a supply agreement with Perfection Corporation, Madison, Ohio, for approximately 1,050 Anodeless Service Risers, in accordance with Bid Invitation No. B1-0085-01 based on Iow bid for an estimated annual expenditure of $15,169.50. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY00-01. (Attachment # 4) Motion approving a supply agreement with the following companies for the following amounts for approximately 143,000 feet of polyethylene pipe and 5,080 fittings in accordance with Bid Invitation No. BI-0086-01 based on Iow bid for an estimated annual expenditure of $134,301.43. The terms of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY00-01. (Attachment # 5) Gajeske, Inc. San Antonio, TX Group 1 & 2 $116,435.83 Cummins Utilities Supply Forth WorthITX Group 3 $17,865.60 Grand Total: $134,301.43 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 20,2001 Page 4 10. 11. Motion authorizing the City Manager or his designee to execute a construction contract with Insituform Technologies, Inc. for a total fee not to exceed $273,460 for the Oso Water Reclamation Plant Yard Piping Replacement. (Requires 6 votes) (Attachment # 6) Motion authorizing the City Manager or his designee to execute an addendum to the contract with the Housing Authority of the City of Corpus Christi (Authority) to extend the supplemental police services provided by the Corpus Christi Police Department until all available grant funds of $125,176 have been expended. (Requires 6 votes) (Attachment # 7) Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $625,000 to the U.S. Department of Justice, Office of Community Oriented Policing Services for funding available under the COPS MORE 2001 program with the City providing the required 25% match of $156,250 available through the Law Enforcement Trust Fund. (Attachment # 8) Resolution authorizing the City Manager or his designee to apply for a $180,000 Technology Opportunity Program grant from the U.S. Department of Commerce to install web-based kiosks in public places which will provide individuals with access to city and other public services and information. (Attachment # 9) Second 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. (First Reading 3/13/01) (Attachment # 10) Second Reading Ordinance -Amending the Code of Ordinances, City of Corpus Christi, by revising Article XlI, 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 Drought Contingency Plan by deleting the references to specific CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 20,2001 Page 5 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 Xll of Chapter 55; providing for penalties; providing for severance. (First Reading - 3/13/01) (Attachment # 11) K. PUBLIC HEARINGS: ZONING CASES: 12. Case No. 0101-03, A.J. and M.C. Ramos Partners, Limited: A change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District on 3.707 acres out of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Ennis Joslin Road and the McArdle Road extension. (Requires 6 votes) (Attachment # 12) Planning Commission's and Staff's Recommendation: Approval of the "B-4" General Business District on the north 1.272 acres and deny the "B-4" District on the south 2.435 acres, and in lieu thereof, approved a "B-l" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by A.J. and M.C. Ramos Partners, Limited by changing the zoning map in reference to 3.707 acres out of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, from "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District on Tract A and "B-4" General Business District on Tract B; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13.a. Ordinance providing for the issuance of General Improvement and Refunding Bonds, Series 2001, of the City of Corpus Christi, Texas, in the aggregate principal amount ($39,170,000') and bearing interest at the rates hereinafter set forth, and providing for the levy, assessment and collection of a tax sufficient to pay the interest on CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 20,2001 Page 6 13.b. 14. 15.a. 15.b. said bonds and to create a sinking fund for the redemption thereof at maturity; repealing all ordinances in conflict herewith; and providing that this ordinance shall be in force and effect from and after the date of its passage. (Attachment # 13) (*Preliminary, subject to change on sale of bonds) Ordinance providing for the issuance of General Improvement Refunding Bonds, Series 2001A (December 2001 delivery) of the City of Corpus Christi, Texas, in the aggregate principal amount ($11,240,000*) and bearing interest at the rates hereinafter set forth, and providing for the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the redemption thereof at maturity; repealing all ordinances in conflict herewith; and providing that this ordinance shall be in force and effect from and after the date of its passage. (Attachment # 13) (*Preliminary, subject to change on sale of bonds) Motion authorizing the City Manager or his designee to execute an Advance Funding Agreement with the State of Texas, acting through its Texas Transportation Commission, setting forth responsibilities for the reconstruction of the existing continuous highway lighting at the intersection of the Crosstown Expressway (SH 286) at the South Padre Island Drive (SH 358) Expressway Interchange and its approaches as a part of the Texas Department of Transportation's Crosstown Extension/South Padre Island Drive Interchange Construction Project, and authorizing the deposit of $500,301.85 with the Texas Department of Transportation as the City's share of construction costs (Bond Project). (Requires 6 votes) (Attachment # 14) Motion authorizing the City Manager or his designee to amend the existing lease agreement with Frost National Bank for 41,289 square feet of the Frost Bank Building, located at 2402 Leopard and the land on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1, Nelson Addition No. 2, to provide for an additional allowance of $500,000 from Frost National Bank. (Requires 6 votes) (Attachment # 15) Ordinance reappropriating $458,440 from the Frost National Bank Lease Purchase Agreement, in the General Fund No. 1020, amending Ordinance No. 024130 which adopted the FY00-01 Budget CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 20,2001 Page 7 15.c. 15.d. 16. by increasing both revenues and appropriations by $458,440 in the No. 1020 Fund for improvements to the Frost Bank Building. (Attachment # 15) Ordinance appropriating $500,000 from the amendment to the Frost National Bank lease purchase agreement in the General Fund No. 1020, amending Ordinance No. 024130 which adopted the FY00-01 Budget by increasing both revenues and appropriations by $500,000 in the No. 1020 Fund for improvements to the Frost Bank Building. (Attachment # 15) Motion authorizing the City Manager or his designee to execute a construction contract with Zimmerman Construction in an amount not to exceed $578,240 for the Frost Bank Lease Remodel. (Requires 6 votes) (Attachment # 15) (RECESS REGULAR COUNCIL MEETING) MEETING OF THE CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION: CORPUS CHRISTI COMMUNITYIMPROVEMENT CORPORA TION (Attachment # 16): AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION Date: Tuesday, March 20, 2001 Time: Dudng the meeting of the City Council beginning at 2 p.m. Location: City Council Chambers City of Corpus Christi 1201 Leopard Street Corpus Chdsti, Texas 78401 1. President Betty Jean Longoria calls the meeting to order. 2 Secretary Armando Chapa calls roll. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 20,2001 Page 8 Board of Directors Officers Betty Jean Longoria, Pres. Rex Kinnison, Vice Pres. Javier Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales John Longoda Samuel L. Neal, Jr. Mark Scott W. Thomas Utter, Gen. Mgr. Armando Chapa, Secretary Mary Juarez, Asst. Secretary Jorge Cruz-Aedo, Treasurer Mike Harty, Asst. Treasurer 3. Approve Minutes of the Meeting of August 22, 2000. 4. Financial Report. 5. General Manager's Report. Authorizing execution of an agreement with Accessible Communities, Inc. (ACI), a certified CHDO, to provide $104,325 from the HOME Program for the acquisition and rehabilitation of a building and property located at 1537 7~h Street. Authorizing execution of an agreement with LULAC Village Park Apartments to provide an additional $45,000 from the HOME Program for the completion of Phase 3 of four (4) phases to their 152-unit development. Authorizing execution of an agreement with Nueces County Senior Citizens, Inc. to provide $40,000 from the HOME Program to install storm shutters to the 40-unit housing complex at 1728 Delgado (El Paraiso). Authorizing the amendment of the agreement with the Corpus Christi Community Development Corporation (CCCDC) to provide an additional $500,000 from the HOME Program to provide assistance to an additional 33 homebuyers. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting March 20,2001 Page 9 17. 18. 10. Public Comment 11. Adjoumment. (RECONVENE REGULAR MEETING) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in orderto 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 concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 77th Texas Legislature. 19. CITY MANAGER'S REPORT CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summar,j) * Upcoming Items Agenda Regular Council Meeting March 20,2001 Page10 20. MAYOR'S UPDATE 21. COUNCILAND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 2:30 p.m., March 16 ,2001. 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" Basic Services: Trash, Debris Improve Brush, 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 Airport Improvements Street Assessment Golf Course Youth Crime Initiatives Environmental Compliance Development Center Community-Oriented Policing 1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS Privatize Services · Explore additional opportunities 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 Improve Working Relationships with Other Taxing Entities · Invite to quarterly meetings · "Tax Summit" · Explore opportunities to share in tobacco settlement dollars Landscaping / Improvement of Entry~vay 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 Legislative Issues Museum of Science and History Long-Range Plan Tax Increment Financing District (Packery Channel) Long-range Strategic Water Planning Capacity. External Issues Metrocom Crosstown Expressway Spaceport Medical 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) Hospitality Industry Development - Central City CC Beach Development Marina Development Development of Island, Post-Packery Channel Foreign Trade Zone Expansion Community-wide Visioning Process ._ MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 13, 2001 2:03 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 Gonzales Rex A. Kinnison John Longoria Mark Scott City_ Staff: City Manager David R. Garcia City Attorney 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 Council Member John Longoria, following which the Pledge of Allegiance to the United States flag was led by Council Member Cooper. 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 City Council workshop of February 20, 2001 and the regular Council meeting of February 27, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal recognized members of the delegation who traveled to Reno, Nevada, to bid on holding the 2006 American Bowling Congress tournament in Corpus Christi. The delegation was successful in their efforts and that tournament is expected to bring in about $60 million in revenue and thousands of bowlers and their families to this city during the five-month tournament. The delegation members present at the Council meeting were: Brad Lomax, Chairman of the Convention and Visitor's Bureau; Joey Jarreau, Director of the CVB's Sales and Marketing Department; Bill Morgan, Holiday Inn Emerald Beach; Ed Persall, Hospitality, Sales and Marketing Association; Bobby Puentes, President of the Corpus Christi Area Bowling Association (CCABA); Tim Lyons, current Past-President of the Corpus Christi Men's Bowling Association; Jim Ward, Secretary-Treasurer of the CCABA; and Wayne Bennett, new President of the CVB. The delegation then showed the video tape that was shown at the ABC tournament in Reno. Council Member Betty Jean Longoria commented that she, Mayor Neal and city staff traveled to New York City last week to make presentations to three bond rating agencies in preparation for the year 2000 bonds being sold. She said that last year the Council made difficult budget decisions and the success of the bond election shows that Corpus Christi is investing in its future. City Manager Garcia introduced Mr. Mark McDaniel, new director of the Office of Management and Budget, who briefly addressed the Council. Minutes - Regular Council Meeting March 13,2001 Page 2 Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Board of Adjustment Charles Schibi Gene Clancy (Alternate) Building Standards Board Leroy San Miguel (Reappointed) Rudy Garza Ethics Commission Herbie Garcia Jr. Mayor Neal called for petitions from the audience. Mr. R.F. Hasker, 1813 Wallace, said citizens are given bad or misleading information about the Packery Channel issue. For example, he said Charles and Betty Spencer have been criticized for not naming the donor of a large donation to "Let Us Vote Corpus Christi." Mr. Hasker called the financing plan for the Packery Channel project a boondoggle. Mr. J.E. O'Brien, 4130 Pompano, asked for a review of the city's gas purchase contract, saying that the cost of gas being passed through to the citizens is excessive. He also asked the Council to consider a refund or reduction in utility rates. He said San Antonio has adopted utility relief programs of over $22 million. He said last year Corpus Christi's combined utility fund had a net income of over $25 million. Council Member Kinnison asked Mr. Garcia to respond in writing to Mr. O'Brien's requests. Ms. Emerida Femandez said she owns property in Corpus Christi behind Sunrise Mall and her tenants are complaining about bad sewer lines, which she described. She said she has complained about the problem to the city. Mayor Neal asked Ms. Fernandez to speak with Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, and a representative of the Wastewater Department. Mr. Abel Alonzo, 1701 Thames, said that a majority of the community's Hispanic youth are uneducated and unskilled. He said opponents of the Packery Channel project contend that the planned development will only create low-paying jobs; however, said Mr. Alonzo, a job is a job when a person has to pay bills. Mr. David Perry, 14126 Cutlass, referred to property he owns on Padre Island on which i~e would like to open a restaurant. He again objected to Ordinance No. 023905, passed on January I 1, 2000, which amended the Zoning Ordinance regarding uses allowed in the "B-2A" Barrier Island Business District and regarding street yard requirements. Mr. Perry said that ordinance basically rezoned his property so that he cannot conduct business there. He added that the "A-2" District does not require a 6-foot tall masonry wall as the zoning amendment now does. He said property owners are not informed of text amendments. Minutes - Regular Council Meeting March 13, 2001 Page 3 Mr. Leon Perez, 904 Buford, thanked the Mayor for striving to do something for the city. He said he called last week asking to speak to the City Manager, Council Member Scott, and Assistant City Manager Utter, all of whom were out of the city. Mr. Perez also questioned the proposal to add two more Port Commissioners. Mr. Trian Serbu, 14310 Playa del Rey, said the ballot language conceming Packery Channel should simply read: "Shall the City Council continue Ordinance No. 024270 which creates a taxing zone on part of Padre Island to pay, solely from the increased property values within the zone, for construction and maintenance of Packery Channel?" He objected to the rest of the ballot language, which reads (after the words "Packery Channel") "and related beach restoration, a park, beach access, restrooms, showers, walkways, parking, fishing, and related improvements.'?" Mr. Serbu said the whole sentence as it will appear on the ballot is biasing the election in favor of the project. He said citizens have already paid for the beach improvements with the county beach parking fee but they never occurred. In response, Mayor Neal said the Council approved the ballot language. Mayor Neal called for consideration of the consent agenda (Items 3-11). City Secretary Chapa said Item 8 had been withdrawn. Council members requested that Items 3 and 5 be withheld for discussion; there were no comments from the audience. Mr. Chapa polled the Council for their votes: 4. M2001-102 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 Pre-Planning for Post Hurricane/Disaster Recovery Operations for the 2000 Hurricane Season. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. 6. ORDINANCE NO. 024386 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 $41584.55 for City's share of costs of the improvements. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. 7. ORDINANCE NO. 024387 Ordinance closing and abandoning a 5,776-square foot portion of a 20-foot wide utility Minutes - Regular Council Meeting March 13, 2001 Page 4 easement out of Lot 2B and 3, Block 1, Caja Industrial Development Subdivision; requiring the owner, Regional Transportation Authority (RTA), to comply with the specified conditions and replat the property within 180 days at owner's expense. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting 'Aye" Scott absent. 8.a. WITHDRAWN 8.b. WITHDRAWN M2001-103 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. 10. ORDINANCE NO. 024388 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 Enfomement Officer Standards and Education. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. Minutes - Regular Council Meeting March 13, 2001 Page 5 11. RESOLUTION NO. 024389 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. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent. Mayor Neal opened discussion on Item 3, stormwater projects. In response to Council Member Colmenero, Mr. Angel Escobar, Director of Engineering Services, described the location of the improvements, which will alleviate flooding in those areas. City Secretary Chapa polled the Council for their votes as follows: 3. M2001-101 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. 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 5, parking prohibition on West Broadway Street. Mr. Colmenero asked about signage there and Mr. David Seiler, City Traffic Engineer, said appropriate signs indicating the parking prohibition will be posted. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 024385 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; providing for penalties. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Minutes - Regular Council Meeting March 13, 2001 Page 6 Mayor Neal opened discussion on Item 12, arbitrage interest earnings. Mr. Jorge Cruz-Aedo, Director of Financial Services, explained that the excess interest earnings from the city's outstanding bonds have to be remitted to the federal government. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. M2001-104 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. 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 13, solid waste consulting services. City Manager Garcia said the city will be addressing several major solid waste initiatives, including automated garbage collection, closing out the existing landfill, and opening the new landfill. Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, said staff is proposing that Gershman, Brickner & Bratton (GBB) assist with the following reengineering initiatives: implement phase one of the automated collection program; develop a request for proposals for the recycling collection program; update the solid waste business plan; improve landfill competitiveness through pricing, operation comparisons, and cost-effective operation; and develop full-cost accounting procedures. Responding to Mayor Neal, Mr. Mikolajczyk said the term of the proposed contract is approximately 270 days. The Mayor called for public comment and there was none. Council Member Kiunison said the evaluation of the city's solid waste operations should include the option of delaying the construction of the Cefe Valenzuela Landfill while continuing the operation of the J.C. Elliott Landfill and supplementing it with the use ora private landfill. He also asked if the consultants could shorten the period of the contract so the Council can take action prior to the end of the year. Mr. Mikolajczyk said the curbside recycling request for proposals (RFP) is about 90% complete and much of the work has been done on the automated collection process; staff is waiting for GBB to review it. Mr. Kinnison said the landfill operation is a critical component tl~at needs to be addressed in a timely fashion. In reply to Council Member Gonzales, Mr. Garcia said staff is proposing putting the operation of both the Elliott and Valenzuela landfills out for competitive bids and comparing them to the option of the city continuing to operate the landfills. Dr. Gonzales questioned when the Council decided to privatize the landfill. Mr. Garcia said they have not made that decision yet; rather, staff wished to present to the Council all the different cost options and the Council will make the Minutes - Regular Council Meeting March 13, 2001 Page 7 ultimate decision on the solid waste business operations. Council Member Scott said that in 1999 the Council set as one of its priority issues the need to explore additional opportunities to privatize services, and he questioned what has taken staff so long to pursue that directive. He also asked how the consultant will be paid. Mr. Mikolajczyk replied that they will bill the city on a monthly basis but the entire amount of the contract will be secured in this year's budget. He added that previously GBB took staff through the steps of full-cost accounting but a complete analysis was not conducted. In response to Council Member John Longoria, Mr. Massey said the city had a previous contract with Mr. Gary Shanoff, an attomey specializing in solid waste issues, who in mm used GBB to prepare analyses of the city's operations. He said GBB gave a presentation to the Council about their findings (on November 21, 2000). Mr. Massey also described different ways that the Elliott and Valenzuela landfills can be operated, including combinations of public and private operations. Mr. Massey added that staff has been contacted by at least 12 companies nationwide which have expressed interest in the RFP for the Valenzuela Landfill. The question is how much they would charge to operate that landfill. Mr. Garcia said it is conceivable that once they compare the cost of private operations versus the city's cost, they may determine that the city's costs are less. Mr. Massey also further responded to Mr. Longoria's questions regarding the services that GBB will provide. Council Member Colmenero asked about the source of the funds for the consultant's contract. Mr. Mikolajczyk replied that they are unused funds from expenditures that were not made. Mr. Colmenero said the pass-through costs need to be clarified and he requested comparisons of continuing the current collection frequency versus a reduction in the frequency. Responding to other questions from Mr. Colmenero, Mr. Massey said the longest part of the contract will be finalizing the RFPs and reviewing and evaluating the bids. If the automated collection program is authorized, the next step would be to procure the vehicles and containers and make decisions about the recycling program and the business plan. Dr. Gonzales said solid waste services is a major operation of the city and he is a strong promoter of efficiency. He questioned whether a consultant is needed to evaluate the city's solid waste operations or if staff could do that internally. Mr. Massey said the consultants bring expertise regarding how business is done in the industry. Council Member Betty Jean Longoria said the city has to determine whether or not it is operating in a cost-efficient manner. She said the end result will benefit the citizens. Dr. GonZales said he agrees with efficiency but he does not support privatization. Mr. Kinnison reiterated his previous request that staff present all the options available. City Secretary Chapa polled the Council for their votes as follows: 13. M2001-105 Minutes - Regular Council Meeting March 13, 2001 Page 8 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garret/, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye." Mayor Neal opened discussion on Item 14, updated service credits. Ms. Sharon Dove, Assistant Director of Human Resources, said this ordinance will allow for updated service credits automatically on an annual basis. She said the Texas Municipal Retirement System will have the annuity study to determine the city's contribution rate. She said this proposal was included in the negotiations with the police officers union. Responding to Mayor Neal, Ms. Dove said this applies to all city employees except firefighters and the current rate is 10.92%. In reply to Council Member Gonzales, Ms. Dove said updated service credits use an employee's average monthly salary over a recent three-year period to recalculate the employee's retirement credit. In addition, the ordinance adjusts the annuities by 50% of the increase in the Consumer Price Index that the retirees and beneficiaries would receive. Mayor Neal said this reassures the retirees that there is a built-in adjustment for them similar to other federal and state programs and the Social Security program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READiNG ORDiNANCE 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. The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scot/voting "Aye"; Garret/ abstaining. Mayor Neal opened discussion on Item 15, Rincon Bayou project. Mr. Massey reviewed the presentation that he gave to the Council on February 27, 2001, explaining that the Nueces Estuary Advisory Council (NEAC) approved the city's proposed Minutes - Regular Council Meeting March 13, 2001 Page 9 amendments to the agreed order on March 6th. He said the proposal will then be sent to the members of the Texas Natural Resource Conservation Commission later this week in preparation for their meeting on April 4th. Mr. Massey also reiterated the water conservation measures and the changes in the pass-through requirements that are being proposed. Mr. Kelly Payne, of HDR Engineering, reviewed several charts and graphs illustrating various elements of the city's water supply and freshwater inflows to the Nueces Estuary, including a comparison of the reservoir system's firm yield with the 1995 agreed order alone, with the agreed order and the Lake Texana water, and with the workgroup proposal and the Lake Texana water. Mr. Payne noted that the proposal, which is estimated to cost $5.5 million, is expected to increase the system's firm yield by 3,200 acre-feet annually. Mayor Neal requested the estimated capital costs of the other three alternatives: Refugio County groundwater, Garwood pipeline, and a pipeline between the Choke Canyon Reservoir and Lake Corpus Christi. Mr. Massey reviewed the timeline and Mr. Bray discussed the automatic water conservation measures. He said they have recodified into the City Code the whole water conservation plan and added provisions which call for the most efficient operation of the reservoir system. He and Mr. Massey responded to Council members' questions and comments. