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Home My WebLink AboutAgenda Packet City Council - 06/24/2003CITY COUNCIL AGENDA City of Corpus Christi June 24, 2003 1:45 p.m. - Proclamation designating July 4, 2003 as "lsidro Lopez Day" Cl]'Y OF CORPUS CHRISTI, TEXAS REGUlaR. COUNCIL MEETING CITY HALL COUNCIL CHAMBERS 1201 LEOPARD JUNE 24, 2003 2:00 P.M. PUBLIC NOTICE- THE USE OFCELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided ~n opportunity to address the Council at approximately 5:30 p.m. of at the end of the Council Meet/rig, whichever is earlier, please speak into the microphone located at the podium and state your name and address. Your presentation will be limiteE 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 didgirse al Concilio y cree que su ingl&s es limitado, habr~ un int~rprete ingl~s-espa~ol es todas las 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. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B= Invocation to be given by Reverend Richard Peltz, Senior Minister - South Shore Christian Church. C. Pledge of Allegiance to the Flag to the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem Henry Garrett Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Manager George K. Nee Acting City Attorney R. Jay Reining __ City Secretary Armando Chapa __ 1. Approval of Regular Meeting of June 17, 2003. (Attachment # 1) Agenda -Regular Council Meeting 'ne 24,2003 dage 2 BOARDS & COMMITTEE APPOINTMENTS: (NONE) EXPLANATION OF COUNCIL ~CTION; For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances, ff deemed appropdate, 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 ~vo reading ordinances' 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. The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM THE PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion setting a Public Hearing on the Proposed FY2003-2004 Operating Budget during the Regular Council Meeting of July 8, 2003. (Attachment #2) Motion approving a supply agreement with B&G Chemicals & Equipment Co., Inc. of Houston, Texas for mosquito insecticide for an estimated annual expenditure of $304,944.75, of which $101,648.25 is for FY 2002-2003. The term of the supply agreement will be for twelve months with an option to extend the contract for up to two additional lwelve month pedods subject to the approval of the supplier and the City Manager or his designee. The insecticide will be used by the Vector Control CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end ofthe agenda summar~ Agenda Regular Council Meeting June 24,2003 Page 3 4.bo 7.b. Division of the Health Depertment. Funds have been budgeted by the Health Department iR FY2002-2003. (Attachment # 3) Resolution authorizing the execute Amendment No. 1 Library and Amhives Comrr to augment funds to purcha: and to continue operation (Attachment # 4) City Manager or his designee to to the contract with the Texas State ission for a grant increase of $5,114 ;e new computer, upgrade software, of the Inter-library Loan Center. Ordinance appropriating an additional $5,114 grant from the Texas State Library and Archives Commission in the No. 1050 Federal/State Grants Fund to augment funds to purchase new computer, upgrade software and operation of the Inter-Library Loan Center. (Attachment # 4) Ordinance appropriating $12,936.30 in the No. 4720 Community Enrichment Fund for Bay Jammin' Concerts and Multicultural Programming. (Attachment # 5) Motion authorizing the City Manager or his designee to execute Amendment No. 4 in an amount not to exceed $165,400 with Anderson Group Construction Management, Inc. of Corpus Chdsti, Texas to extend construction management, project liaison and inspection services for the Corpus Christi International Airport through November 2003. (Attachment # 6) Resolution authorizing the City Manager or his designee to accept $40,000 from the Corpus Chdsti Beach Association for the Corpus Chdsti Beach Boardwalk Project. (Attachment # 7) Ordinance appropriating $40,000 from the Corpus Christi Beach Association in the No. 1050 Federal/State Grants Fund for the Corpus Chdsti Beach Boardwalk Project. (Attachment # 7) Ordinance appropriating $75,000 in unappropriated interest earnings from the Water Capital Improvement Program Fund No. 4080 for engineering assistance to evaluate utility needs for development proposals submitted to the Corpus Chdsti Business and Job Development Corporation; amending Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $75,000. (Attachment # 8) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end ofthe agenda sumrnar~ Agenda -Regular Council Me~ing Jne 24, 2003 ~age 4 10. 11. 12. 