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 15.a. RESOLUTION NO. 024390 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 Nueces Estuary Advisory Council. The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. 15.b. FIRST READING ORDINANCE 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 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. Minutes - Regular Council Meeting March 13, 2001 Page 10 The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. 15.c. M2001-106 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. The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent. Mayor Neal announced that the executive session regarding the purchase, exchange, lease, or value of real property in connection with acquisitions necessary for the Rincon Bayou Project (Item 16) was being postponed. He then called for the City Manager's report. Mr. Garcia said that items scheduled for the next Council meeting on March 20th include a presentation on the financial report, five-year financial forecast and performance reports. Following a brief discussion, there was consensus of the Council to hold a joint meeting with the board of the Crime Control and Prevention District on March 27, 2001 beginning at noon. Mr. Garcia added that the rededication of Wesley Seale Dam is scheduled for April 3rd. Mayor Neal called for Council concerns and reports. Dr. Gonzales discussed the recent fatal accident involving a teenager who was crossing Saratoga Boulevard at Ranger Drive following a track meet at Cabaniss Field. He asked that the City Manager work with the Corpus Christi Independent School District to coordinate improved safety measures in that area, such as reduced speed and increased lighting. He said there are also safety concerns at Buccaneer Stadium during sporting events. Mr. Colmenero requested an update on the state school park, and he noted that the Council Chambers had been equipped with new cameras. Mr. Garrett said the City Council Action Request list contains 21 items, one of which dates back to November 21, 2000. Mr. Garcia said several responses are anticipated and others have been addressed but were not taken off the list. Mrs. Longoria reiterated Mr. Colmenero's request for an update on the state school park. Mayor Neal commented on poor lighting and inadequate crosswalk markings outside the airport terminal, which may cause safety problems. There being no further business to come before the Council, he adjourned the Council meeting at 4:45 p.m. on March 13, 2001. 2 AGENDA MEMORANDUM Date: March 16, 2001 AGENDA ITEM: Presentation by Mr. Billy Parks, District Engineer for the Texas Department of Transportation Corpus Christi District Office, on regional transportation plans encompassing all of the southern Mexican border areas, the Valley and the developments with I69, St. Hwy 44 and U.S. Hwy 77. BACKGROUND; At the December 19, 2000, Council Meeting, Council Member Mark Scott requested a report on regional transportation. 3 CTTY COUNCIL AGENDA MEMORANDUM March :1.6r 2001 AGENDA ~LTEM: Presentation of the 2nd Quarter Financial Performance Report ISSUE: Beginning this fiscal year, City Staff resumed quarterly financial reporting to keep the Council regulary apprised of the City's financial condition. BACKGROUND: With the new PeopleSoft system now operational, the Office of Management and Budget has begun to provide a new quarterly perfomance report that includes a new format. REQUZRED COUNCZL ACT]:ON: No formal action required at this time. Mark L. McDaniel Director of Management and Budget ADDTrZONAL SUPPORT MATER~.AL copy of slide presentation [] CITY OP CORPUS CHRISTI J.Fl*sv,al Year 2000- EiE,EEt�E:,,�;iEiEtEs10EEEEiEiiE.� , �,:ul;:.:!�E�„Ii(IElEE.�Ii,:�:.E��„:iEEEEElEEEEElIIEEfffIIEEEEIEEE�LEi�EiiiEEl Second Q=r Performance Report F*ye Year F+ loan 1, Forpq�� FY 29,QQ-Q1 BucJge, t HighlightsHighlights Fiscal Year 2AAA-A1 revpnue§, and eXpendiipres amain ai projeQieq levels YTQ Revenue for all funds equqls $19a,Q�Q,2a,9 or 52% of the FYQQ-01 t otal budgeted alllQutlt of $379,QQ7,021 N Y 200,0-01 Budget Highlights YTP FXpenditureS far all funds equal $1 5978 10 1 , 31 Qor43%oftheFYQQ-Q1 tAtal budgeted amount of $36774227204 YTQ Revenpp-, $73,Q44,01� -5,7% of tptcM Wdgpted revenue of YTQ F-xpenditpres - raf totq.l budgeted ex $12QIQ24;595e $58,4F5,481 of ppnditi4res Q .45% 2 2009AFY,1,1 Gener4l Fungi H*gb .,gi Ad Valorem Qqrrent Property taxes - YTP AQtual, $26,384,749 - A total Pf $33,ap4,11 a, was Ndgeted. Industrial pistrict - in lieu - YTR AGtual, $5,2557Q6,3 - Represen�s q, inQrea,se over hNdgeted qmopnt of $5,W1,R74 5 FY 200 It ,,I G �rwn era! Fond Highlighks Sales Tax - YTP Aotual, $15,a9�,47a - Represents an qnderagp of $3A2,QGA as compared to the YTp budgeted amAunt Qf $ 1 Oil K,4M FY 20P0 -Al U 1 Genera c j - I Fund Highlights f Qpntral Power and Wght Fremohiso, Foe -YTP AFtuqI, $4771Q;a3l2 - Reprownts, qn inorepse Qf $590,702 over the hwdgeted amount of $4,12Q,Q7Q lY 2QQ 1ener l H*gh Inc *gh I J TpIeGpmmuniFptiQn Fop -YTS AGtuql, $1,Aa2,771 - Represents ca deQrec&,ise sof $2G?,�a5 from the budqpted amQunt FY 20 Om 1 re ei. Fund Highleght$ z. COle TV. F- YTP AGtual, I �inGre�so§505,715 - Represents qn of $24,809 over the budqeted a.mqpnt $slid Waste Services YTR Aotual, $.9,362,28Q - Represents crii shortfAll of $714,OpQ as compared tA a YTA 28Q PHdqpt of�1A,A7G, 9 FY 200 ihlii Municipal Court Fees -YTP Actpqj) X1,$34,320 - Represents, an increps P,f $242,032 ove of $1,592728,8 rthe Ndgeted Pmount to Y 20 ,9,9-01 Unterpr Highlights iso Funds Water - YTP AGtual - $�2,1 0275 a - represents aA/P of total Ndget Gp§� - YTR AFtoal - $17,A19,711 - represents GG?iP of total hudqet (paldpr them aVerage tPmperatureS and pass- throu9h cans Pf natural gas) FY 20,p�D-1 n Highlights terprj*se,Ftfnds We.iste.weitpr - YTQ Aotuevil $1572Q27247 - rppresents 5,5°!p of tptc.il udqpt 12 FY 2ppp-QlE,xpenditllCe HighllghkS GENERAL 4- k -r— FprtY-five perFpnt of buOqpt exppll0pO, np §ignificant variances throush 2nd quarter ENTERPRISE FUNDS tj FAOY-twu perGent of budqet expendpd, nn signifiomt variances thrQugh 2nd p FY 2009!iQl Expemc 1*t re H*ghl*gh S U Fqrty-fopr porppnt of WOO expended, no significant variances through 2nd Quarter Forty -Ane perpent of budget expended, no significant variances throu h 2nd ?uarter H Fide Year Financial Forecast 15 FY 2000-Ol 1 Highlights i-Rwer Solid as e aindfill Higher F-IpQtric Franchise ReVenue Owe to Higher Natural Gas Prices 16 Fiye Yearorecas tAssumpt* QIQ s Fiscal Year 2002 m 2006 17 l eyenu+e . ssumptions Property TaX -- 2.5K °/Q annul Saes Tax -- 3t °iQ annual growth on 1pw,,Pr bass CPQ. -- SP7 Ff fective Jempelry 2QQ2 Solid Waste andflll Revenues -- continpe Pt rp, Owed levels dpe to tonnage loss . All Others -- Averege 2 % growth 18 aky E p en i re No .e- No $alqry InFreq,sp Gtrpqp Healxh InsNranGe -1A % annual inFrpa§p Ppwpr, iqht q.nd Neal %P, annual inFrease FyP.l and WbriQants -- 4 P/P qnnqql inproasp All other expenditures .. 2.5 P/P annual increase 19 Finan�ci. and Reserve Polces Respiption cilppteid in May 2QQQ Set Target of 5P/,o,, of expenditqrps within 5 yp.qr§ Pesignates wnqntipipated, one i -time revenqPs cincl bpdqet swrpipses to meet that goal Assumes annpql planni Whet practices 77 W7, ng and conservative KII Adopted Estimated Forecast Forecast Forecast Forecast Forecast 200041 200041 20014 200243 2003.04 200445 2005.06 Unreserved Fund Balance $1,646,957 $ 3,162,072 $ 6,186,672 $ 6,863,034 $ 7,665,757 $ 8,812,442 $10,797,285 Reserved For Encumbrances 0 853,255 0 0 0 0 0 Reserved For Commitments 528,490 699,724 568,720 5441799 5441799 5441799 5441799 Beginning Balance, 811 21175,447 41715,051 6,755,392 7,407,833 8,210,556 9,357,241 11,342,084 Total Revenues 128,323,636 128,958,197 128,593,025 130,488,721 132,876,141 135,445,110 138,314,339 Total Available Funds 130,499,083 133,673,248 135,348,416 137,896,553 141,086,696 144,802,352 149,656,423 Expenditures 126,024,601 126,064,601 127,940,584 129,685,997 131,729,455 133,460,268 135,679,753 Reserved For Commitments 3971486 568,720 5441799 544,799 544,799 5441799 5441799 Unreserved 4,076,995 6,186,672 6,863,034 7,665,757 8,812,442 10,797,285 13,431,871 Closing Fund Balance, 7131 $ 4,474,481 $ 6,755,392 $ 7,407,833 $ 8,210,556 $ 9,357,241 $11,342,084 $13,976,670 Fund Balance %Of Expenditures 3.55% 5.36% 5.79% 6.33% 7.10% 8.50% 10.30% 4 Requested Council Action: 3/20/01 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Perfection Corporation, Madison, Ohio, for approximately 1,050 Anodeless Service Risers, in accordance with Bid Invitation No. BI-0085-01 based on low bid for an estimated annual expenditure of $15,169.50. The term of the contract will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 00-01. BACKGROUND: Purpose: The Anodeless Service Risers are used by the Gas Department to transition from underground pipe to above ground. The Gas meter is attached to the Service Riser. Previous Contract: Bid Invitations Issued: Bids Received: Price Analysis: Award Basis: The option to extend the previous contract was not exercised due to new items added to the contract. Eleven Seven When compared to the previous contract, pricing has decreased approximately 6 %. The decrease is partially due to and increase of quantities requested. Low Bid Funding: Gas Department 520160-4130-34130 $15,169.50 M~chael~Barrera, C[3M' v Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION BI -0085-01 ANODELESS SERVICE RISERS $15169.50 $17,966.50 $18,152.50 $18,353.50 Page 1 of 1 $19,267.00 $19,93500 $29.077.50 Perfection Corporation lCummins Madison, OH 44057 IN. Utility Supply Worth, Texas Galeske, Inc San Antonio, Texas Hughes Supply San Antonio, Texas U.S. Fitters Corpus Christi, Texas Prir star Supply Co. Corpus Christi, Texas Fast Flow Pipe Supply Corpus Christi, Texas Unit Extended Unit Exlendetl Unit Eztendetl Unit Extended Unit Extended Unit Extended Unit Exlended Item Description Oil Price Price Price Price Price Price Price Price Price Price Price Price Price Price 1 36" vertical x 24" horizontal, with a tracer 500 $13.10 $6,550.00 $15.53 $7,765.00 $15.10 $7,550.00 $15.28 $7,640.00 $16.04 $8,020.00 $16.60 $8,300.00 $26.70 $13.350.00 wire connector on horizintal leg, with 12" pig -tail. Inlet. 1" 1PS polyethylene SDR li. P E. 2406 Outlet: i"threaded steel pipe, schedule 40 with external epoxy coating and thermal heat shield. 6,250.00 13.92 6,960.00 15.10 7,550.00 15.28 7,640.00 16.04 8,020.00 16.60 8,300.00 26.70 13.350.00 2 24" vertical x 24" horizontal. with a tracer 500 12.50 wire connector on horizintal leg, with 12" pig tail Inlet 1" 1PS polyethylene SDR 11. P E 2406 Outlet. 1" threaded steel pipe, schedule 40 with external epoxy coating and thermal heat shield 47.39 2,369.50 64.83 3,241.50 61.05 3,052.50 61.47 3,073.50 64.54 3,227.00 56.70 3,335.00 47.55 2.377.50 3 36" vertical x 36" horizontal. with a tracer 50 wire connector on horizintal leg, with 12" pigtail. Inlet 2" 1PS polyethylene SDR 11. P . 2406 Outlet 2" threaded steel pipe, schedule 40 with external epoxy coating and thermal heat shield. $15169.50 $17,966.50 $18,152.50 $18,353.50 Page 1 of 1 $19,267.00 $19,93500 $29.077.50 5 Requested Council Action: 3/20/01 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with the following companies for the following amounts for approximately 143,000 feet of polyethylene pipe and 5,080 fittings in accordance with Bid Invitation No. BI-0086-01 based on low bid for an estimated annual expenditure of $134,301.43. The terms of the contracts will be for twelve months with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY 00-01. Gajeske, Inc. San Antonio, TX Group 1 & 2 $116,435.83 Cummins Utilities Supply Forth Worth, TX Group 3 $17,865.60 Grand Total: $134,301.43 BACKGROUND: Purpose: The pipe and fittings are used by the Gas Department for the construction of new gas lines and the maintenance of existing lines. Previous Contract: The option to extend the previous contract was not exercised due to new items added to the contract. Bid Invitations Issued: Seventeen Bids Received: Five Price Analysis: When compared to the previous contract, pricing has increased approximately 8 %. The price increase is partially due to a rising market for resin products. Award Basis: Low Bid Bids received from CRS Polypipe, Gainesville, Texas, Priester Supply, Corpus Christi, Texas and US Filter, Corpus Christi, Texas have been deemed as non-responsive. Bidders failed to submit firm fixed pricing as required. Performance Pipe, Richardson, Texas, submitted a bid, however their offer took exception to the City's standard terms and conditions. Funding: Gas Department 520160-4 l 30-34130 Micha~l'B~trrera, C Procurement and General Services Manager $134,301.43 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO BID TABULATION BI -0086-01 POLYETHYLENE PIPE AND FITTINGS Group 1 Gajeske, Inc Helotes, Tx Fast Flow Pipe Supply Corpus Christi, Texas Cummins Utilities Supply Forth Worth, Tx Description Qty. Qty. Extended Price Extended Price Extended Price Extended Price Extended Price Extended Price Extended Price PIPE 143,000 ft. $103406.70 $116,980.00 $157,700.00 Sizes: 112" through 8 - $13,098.15 $14,387.15 $19,117.40 Sizes. 1/2" through 4" $18,598.00 Group 2 Gajeske, Inc Helotes, Tx Central Plastics Shawnee, OK Cummins Utilities Supply Forth Worth, Tx Fast Flow Pipe Supply Corpus Christi, Texas Description Qty. Qty. Extended Price Extended Price Extended Price Extended Price Extended Price Extended Price FITTINGS 4,380 ft $1,i.4al8 -3 $13,098.15 $14,387.15 $19,117.40 Sizes. 1/2" through 4" $18,598.00 $18,831.90 $22,396.30 Sizes: V2" through a" Group 3 Cummins Utilities Supply Forth Worth, Tx Gajeske, Inc Helotes, Tx Central Plastics Shawnee, OK Perfection Corporation Madison, OH Fast Flow Pipe Supply Corpus Christi, Texas Description Qty. Extended Price Extended Price Extended Price Extended Price Extended Price TRANSITION FITTINGS 700 ft. $1786560 $18,497.59 $18,598.00 $18,831.90 $22,396.30 Sizes: V2" through a" Note: Bids received from CRS Polypipe, Gainesville, Texas, Priester Supply, Corpus Christi, Texas and US Filter, Corpus Christi, Texas have been deemed as non-responsive. Bidders failed to submit firm fixed pricing as required. Performance Pipe, Richardson, Texas, submitted a bid, however their offer took exception to the City's standard terms and conditions. 6 AGENDA MEMORANDUM DATE: March 9, 2001 SUBJECT: Oso Water Reclamation Plant Yard Piping Replacement (Project No. 7207) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Insituform Technologies, Inc. for a total fee not to exceed $273,460 for the Oso Water Reclamation Plant Yard Piping Replacement. ISSUE: The existing yard piping at the Oso Water Reclamation Plant consists of two lines which carry the gdt chamber effluent flow to the plant splitter box. The piping was installed as cast iron pipe. The piping has exceeded their useful life and requires replacement. FUNDING: Funds for this project are available in the FY 2000-2001 Wastewater Capital Improvements Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Wastewater Department 'Angel R. Escobar, P.E., t Director of Engineering Services Additional Su_o_oort Material: Exhibit"A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tab Summary Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Yard Piping Replacement (Project No. 7207) BACKGROUND INFORMATION: The existing yard piping at the Oso Water Reclamation Plant consists of two lines which carry the grit chamber effluent flow to the plant splitter box, for measured flow to each side of the Oso Plant. The piping was installed in cast iron pipe. The lines have exceeded their useful life, and corrosion atop the lines is so extensive that the lines can spring leaks anytime of high flow, such as dudng rain storms. Releasing any of the flow through line ruptures is a violation of the plant operating permit and of Texas Natural Resource Conservation Commission (TNRCC) regulations. PROJECT DESCRIPTION: The project consists of rehabilitation or replacement of approximately 650 linear feet total, in two line segments of 48-inch cast iron gravity sewer pipe, using either a cast-in-place pipe (CIPP) liner, or through removal and replacement with centrifugal-cast fiberglass pipe, including: excavation; asphalt pavement repairs; pipes, fittings, and appurtences; temporary bypassing and site restoration; in accordance with the plans, specifications and contract documents. BID INFORMATION: The project consists of a Base Bid "A", Base Bid "B" and Base Bid "C" as follows: Base Bid "A" - specifies rehabilitation of existing 48-inch cast iron pipe with cast in-place pipe; Base ~ - specifies for removing and replacing existing 48-inch cast iron pipe with a new 48-inch centrifugally cast fiberglass pipe; and Base Bid "C" - specifies for removing and replacing existing 48-inch cast iron pipe with a new 48-inch PVC pipe. The City received proposals from five (5) bidders on March 7, 2001. The bids ranged as follows: Base Bid "A" = $273,460 to $659,000 Base Bid "B" = $303,000 to $463,875 Base Bid "C" = $405,325 to $484,975 Insituform Technologies, Inc. of Houston, Texas is the Iow bidder on the total of Base Bid "A" in the amount of $273,460. They have satisfactorily performed several jobs for the City and are recommended for the contract award of Base Bid "A". EXHIBIT "A" I Page 1 of 2 CONTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days, with completion anticipated by the end of May 2001. FUNDING: Funds for this project are available in the FY 2000-2001 Wastewater Capital Improvements Fund. H:/HO M E~VEL MA R~G E N\WASTEWAT~7207~AG EN DA.BKG EXHIBIT "A" I Page 2 of 2 OSO WATER RECLAMATION PLANT YARD PIPING REPLACEMENT (PROJECT NO. 7207) Project Budget March 13, 2001 FUNDS AVAILABLE: Wastewater Commercial Paper Program ........................................................ $314,806.00 FUNDS REQUIRED: Construction (Insituform Technologies, Inc.) ................................................... $273,460.00 Contingencies (10%) ....................................................................................... 27,346.00 Major Projects Activity ..................................................................................... 7,500.00 Construction Inspection Activity ....................................................................... 5,000.00 Testing ............................................................................................................. 500.00 Printing ............................................................................................................ 500.00 Advertising ....................................................................................................... 500.00 Total ................................................................................................................. $314,806.00 H:~HO ME, VEL MAR\G E N\WASTEWAT~7207~BU DG ET,WB2 DEPARTMENT Of ENGINEERING - CITY OF CORPUS Cl TEXAS U1:ATAD D! Angel R.Eeeobar, P.E., Director of Engineering Services DATA, Nod" dey, Match 7, 2001 TIME OP COMPLETION, 45 Calendar Daye ENGINEER'S EST ESTIMATE: $250,000 MAkAt Aelcams[ion Plant 'Yard Insituform Technologies King -Isles Garver Construction Ltd. Jalco Inc. Piping Replacement 702 Spirit 40Park Dr 1641 Gold.^.ton 5102 LawtvaII PO Boz .'. 11tH -, 1pY0ject No. 7207 ; Chesterfield, NO 63005 C.C., TX 78409 Houston, TX 77023 Houston, TX 77227 QTY. LIMIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT AMOUNT UNIT PRICE AMOUNT AA Rehabilitate existing 48" 1 LS 248,460.00 24B,1r,0.00 I)- Bid 7PRICE 336, I` I 00 iii Rid C.I.Pipe with CIPP A-2 Allowance for unanticipated 1 LS 25,000.00 25,000.00 25,000.00 ...,000.00 25, i-1000.00 •,001 adjustments ' TOTAL ALBA BID ^A^ (Items $273,960.00 No Bid $761,872.00 No Bid -8-3 Remove and replace existing 1 LS B).nik. 276,700.00 7 n -100.00 11 110,000.00 '111,000.1 48" C.I.Pipe with new 48" centrifugally cast fiberglass pipe B-2 Trench Safety 650 LF =.00 1.100.01 :B-3 Allowance for unanticipated 1 LS 25,000.00 .. 11.00 25,0110.00 ,.0(10.(10 25,01), u0 ''1 .. •, 000. 1 ,Gnu adjustgante Blank $303,000.00 - N❑ _$365,325.00 ove and replace existing 1 LS BlOnk tl,, Bid Nn 380,000.00 1)10,000.11 C.X.Pipe with new 48- I41 AVC C905 pipe jC-2Tr-nlch safety 650 LF Bl:uik D, Bid nn 50 325 owance for unanticipated 1 LS25,000.00 25,100.00 25,000.00 ..