13.a. Motion authorizing the City Mar~ager or his designee to execute and engineering services contract in an amount not to exceed $150,000 with MEI Govind, Inc. (~f Corpus Chdsti, Texas for utility service assessments to support Initiatives associated with Corpus Chdsti Economic and Job DevelOpment Board. (Attachment # 8) Resolution authorizing the City Manager or his designee, to execute and Advanced Funding Agreement with the Texas Department of Transportation for preliminary engineering and bddge construction associated with the following Bridge Replacement Projects: Wooldridge Road, Kingsbury Lane and Lexington Road. (Attachment # 9) Motion authorizing the City Manager or his designee to execute a construction contract with McAIlen Construction, Inc. of McAlien, Texas in the amount of $309,500 for the Kinney Street Storm Water Pump Stations. (Attachment # 10) Motion authorizing the City Manager or his designee to execute a contract to be activated only in the event of a hurricane or other disaster with Ash Britt Environmental of Pompano Beach, Florida in the amount of $1,151,892 for the Collection Characterization and Disposal of Hazardous Waste during Post Hurricane/ Disaster Recovery Operations. (Attachment# 11) Motion authorizing the City Manager or his designee to execute a contract to be activated only in the event of a hurricane or other disaster with D & J Enterprises, Inc. of Auburn, Alabama for Debris Management: Clearing, Removal and Disposal for Post Hurricane/Disaster Recovery Operations. (Attachment # 12) Ordinance appropriating $187,484 in unappropriated interest eamings from the Water Capital Improvement Program Fund No. 4081 (1994 Revenue Bond) for Park Road 22, 12" Waterline Relocation; amending Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $187,484. (Attachment # 13) Motion authorizing the City Manager or his designee to execute an emergency procurement with Berry Contracting, LP dba Bay Ltd. of Corpus Chdsti, Texas in the amount of $187,484 for the Park Road 22, 12" Waterline Relocation. (Attachment # 13) CITY COUNCIL PRIORITY ISSUES (Refer to legend at tile end of the agenda aurnrna~ Agenda Regular Council Meeting June 24,2003 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~ 14.a. 14.b. 15.a. 15.b. 16. 17. Motion approving the reim ONAC Developers, Inc., ow Unit 1 Subdivision, (who h~ street), for reimbursement c half street construction of by the development of Bor 3ursement application submitted by ~er and developer of Bordeaux Place is completed construction of the full developer's contribution for in lieu of rockhampton Street as was required :leaux Place Unit 1 Subdivision and approved by City Council Ordinance No. 024769 on February 19, 2002. (Attachment # 14) Ordinance appropriating $2,890 from the Infrastructure Fund, Brockhampton Street Subaccount No. 4730~21654-263037, to pay ONAC Developers, Inc. request for reimbursement in accordance with the Platting Ordinance, to fund construction of half street (with supporting public utility infrastructure) required by development of Bordeaux Place Unit I Subdivision, said construction having previously been deferred for cash in lieu of construction during platting. (Attachment# 14) Motion approving the reimbursement application submitted by Marsha Jill Kovar, owner and developer of Noakes Partition, Lot 3, Block 2 for the installation of 300 linear feet of a 8-inch PVC waterdistdbution main. (Attachment# 15) Ordinance appropriating $5,403 from the Water Arterial Transmission and Grid Main Trust Fund No. 4030-209010 to pay developer reimbursement request for the installation of 300 linear feet of a 8-inch PVC water distribution main to develop Noakes Partition, Lot 3, Block 2. (Attachment # 15) Motion authorizing the City Manager or his designee to execute Amendment No. 12 to the engineering services contract with Shiner, Moseley & Associates of Corpus Christi, Texas in the amount of $158,154 for the Seawall Reconstruction Project Major Storm Water Outfall Condition Assessment (Phase1). (Attachment # 16) Ordinance amending Section 9-37 of the Code of Ordinances relating to the consumption of alcoholic beverages upon the property of the Corpus Christi International Airport; providing for penalties. (Attachment# 17) Agenda _Regular Council Meeting Jne 24,2003 ~age 6 18. 19.a. 19.b. 20. Ordinance appropriating $11,4~7.84 in unappropriated interest earnings in Airport 1992 Capitall Improvement Program Fund No. 3023 for the Airport Terminal I~roject; amending FY 2002-2003 Capital Budget adopted by OrClinance No. 025144 to increase appropriations by $11,467.84. i(Attachment # 18) Motion authorizing the City Maneger or his designee to amend the FY 2001 Consolidated Annual Action Plan. (Attachment # 19) Motion authorizing the City Manager or his designee to execute an agreement with Ballet Nacional for improvements to the facility at 4411 Gollihar Road. (Attachment # 19) Second Reading Ordinance - AUthorizing the City Manager or his designee to amend an existing five-year lease with Texas A & M University Corpus Chdsti for the use of the area located adjacent to the northern most hobie cat !launching ramp on North Beach and the area located on the north side of Ocean Ddve right-of- way on Ward Island to extend the term of the lease to five years following the effective date of the lease and to include the use of a part of the area east of the public parking lot described as Padre Island - Corpus Chdsti, Section A, a subdivision of Padre Island, Nueces County, Texas as shown by map or plat thereof recorded in Volume 33, page 97, in consideration for the installation and operation of tWo CODAR Radio Towers and providing for the maintenance Of the premises. (First Reading - 