`,000.00 25,001.00 , -1`U _5,000.00 , 000ustments AL BAER BID 'Ce (Items Blank No Bid NB -- - 905,325.00 in extension by Contractor - totals shown have been corrected. TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BYs fingel R.Hacobar, P.H., Director of Engineering Servicese DATE: Wednesday, March 7, 2001 COMPLBTION: 45 Calendar Days Oeo Water Relcamation Plant Bracco Construrtion Co. Yard Piping Replacement PO Box 7067 Project No. 7207 C.C., T% 78467 DESCRIPTION A-1 Rehabilitate existing 48" C.1.Pipe with C1PP A-2 Allowance for unanticipated adjustments TOTAi BABE HID ^A" (Itee;e A-1 A A-21 B-1 Remove and replace existing 48" C.I.Pipe with new 48" centrifugally cast fiberglass pipe B-2 Trench Safety B-3 Allowance for unanticipated adjustments TOTAL BASM HID "B" (Items I B-2 8-2 4 8-31 C-1 Remove and replace existing 48" C.I.Pipe with new 48" Or 41 PVC C905 pipe C-2 Trench safety C-3 Allowance for unanticipatet adjustments TOTAL HASH BID "C" (Items Page 2 of 2 ENGINEER'S ESTIMATE: $250,000 arani:NT UNIT PRICE I AMOUNT QTY. 1 11 UNIT LS LS UNIT PRICE 634,000.00 25,000.00 AMOUNT 634,000.00 25,000.00 UNIT PUTcu -- ---- $659,000.00 LS LF LS 434,000.00 7.50 25,000.00 434,000.00 4,875.00 25,000.00 1 650 I $463,875.00 1 650 1 LS LF LS 455,100.00 7.50 25,000.00 155,100.00 4,875.00 25,000.00 484,975.00 \ Mproject \ councilexhibits \ exh 720 7. dwg LOCATIO~ ~P ClP P~ECT No. 7207 ~r m ~ EXHIBIT "O" CZ~ COUNCZL EXHZBZT ~ Oso Wa~ec Reclamation P~an~ ~P~.~Nr O~ ~N~E~N~ SE~C~ Yacd P~p~ng Rep~acemen~ PAGE: I o~ 1 City of Corpus Christi, Texas DATE: 03-09-2001 ~ 7 CITY COUNCIL AGENDA MEMORANDUM Date: March 13, 2001 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an addendum to the contract with the Housing Authority of the City of Corpus Christi (Authority) to extend the supplemental police services provided by the Corpus Christi Police Department until all available grant funds of $125,176 have been expended. ISSUE:. The Housing Authority of Corpus Christi has funds remaining from the current contract which expires March 31, 2001 and are requesting to extend the contract until the funds are expended. BACKGROUND: The overtime Housing Authority Patrol (HAP) began in 1990 when the Housing Authority approached the City for law enforcement support in their developments funded through a HUD Drug Elimination Program grant. The current contract was approved by City Council on June 13, 2000 and expires Mamh 31, 2001. In the contract the Police Department agrees to provide a minimum of ten (10) Police officers, on an overtime basis, to perform specialized patrols to enforce all state and local laws as well as Housing Authority Rules as specified in the contract. Each officer participating will complete a 4-hour shift, at a time and on a day of the week that is mutually agreeable between the Police Department and the Housing Authority. Both parties will jointly prepare a detailed plan of operation to reduce drug related and gang related crime. Officers are responsible for providing the Housing Authority with information regarding their daily contacts, referrals, suspicious persons, and other criminal activity they may have encountered during their tour of duty. FUNDING: The term of the contract was for twelve months, contingent upon the continued availability of funds, but not exceeding March 31, 2001. The Housing Authority has funds remaining from the original contract amount and are requesting an extension of the contract. REQUIRED COUNCIL ACTION: Extension of the contract. RECOMMENDATION: Staffrecommends extension of the contract. AI)I)ITIONAL SUPPORT MATERIAL Letter from the Housing Authority va~ez Chief of Poll-ce CONTRACT ADDENDUM EXTENDING THE TERM OFTHE CONTRACTUAL AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE DEPARTMENT CONTRACT FOR SUPPLEMENTAL POLICE SERVICES On this the __ day of _, 2001, the parties to this contract for Housing Authority Police Patrol services, made and entered into the 13th day of June, 2000, hereby agree to extend the term of the contract for the City to provide supplemental police services and for the Housing authority to reimburse the City for supplemental police services provided until total available grant funds of $125,176.00 have been expended. In no event shall this additional contract term continue beyond 12 months, beginning on the date this addendum is approved by both parties. All other terms of the contract remain in full force and effect. BOARD OF COMMISSIONERS WILLIAM D. BONILLA, Chai~rson HAROLD R. FREDRICKSON, Vice chaaperson PATSY BOONE, Commissioner ELMER CHARLES WILSON, Commissioner IRMA ALICE MARRUFFO, Commissioner HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI 3701 Aycrs Street Corpus Christi, Texas 78415 MICHAEL J. RAYMOND, Executive Director Office: 361-884-3801 Fax: 361-888-9131 March 6, 2001 Pete Alvarez, Jr. Chief of Police Corpus Christi Police Department P.O. Box 9016 Corpus Christi, TX 78469 Dear Chief Alvarez, This letter serves as a request to extend the current contract approved June 13, 2000 by City Council between the Corpus Christi Housing Authority and the City of Corpus Christi in reference to the supplementary police services being performed under the HAPP (Housing Authority Police Patrol) program. Currently the contract is set to expire on March 31, 2001. I am requesting that the contract be extended until the full amount of $125,176.00 is expended. Thank you for your consideration, and the Housing Authority looks forward to continuing the partnership with the Corpus Christi Police Department. Sincerely, . ~-'----~ Executive Director CONTRACTUAL AGREEMENT BETWEEN THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE DEPARTMENT CONTRACT FOR SUPPLEMENTAL POLICE SERVICES This Contract, to provide specific police services associated with the Authority' s anti-drug, anti-gang, anti-crime security programs. ("HAPP Program") and to achieve efl~ci~r~ in meeting intergovernmental responsibilities, is made and entered into this [-~,-~ v~ day of ,~\,~)(x~ , 2000, by and between the Housing Authority of the City ~f Corpus Christi ("Authority"), a Texas governmental entity, acting by and through its duly authorized Executive Director or designee ("Authofity's Agent"), and the City of Corpus Christi ("City"), a Texas home rule municipal corporation, acting by and through its duly authorized City Manager or designee ("City Manager"), for the purposes of this Contract the City Manager's designee is the Police Chief or designee ("Police Chief'). WHEREAS, the Authority desires to contract with the City for additional police services to create a drug and crime free environment and to provide for the safety and protection of the residents in its public housing developments; and WHEREAS, the City, by and through its Police Department, desires to assist in the effort by providing effective police services at all Authority locations; NOW, THEREFORE, the Authority and the City agree as follows: ARTICLE I Scope of Services SECTION ONE: SERVICES PROVIDED BY THE CITY The City agrees that the supplemental police services rendered by the Assigned Personnel under this Contract are in addition to baseline police services. The City agrees that it will not reduce its current level of police services to the public housing developments, particularly in the areas of comraunity policing, patrol, criminal investigations, records, dispatch and special operations. The manner and method of performance of services are specified in Article IV, Plan of Operations. The duties and extent of services of the Assigned Personnel shah include, but shah not be limited to: The City, by and through its Police Department, wiI1 provide a minimum often (10) Police Officers, on an overtime basis, to perform specialized patrols to enforce ail state and local laws, and the Housing Authority Rules specified in this Contract. Sworn Officers shall at all times remain part of, subject to'and in direct relationship with the Police Department's chain of command and under Police Department rules, regulations and standard operating procedures. ,. The City agrees to assign Police Officers for vehicle patrols, as the situation warrants, to targeted areas. Officers will periodically park vehicles on Authority property and walk targeted areas. During specific periods of time identified by the Authority and agreed upon by the City as high crime or high workload periods (directed patrol) in certain areas, to maintain a police patrol presence. The City will continue to provide additional coverage to those targeted areas as needed in the case of an emergency. Without limiting any of the foregoing, the City agrees that with respect to the services to be performed by any police personnel in accordance with this Contract, the appropriate Police Department Patrol Commander or Coordinator will meet with the Manager of Resident Services and the appropriate Resident Services Coordinator as often as is necessary to implement the purposes of this contract but at least once quarterly for the purposes of reviewing the enforcement and prevention efforts in planning for future changes or modifications anticipated by this contract. In addition, the Housing Authority will liaison with the Police Department's Community Services Division for the purpose of community policing, establishing Neighborhood on Watch program and facilitating crime prevention and intervention programs. The City agrees that a policy manual exists to regulate Police Officers' conduct and activities; all Police Officers have been provided a copy of the policy manual; the Department has signed receipt from each Officer that he or she has received and understands the contents of the manual; and personnel have been trained on the regulations and orders within the manuai. The City agrees that it will provide the Assigned Personnel with such basic equipment as may be necessary and reasonable in order to allow the police officers to carry out the duties anticipated under this contract. The City will designate a Shift Lieutenant for the coordination, control, and direction of work activities and assignments of Police Officers, including disciplinary actions. It is expressly understood that the Police Department shall be responsible for the compensation of the Police Officers and ail employee benefits, as well as any injuries to Officers, their property, or the City's property while on the Authofity's property. The hours of duty will vary according to the needs of the Police Department and the Housing Authority. The hourly overtime rate of pay for an individual officer will not exceed actual cost. The Housing Authority reserves the right to review the hourly overtime rate of each officer, on 2 on a case by case basis, to ensure that their cost is agreeable with the Housing Authority's budgetary objective (longevity of patrols). H. The Police Officers shall posse'ss and maintain TCLEOSE required Certification. The City agrees to assign one (1) Police Officer to perform HAPP administrative duties, including providing reports for crimes occurring on Housing Authority property. The Officer will perform these duties on an overtime basis. SECTION TWO: SERVICES PROVIDED BY TIlE AUTItORITY The Authority will provide traL~g to residents, participating Police Officers and Authority on-site management staff in areas consistent to decreasing criminal activity. Orientation about the lease contract and the residents' obligations under the lease. Lease compliance enforcement procedures and policies. Crime prevention and intervention. The Authority shall reserve the right to reasonably request the Police Department to replace any Assigned Personnel for the following reasons: 2. 3. 4. Neglect or non-performance of duties; Disorderly conduct, use of abusive or offensive language, or fighting; Criminal action; Selling, consuming, possessing or being under the influence of intoxicants, including alcohol or illegal substances, while on assignment to the Authority; Inadequate punctuality or attendance; or Sustained complaints from public housing residents or management. The Authority shall provide a written explanation of the reasons for the request for replacement of a Police Officer to the Police Chie£ The City agrees that as part oftt~e responsibilities under this contract, Police Officers will complete Housing Authority Police Patrol Activity Reports, attached and incorporated as Exhibit A C'HAPP Reports"), and will make themselves available for courtroom testimony as necessary, provided that the Authority' Agent contacts the HAPP Supervisor at least three (3) business days prior to the date a Police Officer is requested to testify in court. ARTICI.E H Enforcement of Rules and Regulations The Authority authorizes the City, through its Police Department and Police Officers, to enforce the Housing Authority Rules and Regulations, including, but not limited to: Enforce the criminal provisions of the Housing Authority's "One Strike and You're Out" policy, attached and incorporated as Exhibit B. The Authority must maintain, and update monthly, a copy to the Uniform Division Commander, alist ofpei'sonsthe Authority deems to be trespassers ("Ban List"). The Authority authorizes the Police Department to arrest anyone at an Authority property on the "Ban List" as a trespasser. It is the Authority's responsibility to deliver a current Trespasser List to the HAPP Supervisor by the 10* of each month. Anyone identified by Authority Management as a Trespasse[ will be treated as if he/she were listed on the trespasser list. Police Officers shall arrest as trespassers anyone in unoccupied structures of the Authority. Police Officers shall arrest, on appropriate grounds, anyone creating disturbances or otherwise interfering with the peaceful enjoyment of residents on Authority property and criminal enfomement actions may be taken by Authority. Police Officers shall arrest, on appropriate grounds, anyone destroying, defacing, or removing Authority property and criminal enforcement actions may be taken by Authority. Authority residents and their visitors to Authority property and premises shall refrain from, and shall cause their households to refrain from, parking vehicles anywhere other than parking areas designated by Authority management. Police Officers may impound cars parked in red zones or that are otherwise hazards to the public, and follow Police Department procedures for impounding. There are laws regulating the use and release of criminal history records. Nothing in this Contract authorizes the release of criminal history records to the Authority, including without limitation, use to screen potential residents. The Housing Authority authorizes the Police Department to fully enforce all federal, state, and local laws, rules, and regulations, with special emphasis on enfoming the youth curfew and other juvenile related ordinances to combat juvenile crime. The Authority shall notify its employees and residents of the above provision. ARTICLE m Communications, Reporting and Evaluation Communications Daily Activity Report. Each Police Officer participating under this Contract will complete a daily Housing Authority Police Patrol Activity Report (HAPP Report) (See Exhibit A). Each HAPP Report will include: 4 the hours worked, the date, the officer's name, neighborhood dontacts, areas of concern, and a narrative describing activity on the shift, including without limitation the following: i. ii. iii. name and address of suspicious persons, drug paraphernalia confiscated or found, arrests or citations of both residents and non-residents with names, age~, sex, and ethni~ty, vehicles towed or reported stolen. Authority's Receipt of Daily Activity Report. The Uniform Division Commander, or designee, will set up a specific location at the Police Department where the Authority can pick up the Daily Activity Report after 10 a.m. Monday through Friday; they will not be available for pick up on Saturday, Sunday, or City holidays. A designated Police employee will make copies of each Daily Log for the City's computation of payroll. If there is an extraordinary need for a Daily Log on Saturday, Sunday, or a City holiday, the Authority's Agent may contact the Station Duty Officer at 886-2740 to obtain a copy. Housing Authority Crime Related Reports. The Police Officer performing HAPP administrative duties will provide the Authority with weekly reports of crimes occurring on Authority property, and on all UCR Part I and II crimes occurring on Authority property on a monthly basis. Other reports. All additional reports needed by the Authority must be obtained through normal police department procedures and will be coordinated by the Captain of the Central Records Division, or designee. Time sheets. The UniformDivision's payroll clerk will send the Authority a copy of the time sheets for each Police Officer who participates under this Contract within seven (7) days of the last City payday of each month, as maintained in the ordinary course of business. Billing The City shall bill the Authority within seven (7) days of the last City payday of each month.. The Authority will utilize each Police Officer's Dally Activity Report and the City's time sheets as verification prior to processing the City's invoice for payment. The City will bill the Authority in arrears (e.g. will bill in February for hours worked in January). The Authority will pay all City invoices out of current revenues from the HUD Grant for Police Patrols of the Authority. Evaluation The Authority's Agent will evaluate the HAPP Program bi-annually, with input from the Police Chief. The evaluation ~vill be based upon HAPP Activity Reports, and additional reports requested by the Authority from the Police Department, and external data collected by the Authority including, but not limited to: number of arrests, quality of services, number of evictions, number of complaints, etc. ARTICI.E IV Plan of Operations The Police Chief and the Anthority's Agent shall jointly prepare a detailed plan of operations to reduce drug related and gang related crime. The plan will specify the manner and method by which each of the Police Department services identified will be administered. 1. Operation Goals The Police Department will offer Police Officers the opportunity to participate in the HAPP Program on an overtime basis to provide additional policing at the Authority' s developments. Each Police Officer participating will complete a 4-hour shi~, at a time and on a day of the week that is mutually agreeable to the Uniform Division Commander, or designee, and the Authority's Agent, subject to the City's need for the Police Officers in an emergency situation. The Police Department will attempt to provide at least ten (10) Police Officers for each shif~ requested by the Authority.. 2. Patrol Areas: Area One: D.N. Leathers Navarro Place George Wiggins Homes Area Two: La Armada I, I.I, and III Clairelaine Gardens Area Three: Treyway Terrace Leeward Homes Area Four: Ruthmary Price Place Parkway Homes Area Five: Alaniz Gardens McKinzie Manor 6 3. HAPP Shifts The Authority's Agent and the Uniform Division Commander, or designee, will set the HAPP shifts based hpon the Authority's requested shitts and the availability of Police Officers to cover the shifts on an overtime basis, subject to the City's need for Police Officers on an emergency basis. The Authority's Agent and the Uniform Division Commander, or designee, will try to work out a monthly schedule for the next month on or before the 20~ of the preceding mo. nth. The Authority's Agent will prioritize which of its developments need what type of police services and this may vary fi.om week to week. 4. Overtime Pay. Each Police Officer will be paid the overtime rate stated on his/her timesheet. 5. Plan of Operations The Authority's Agent and the Uniform Division Commander, or designee, will prepare a plan of operations for review and acceptance by both the Authority's Agent and the Police Chief within thirty (30) days fi.om the date of execution of this Contract by both parties. The Authority's Agent may request reasonable modification to the initial plan of operations, and the Police Chief will approve reasonable modifications and so inform the Uniform Division Commander. Both the Authority and the Police Chief must approve the plan in order for Authority to pay invoices submitted by the City. 6. Amendments to the Plan of Operations If during the term of the Contract either party desires to amend the plan of operations, either party may request such an amendment by written request to the other party that sets out the general change desired. ARTICI,E V Term of Contract The term of this Contract shall be for twelve (12) months, contingent upon the continued availability of funds, but not exceeding March 3 I, 2001, beginning on the date approved by both parties. ARTICI,E VI Compensation to the City Effective on the ~ of ~k,L. lx-~ , 2000, the Corpus Christi Housing Authority will com~)ensate the City of Corpus Christi on a cost reimbursement, based on each Officer's overtime pay. The total amount of the contract will not exceed $125.176.00. 7 The Authority shall reimburse the Police Department on a monthly basis for the City's overtime payments to the Police Officers who participated in the HAPP Program during the prior month. The Authority's Agent will, upon receipt and acceptance of the City's time sheets and each Police Officer's Daily Log(s), authorize payment to the Police Department. The City shall provide the following documentation with its monthly reimbursement request, which must be submitted to the Authority's Finance Department within one (1) week of the last payday of the prior month: Payroll Time Sheets which include names, employee identification numbers, overtime hours worked in HAPP Program, supervisory approval and verification of the Payroll Time Sheets. Authority's Community Liaison Officer will review and approve the Payroll Time Sheets prior to payment. The Authority shall make payment of the amount of reimbursement that has been approved within thirty (30) days ofthe City's request for reimbursement. The Police Chiefmay request that the Authority's Agent provide written documentation setting out with specificity the reasons that a request for reimbursement has been denied. Authority's Agent must provide written documentation for denial of reimbursements within seven (7) business days of the Police Chiefs written request. ARTICLE VII Termination The Authority or the City may terminate this Contract upon the provision of thirty (30) days written notice to the other party in this Contract. Such notice shall be delivered by Certified Mail, Return Receipt Requested, and addressed as specified for the parties in Article VIII. ARTICLE VIII Notices Any notice required pursuant to the terms of this Contract shall be sent by United States Certified Mail to the principal business of each of the parties, as specified below: . Authority: Executive Director Housing Authority of the City of Corpus Christi 3701 Ayers Street Corpus Christi, Texas 78415 Chief of Police Corpus Christi Police Department P.O. Box 9016 Corpus Christi, Texas 78469 8 Construction of Laws This contract is made and entered into'the City of Corpus Clu'isti, Nueces County, Texas. Any and all questions of law arising hereunder shall be construed in accordance with the laws of Texas and venue shall be in appropriate court in Nueces County, whexe the Contract was executed and will be performed. ARTICLE X Entire Contract The Contract shall consist of the following component parts: This Contract; and Any subsequent addenda executed by duly authorized representatives of both parties. If any word, phrase, paragraph, section, or article of this Contract is found to be invalid, unconstitutional, or illegal by final judgment of a court of competent jurisdiction, it does not affect any word, phrase, paragraph, section, or article of this Contract, because it is the intent of the City Council that every word, phrase, paragraph, section, or article of this Contract is given full force and effect. 9 ATI~EST: CI'-~[EF OF POLICE OF: Corpus Christi RITY EXECUTIVE DII~CTOR OF: Housing Authority of Corpus Christi OF: The City of Corpus Christi APPROVED AS TO FORM: OF: The CiW °fC°*us C~i 10 8 CITY COUNCIL AGENDA MEMORANDUM Date: March 12, 200l AGENDA ITEM: Resolution approving the submission of a grant application in the amount of $625,000 to the U. S. Department of Justice, Office of Community Oriented Policing Services for funding available under the COPS MORE 2001 program, with the City providing the required 25% match of $156,250 available through the Law Enforcement Trust Fund. ISSUE: The City of Corpus Christi is eligible for funding under the COPS MORE (Making Officer Redeployment Effective) 2001 program for the purchase of information technology systems. This will enable law enforcement agencies to expand the time available for community polidng by existing law enforcement officers, rather than fund the hiring of additional sworn personnel. FUNDING: As with previous grants, the Law Enforcement Trust Fund will provide the 25% matching funds. REQUIRED COUNCIL ACTION: Approval to submit grant application. RECOMMENDATION: Staff recommends submittal of the grant application. Chief of Police ADDITIONAL SUPPORT MATERIAL Background Information x AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND INFORMATION: The purpose of COPS MORE 2001 is to help law enforcement agencies become more efficient by providing funding for new technology/equipment that will allow officers to spend more time engaged in community policing activities. We must show that officer redeployment or time savings is a direct result of the items purchased - the purchasing of technology/equipment must be directly equated to an actual enhancement. Grants awarded must support communi .ty policing and must clearly link the funds sought to an increased community, policing presence. The Police Department proposed project is deemed "MDC II - Managing Crime with Technology". The funds requested will build on the existing Mobile Data Computer (MDC)/Automated Vehicle Location System (AVLS) technology which was partially funded through the1996 COPS MORE grant ($1.6 million). The additional technology will enhance the tools available to both field officers as well as investigators through laptop computers and additional software modules. The purchase of 77 laptop computers for assignment to investigative personnel for use in the field as well as at their desk will provide these officers access to the following: · Wireless Field reporting: investigators will have the capabiliw to enter their offense or supplementary reports fi.om the field or their desk. Currently patrol officers are entering their offense reports fi.om their units. · Crime Mapping: Officers can access crime data for their assigned patrol area via the laptop computer. They software will provide a map showing reported offenses and calls for service for any area and time fi.me the officers request. By obtaining data about the nature of crimes occurring within their beat, officers can take proactive steps to curtail criminal activity. Investigators can query, the system loo 'king for similar offenses to current cases. · Video Imaging: Funds will extend the video imaging system to officers in the riel& providing access to a black and white photo via the laptop computer each time th%' make a name mqmry on an individual. The backbone for the system (funded by the Crime Control and Prevention District) should be in place for access to mug shots by investigative personnel at the Police building by June, 2001. · Training modules: by providing a computer lab, interactive in-sen,ice training will be available for officers. Officers are required to have 20 hours of in-service training each year, and we anticipate these interactive modules will save the department 50% in officers time spent in training, as well as decreasing the amount of out of City training, costs to department personnel for training, and costs associated with changing employee's schedules. Modules include CPR and drMng simulation software. With the additional hardxvare and software, field officers will be provided an additional tool for proactive policing through crime mapping, will have additional time for community policing through reduced in-service training time. and investigators will have additional tools to improve their response to the investigation of crime with the improved flow and use of information. The application deadline is March 23.2001. COPS MORE 2001 TECHNOLOGY GRANT ' DESCRIPTION OF EQUIPMENT QUANTITY UNIT PRICE TOTAL 1. Laptop computers for investigators CID ] 461 $ 3,500 $ 161,000 Special Services 25i $ 3,500 OCU ~ 61 $ 3,500 2. Laser Pdnters 17! $ 550 $ 87,500 $ 21,000 $ 9,350 Crime Mapping Software $ 80,000 ' 4. Video imaging Software I 1', $ 50,000 $ 50,000 16,150 5. Computer Training Lab-Training Personal computers 20i $ 2,500 $ 50,000 Training software modules 10 $ 1,615 80,000 Backbone infracture to expand current li $ 15o,ooo system to handle increased laptops, )tinters, and software $ 150,000 GRAND TOTAL $ 625,000 MD(ill - Mana.,.,in~ Crime ~vith l'echnoio~3' Field Patrol Officers lnvesligators: CID Special Services Organized Crime ( ~a, pping / Soft,,ar~ Mobile Data Computers Personal Computers hnagmg 03/12/01 J:\PATDOCS\GRtkNTS\COPSMORE01 dia~'am.do¢ RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $625,000 TO THE U. S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, FOR FUNDING AVAILABLE UNDER THE COPS MORE 2001 PROGRAM WITH THE CITY PROVIDING THE REQUIRED 25% MATCH OF $156,250 AVAILABLE THROUGH THE LAW ENFORCEMENT TRUST FUND NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. That the City Manager, or his designee, is authorized to submit a grant application of $625,000 to the U.S. Department of Justice, Office of Community Oriented Policing Services, for funding available under the COPS MORE 2001 Program with the City providing the required 25% match of $156,250 available through the Law Enforcement Trust Fund. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved ~.~..~z t. ~3 ,2001; James R. Bray, Jr., City Attorney By: Lisa Aguilat' Assistant City Attorney H:~LEG-DIR\LISA\LISA/RES\RES 036 9 AGENDA MEMORANDUM March 20,2001 SUBJECT: Technology Opportunity Program Grant Application. AGENDA ITEM: Resolution authorizing the City Manager or his designee to apply for a $180,000 Technology Opportunity Program (TOP) grant from the Department of Commerce to install web-based kiosks in public places which will provide individuals with access to city and other public services and information. ISSUE: In a 1999 survey conducted by the City of Corpus Christi, 46.6 percent of individuals in the community indicated they did have a personal computer at home. Certain districts had a higher rate of individuals without home computers, including: District I at 83.3 percent, District 2 at 54.8 percent, and District 3 at 53.4 percent. Of those with personal computers, 19.8 percent did not have Internet connections at their home. In the past decade, due to the availability of new technologies, information has become readily available to individuals via the Internet. Access to the Internet is becoming significantly important. People who lack access to the Internet are at a disadvantage, thus increasing the digital divide. IMPLEMENTATION SCHEDULE: The TOP grant applications are due March 22. If awarded, funding for the project will begin October 1, 2001. RECOMMENDATION: Approval of the resolution as presented. ADDITIONAL SUPPORT MATERIAL Background Information Contract Summary Ordinance/Resolution Map(s) [] 0 [] [] Susan Cable, Director of Communications and Quality Management BACKGROUND INFORMATION SUBJECT: Technology Opportunity Program Grant Application Information drives how individuals make decisions about their daily lives; it assists individuals decide how to spend their money, how to take care of their health, and how to get somewhere. New technologies and Internet have transformed the availability of information to individuals. Internet has become a major communication tool to provide information, allow for interactive processes and conduct business. People who lack access to the Internet are at an ever-increasing disadvantage. The City has developed a very successful Internet site, providing much information to the public. Goals for the site include expansion into interactive processes, including forms and applications, building permits, and payment processes. Resources are required to accomplish these important goals. The City also is very interested in expanding access to the information provided to the public. The web-based kiosks will allow individuals without Internet access to obtain useful information that affects their daily lives in a convenient location. The public kiosks will be located at large retail locations and public sector service buildings. The touch-screen web- based kiosk will provide real-time information to customers, including public transportation; weed and seed programs; recreation, youth and senior services; area events; minority business assistance; city services; environmental issues; and other information that can assist in daily decision making. The kiosk will also have interactive pages allowing users to apply for jobs, report problems in their neighborhoods, and file city complaints. In addition, the kiosks will be developed to include payment capability, which will allow users to pay for such items as licenses and fines, tickets to sporting events, and utilities. The City of Corpus Christi is applying for approximately $180,000 with an in-kind and cash match from departmental budgets and other partnering entities totaling approximately $150,000. The grant will be awarded during FY 2001-02. The Department of Commerce has announced that $11 million dollars is available for the Technology Opportunity Program for FY 2002. The purpose of the funds is to use digital technologies to bridge the digital divide. All funded projects must be interactive in that they allow end users to share information with others or gain access to information on an on- demand basis. RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR A $180,000 TECHNOLOGY OPPORTUNITY PROGRAM GRANT FROM THE U. S. DEPARTMENT OF COMMERCE TO INSTALL WEB- BASED KIOSKS IN PUBLIC PLACES WHICH WILL PROVIDE INDIVIDUALS WITH ACCESS TO CITY AND OTHER PUBLIC SERVICES AND INFORMATION 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 authorized to submit a grant application for a $180.000 Technology Opportunity Program grant from the U.S. Department of Commerce to install web-based kiosks in public places which will provide individuals with access to city and other public services and information. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved '-Cr~ c~v~. ~ ~' , 2001; James R. Bray, Jr., City Attorney By: Lisa Aguilar Assistant City Attorney H:~LEG-DIR LISA/LISA\RES\RES.037 10 ORDINANCE STATUS AGENDA ITEM: 1. 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. FIRST READING: March 13, 2001 Passed: 8-0 (Henry Garrett - abstain) FINAL READING: March 20, 2001 COMMENTS: (None) 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 .January 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 TMRS, but who have pension benefits through the Firemen's Relief and Retirement Fund. See Attachment I for background information. REQUIRED COUNCIL ACTION: 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 TMFLS will determine the · City's contribution rate effective January 1, 2002, and .]anuary I 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. RECOMMENDATTON: Staff recommends that this Ordinance be adopted to enable implementation of the provision recently negotiated in the Police collective bargaining agreement. Cyn(~ia C. Garcia 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 Fosses (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 TMRS 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 sala~ and made deposits, matched by the City, on the basis of that average monthly salary. DESCRIPTION OF TMRS RETIREMENT PLAN: Employees (excluding Fireflghters) 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:LMy Documents~Agenda Items\TMRS repeating Ord council memo 3 01 .doc AN ORDINANCE 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 (~UALIFYING 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 PR1~OR 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Authorization of Updated Service Credits. (a) The terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of ~tle 8, Government Code, as amended (hereinafter referred to as the "TMRS Act'S, each member of the Texas Municipal Retirement System (hereinafter referred to as the "System'~ who has current service credit or prior service credit in the System in force and effect on the 1~ day of lanuary 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 TMRS 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 TMRS 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 TMRS 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 1, 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 January 1 of each subsequent year · until this Ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS 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~t day of January 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 C/TY OF CORPUS CHRIST/ Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVED /)')q r~ Alex Lopez ~' Assistant City Attorney ,2001, James R. Bray, Jr., City Attorney Prepared by the Human Resources Department March 2001 C:\My Documents~genda Items\TMRS Repeating Ordinance 3 01.doc That the~ foregoin~ ordinance was read for the first time and passed to its second reading on this the ~.~ay of f}/I-~l~F~'C[31 2001, 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 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. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott Dr. Arnold Gonzales PASSED AND APPROVED this the __ Day of ,2001. ATTEST: Armandc~ Chapa, City Secretary Samuel L. Neal, Jr., Mayor City of Corpus Christi , 2001; JAMES R. BRAY, JR., CITY ATTORNEY By: Alex Lopez, Assistant City Attorney 11 ORDINANCE STATUS AGENDAITEM: 1. Amending the Code of Ordinances, City of Corpus Christi, by revising Article Xll, Water Conservation, of Chapter 55, Utilities, to establish automatics conservation measures, 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 XII of Chapter 55; providing for penalties; providing for severance; and providing for publication. FIRST READING: March t3, 2001 Passed: 8-0 (Rex Kinnison - absent) FINAL READING: March 20, 2001 COMMENTS: (None) 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 Conservatiom of Chapter 55, Utilities, to establish automatic water conservation measures, 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 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 of a pipeline from the Calallen Reservoir to the Nueces Delta at a price to be negotiated. ISSUE: Late last year the Council authorized staff to 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 of a modified proposal. The Council authorized staff to 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: I) 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 Texana 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 submit'ted 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,_A~sistan0tCity Manager J~B4y BrayJ City Attor~y AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY REVISING ARTICLE XlI, WATER CONSERVATION, OF CHAPTER 55, UTILITIES, TO ESTABLISH AUTOMATIC CONSERVATION MEASURES, 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 Resource 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 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 opportunity 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 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 Christi, Environmental Defense, the Port Industries of Corpus Christi, 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 Part 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 Christi Water Conservation Plan. (b) Declaration of policy. R13717A5.wpd 3 (1) It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2) In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c) Authorization. The City Manager, or his designee, upon the recommendation of the .... Assistant City 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~--~;-SE,='t56~. 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 Storaqe capacity, the City Manaqer shall issue a public notice informinq water users of th~, Corpus Christi water supply reqion of voluntary conservation measures that arP, requested immediately and required drouqht manaclement measures that must be taken if the amount of water in the reservoirs falls to under 40% of Reservoir System StoraqP, 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 Manager shall require the City',~ wholesale customers to issue public notice advising their water customers of voluntary 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 Storaqe has fallen below 40% of Reservoir System Storaqe 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 Storaq~, 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 irrigation of vegetation between the 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 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 using: a. A hand held hose equipped with a positive shutoff nozzle. b. A sprinkler system. 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, graywater, 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 sign 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 periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. R13717A5.wpd 5 (4) The water was used for irriqation of veqetation on a large 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, specifically 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 cimulation 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 irriqation between 10:00 a.m. to 6:00 p.m. (f') From the date of publication of the notice and plan, until the date the notice and plan are rescinded by the City Manager, no person may use water for irrigation of a lawn, except on a day lawn water is authorized under the lawn waterinq plan. (g) 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 following 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 effluent, graywater, 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 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, other than during the hours between 10:00 a.m. and 6:00 P.m.. for irriqation, at the minimum rate necessary, for maintenance of qolf course greens and tee boxes. (4) The water was used for irriqation 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, specifically 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. R13717A5,wpd 6 (h) This section shall only be effective at any time the City is entitled, under to Order of the Texas Natural Resource Conservation Commission under Certificate of Adiudication No. 21-3214, to (1) reduce tameted inflows of water to Nueces Bay to 1200 acre feet when Reservoir System Storage falls below 40% of capacity, and 2) suspend targeted inflows below 30% of capacity. """ '~ "'-' "'~ ' ' U 153 ...... r, .... ~,,.,..,. o..,...-~,.,o.,., .... o;o Sec. 55- . Water conse~ation measures. (a) The Assistant City Manager for Public Works and Utilities shall promulqate quidelines, which shall set forth the criteria for determininq when a particular water conservation staqe is to be implemented and terminated. (1) The .quidelines shall be updated when, in the opinion of thc.-Bifect~ Assistant 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 thc.-Birector-of ,.,,,,,,,~o. $~ $~,.t,,,,, 2.1 City Secretary. (b) The use or withdrawal of water from the water supply system of the city for thc. followin(~ ourposes or uses is hereby regulated during any period of water shortagc. commencing with the promulgation of water conservation guidelines by the Biree~or-of Assistant City Manaqer for Public Works and Utilities and implementation of same-the guidelines by the City Manaqer and continuing until such water conservation measures are no Ionqer deemed necessary by the City Manager in accordance with the guidelines. A-~-. (1__)_) Condition I -- Water Shortaqe Possibility. a._:_Upon implementation by the City Manaqer, customers of the water system of the City of Corpus Christi are requested throuqh the news 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 irrigation of veqetation. All municipal operations are placed on mandatory conservation. b. Water for irriqation of vegetation may be used only on such day or days 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 designated by the city manager, 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 following purposes had been soecifically authorized by the City Manaqer, if the City Manager had actually authorized the use of water for that purpose on the date of the violation: R13717A5.wpd 7 1. The water was used, other than durinq the hours between 10:00 a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary, for the establishment and maintenance of flower gardens, veqetable qardens, fruit qardens, trees, and shrubs, or plants in containers, and applied using: i. A hand held hose equipped with a positive shutoff nozzle. ii. A drip irrigation 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 nozzle. ii. A sprinkler system. iii. A drip irriqation 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 watering can. 3. The water was used, other than durinq the hours between 10:00 am. and 6:00 p.m., for irriqation, at the minimum rate necessary, for the establishment of newly planted lawns and plant materials within thirty (30) days of plantinq. Water used for this purpose may be · 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 R13717A5,wpd 8 and a sign is 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. 5. 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 maintenance, of golf course qreens and tee boxes. 6. The water was used at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. 7. The water was used for irrigation of veqetation on a large parcel of land or unique botanical institutions, such as the Corpus Christi Botanical Gardens and Blucher Nature Center, in conformance with a special waterinq plan, specifically approved for that parcel by an official desiqnated 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 section. c_.~_ln the event the premises have no number, application shall be made to the city building official for the assiqnment of a number to such premises and such premises shall thereafter bear the number so assigned. Such day or days may be chan.qed by further directive of the city manager. In the event any premises do not have a number at the time of the occurrence of any violation under this article, the premises shall b~. in the cateqory of premises with street numbers endinq in zero. Ne person or customer shall cause or permit water to run or waste in any gutter or otherwise. [3. (2__)_Condition II - Water Shortaqe Watch a~. Upon implementation by the City Manager, and publication of notice, the followinq restrictions shall apply to all persons and the withdrawal of water from the system (potable water) for the followinq purposes or uses is hereby prohibited. The City Manacler, in the exercise of his discretion based upon guidelines established by the Assistant City Manqer for Birecto~H~Y~-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 sprinkling or waterinq of veqetation is prohibited; provided, however, the City Manaqer may authorize waterinq of veqetation as 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 rate necessary for the maintenance of plants, throuqh the means of a hand held hose equipped with a 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 watering can, or a sprinkler system which is either attended throughout its use or is e(~uiooed with automatic shutoff. When authorized, such waterinq 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. When such watering is authorized during the Daylight Savin.qs Time period of the year, it shall be permitted only between the 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 watering day,~ desiqnated by the City Manaqer, based on the street number, except between the hours of 10:00 a.m. and 6:0(3 p.m., throuqh the means of a hand held hose equipped with a positive shutoff nozzle, a drip irrigation system, a hand held bucket or waterinq can, or a sprinkler system which is either attended threuqhout its use or is equipped with an automatic shutoff. iii. Commercial nurseries shall be excepted from the prohibition of this subparagraph and shall be permitted to water nursery stock with potable water, at the minimum rate necessary to establish and maintain commercial nursery stock, by means 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 not spray water into the air and is equipped with an automatic shutoff device, a hand held bucket or watering can, or a sprinkler system which is attended throuqhout its use, is equipped with an automatic shutoff or recaptures and recirculates irriqation water. iv. The watering of new lawns and plant materials with potable water, at the minimum rate necessary for the establishment of the newly planted veqetation, may be 10 permitted within 30 days of plantinq, at any time other than between the hours of 10:00 a.m. and 6:00 p.m., by any means. However, only the newly planted areas may b~, watered at times not authorized under subdivisions (i) and (ii) of this subsection. v. The allowing of water to run off yards or plants intn gutters or streets shall be deemed a waste of water and is prohibited. 