05/27/03) (Attachment # 20) 21. U I HE GS: ZONING CASES; Case No. 0503-04. Flint Hills .Resources. L.P.: A change of zoning from a "R-lB" One-family Dwelling District and "A-l" Apartment House District to a "B-I" Neighborhood Business Distdct on Nueces Bay Heights, Block 22, Lots 1 through 20, located between Nueces Bay Boulevard and Floral Street and between Hulbirt and Noakes Streets. (Attachment # 21) Planning Commission and Staff's Recommendation: Denial of the "B-1" District, and in lieu thereof, approval of a Special Permit for a temporary off-street parking lot subject to a site plan and CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~ Agenda Regular Council Meeting June 24,2003 Page 7 22. for a temporary off-street [~arking lot subject to a site plan and seven (7) conditions. ~ Amending the zoning ordinance upon application by Flint Hills Resources, LP, by changipg the zoning map in reference to Nueces Bay Heights, Block 22, Lots 1 through 20, (currently zoned "R-lB" One-family Dwelling District and "A-1" Apartment House District) by granting !a special permit for a temporary off- street parking lot subject to a site plan and seven (7) conditions; amending the ComprehensiVe Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0503-05. Robert A, May: A change of zoning from a "A- l" Apartment House Distdct to a "B-4" General Business Distdct on Flour Bluff and Encinal Farm and Garden Tracts, being 1.435 acres out of Lot 12, Section 28, located east of Lexington Road and approximately 250 feet south of South Padre Island Drive. Planning Commission and Staff's Recommendation: Approval of a "B-4" General Business District. Amending the zoning ordinance upon application by Robert A. May by changing the zoning map in reference to 1.435 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lot 12, from "A-1" Apartment House District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end ofthe agenda summar,j Public comment will not be solicited on Presentation items. July 4th Big Bang Celebration (Attachment # 23) 24. Padre Island Desalination Plant Feasibility Analysis and Siting Plan - Stage 1 Findings and Recommendations (Attachment # 24) Agenda -r~egular Council Meeting ~ne 24,2003 Page 8 25. K. Report on 78th Texas Legislativ? Session. (Attachment # 25) SPECIAL BUDGET PRESENTATION: 26. Overview of Proposed FY2003-2(D04 Budgets for Enterprise Funds (Attachment # 26) Le REGULAR AGENDA 27. Resolution authorizing the City Mar~ager or his designee to execute an Inter-local Cooperation Agreemedt with Nueces and San Patdcio Counties to promote community dialogue on Regional Health Awareness. (Attachment #27) _CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES'~ PUBLIC COMMENT FROM THE AUDIENCE ON MATTI~RR NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT A I ELY 5: P.M. O T T E D COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASF 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 of other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree quesU ingl~s es limitado, hab~ un int&rprete ingl~s-espa~ol en la reunk~n de la.junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OP THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summar~ Agenda Regular Council Me~ing June 24,2003 Page 9 N. EXECUTIVE SESSION: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda sumrna~J 28. 29. PUBLIC NOTICE is given the executive session at any tim~ matters listed on the agenda, Open Meeting Act, Chapter 55 event the Council elects to agenda item, the section o~ authorizing the executive sas presiding office. 't the City Council may elect to go into dudng the meeting in order to discuss vhen authorized by the provisions of the I of the Texas Government Code. In the o into executive session regarding an sections of the Open Meetings Act sion will be publicly announced by the Executive session under,Texas Government Code Section 551.071 regarding City of S~n Benito v. PG&E Gas Transmission, Texas Corporation et al, Nor 96-12-7404-A, 107th District Court, Cameron County, Texas; the remaining related claims of the City of Corpus Christi; and similar claims of the City of Corpus Christi against other similar entities~ with possible discussion and action in open session. Executive session under ~exas Govemment Code Section 551.071 regarding Second Baptist Church of Corpus Christi v. City of Corpus Christi, No. 00-6895-A, 28"~ Distdct Court, Nueces Coun. ty, Texas, with possible discussion and action in open session. REPORTS: The following reports include. City policies or activities; reque. from Staff;, reports of activities c constituent concerns; current tc assignments; scheduling of futl other brief discussions regardi luestions by Council to Staff regarding ~ted by Council for information or reports f individual Council members and Staff,; oics raised by media; follow-up on Staff rre Council meetings and activities; and ~g city-related matters. 30. LEGISLATIVE UPDATE: Consideration of resolutionsland actions deemed appropriate by the City Council as to legis~lative issues before the 78th Texas Legislature. 