2. The washin.q of automobiles, trucks, trailers, boats, airplanes and any other type of mobile equipment is prohibited, except that individuals and filling stations may wash cars or boats if they use a bucket, pail, or other receptacles not larqer than of 5 qallon capacity; however, an individual or fillinq station, before or after such washinq, shall be permitted to rinse the car or boat off with a hose using only a reasonable amount of water in so doinq. Commercial or automatic car wash establishment shall use minimum practical water settings. 3. The washinq of buildinq exteriors and interiors, trailers, trailer houses and railroad cars with potable water is prohibited, except by a professional power washinq contractor or that in the interest of public health the Director of Public Health may permit limited use of the water as the case may be, includinq allowinq the use of water for the removal of graffiti. 4. The permittinq or maintaininq of defective plumbinq in a home, business establishment or any location where water is used on the premises. The permitting of the wasting of any water by reason of defective plumbinq as hereinabove mentioned shall include the existence of out-of-repair water closets, underqround leaks, defective faucets and taps. The permitting of water to flow constantly throuqh 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 firefighting is prohibited; except that the City Manaqer may permit the use of metered fire hydrant water by the City or by commercial operators using jet rodding e(~uipment 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 reused or recirculated in any manner. 7. The use of potable water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced area, or R13717A5.wpd 11 buildinq or structure, except by a professional power washing 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 is prohibited, except those areas designated as tees and qreens 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 :,n the Depr.,-tr-,,ent of Pub',:,c Ut:,',~,t~s with the Utilities Billing Office, which water connection serves premises upon which a violation occurs, and proof that the particular premises have a water meter connection registered 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 registered was the person who permitted or caused the act of waste charged 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 reviewinq water conservation policies and establishing exemptions. See Section 2.2.4. C. (3__)_) Condition III - Water Shortaqe Warninq a~. Upon implementation by the City Manaqer and publication of notice, the following restrictions shall apply to all persons. The City Manager, in the exercise of his discretion based upon quidelines established by the D:,r~ct~r ~f ,"ub',ic Uti',:,tle~ Assistant City Manaqer for Public Works and Utilities1 may implement any or all of those elements of Condition III as are deemed necessary at any particular time. All elements of Condition Il shall remain in effect in Condition III. 1. New service connections to the City's water system are 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 Manager in accordance with guidelines established by the City Council. R13717A5.wpd 12 3. In connection with the enforcement 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, unles.~ 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. 6. The use of potable water to put new aqricultural land into production is prohibited. D. (4._}_) Condition IV - Water Shorta.qe Emerqency a__.Upon implementation by the City Mana.qer and publication of notice, the followinq restrictions shall apply to all persons. The City Manaqer, in the exercise of his discretion based upon quidelines established by th~, ~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 by 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 customer be 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 Manaqer sha take those action,~ deemed necessary to meet the conditions resultinq from the emerqency. 2.~..4 Sec. 55-154. Allocation and Review Committee, establishment. composition, powers, and duties. R13717A5.wpd 13 (a) The Allocation and Review Committee shall be composed of six (6) members, the Assistant City Manager for ~Public Works and Utilities, the Director of Public, Health, a representative of industry, a representative of business and commerce, a homemaker-citizen, and a citizen of the city. (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 alternate shall serve in place of his/her respective reqular Committee member whenever that regular Committee member is unavailable to participate. (3) The City Manager shall appoint alternates for the Assistant City Manqer for Bifeetor-~f-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 regular Committee member shall exercise 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 b~. given 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 varianr.~ from the terms of this plan as will not be contrary to the public interest, where, owing tn special conditions, a literal enforcement of the previsions 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 qranting; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (2) Should protest be received after the granting of any such special permit, the. Committee shall consider the revocation of such permit and shall reconsider the grantinq of such permit at a public hearinq, notice of which shall have been given at least one (1) day prior to the holding of such hearing. (3) After the conclusion of such hearing, 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---(a) Any person violatin.q any provision of this Article shall be deemed quilty of a 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) lf any person or a second person in the same household or premises, is found guilty of a second violation of this plan, the Director of F'ub',:,¢ Ut:,l:,t[es Water Superintendent shall be authorized to discontinue water service to the premises where such violation occurs. B. (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 address of the alleged 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 siqn the citation, and shall be served a copy of the citation. (2) Service of the citation shall be complete upon the attempt to give it to the alleqed violator, to an agent or employee of a violator, or to a person over fourteen (14) years of age who is a member of the violator's immediate family or is a resident at the violator's residence. (f) The alle.qed 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. (q) 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 settinq 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 showinq apparent control by such person of the premises and proof that the violation occurred on the premises shall constitute prima facie evidence that said person committed the violation, but said person shall have the right to show that he did not commit the violation. R13717A5,wpd 15 (i)__Anv oerson whose name is on file with the Utilities Billinq Office Bepaffmerff-as the customer on the water account for the property where the violation occurs or oriqinate,~ shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed th~. 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 th~. water as it was used in the violation and that the parent could not have reasonably known of the violation. ~Sec. 55-155. Surcharges 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 estab shed herein are solely intended to requlate and deter the use of water during 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 are 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 be used for research and development of alternative or expanded water sources for the City of Corpus Christi and its water customers. B. (b) Residential water customers, who are not billed throuqh a master water meter. (1) Residential water customers, who are billed throuqh a master water meter, shall pay the following surcharqes: 1. a_~_$5.00 for the first 1,000 qallons over allocation. R13717A5.wpd 16 2. b_=_$8.00 for the second 11000 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 billinq 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 a greater number, on a form prescribed by the City Manager. 1_:_The City Manaqer shall 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 ,~;;b',i¢ Utility Billin_____~q R13717AS.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 appl¥inq for their water service on the form prescribed by the Cify Manager. __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~.lf the number of persons in a household is reduced, the customer shall notify the City in writinq within two days. 6~.ln 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.qliclence 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 jointly measures water to multiple permanent residential dwelling units-(for example, apartments, mobile homes),_ shall be allocated 6,000 qallons for each dwellinq unit. (2) Number of dwelling units assigned to a master water meter. a. It shall be assumed that such a customer's meter serves two dwelling units unless the customer notifies the City of a qreater number, on a form prescribed by the City Manaqer. b. The City Manaqer shall give 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 Public-Utility Billing Office and sign the form if the customer desires to claim more than two dwellinqs. d. A dwellinq unit may be claimed under this provision whether it is occuoied 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 Manager. e~.lf the number of dwellin.q units served by a master meter is reduced, the customer shall notify the City in writinq w th n two days. __f. In prescribing the method for claiminq more than two dwellinq units, the City Manaqer shall adopt methods to insure the accuracy of the claim. q. Any person who knowinqly, recklessly, or with criminal neqliqence falsely reports the number of dwelling units on a meter or fails to notify the City of a reduction in the number of dwelling units on a meter shall be 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 following monthly surchar.qes $5.00 for each 1,000 qallons over allocation u~ throuqh 1,000 gallons for each dwellinq unit. $8.00, thereafter, for each additional 1,000 qallons over allocation up throuqh a second 1,000 qallons for each dwellinq unit. $16.00, thereafter, for each additional 1,000 .qallons over allocation up throuqh a third 1,000 qallons for each dwellinq unit. 4~ $40.00, thereafter, for each additional 1,000 qallons over allocation. Examples of applications of the surcharqe formula are as follows: Apartment comp/ex contains 100 units. A/location is 600,000 gallons (hypotheticall¥): Usage is 610,000 qallons. Surcharqe is $50.00, computed as follows: 10 thousands of qallons at $5.00 each. Usaqe is 710,000 gallons. Surcharqe is $580, computed as follows: 100 thousands of qallons at $5.00 each plus 10 thousands of qallons at $8. O0 each. Usaqe is 910,000 qallons. Surcharqe is $3,300, computed as follows: 100 thousands of qallons at $5.00 each, plu.s 100 thousands of qallons at $8.00 each, plus 100 thousand,~ R13717AS,wpd 19 of qallons at $16.00 each, plus 10 thousands of qallons at $40. O0 each. D. (d) Nonresidential commercial customer, other than an industrial customer, who uses water for processing. (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 be approximately 75 percent of the customer' s usaqe for the correspondinq month's billinq period for-the-during previous 12 months. b._~_lf the customer's billing histor~ is shorter than 12 months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c.__Provided, however, a customer, 75 percent of whose monthly usage i,~ less than 6,000 qallons, shall be allocated 6,000 qallons. d._._The City Manager shall qive his best effort to see that notice of each nonresidential commercial customer's allocation is mailed to such customer. e~. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the City' Utilities Billing Office to determine the allocation, and the allocation shall be fully effective notwithstandinq lack of receipt of written 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 desiqnated period does not accurately reflect the customer's normal water usage, (2) if one nonresidential customer aqrees to transfer part of its allocation to another nonresidential customer, or (3) if other objective evidence demonstrates that the desiqnated allocation is inaccurate under present conditions. R13717A5.wpd 20 g.A customer may appeal an allocation established hereunder to the Water Allocation and Review Committee on qrounds of unnecessary hardship. E. (e) Industrial customers, who use water for processinq. (1) A monthly water usaqe allocation shall be established by the City Manaqer or his desiqnee for each an industrial customer, which uses water for processing (e..q., 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 the 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 to 85% of the customer's water usaqe baseline. c._~The customer's water usaqe baseline will be computed on the averaq~, water usaqe for the thirty six month period endinq prior to the date of implementation of Condition II. d__.lf 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 Manager sha give 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 the customer's responsibility to contact the City Utilities Bill nq 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 Manager, the allocation may be reduced or increased, if: 1. The desiqnated period does not accurately reflect the customer's normal water usaqe because customer had shutdown a major processinq unit for overhaul durinq the period. 2. The customer has added or is in the process of adding sign flcant additional processing capac ty Only additional capacity R13717AS.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 the. 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 obiective 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-. (t')Nonresidential commercial and industrial customers shall pay the followinq surcharqes: (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 qallons over allocation. b. $8.00 per 1,000 qallons for the second 1,000 qallons over allocation. c. $16.00 per 1,000 qallons for the third 1,000 qa ons over allocation. d. $40.00 for each additional 1,000 .qallons over allocation. e. The surcharqes sha be cumulative. 2_.~. 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 through 5 percent above allocation. b. Three times the block rate for each 1,000 qallons from 5 percent through 10 percent above allocation. c. Five times the block rate for each 1,000 qallons from 10 percent throuqh 15 percent above allocation. R13717A5.wpd 22 d. Ten times the block rate for each 1,000 qallons more than 15 percent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charqe to the customer per 1,000 .qallons at the reqular water rate schedule at the level of th~, customer's allocation. C. (q) Nonresidential customer is billed from a master meter. (1) VVhen a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwellinq units (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:-l._~_That the surcharqe will be passed alonq. b. 2.__How the surcharqe will be apportioned. c. 3. That the landlord must be notified immediately of any plumbing 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 char.qed for each dwellinq unit. I I. h.(_~_Water service to the customer may be terminated under the followinq conditions: (1) Monthly residential water usaqe exceeds allocation by 4,000 gallons or more two or more times (which need not be consecutive months). (2) Monthly water usaqe on a master meter which jointly 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 be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is 6,000 gallons 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 gallons 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 qallons, after the first disconnection water service shall be restored upon request for a fee of $50. (6) For such customers, after the second disconnection, water service shall be restored within 24 hours of the request for a fee of $500. (7) If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Condition III. (8) For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (9) For nonresidential customers whose allocation is 21,000 gallons per month or more. a. After the first disconnection water service shall be restored upon re(3uest for a fee in the amount of "X" in the following formula: $ 50 x Customer's Allocation in gallons 20,000 gallons b. After the second disconnection for said customers, water service shall be restored within 24 hours of the request for a fee of 10 times "X". c. If water service is disconnected a third time for such customer, water service shall not be restored until the City re-enters a level of water conservation less than Condition III. d. The City Manager is directed to institute written guidelines for disconnection of water service under this provision which will satisfy minimum due process requirements, if any. R13717A5.wpd 24 .E-(I) It 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 major water line break). (1) The customer shall have the burden to prove such defense by objective. evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbinq 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 neqligent in causinq or permitting the loss of water. .-J:-(j) 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 thc City's ordinary billing cycle which commences with the readinq of a meter one month and commences with the next readinq of that meter which is usually the next month. (1) The qoal for the lenqth of such period is 30 days, but a variance 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 doq or any other obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. -".2.7 Sec. 55-156. Effluent distribution; permit and regulations. A-:-. (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 its sewage treatment plants for the purpose of watering lawns, qrass, and other plants, dust control and similar uses. (1) Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2) The City shall be under no obliqation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter Ioadinq procedures and/or locations as necessary for the efficient administration of the Wastewater Division. D. (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: R13717AS.wpd 25 (1) Name of applicant. (2) Name of authorized representative (e.g. president of corporation; partner; etc.) if aoolicant 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 gross vehicle weiqht, container capacity in gallons, vehicle reqistration 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, including whether the use is proposed for residential, commercial, or industrial purpose. C. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the Wastewater Superintendent, or the Superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issuP. a permit for each such container unit. (1) The permit shall identify the particular unit for which it is issued and shall b~. displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. D. (d) The Permit Fee shall be fifty dollars ($50.00) per month for each unit plus five dollars ($5) per 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 Christi may obtain effluent at no charge from a wastewater treatment plant, designated by the Wastewater Superintendent, for the irriqation of vegetation, dust control, or waterinq a foundation at the individual's personal residence. R13717A5.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. _._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 subiect 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 receiving the effluent and used for the irriqation of veqetation, dust control, or waterinq a foundation. f..:_The effluent may not be stored for future use. 5..q.A resident using effluent for the irriqation of veqetation or dust control must post a sign on the property leg b e from the street statinq that effluent is beinq used on the property. (~. h. Every resident obtaininq effluent under this subsection must either: .a;-l_~_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's improper use or transportation of the effluent and agree to hold the City harmless, includinq reimbursinq the City for the costs of defending itself. 1-. (.q) Every Effluent Distribution Permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in complianc~, herewith: (1) Container units or tanks shall have a minimum capacity of 500 qallons; shall be capable of being closed water tiqht and shall be so closed during 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 qallons 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 receivinq 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 handlin.q 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 eiqht (8) hours. (5) Chlorine residuals shall be maintained at one milliqram per liter (parts per million) [1 mcl/I (ppm)], 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 agency or the applicable regulations of a federal or state regulatory aRency. (7) Effluent containers, includin.q those used for storage, shall be subject tn 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 o{HTwee-hl3nd¢ed '~-""-':~" ............ ~ ....'- ...... ""-"--- '~ ~ ~0) specified by the CiW' Risk Manaqer under Sec. 17-15; or shall maintain a policy of qeneral business liabiliW insurance in the same or qreater amount with a contractual liabili~ endorsement; and shall maintain a policy of automobile liabiliW 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) Bv 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 aqents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damaqes or injuries to person or property in any way related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 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 followinq precautions: "1. Do not use effluent water for drinkinq, bathinq, or personal hygiene purposes. "2. Do not use effluent water for washinq autos, clothes, or other personal contact items. "3. Do not use effluent water in swimminq pools or for similar recreational uses, "4. Do not allow children to play on qrass wet with effluent water, wait until it dries. "5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one part per million [1 mg/l(p.m.)]. "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)(lO) of this section, by any oerson, is a violation of this section. I I. (i) Violation of any of the provisions of this section, in addition to the qeneral penalties provided in this particle, shall result in denial or revocation of any such violator's Effluent Distribution Permit. R13717A5.wpd 29 Sec. 55-157. Operations plan for reservoir system. To maximize the amount of water reliably available to the City and its water customers, the City Manager sha 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 agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2. In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop 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 starting-when the combined water supply in Lake Corpus Christi and Choke Canyon reservoirs necessitates, based on conditions ex st ng at the time r~ch ~ ',ev~', where w~t~r in ~r~.~ :,~ 40% ~r [~ ~f tc~', ~tor~3e c&p~c~t~'. 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. 30 CONDITION II -- WATER SHORTAGE WATCH 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 roason 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 I of this ordinance. R13717A5.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 32 That the foregoing ordiQance was read for the first time and passed to its second reading on th~s the ~ ~'~nday of I~O~C.~' ,2001, 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 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. Rex A. Kinnison Javier D. Colmenero Betty Jean Longoria Melody Cooper John Longoria Henry Garrett Mark Scott Dr. Arnold Gonzales PASSED AND APPROVED, this the __ day of ,2001. ATTEST: Armando Chapa City Secretary APPROVED: ~'/~ day of "~ '~ ~ ,2001: James R. Bray, Jr., City ~ R. Jay'~e..i~ing First Asefstant City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi R13717A5.wpd 12 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: March 20, 2001) Case No. 0101-03, A. J. and M. C. Ramos Partners, Limited: A change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District on 3.707 acres out of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast comer of Ermis Joslin Road and the McArdle Road extension. Planning Commission and Staff's Recommendation (02/14/01): Approved the "B-4" General Business District on the north 1.272 acres and denied the "B-4" District on the south 2.435 acres, and in lieu thereof, approved a "B-1" Neighborhood Business District. Requested Council Action: Approved the "B-4" General Business District on the north 1.272 acres and denied the "B-4" District on the south 2.435 acres, and in lieu thereof, approved a "B-I" Neighborhood Business District and adoption of the attached ordinance. and adoption of the attached ordinance. Purpose of Reemest: To develop the property with a restaurant and a retail center. Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District in order to develop the subject property with a restaurant and a retail center. The subject property abuts an undeveloped "B-4" District to the north and an apartment complex zoned an "A-2" District to the southeast. Along its south and west boundaries, the subject property abuts Ennis Joslin Road, an arterial. Approval of the requested "B-4" District would extend the existing "B-4" District boundary south to abut an existing apartment complex. Given the subject property's direct access to an arterial and the existing "B-4" District to the north, it would seem appropriate to permit the expansion of the "B-4" District. However, the expansion would allow uses such as bars, dance halls, auto repair and auto sales uses to locate next to residential. It is assumed that the "B-4" District to the north will not develop with general retail uses but most likely with multi-family or single- family residential uses. A "B-I" Neighborhood Business District that would provide some protection to the existing apartment complex ~vould be more appropriate. The "B-I" District does not permit the uses considered incompatible to residential uses, and would permit the proposed restaurant (with or without alcoholic beverages), and retail center. The applicant's representative has no objection to a "B-I" District for that property abutting the apartment complex. The compromise is to have the south 2.435 acres zoned a "B-l" District and the north 1.272 acres zoned a "B-4" District. Staffhas no objections to this request. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, four (4) notices were mailed to the property o~vners within a 200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect. Director of Planning MG/MS/er Attachments: 1) Zoning Report Pages 2-9 2) Comments Received Page 10 3) Planning comrmssion Minutes Pages 11-12 4) Ordinances Pages 13-19 It:\PLN-DIR\ERMA\WORDLAGENDMEM\0101-03AGENDAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 0101-03 January31, 2001 102-1(HI7D) A.J. &M. C. Ramos Partners Ltd. Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 3.705 acres out of Lot 5, located on the southeast comer of Ennis Joslin Road and the McArdle Road extension. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: 3.705 acres Same as above. "R- 1B" One-family Dwelling District "B-4" General Business District Undeveloped land. Develop property with a restaurant and a retail center. Not applicable. Adjacent Zoning: North - "B-4" General Business District South, West - "R-lB" One-family Dwelling District East - "R-lB" One-family Dwelling District and "A-2" Apartment House District Adiacent Land Use: North - Undeveloped land. South, West - (across Ennis Joslin Road) Undeveloped land. East - Apartments and undeveloped land. Zoning Report Case No. 0101-03 (A. J. & M. C. Ramos Parmers Ltd.) Page 2 Number of Residential Units Allowed: "R-lB" - 26 units (7.26 dwelling units per acre) "B-4" - 134 units (36.30 dwelling units per acre) Estimated Traffic Generation: Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 32,715 square feet of gross floor area (average floor area per ITE) = 1,331 average weekday vehicle trip ends. Adiacent Streets/Classification: a) Ermis Joslin Road - arterial Right-of-Way Design Current: a) 90-foot right-of-way with a 20-foot wide rural paved section. Planned: a) 90-foot fight-of-way with 2, 28-foot back-to-back paved section with a 16-foot median. 1996 Traffic Count (24-hour~ weekdav~ non-directional): a) 13,150 vehicles per day Zoninq History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: In December 1996, Lots 2 & 3, located along the east side of Ennis Joslin Road and north side of South Padre Island Drive and east of the subject property, xvere granted a change of zoning from an "R-lB" District to an "A-2" District on Lot 2 for apartments and "B-4" District on Lot 3 for a mirfi- storage facility. In February 2000, the northwest comer of Ennis Joslin Road and South Padre Island Drive, southeast of the subject property, was granted a change of zoning from an "R-lB" District to a "B-4" District for a convenience store. Zoning Report Case No. 0101-03 (A. J. & M. C. Ramos Partners Ltd.) Page 3 Zoning Inventory: The subject property is part of a 1,846.64-acre area that contains undeveloped land, the Cayo Del Oso and residential development to the north. There are 17.32 acres of land zoned a "B-4" District adjacent to the north of the subject property that remains undeveloped. Southeast of the subject property, there are 18.82 acres of land zoned an "A-2" District that is predominantly developed with an apartment complex. West of the subject property is an area zoned a "T-lB" District that remains undeveloped and contains 13.63 acres. Further south from the subject property, there are 39.80 acres of land along South Padre Island Drive that are zoned a "B-4" District and developed with a mixture of uses ranging from restaurants to bars to hotels to undeveloped land. Planning Staff Analysis: General Characteristics and Background: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District in order to develop the subject property with a restaurant and a retail center. The subject property abuts an undeveloped "B-4" District to the north and an apartment complex zoned an "A-2" District to the southeast. Along its south and west boundaries, the subject property abuts Ennis Joslin Road, an arterial. Approval of the requested "B-4" District would extend the existing "B-4" District boundary south to abut an existing apartment complex. Given the subject property's direct access to an arterial and the existing "B-4" District to the north, it would seem appropriate to permit the expansion of the "B-4" District. However, the expansion would allow uses such as bars, dance halls, auto repair and auto sales uses to locate next to residential. It is assumed that the "B-4" District to the north will not develop with general retail uses but most likely with multi-family or single-family residential uses. A "B-l" Neighborhood Business District that would provide some protection to the existing apartment complex would be more appropriate. The "B-l" District does not permit the uses considered incompatible to residential uses, and would permit the proposed restaurant (with or without alcoholic beverages), and retail center. The applicant's representative have no objection to a "B-I" District for that property abutting the apartment complex. The compromise is to have the south 2.435 acres zoned a "B-I" District and the north 1.272 acres zoned a "B-4" District. Staffhas no objections to this request. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Policies can be supportive of the requested "B-4" District because of its direct access to an arterial. However, the Southeast Area Development Plan's adopted furore land use map recommends the area to develop with medium-density residential. The requested "B-4" District is not consistent with the Plan's adopted future land use map. However, a neighborhood business zoning district that would provide a transition between the residential zoning on the southeast and the existing general business district on the north would be appropriate. A "B- 1" District would be an appropriate district. Zoning Report Case No. 0101-03 (A. J. & M. C. Ramos Parmers Ltd.) Page 4 Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per acre or 26 un/ts on the subject property. Both the "B-I" and '53-4" Districts permit a density of 36.30 dwelling units per acre or 134 units on the subject property. With direct access to an arterial, Ennis Joslin Road, the increase in density will not adversely impact the area. Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with a side and rear yard setback of five (5) feet each. Both the "B-I" and "B-4" Districts require a front yard setback of twenty (20) feet with no required side or rear yard setback unless adjacent to a residential district ~vhere a setback often (10) feet would be required. Both the "R-lB" and "B-I" Districts limit the building heights to 35 feet not to exceed three (3) stories. The "B-4" District does not limit the building height. Signage: The "R-lB" District permits one wall sign not to exceed an area of one square foot. The "B-I" and "B-4" Districts permit unlimited wall signs. A "B-I" District permits one freestanding sign per premise with an area of forty (40) square feet and a height of twenty (20) feet. Freestanding signs in the "B-4" District are unlimited as to size, height, or number provided that they are located behind the front yard setback. If the freestanding sign is located within the front yard setback, freestanding signs are limited to one sign per street frontage with an area of forty (40) square feet and a height of 25 feet. Traffic: The potential development of the subject property would add approximately 1,331 daily trip ends to Ennis Joslin Road. As Ennis Joslin Road is currently developed, this amount of traffic would impact the road. However, Ennis Joslin Road is currently under construction to improve it to its ultimate width of a four-lane road with a median..After the improvement is complete, Ennis Joslin Road will be capable to handle the additional traffic. Parking/Screening: A restaurant use in a "B-I" District or "B-4" District is required provide one off-street parking space for each 100 square feet of gross floor area. A retail center is required to provide one parking space for each 225 square feet of gross floor area. Compliance with the off-street parking regulations will be required during the permitted phase of the development. A standard screening fence with a height of six (6) feet is required when a business or industrial use locates abutting a residential district. The subject property will be required to provide a standard screening fence along its southeast boundary. Costs to City: There are no anticipated costs to the City. Platting: A proposed plat has been submitted to Staff for review and approval by the Planning Commission. Pros: (Ideas in support of the request.) a) Approval of the requested "B-4" District xvould be an expansion of the "B-4" District to the north Zoning Report Case No. 0101-03 (A. J. & M. C. Ramos Partners Ltd.) Page 5 b) The "B-4" District is consistent with City policies that recommend commercial district in areas with direct access to an arterial without traversing a residential district. Cons: (Ideas in support of maintaining the current zoning.) a) The requested "B-4" District is not consistent with the Southeast Area Development Plan's adopted future land use map. b) A "B-i" District would act as a transition' between the residential development on the southeast and the commercial district on the north. Staff Recommendation: Denial of the "B-4" District, and in lieu thereof, approval of"B-l" Neighborhood Business District on the south 2.435 acres and approval of the "B-4" District on the north 1.272 acres. Attachments: Zoning and Ownership Map Ownership List Southeast Area Location Map H 5P LN-D IRkERMA\WORDXZONRPTS\0101-03REPORT.DOC PHARAOH VALLEY SOUTHEAST UNIT 1 TRACT 2 B-4 JOSLit JOSL IN TRACT A-2 R-lB B-4 R-lB JOSLIN A-I Jon 22, 2001 - RP CASE B-4 -4. · - Property Owner in Favor Property Owner Opposed X See Comments on Page(s) .. /~ 50 ZOIOI-03 Subject property O~vners within 200 feet listed on ottoched ownership list OWNERSHIP LIST CASE NO. 0101-03 APPLICANT: A. J. AND M. C. RAMOS PARTNERS, LIMITED 3554 S..~LAMEDA 78411 REPRESENTATIVES: GEORGE B. CLOWER P. O. BOX 6762 78466-6762 NICK M. 'WELSH 3054 S. ALAMEDA 78404 1 Z0101-03 247600280050 JOSLIN PARTNERSHIP LTD 635 WILSON PLAZA NORTH CORPUS CHRISTI TX 78401 FLOUR BLUFF & ENC FRM GDN TRACT 37.7726 ACS OUT LTS 4, 5 & 6 SEC 28 2 Z0101-03 383100010020 BAYPOINT LTD 1250 NE LOOP 410, STE 800 ALAMO HEIGHTS TX 78209 JOSLIN TRACTS LT 2 BLK 1 3 Z0101-03 ROW TEXAS DEPT. OF TRANSPORTATION 1701 S. PADRE ISLAND DR. CORPUS CHRISTI, TEXAS 78416 4 Z0101-03 JOSLIN PARTNERSHIP LTD. C/o FLORA JEWEL, TRUST OFFICER INVESTMENT MANAGEMENT AND TRUST WELLS FARGO BANK TEXAS, N.A. P. O. BOX 900 CORPUS CHRISTI, TEXAS 78403 0 SUBJECT PROPERTY Z0101-03 247600290016 JOSLIN PARTNERSHIP LTD 635 WILSON PLAZA NORTH CORPUS CHRISTI TX 78401 FLOUR BLUFF & ENC FRM GDN TRACT 12.1994 ACS OUT OF LTS 1 THRU 6 SEC 29 LEROY SAN MIGUEL MAINTENANCE DEPARTMENT CORPUS CHRISTI I.S.D. P. O. DRAWER 110 78403 AL MORALES, PRESIDENT SOUTHBAY HARBOR NEIGHBORHOOD ASSN. 1014 HARBOR LIGHTS CORPUS CHRISTI, TEXAS 78412 JERRY WAGNER SOUTHBAY HARBOR NEIGHBORHOOD ASSN. 1018 HARBOR LIGHTS CORPUS CHRISTI, TEXAS 78412 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0101-03 A. J. and M. C. Ramos Partners, Limited · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: None. Opposition: None. [I. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. III. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:XPLN-DIRXERMA\WORD\COMMDATA\0101-03COMMENTS.DOC Planmng comrmssion Minutes January. 3 I, 2001 New Zoning Cases A. J. and M. C. Ramos Partners, Limited: 0101-03 REQUEST: "R-lB" One-family Dwelling DisUict to "B-4" General Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 3.705 acres out of Lot 5 and located on the southeast comer of Enms Joslin Road and the McArdle Road extension Mr. Saldafia stated the applicant requested a continuance for two (2) weeks to the February 14, 2001 Planning Commassion meeting. The applicant is out of the country. Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing was closed. Motion by Sween-McGloin, seconded by Cheek, to approve a two (2) week continuance. Motion passed with Richter and Salazar being absent. Planning comrmssion Minutes February 14, 2001 ZONING CASES A. J. and M. C. Ramos Partners, Limited: 0101-03 REQUEST: "R-lB" One-family Dwelling District to "B-4" General Business Dislxict on Flour Bluff and Enemal Farm and Garden Tracts, Section 28, being 3.705 acres out of Lot 5, and located on the southeast comer of Enms .luslin Road and the McArdle Road extension. Mr. Saldafia said that the zoning case had been continued from the January 31, 2001 meeting as requested by the applicant. Since that time, Staff and the applicant's representatives have been discussing alternatives to the requested change of zoning. The applicant requested a change of zoning from an "R-lB" One-family Dwelling District to a "B-4" General Business District in order to develop the subject property with a restaurant and retail center. A compromise had been reached with the agreement that Staffwould recommend and the applicant would not object to a "B-I" Neighborhood Business District on the south 2.435 acres abutting the apartment complex and a "B-4" General Business District on the remaining area. This compromise would protect the existing residential development from objectionable uses such as bars, dance halls, automotive repair, etc. Mr. Saldafia presented a PowerPoint presentation of the subject property and the surrounding area. The subject property is part of a 1,846.64-acre area that contains undeveloped land, the Cayo Del Oso and residential development to the north. There are 17.32 acres of Iand zoned a "B-4" District adjacent to the north of the subject property that remains undeveloped. Southeast of the subject property, there are 18.82 acres of land zoned an "A-2" District that is predominantly developed with an apartment complex. West of the subject property is an area zoned a "T-lB" District that remains undeveloped and contains 13.63 acres. Further south from the subject property, there are 39.80 acres of land along South Padre Island Drive that are zoned a "B-4" District and developed with a mixture of uses ranging from restaurants to bars to hotels to undeveloped land. Staff recommends denial of the "B-4" Distxict, and in lieu thereof, approval of "B-I" Neighborhood Business District on the south 2.435 acres and approval of the "B-4" General District on the north 1.272 acres. comnUssioner Sween-McGloin asked if Staff approved of Lot 5 having split zoning. Mr. Saldafia responded that Lot 5 is currently zoned "B-4"; however, the southern portion would be rezoned from an "R-lB' District to a "B-1" Neighborhood Business District. The ConUmssion expressed concern with split zoning on Lot 5 and the possibility of signage issues as a result of "B-4" District being on the northern portion and "B-I" District being on the southern portion. It was stated that the applicant could place a sign with unlimited height restrictions on the portion zoned "B4" for the business on the portion zoned "B-I" District. ComnUssioner Sween-McGIoin asked whether Staff could rezone the portion that would remain "B-4" District adminis~xatively to "B-I' District. Mr. Gunmng suggested that Staffcould waive the rezoning fees to accommodate the applicant if he chose to rezone the "B-4" District portion to "B-I' Distxict. After discussion with the applicant, his representative, Mr. Tim Clower, Taft Texas, said that the applicant would be willing to rezone the northern portion of Lot 5 to "B-I" Neighborhood Business District if the fees were waived. Motion by Cheek, seconded by Salazar, to approve Staff's reconamendation for denial of the "B4" District, and in lieu thereof, approval of"B-l" Neighborhood Business District on the south 2.435 acres and approval of the "B4" General District on the north 1.272 acres. Motion passed with Richter and Zamora being absent. Motion by Sween-McGlom, seconded by Mims, to proceed with rezoinng the northern portion of Lot 5 for public hearing before the Planning ComnUssion as soon as possible. Motion passed with Richter and Zamora being absent. PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A. J. AND M. C. RAMOS PARTNERS, LIMITED, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.707 ACRES OUT OF LOT 5, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT A AND "B-4" GENERAL BUSINESS DISTRICT ON TRACT B; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application ofA. J. and M. C. Partners, Limited, for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 14, 2001, during a meeting of the Planning Commission, and on Tuesday, March 20, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of 3.707 acres out of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Ennis Joslin Road and the McArdle Road extension, from "R-1B" One-family Dwelling District to "B-I" Neighborhood Business District on Tract A and "B-4" General Business District on Tract B. Metes and bounds description is attached as Exhibits A and B. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. \\CrTYHALL02~USERS~LEG-DIR\NOEMI~DDC URTIS~,WDOCS~200 I~P&ZORD0 I~ZONING.ORD~DOYLEC~00 I~Z010103A.DOC Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of March, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM MARCH 14, 2001 James R. Bray, Jr. City Attorney By: Doyle D. Curtis Senior Assistant City Attorney \\CITYHALL021USERSU-EG-DIRINOEMI~DDCURTIS~IYDOCS~200 I~P&ZORD01~.ONING.ORD~DOYLEC~001~.010103A.DOC FEB-08-2001 03:29 AM BASF AND WELSH ENG 36188217R5 P.02 BASS ~, Wm'L. SH ~NGiNE:m. RiNG ~QII4 L TRACT A I~qOPOSED B,-'~ ZONING TlaA_~.CT Febn~ry' T, 2001 98068.MB1 ~'rA~ OF TEXA~ J COUNTY OF NUEC~S ) I]~SCRI~'I~ON of e 2.435 aeze fnac~ of I~neL mom or iee~ e lx~on ~4 LotS, ~ 28, Flour Blull ~md Endnai Ferm and (3enlen Tf~m, · m,~ ~ whk~ Is moo~ed in ¥olum~ .A-, Pagee 41 - 43, Mep I:le~x~k. Nuec~ County, Tm.m, ~ 2.435 a~e tra~ a~ ~ur~ner dm~ed by metes end bouncl~ as BEGINNING at the w~temm~t comer of Lot 2, Bk:x:k 1, Joslin Trac~, 8 map oi which is recorded in Volume 68, Page. (~ and 86, said Map Record~ ~td beQ4nnin9 point fo~' the southemrno~ comer M th~ tract hewn deec~t~d and being in the ea~te~ right.of-way line of Ennls Joslin Flmad and a ctscular ctm~e !o the dghl having a cereal angle of 2~57'06", a mdlu~ of 727.0g' and a chord beming N32~Z30'~ a d~e.l~e of ~38.ea,: T~-,c~ along aaid eastMly rigM-o~,.w~/line of En~Is Joslin Road. being the am c~ ~ (drcular cuwe to th~ ~]h~ a d~ ~ 342.02' to a point for the w~mm'nmo~t corner of the tract hereln dNenb~d; ~r ~51 "E 21'78' to m point fro- · w~t.~/c~'rmr o1 the t~ct hmlln described; Thine N67°63'64'E 56.52' to the point <~ ct~ratm~ of a c,,'-;u~, cra'ye to the ~ ha~nQ a cenmaJ angte of 31043'40", e radiut of 100.00' and e chon~ bMuing N52002'01 "E a di~tar~e of 54.67'; The~c~ along the an: of said circular curve to the k~t a distance o~ 55.38' Io a the point of tangeric~, Thence N36°10'09'E 63.91' to a point for c~nthd Intef~' con'~ of this trot; Thence NS3°49'Sl'W 64.22' to · point for a nodh central ~omer of this tre~t; Thef,~:~ N30°49'55'W 9~.34' to e point fo~ a north ce~trad COlTmr ~l this trac~: 77.01' to a ;x~m in ~ ~Mt~undmy #~ of ~aid L=~ 5, ~ 20, ~ the no~lhemmo~ comer o~ Ihe tm~ her~n de~crtbed; The*~c~ ~1°18'21"E ~24.ee' along se, Id norlt~em boundmy line o~ said Lot 5 to a point for the eeMemrnost comer of t~ tracl heroin de~fibed; Thence S63~48'03'W 5~.33' to a point fo~ central easten~/comer of this Thence 828~62'13"W, at ~0.Se' I~.~ th~ nodhemmo~ corner of ~aid Lot 2, ~ 1, Jo~lln T~, Irt EXHIBIT A FEB-08-2001 03:29 ~Q B~S~ AND UELSH ENG 38188217~5 P.03 BASB ~11 WEL.~H I='NGINE;IrRING TRACT B P~P~S~ I~ ZOMNO TflAGT Feixua,-y 7. 2001 gBO68,MB4 81'ATE OF TEXAS COUNTY OF NUECE$ J IJESCRi~-v iON of a 1272 acm tm~l of land, rnme or I.#. a ixiWon M Lei 5, 5mjUon ~. Flour 81ulT end r=n~rmi Fa~n and GMden TnJe~ a m.l~ M wN~ ts meeed~ in Volam~ 'A", Pa~,J 41 - 43, MJ~ 81111t~g al Ifa wellem~o~ comer el Lot 2. ~ 1, ~ Tm~, a ~ ~ ~ ~ ~ In ~, a ~ ~ ~,~ ~ e ~ ~ ~ e~ ~ ~.~; ~ ~ ~ ~. ~ ~ ~~ln~a~tot~ ~ ~a~ d ~1~, a ~ ~ ~.~ ~ a ~M ~ NI~ a d~ ~ 27~; 'r~w~e ~m~b~lflg aJoflg uaid eamef~ right, f-way line ot Ennto Joslin Roa~, being eloflg ~e arc ~ ~ olmular cu~,o to the dght. a distance d 2T.92' to tho poim d tangoflL~, Theme <x~tinulng ~ said easwdy ~ht-oi-wsy line et Enni$ JoMIn R<md NlSa22'lS'W 391.03' to the point of i/lteta~M, of ~ eJ~len~/rtl~l-el-way fine of Er.'~ Joelin Road and ~ bounds/llne o~ said Lot S. Saelion 28, Flour Biull e4~d c.~.-,-,-,-,-,-,-,.~ Perm and Gefd~ Tracta; Theme S81°18'21'E along ~ noflheaM boundaw line el Lot 5. Section 28, a dist~,c~ of 301.5g' to a pofnt for e cemral ea~.~y c'~me~ of thb t~'m~, Thence 859~10'05'W 77.01' to a point f~r central easterly Inte¢,or comer of ~ tmcl; Thence S30"4g'S5'E 68.34' to a polnl for Int~l~x southeamerly miner of ~ b'act; 'T~ S53°49'S1'E 6422' to a point for the eastemmo~ so~th corner of this tra~, T~ S38el(.'~'9'W ~3.01' to the pob~ of cuwatum of a ~mular cuwe 1o the right having a cenLml angle of 31°43'4g". a radiu~ of 100.00' and a chord bear',ng ,~52~Z'01'W a distance of 54.66': Theme along the am of said 0imul~ c~we fo tho right a al!stance of SS.38' to the point o~ tang~. 'rhenc~ S67e53'54'W 56.52' to a point fo~' the southern~ comer oi the bad h~ del~tbed; Thence N85~J3'Sl'W 21.78' to the POINT OF BE~IINNIN~. EXHIBIT B APPLICANT'S REQUEST AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A. J. AND M. C. RAMOS PARTNERS, LIMITED, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.707 ACRES OUT OF LOT 5, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-'lB" ONE-FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application ofA. J. and M. C. Partners, Limited, for amendment to the zoning ordinance and zoning map of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 14, 2001, during a meeting of the Planning Commission, and on Tuesday, March 20, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of 3.707 acres out of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast corner of Ennis Joslin Road and the McArdle Road extension, from "R-lB" One-family Dwelling District to "B-4" General Business District. Metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. \\CITYHALL02\USERS\LEG-DIR\NOEMI\DDCURTIS~VIYDOCS~2001~P&ZORD0 I~_ONiNG.ORD\DOYLEC~001~Z010103B.DOC /? Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. 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 upon first reading as an emergency measure on this 20th day of March, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM MARCH 14, 2001 James R. BrAy', Jr. City Attorney sDe°nYli~ r?/~,~'"si~trtaiSnt City Atto r ney~ - \\CITYHALL02~USERS~EG-DIR'~IOEMI\D DC URTIS~,IYDOCS~00 i~P&ZORD0 I~.ONiNG,ORD\DOYLEC~00 I~ZOIO103B.DOC BASS & WELSH ENGINEERING PROPOSED B-4ZONINGTRACT December 26, 21300 gS068Z.MB STATE OF TEXAS } COUNTY OFNUECE$ } DESCRIPTION of a 3.705 acre portion of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of whtch is recorded in Volume 'A', Pages 41 - 43, Map Records, Nueces County, Texas, said 3.705 acre tract as further described by metes and bounds as follows: BEGINNING at the westemmost comer of Lot 2. Block 1, Joslin tracts, a map of which is recorded in Volume 58, Pages 85 & 86, said Map Records, said beginning point for the southernmost comer ol the t,"ast herein des~ibed and being in the northeast fight-of-way line of Ennis Joslin Road and being in the am of a circular curve to the right having a central angle of 29~09'01', a radius of 727.09' and a choM bearing N30°56'46'W a distance of 365.94'; Thence along the am of said cimular curve to the right, being said northeast right-of-way line of Ennis Joslin Road, a distance of 369.92' to the point of tangenoy; Thence continuing along said northeast right-of.way line of Ennis Joslin Road N16°22'15'W 391.16' to a point for the northwest comer of this tract and point of intersection of the northeast boundary line of said Lot 5, Section 28 and said northeast right-of-way line of Ennis Joslin Road; Thence along the northeast bounda~/line of said Lot 5, Section 28, S61°15'58'E 626.15' to e point in a northwesterly boundary line of a 31.699 acre tract of land for the eestemmost comer of the tract herein described, said eastemmost comer bears S63°44'27'W 11.62' from the northernmost or northwest corner of said :31.699 acre tract; Thence along said northwest boundary line of 31.6gg acre tract S63°44'27"W 56.08' to a point for easterly comer of the tract herein described and northwesterly comer of said 31.699 acre tract; Thence S28°52'13'W along a northwesterly boundmy line of said 31.699 acre tract, at 109.66' pass the northemrnost or northwest comer of said Lot 2, Bkx=k 1, Joslin Tracts, in all a distance of 415.07' to the POINT OF BEGINNING, a sketch of said 3.705 acre tract being attached hereto es Exhibit 'B'. ON M. WELSH, R.P.L.$. EXHIBIT A 13 AGENDA ITEM: A. CITY COUNCIL AGENDA MEMORANDUM March 12, 2001 Ordinance providing for the issuance of General Improvement and Refunding Bonds, Series 2001, of the City of Corpus Christi, Texas, in the aggregate principal amount ($39,170,000') and bearing interest at the rates hereinafter set forth, and providing for the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the redemption thereof at maturity; repealing all ordinances in conflict herewith; and providing that this ordinance shall be in force and effect from and after the date of its passage; and declaring an emergency. Ordinance providing for the issuance of General Improvement Refunding Bonds, Series 2001A (December 2001 delivery), of the City of Corpus Christi, Texas, in the aggregate principal amount ($11,240,000') and bearing interest at the rates hereinafter set forth, and providing for the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the redemption thereof at maturity; repealing all ordinances in conflict herewith; and providing that this ordinance shall be in force and effect from and after the date of its passage; and declaring an emergency. ISSUE: On November 7, 2000, the voters of Corpus Christi approved the authorization of general improvement bonds for Street Improvements, in the amount of $20,776,000; Park and Recreation and Museum Improvements, in the amount of $4,694,000; and Public Health and Safety Improvements, in the amount of $5,330,000. Additionally, it is recommended that certain outstanding obligations of the City be refunded to achieve a debt service savings with respect to the refunded bonds. REQUIRED COUNCIL ACTION: A. Approve an Ordinance providing the issuance and sale of $39,170,000' City of Corpus Christi General Improvement and Refunding Bonds, Series 2001. Approve an Ordinance providing the issuance and sale of $11,240,000* City of Corpus Christi General Improvement Refunding Bonds, Series 2001A. PREVIOUS COUNCIL ACTION: On January 9, 2001, the City Council approved the financial advisor, senior managing and co-managing underwriters, and bond council for the General Obligation Bonds. * - Preliminary, subject to change on sale of bonds CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the Ordinance authorizing the issuance and sale of $39,170,000' City of Corpus Christi General Improvement and Refunding Bonds, Series 2001. Staff recommends that the City Council approve the Ordinance authorizing the issuance and sale of $11,240,000' City of Corpus Christi General Improvement Refunding Bonds, Series 2001A. ~~. Cruz~--Aedo Director of Financial Services Attachments: Background Information Ordinance * - Preliminary, subject to change on sale of bonds BACKGROUNDINFORMATION On November 7, 2000, the voters of Corpus Christi approved the authorization of $30,800,000 of general improvement bonds. They are for Street Improvements, in the amount of $20,776,000; Park and Recreation and Museum Improvements, in the amount of $4,694,000; and Public Health and Safety Improvements, in the amount of $5,330,000. Due to favorable market conditions, I am also recommending that certain outstanding obligations of the City be refunded as part of the voter approved bonds and a forward refunding to be completed on December 2001 to achieve debt service savings. This refunding and forward refunding opportunity exists because of the lower interest rate market that exists today. 'We can replace higher interest rate bonds with lower interest rate bonds at today's market and save debt service, which relieves pressure on the debt service portion of the tax rate. Final numbers and amounts will not be known until pricing, the bid date for buyers of the bonds on Monday, March 19, 2001. Pricing will occur at Banc One headquarters in Chicago, Illinois on this date. Final amounts will then be presented at the current meeting for your approval on an emergency basis, since the sale must occur on Tuesday or the bids for the bonds become void. Therefore, the total amount of general improvement bonds being recommended exceeds the $30,800,000 approved by the voters. On March 1 and March 2, 2001, presentations were made in New York City to Moody's-Investors Service, Inc., Standard and Poor's Rating Services, and Fitch IBCA, the three largest raters of municipal bonds in the nation. Two separate series or issues are being recommended. The first, Series 2001, is a new issue in the amount of $30,800,000, plus advanced refunding bonds at an estimated amount of $8,370,000 for a total estimated value of $39,170,000. The second issue, Series 2001A, is for forward refunding bonds with an estimated value of $11,240,000. The life of these existing bonds will not be extended. The refundings provide an estimated net present value savings of between $1,300,000 and $1,400,000. Ratings for the bonds were assigned on March 15, 2001 and have remained unchanged. The City of Corpus Christi received a rating of A3 from Moody's- Investors Service, Inc., a rating of A+ from Standard and Poor's Rating Services, and a rating of AA-from Fitch IBCA. Standard and Poor's Rating Services also revised the City's outlook from negative to stable. 14 AGENDA MEMORANDUM DATE: March 2, 2001 SUBJECT: Crosstown / So. Padre Island Drive Expressway Interchange Lighting AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an advance funding agreement with the State of Texas, acting through its Texas Transportation Commission, setting forth responsibilities for the reconstruction of the existing continuous highway lighting at the intersection of the Crosstown Expressway (SH 288) at So. Padre Island Drive (SH 358) Expressway Interchange and its approaches as a part of the Texas Department of Transportation's Crosstown Extension / So. Padre Island Drive Interchange Construction Project, and authorizing the deposit of $500,301.85 with the Texas Department of Transportation as the City's share of construction costs. ISSUE: In May, 2001, the Texas Department of Transportation will conduct its bid-letting for the reconstruction of the Crosstown Expressway Extension / Padre Island Drive Expressway Interchange (Exhibit '1). This will require the existing illumination to be replaced with a new illumination system compatible with the new interchange improvements. The City and TxDOT share, on a 50% - 50% basis, all costs for the construction, operation and maintenance of continuous expressway illumination systems within the City Limits. REQUIRED COUNCIL ACTION: other governmental agencies. Council action is required for approval of agreements with ALTERNATIVES: There are no alternative means of the City contributing its 50% share for this project. RECOMMENDATION: Staff recommends approval of the motion as presented. ~'~,~'Angel R. Escobar, P.E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Additional Background Information Exhibit 1 - Site Map Exhibit 2 - Current Intemhange Exhibit 3 - Proposed Interchange AgMemCrosstownllnterchlllum 201 (Cresstown / So. Padre Island Drive Expressway Interchange Lighting, Page I of 3) AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: InterchanRe Improvements The long-awaited Crosstown Expressway Extension / So. Padre Island Drive Expressway Interchange project (Phase 2 of the overall Crosstown Extension Project) will have this interchange fully re-configured from its current state and provided with new 'cloverleaf' and direct connector expressway features. See Exhibits 2 and 3. Most important, the project will provide for the first phase of the direct linkage of the existing Crosstown Expressway main lanes to the existing Crosstown frontage roads south of So. Padre Island Drive that were constructed and opened to traffic in August 1995. The estimated cost of this project is $45 million. The last remaining phase of construction (Phase 3), which is anticipated to be underway within the next three to four years near the completion of the new interchange, will extend the expressway main lanes to south of Saratoga Boulevard with interchanges (main lane overpasses) at Holly Road and at Saratoga Boulevard. Illumination Improvements and Cost Impact Because of the re-configuration of the interchange, the interchange's illumination system will also need to be replaced with new and upgraded expressway lighting compatible with the two new 'cloverleaf' connections, the direct connector roadways, and the portions of new expressway north and south of So. Padre Island Drive. This illumination project will result in the removal of 72 existing expressway lights and the four high mast illumination assemblies, and new installation of 152 expressway lights and eleven high mast illumination assemblies. Because the City and State share the expressway lighting system expenses 50% - 50%, the net increase in the City's share operating expenses for these illumination improvements will be approximately $8,000 per year. FUNDING The City's funding share for construction of the illumination improvements will come from the 2000 Bond Issue, specifically from the allocation approved for the 'City Share of Cost Participation in State Highway Department Projects'. Responsibilities: The terms of the advance funding agreement include the following responsibilities for each entity: State Bear cost of preliminary engineering Prepare plans and specifications, advertise for bids, let the construction contract, and supervise construction Bear all costs for construction of overhead sign bridge structure replacement and sign lighting ~- Maintain the operation and preservation of the illumination system ~* Agrees to reimburse the City 50% of the electrical energy cost for operation of the illumination system (Responsibilities, continued) City ~- Shares the cost of rehabilitation construction costs of the illumination system with the State 50% - 50%, subject to existing maintenance contracts ~ Agrees to furnish the electrical energy required for the illumination system. [Note: This is done through the City's Expressway Lighting Account with Central Power & Light Company, for which the State reimburses the City a 50% share]. Each of the above responsibilities are typical to the current agreements between the City and State for each of the other expressway illumination systems, except Interstate 37, for which the City bears 100% of the expressway maintenance expenses between Corn Products Road and Waco Street. This is due to the one-time, prior agreement in which the City was allowed to forego its 50% share of construction for rehabilitation of the continuous expressway lighting in favor of bearing the 100% cost responsibility for maintenance of the system. (Crosstown / So. Padre Island Ddve Expressway Interchange Lighting, Page 3 of 3) $~[~¥ I1,1 15 AGENDA MEMORANDUM DATE: March 13, 2001 SUBJECT: Frost Bank Lease Space Remodel AGENDA ITEM: Motion authorizing the City Manager, or his designee, to amend the existing lease agreement with Frost National Bank for 41,289 square feet of the Frost Bank Building, located at 2402 Leopard and the land on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1, Nelson Addition No. 2, to provide for an additional allowance of $500,000 from the Frost National Bank; and, Ordinance reappropriating $458,440 from the Frost National Bank lease purchase agreement in the General Fund No. 1020, amending Ordinance Number 024130 which adopted the FY 2000-01 budget by increasing both revenues and appropriations by $458,440 in the No. 1020 Fund for improvements to the Frost Bank building; and declaring an emergency; and, Ordinance appropriating $500,000 from the amendment to the Frost National Bank lease purchase agreement in the General Fund No. 1020, amending Ordinance Number 024130 which adopted the FY 2000-01 budget by increasing both revenues and appropriations by $500,000 in the No. 1020 Fund for improvements to the Frost Bank Building; and declaring an emergency; and, Motion authorizing the City Manager, or his designee, to execute a construction contract with Zimmerman Construction in an amount not to exceed $578,240 for the Frost Bank Lease Remodel. (Project # 4201) ISSUE: This construction contract is necessary to renovate the second, third and fourth floors of the Frost Building to accommodate the current and short-term space needs of Emergency Management, Police, Fire, and various other City Hall Departments. FUNDING: Funds for this project are available from two appropriations from Frost National Bank as part of a $1,000,000 "built-out" allowance for remodeling, repairs, improvements and associated costs. RECOMMENDATION: Staff recommends approval of the motions and ordinance as ~r~Angel__ R. Escobar, P. E., Additional Support Material: Exhibit A Exhibit B Schedule 1 Exhibit C Exhibit D (Date) Background Information Project Budget Cost Analysis Bid Tab Summary Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Frost Bank Space Remodel (Project # 4201) PRIOR COUNCIL ACTION: May 30, 2000 - Motion authorizing the City Manager, or his designee, to execute a lease agreement and an option to purchase with Frost National Bank for 41,289 square feet of the Frost Bank Building located at 2402 Leopard Street and the land on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1, Nelson Addition No.2 (M2000-167) May 30, 2000 - Ordinance appropriating $500,000 from the Frost National Bank Lease Purchase Agreement in the General Fund No. 1020, amending FY 99-00 Budget adopted by Ordinance No. 023702 to increase appropriations by $500,000 in the No. 1020 Fund for office space improvements to the Frost Bank Building; and declaring an emergency. (Ordinance No. 024052) May 30, 2000 - Motion authorizing the City Manager, or his designee, to execute a contract with Morgan Spear Associates, Inc. in the amount of $41,560 for architectural services associated with the Frost National Bank Building Lease Purchase Improvements. (M2000-168) July 25, 2000 - Approval of the FY 2000-2001 Operating Budget. (Ordinance No. 024130) PRIOR ADMINISTRATIVE ACTION: December 17, 1999 - Small Agreement for Architectural Consultant Services with Morgan Spear Associates, Inc. for a total fee not to exceed $8,200 for Evaluation of Lease Proposals. February 8, 2000 - Amendment No. 1 to small agreement for Architectural Consultant Services with Morgan Spear Associates, Inc. for a fee not to exceed $6,700 for a total restated fee of $14,900 for Evaluation of Lease Proposals. FUTURE COUNCIL ACTION: Exercise of a Lease/Purchase Agreement to fund an emergency generator. Exercise of a Lease/Purchase Agreement to install a phone/data system. Award of an A/E contract to provide design services related to the first floor one-stop center. Award of a construction contract for the first floor one-stop center. Exercise of Purchase Option on the building. ~ENGINEERING'~DATAI',HO ML~LYN DAS\G EN~PU BLIC FACILITIES~I201 - FROST BUILDING~BACKGROUND DOC EXHIBIT "A"I PROJECT BACKGROUND: Morgan Spear Associates, Inc. was administratively contracted to analyze the space needs of City Hall and its related facilities and evaluate seven lease proposals for necessary additional space. Consequently, the City entered negotiations with Frost National Bank to develop a lease agreement that best met the needs of the City. The approved lease agreement provided for a 21-year lease of 41,289 square feet contained in the Frost Bank Building located at 2402 Leopard Street. Frost Bank granted the City a "Tenant Improvement Allowance" in an amount not to exceed $500,000 as part of a "built-out" allowance for remodeling, repairs, and associated architectural improvements. This amendment to the existing lease will provide for an additional allowance of $500,000 to complete necessary renovations. Initial monthly lease payments of $1,961 to Frost Bank are deferred and will begin 25 months after occupancy of the fourth floor. The second and third floors will be ready for occupancy two months after the fourth floor is completed and at that time, subsequent lease payments will increase to $6,577.45. The payments for the additional allowance will begin on August 15, 2001, with an initial payment of $5,309.00 and monthly payments of $4,315.98 thereafter. The payments will continue until August 15, 2011, when the balance of $353,750 will be due and payable. At that time the City has the option of paying the balance in full, refunding, or refinancing. LEASE AMENDMENT: The lease amendment provides additional funding to permit: · Award of Construction Contract; and · Build-out of the first floor as a future project. PURCHASE OPTION: If the option to purchase the building is exercised, the purchase price for the property shall be as follows: Lease Year Purchase Price 9th $1,644,357.00 14th $1,081,874.00 19th $ 424,986.00 22nd 0 Exercise Period 6/1/2008 - 5/31/2009 6/1/2013 - 5/31/2014 6/1/2018 - 5/31/2019 6/1/2021 - 7/31/2021 PROJECT DESCRIPTION: This project includes all work necessary to renovate the second, third and fourth floor of the Frost Building. The City will initially occupy the fourth floor with the Emergency Management and Emergency Operations Center. The third floor will house Fire Department Administration, Emergency Medical Administration and Fire Training Personnel. The second floor will house Fire Prevention and the Local Emergency Planning Committee. I~EN GIN EERING~DATAI'~'IOMI~LYNOAS~,GE NtPUBMC FACILITIES~4201 - FROST BU[LDING~BACKGROUND DOC BID INFORMATION: The project consists of a base bid and five additive alternates. The City received proposals from nine (9) bidders on January 31, 2001. The bid range for the base bid is: $578,240 to $642,000. The Iow bidder, Van Fleet Construction, was deemed non-responsive because the bid bond failed to name the City of Corpus Christi. The second Iow bidder, Zimmerman Construction Company, Inc. did not acknowledge addendum # 2 on the proposal form. The bidder was called forward during the bid opening and verbally acknowledged the addendum. The City has historically allowed bidders to verbally acknowledge addenda which constitutes an irregularity. General Provisions and Requirements For Municipal Construction Contract, Section B-2-13 states, "the City reserves the right to waive any irregularities and to make the award in the best interest of the City." Staff recommends the exercise of this option and that Council waive the irregularity. The two next lowest bidders, Sal- Con Construction and Marshall Construction were tied for their base bid amount. Sal- Con Construction has wdtten a protest letter concerning the irregular bid (Attachment One) and a representative of Marshall Construction appeared in person to voice their concern. The Legal Department reviewed the complaints, and found it to be within the City's prerogative to waive the irregularity. A written response (Attachment Two) was mailed to SaI-Con Construction on Friday, February 9, 2001, and the Legal Department verbally responded to Marshall Construction. The Engineer's estimated construction cost for the base bid and additive alternates is $500,000.00. The City's Consultant, Morgan Spear Associates, Inc., and City staff recommend that a contract be awarded in the amount of $578,240 to Zimmerman Construction Company, Inc. for the base bid amount only. CONTRACT TERMS: The contract specifies that the project will be completed in 120 calendar days, with completion anticipated by early summer. FUNDING: Funds for this project are available from the appropriations of two "built-out" allowances provided by Frost Bank. FINAL PRODUCT: This contract will result in additional office space for various City Departments including the Emergency Management and Emergency Operations Center, Fire Department Administration, Emergency Medical Administration, Fire Training Personnel, and the Local Emergency Planning Committee. ~ENGIN EE RING~DATAI'~HOME~YNDAS~GEN~PU BLOC FACILITIES~42(31 - FROST SUILOING~BACKGROUND DOC ~.0. Box 717'-/1 111 II Iq. ll February 5, 2001 Mr. 'Angel R. Escobar, P.E. Director of Engineering Services The City of Corpus Chdsti, Texas P.O. Box 9277 Corpus Chdsti, TX 78469 Sent via fax: 880-3501 RE: Frost Bank lease space remodel Dear Mr. Escobar: It is our opinion that our bid, as well as Marshal Co. is the best responsive Iow proposal received on the above-named project and as such have a substantial, economical, financial and business interest in the proposed announced intention of consideration of awarding the contract on the above- named project to: Zimmerman Construction. We hereby claim the alleged Iow-bidder's bid was non-responsive as required by the contract documents for the following reasons: Part A, Special Provisions paragraph A-9 Acknowledgment of Addenda, requires the contractor to acknowledge receipt of all addenda received in the appropriate space provided in the proposal. Zimmerman's verbal acknowledgement, after all bids were read, does not comply with what it states in the contract documents and should be considered an irregular proposal per paragraph B-2-13 and rejected per the guidelines of paragraph B-2-14 of section B of the General Provisions. Therefore, we hereby protest any award to any other company and allege that our company submitted the lowest responsive bid and request a hearing for determination. Please call if you have any questions. Vice PresidenU Project Manager cc: Morgan Spear Associates ATTACHMENT "1" Page 1 of 1 C ity of __ _ t-prpus --_ Christi February 9, 2001 Mr. Ernest Salazar, Jr. Vice President/Project Manager Sal-Con, Inc. P.O Box 71771 Corpus Christi, Texas 78467-1771 RE: Frost Bank Lease Space Remodel Dear Mr. Salazar: I am in receipt of your letter dated Februmy 5, 2001, regarding the Frost Bank remodel project. I have looked at the provisions of the contract documents you cited to me in support of your position that Zimmerman Construction Co., Inc. was non-responsive and should not be awarded the contract as low bidder. I also have had our Legal Depam~xent review your letter. You are correct that Zimmerman Construction did not acknowledge Addendum No. 2 in their proposal, but did at the bid opening, as you are aware, orally acknowledge Addendum No. 2. As you are also aware, the Addendum No. 2 contained only minor changes to the Specifications and Drawings. Paragraph B-2-13 of the General Provisions and Requirements of the Construction Contract states in its entirety as follows: "Proposals will be considered irregular if they show any omissions, failure to t>ror~erl¥ account for duly issued addenda, alterations of form, additions, conditions not called for, unauthorized alternative bids or irregularities, or qualifications of any kind. However, the City reserves the right to waive any irregularities and to make the award in the best interest of the Ciw." (Underlines added). The city staff is requesting Council to waive the failure of Zimmerman Construction Co. Inc. to properly account for the Addendum No. 2 in its proposal. I hope this clarifies the position of the City. Should you have any further questions, please feel free to contact me. Sincerely, 'Angel R_ Escobar, P.E. Director of Engineering Services City of Corpus Christi cc: Morgan Spear Associates James R. Bray, Jr. jpb/ulq:on-Ilt.do~ Legal P.O.Box 9277 · Corpus Christi. Texas 71 ATTACHMENT "2" Page 1 of 1 FROST BANKSPACELEASE REMODEL PROJECT BUDGET PROJECT NUMBER: 4201 March 13, 2001 FUNDS AVAILABLE: AMOUNT Frost Bank"Built-Out" Allowance ............................................................... $ 1,000,000 Fund 530000-1020-11155 ........................................................................ 6,700.00 Fund 550010-1020-11870 ........................................................................ 8,750.00 Lease Purchase Funding (Generator) ......................................................... 93,733.00 TOTAL AVAILABLE: $ 1,109,183 FUNDS REQUIRED: AMOUNT Construction Base Bid (Zimmerman Construction Company, Inc.) ..................... $ 578,240 Contingencies (10%) .............................................................................. 57,824 Engineering Consultant (Morgan Spear Associates Inc.) ................................. 57,010 Inspection (by Architect) ........................................................................... 9,600 Finance Reimbursements ...................................................................... 5,782 Engineering Reimbursements .................................................................. 14,456 Incidental Expense (Printing, Advertising, etc.) .............................................. 1,500 TOTAL REQUIRED: $ 724,412 Exhibit B Page I of 1 CITY OF CORPUS CHRISTI FROST NATIONAL BANK LEASE AGREEMENT Fiscal Year 1999-2000 2000-2001 2001 -2002 2002-2003 2003-2004 II *O & M Costs Cumulative Total 5,678 51,175 192,092 '1 I COST ANALYSIS SCHEDULE Debt Service {~&l)~ i Fiscal YearTotal 5,678 i$ - $ 5,678 45,497~1 45,497 114,420 ~ 26,497 140,917 174,771' ! 167,391 342,162 174,771 359,153 I ~533,924 174,771 550,914 i ~725,685 174,771 742,676 ;917,447 174,771 934,437 ' 1,109,208 174,771 i 1,126,199 ] 1,300,970 534,254 1,068,178 2004- 2005 1,793,863 2005- 2006 2,711,310 2006-2007 2007-2008 Conclusions: TOTAL 1,214,221 $ 3,907,267 i $ 5,121,488 ! $ 1. The first window of opportunity to exercise the purchase option will be from 6-1-08 to 3,820,518 5,121,488 15,298,556 5-31-09 2. At that time the purchase price will be $1,644,357. 3. As per the Lease Amendment in the event the purchase option is exercised, the City agrees to remit the entire amount of the Additional Allowance then owing and unpaid. ' Assumptions: 1. Cost reflected have been compiled using historical data. 2. Future costs do not include adjustments for inflation. *NOTE: Ii O & M Costs include: 1. Taxes 2. Insurancel 3. ElectricalI , 4. Utilities 5. Janitorial; . 6. Maintenance ' I 7. Garbage 8. Security I II , I 9. Rent ,I I I = Schedule Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'AngM Em:obar, P. E., Dir~'tor of Engineering Services Date: Wedne~lay, January 31, 2001 TIME OF COMPLETION: 120 Calendar Days ENGINEER'S ESTIMATE: $500,000 Zimmerman Const. Marshall Co. PO SaI-Con Frost Sank Laa~e SDace Renovations PO Box 366 Burner, Box 4995 Corpus PO Box 71771 Tx 78611 Christi, Tx 78469 Corpus Christi, Tx DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AI~;'..UNT PRICE PRICE PRICE BA__~:NI labor, materials. $578,240 $585,000 $585,000 servia and e~uipmellt ~ry for complete new congruence ~ the renov~t~n of ~he ex~ing Fro~ B~nl~ Leased Building a~ ahawfl in the plans and specifications exoelX work indicated by A~DITIV~ ALTERNATIVE NO, 1; $12,90~ $5,600~ $5,500 Provide unl~®x -how~ ama. ADOITIVE ALTERNATIVE NO. 2: $1,450 $7,100 $6,500 Provide Conduit for media connections. ADDITIVE ALTERNATE NO. 3: $3,160 $3,300 Provide t)uilt-tn cat~ln~e/Po#cy Group 413. ~)DITIVE ALTERNATE NO. 4: $2,695 $2,800 $2,300 Provide wire par~it~m storage ames. ADDITIVE ALTERNATE NO. 5: $51,960 $52,700 $61,500 Provide m#-up ~torm ahut~r- at extension windows at 2nd, 3rd, and ~,th flcora. EXHIBIT "C" Page 1 of 3 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CI'I'~ OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel E~r, P. E., Dtrec~r of Engineering Services Date: Wednesday, January 31, 2001 TIME OF COMPLETION: 120 Calendar Oays ENGINEER'S ESTIMATE: $500,000 D & SS Cons~ucfion ! Barcom Commercial Coastal Contractors Frost Bank Lee~e Space RenovalJons ' PO Box 8313 Corpus. 1710 SPIO #B Corpus g15 Grant Corpus Christi, Tx 78412 Christi, TX 78416 Christi, Tx 78411 DESCRIPTION Q'rY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT PRICE PRICE PRICE I~ASE BID:All lal3or, materials, $593,000 $599,700 $630,000~ aery! _,'_-~= and equipment necaeMry for coml~ela new ~on.~mctfon wlffiin the renovation of the ex~ Frost Bank Le~aed Bulk:ling a~ ~/x~am in the plans and ~ except work indicatacl by MtamMNes ADDITIVE ALTERNATIVE NO. 1: $8,688 $7,800 Provide unisex st~w~r area. ADDITIVE ALTERNATIVE NO. 2: $4,196 $4,800 $6,50C Provide Conduit for mad", ADDITIVE ALTERNATI~ J,~O. ~: $3,01~ $3,300 $3,00{~ Provide built-in cabinets/Policy Group 413. ADDITIVE ALTERNATE NO. 4: $3,5781 $4,300 S~'.10(~ Provide wire pe~on storage areas. ADDITIVE ALTERNATE NO. 5: $66,1281 $62,00C $53,500 Provide mil-up atorm ahutler - It extanalo~ window~ at 2nd, 3rd, and 4th EXHIBIT "C" Page 2 of 3 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CiTY OF CORPUS CHRIDTI, TEXAS TABULATED BY: 'Angel Escobar. P. E., Director of Engineering Services Date: Wednaeday, January 31, 2001 TIME OF COMPLETION: 120 Calendar Days ENGINEER'S ESTIMATE: $500,000 CamRett Corp, 3636 HaFoor Construction Frost Bank Lease Space Renovations S. Alameda Corpus PO Box 260044 Corpus Christi. TX 78411 Christi, Tx 78426-0044 UNIT AMOUNT UNIT AMOUNT DESCRIPTION QTY. UNIT )RICE =RICE BASE ~D:NI I~b~', mat-,nala, $635,500 $642,00U ~ aomlll~ n~v oon~-'ttofl within he re,ovation of~e exi~ng Frost B~nk Lea~l Bu/~ling a~ shom~ in ADDITIVE ALTERNATIVE NO. 1: $8.539; $7,485 ProviOe un-ex el~er area. ADDITIVE ALTERNATIVE NO. 2: $7,879 $4,473 ProvUe Conduit for media cennecttona. ,N~DITIVE ALTERNATE NO. 3: $2,979 $3,20~ Provide bulit-ln ca.nets/Policy Group 413. T T . 4: $3,250 $3,22S Pmvki~ wire pa~llcxt storage ames. I . $69,586 $64,540 ~ roll-~ ~ shutter - ~t EXHIBIT "C" Page 3 of 3 F~le : \Mproject\councilexhibits\exh4201.dwg LOCATION J/ZAP NOT TO SCALE HIGHWAY 57 VICINITY YAP EXHIBIT "D" Frost Bank Building Lease Space Remodel CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I Of 1 DATE: 02 13 2001 ~ ~ AN ORDINANCE REAPPROPRIATING $458,440 FROM THE FROST NATIONAL BANK LEASE PURCHASE AGREEMENT IN THE GENERAL FUND NO. 1020, AMENDING ORDINANCE NUMBER 024130 WHICH ADOPTED THE FY 2000-01 BUDGET BY INCREASING BOTH REVENUES AND APPROPRIATIONS BY $458,440 IN THE NO. 1020 FUND FOR IMPROVEMENTS TO THE FROST BANK BUILDING; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $458,440 is reappropriated from the Frost National Bank Lease Purchase Agreement in the General Fund No. 1020 for improvements to the Frost Bank Building. SECTION 2. That Ordinance No. 024130, which adopted the FY 00-01 budget is amended by increasing both revenues and appropriations by $458,440 in the No. 1020 Fund. 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 Annando Chapa, City Secretary Samuel L. Neal, Jr., Mayor LEGAL FORM APPROVEDTv'x~ I q , 2001; JAMES R. BRAY, JR., CITY ATTORNEY BY: ~ .v~- ~ Lisa Aguilar~Assistant City Attorney H:\LEG-DIR\LISA/LISA/ORD3~ORD3.365 AN ORDINANCE APPROPRIATING $500,000 FROM THE AMENDMENT TO THE FROST NATIONAL BANK LEASE PURCHASE AGREEMENT IN THE GENERAL FUND NO. 1020, AMENDING ORDINANCE NUMBER 024130 WHICH ADOPTED THE FY 2000-01 BUDGET BY INCREASING BOTH REVENUES AND APPROPRIATIONS BY $500,000 IN THE NO. 1020 FUND FOR IMPROVEMENTS TO THE FROST BANK BUILDING; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $500,000 is appropriated from the amendment to the Frost National Bank Lease Purchase Agreement in the General Fund No. 1020 for improvements to the Frost Bank Building. SECTION 2. That Ordinance No. 024130, xvhich adopted the FY 00-01 budget is amended by increasing both revenues and appropriations by $500,000 in the No. 1020 Fund. 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 role 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 ~, ~ q ,2001; JAMES R. BRAY, JR., CITY ATTORNEY Lisa Aguilar, ~ssistant City Attorney H:LLEG-DIR\LISA~LISA\ORD3\ORD3.366 16 AGENDA CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION DATE: Tuesday, March 20, 2001 TIME: During the meeting of the City Council beginning at 2 p.m. PLACE: City Council Chambers 1201 Leopard St. Corpus Christi, TX 78401 1. Betty Jean Longoria, President calls the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Betty Jean Longoria, President Rex A. Kinnison, Vice President Javier Colmenero Melody Cooper Henry Garrett Arnold Gonzales John Longoria Samuel L. Neal Jr. Mark Scott Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Mary Juarez, Asst. City Secretary Jorge Cruz-Aedo, Treasurer Michael Harry, Asst. Treasurer 3. Approve minutes of August 22, 2000. 4. Financial Report. 5. General Manager's Report. 4 Authorizing Execution of an Agreement with Accessible Communities, Inc. (ACl), a certified CHDO, to provide $104,325 from the HOME Program for the acquisition and rehabilitation of a building and property located at 1537 7th Street. Authorizing Execution of an Agreement with LULAC Village Park Apartments to provide an additional $45,000 from the HOME Program for the completion of Phase 3 of four (4) phases to their 152-unit development. Authorizing Execution of an Agreement with Nueces County Senior Citizens, Inc. to provide $40,000 from the HOME Program to install storm shutters to the 40-unit housing complex at 1728 Delgado (El Paraiso). 4 Authorizing the Amendment of the Agreement with the Corpus Christi Community Development Corporation (CCCDC) to provide an additional $500,000 from the HOME Program to provide assistance to an additional 33 homebuyers. 10. Public comment. 11. Adjournment. Memo TO: FROM: DATE: SUBJECT: Board Members of the Corpus Christi Community Improvement Corporation W. Thomas Utter, Assistant City Manager March 15, 2001 Request for Meeting of the Corpus Christi Community Improvement Corporation (CCClC) on March 20, 2001 I am requesting that a meeting of the Corpus Christi Community Improvement Corporation (CCCIC) be held during the Council meeting of March 20, 2001 to consider the following items: 1. Authorizing Execution of an Agreement with Accessible Communities, Inc. (ACI), a certified CHDO, to provide $104,325 from the HOME Program for the acquisition and rehabilitation of a building and property located at 1537 7th Street: The project consists of the acquisition and renovation of the existing building and property to provide two (2) fully accessible efficiency units for people with disabilities in need of transitional housing and related services as they move from institutions to the community. ACI has received funding from the Texas Health and Human Services Commission for service coordination for persons with disabilities from nursing facilities to the community for an 18-month period (October 1, 2000 - March 31, 2002). ACI is also in the forefront of plans that will allow for persons with disabilities to move form an institutionalized setting into the community. 2. Authorizing Execution of an Agreement with LULAC Village Park Apartments to provide an additional $45,000 from the HOME Program for the completion of Phase 3 of four (4) phases to their 152 unit development: In May 1998, the CCCIC allocated $399,891 to LULAC Village Park Apartments to rehabilitate the parking lots, walkways, replace the existing heating system, railings and staircases, and roofs. LULAC Village Park Apartments, a Section 8 property operating on government subsidy, provides housing to Iow and moderate income persons and their families. In the process of carrying out Phase 3, the complex has received a recommendation from the engineer that the stairways, railings, and soffit areas would be much more cost effective if they were renovated and replaced with treated lumber. That request for the treated lumber and additional renovation is in the amount of $45,000 and will ensure additional longevity of the project. 3. Authorizing Execution of an Agreement with Nueces County Senior Citizens, Inc. to provide $40,000 from the HOME Program to install storm shutters to the 40-unit housing complex located at 1728 Delgado (El Paraiso): In 1988, through the efforts of the Community Development staff, who acted as consultant for the project, Nueces County Senior Citizens, Inc. obtained HUD Section 202 funding for the construction of a 40-unit housing complex at 1758 Delgado. Nueces County Senior Citizens, Inc. sponsored the project known as El Paraiso, which was completed in December 1990. El Paraiso provides housing to the elderly and persons that are disabled. The shutters will add protection from adverse weather conditions and provide needed security for the elderly and persons with disabilities. 4. Authorizing the Amendment of the Agreement with the Corpus Christi Community Development Corporation (CCCDC) to provide an additional $500,000 from the HOME Program to provide assistance to an additional 33 homebuyers: The Corpus Christi Community Development Corporation (CCCDC), a federally-chartered corporation with principal membership from local banks, was provided $500,000 in 1996 for a new construction, single family housing initiative. Under this program, the Board approved using $15,000 homebuyer assistance to buy down the cost of a new home and for closing costs. The $15,000 deferred 0% interest loan is amortized over a 15-year period. The City Council in its Annual Action Plan previously authorized the use of funds for homebuyer assistance. The amended and restated contract incorporates these provisions into the CCCDC contract and extends the program for two additional years. Funding for all of these requests are available within the FY2000 HOME funds. Therefore, we are recommending that these four projects be approved. W. Thomas Utter Assistant City Manager MINUTES CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION AUGUST 22, 2000 3:53 p.m. PRESENT Board of Directors Betty Jean Longoria, President Rex A. Kinnison, Vice President Javier Colmenero Henry Garrett Dr. Arnold Gonzales John Longoria Samuel L. Neal Jr. Mark Scott Officers W. Thomas Utter, General Manager Armando Chapa, Secretary Jorge Cruz-Aero, Treasurer Mike Harry, Assistant Treasurer ABSENT Melody Cooper President Betty Jean Longoria called the meeting to order in the Council Chambers of City Hall. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. President B. Longoria called for approval of the minutes of the June 13, 2000 meeting. Dr. Gonzales made a motion to approve the minutes, seconded by Mr. Kinnison, and passed unanimously ( Cooper and J. Longoria absent). President B. Longoria called for discussion of the financial report. General Manager Tom Utter said as of June 30, 2000 the total liabilities and fund balance was $18,649, 223. He explained that all of the CDBG funds for housing and the HOME Program are funded by the CCCIC and generates $800,000 a year in program income. President B. Longoria opened discussion on Item 5, general manager's report. Mr. Utter gave a brief report stating that the CCCIC is the biggest generator of funds because of the yearly payback. President B. Longoria opened discussion on Item 6, agreement amendment with Nueces County Community Action Agency (NCCAA). There was no discussion. Mrs. Longoria called for a voice vote and the motion passed as follows: Authorizing the execution of an agreement amendment with Nueces County Community Action Agency (NCCAA) to provide an additional $160,000 from the HOME Program for the homebuyer grant progrmn. The foregoing motion passed by the following vote: B. Longoria, Colmenero, Garrett, Gonzales, Kinnison, Scott voting "Aye" (Cooper, J. Longoria, and Neal absent). President B. Longoria opened discussion on Item 7, execution of an agreement with TG-110 Inc., Inc. President B. Longoria recognized the improvements at the Lexington Manor Apartments. General Manager Utter stated that this amendment would be the final stage of improvements for encapsulation of asphalt asbestos floor tile which ~vas found at the apartments. Ron Anderson, Lexington Manor Apartments, thanked the Board for its efforts. President B. Longoria called for a voice vote and the motion passed as follows: Authorizing the execution of an agreement with TG-110, Inc. to provide an additional $02,500 from the HOME Program for rehabilitation of the Lexington Manor Apartments. CORPUS CHRISTI COMMUNITY IMPRVMNT. CORP. AUGUST 22, 2000 PAGE 2 The foregoing motion passed by the following vote: B. Longoria, Colmenero, Garrett, Gonzales, Kiunison, Neal and Scott voting "Aye"; J. Longoria abstained (Cooper absent). President B. Longoria opened discussion to Item 8, authorizing an amendment with Community Development Corporation to increase the Homebuyer Assistance Program. After a brief discussion, President B. Longoria called for a voice vote and the motion passed as follows: o Authorizing the amendment of the agreement with the Community Development Corporation (CDC) to increase the Homebuyer Assistance Program to $15,000 and to extend the program for two additional years. The foregoing motion passed by the following vote: B. Longoria, Colmenero, Garrett, Gonzales, Kinnison, Neal and Scott voting "Aye" (Cooper and J. Longoria absent). President B. Longoria called for comments from the audience. Rudy Cantu, Nueces County Community Action Agency (NCCAA), thanked the CCCIC for allowing the NCCAA to participate in the affordable housing program. Them being no additional business, President B. Longoria declared the meeting adjourned at 4:00 p.m. on August 22, 2000. CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED BALANCE SHEET DECEMBER 31, 2000 ASSETS Cash and investments Due from U S Government Mortgages receivable Accrued interest receivable Due from Seawall Trust Fund Loan receivable Leasehold improvements (net of accumulated amortization) Investment in property (net of accumulated depreciation) Total assets Loan Program Special Project HOME Program Fund Fund Fund Total $1,023,734 $68,619 $163,043 $1,255,396 0 0 679,727 679.727 10,446,401 0 5,147,270 15,593,671 3,876 2,635 0 6,511 0 37,039 0 37.039 0 76,397 0 76,397 585,722 0 0 585,722 223,782 21,047 0 244,829 $12,283,515 $205,737 $5,990,040 $18,479,292 LIABILITIES AND FUND BALANCE Liabilities: Accounts payable Bank note payable Total liabilities Fund Balance: Reserved for WDC project Reserved for Kids in the Neighborhood Reserved for HOME program Reserved for mortgages Reserved for Seawall loan Unreserved Total fund balance $415,669 $0 $739,063 $1,154,732 496,293 0 0 496,293 911,962 0 739,063 1.651,025 209,234 0 0 209,234 88,511 0 0 88,511 475,179 0 0 475,179 10.446.401 0 5,147,270 15,593,671 0 76,397 0 76.397 152,228 129,340 103,707 385,275 11,371,553 205,737 5,250,977 16,828,267 Total liabilities and fund balance $12,283,515 $205,737 $5,990,040 $18,479,292 CITY OF CORPUS CHRISTI CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES FOR THE FIVE MONTHS ENDED DECEMBER 31, 2000 Revenues: Contribution from Federal Government interest on loans Interest on investments Rental income Miscellaneous Total revenues Loan Program Special Project HOME Program Fund Fund Fund Total $0 $0 $901,266 $901,266 34,223 0 9,896 44,119 18,319 2,749 363 21,431 68,398 0 0 68,398 1,090 0 42 1,132 122,030 2,749 911,567 1,036,346 Expenditures: Grants Warranty Work Community Development administration Loan processing Accounting services Interest expense Miscellaneous Accumulated amortization- forgivable loans leasehold improvements Accumulated depreciation - building Total expenditures 31,961 0 520,505 552,466 29,386 0 0 29,386 0 0 3,510 3,510 0 0 30,440 30,440 0 0 6,277 6,277 11,225 0 0 11,225 0 0 0 0 6,030 0 183,148 189,178 46,486 0 0 46,486 3,108 0 0 3,108 128,196 0 743,880 872,076 Excess of revenues over expenditures Other financing soumes(uses): Operating transfers in(out): Transfer From Federal/State Grant Fund Transfer to Federal/State Grant Fund Total other financing sources(uses) (6,166) 2,749 167,687 164,270 112,943 (17,342) 95,601 0 0 112,943 0 0 (17,342) 0 0 95,601 Excess (Deficit)of revenues and other financing sources over expenditures and other uses Fund balances at August 1,2000 Fund balances at December 31, 2000 89,435 2,749 167,687 259,871 11,282,118 202,988 5,083,290 16,568,396 $11,371,553. $205,737 $5,250,977 $16,828,267 Notes and Comments