31. CITY MANAGER'S REPORT * Upcoming Items 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES Airport / Seawall / Convonti0n ( ienter / Arena · Continue quarterly reporting p :ocess for these initiatives. '86 Bond ,Issue Improvements · Update status on Senior Centers. Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvemem on issues such as Leopard Street improvements. Privatizatlon / Re-En~ineerln~ · Clearly define "privatization" and "re-engineering." · Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. · Establish process to identify what services can and cannot be privatized. · Continue focus on park maintenance. Finange · Maintain the 5-year forecast model. * Review the August 1 budget adoption deadline. Crime Con~rol and Prevention · Continue implementation of~e Community Policing initiative. · Establish date for Crime Control and Prevention District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives~ Employee Health Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Economic Development Sales Tax · Establish election date. · Reconsider implementation plan for a Storm Water Utility. Pac~er~ Channel Continue quarterly reports on tile progress of the TIF and Beach Restoration Project. L#ndffil · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid ~vaste monagement system, including prlvatizafion. Internet · Continue regular updates and e~pansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate bnlsh pickup viale-mall. CDBG · Continue active role. Frost Ba k B lid' · Lease and complete renovation Annexation Pla,n * Lmplement current island annexation plan ADA Transition Pla~ · Develop and approve ADA Transition Plan within 90 days. Redistrictine · Develop Council-approved redistricting plan for the city of Corpus Christi Industrial District Contract · Review Industrial District contracts and determine date for approval Council Action Items · Staff completes action requests in a timely manner. City / County Health tssue~ · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services Marketing of CC Museum and Columbus Ships · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gul~s Economic Development Summit and Post-Summit Meetings Agnes~Laredo Corridor Marker (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/offmmps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item NEW PRIORITY INITIATIVES AND ISSUES City staff wtll develop and present to City Council action/implementation plans for the following priority Desalination Pilot Project *Code Enforcement in TraShy Neighborhoods *Employee Classification Study Ma ster Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements I Improve Permitting Process (online / customer service) Padre Island Development Plan Downtown / South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) * * Road Projects Southside Traffic Plan 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 17, 2003 - 2:00 p.m. PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Henry Garrett Council Members: Brent Chesney Javier D. Colmenero Melody Cooper Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott City Staff.' City Manager George K. Noe Acting City Attorney R. Jay Reining City Secretary Armando Chapa Recording Secretary Rebecca Huerta Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Neil Winchester, Youth Minister of the Corpus Christi Christian Fellowship, and the Pledge of Allogiance 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 deviated from the agenda to recognize the city's designation as an All-America City in a competition held in Washington, D.C. last week. Mayor Neal and City Manager Noe thanked everyone involved for their efforts. Mayor Neal called for approval of the minutes of the regular Council meeting of June 10, 2003. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to Item 2 and the following board appointments were made: Arts and Cultural Commission James Jones, Ph.D. (appointed) Lynda A.J. Jones (appointed) J. Don Luna (appointed) Kacie Sicilia (appointed) Mayor Neal called for consideration of the consent agenda (Items 3-10). There were no comments from the audience or from the Council. A motion was made and passed to approve Items 3 through 10, constituting the consemt agenda. City Secretary Chapa polled the Council for their votes and the following motions passed by the following vote: Neal, Chesney, Colmenero, Cooper, -1- Minutes - Regular Council Meetin~ June 17, 2003 - Page 2 Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 3. MOTION NO. 2003-211 Motion approving a supply Bid Invitation No. BI-0102- low bid, for an estimated am 2003. The term of the suppl for up to two additional tw~ agreement for 10,000 plastic recycling bins in accordance with )3 with SCL A-1 Plastics, LTD, of Brampton, Ontario based on ual expenditure of $36,500, of which, $6,083.34 is for FY2002- agreement shall be for twelve months with an option to extend ve-month per/ods, subject to the approval of the supplier and the City Manager or his deSignee. These bins will be furnished by Solid Waste Services for use in the City-wide Rec3~cling Program. Funds have been budgeted by Solid Waste Services for FY2002-2003.1 MOTION NO. 2003-212 Motion approving a supply agreement for Colilert with IDEXX Distribution, Inc., of Westbrook, Maine in accorIlance with Bid Invitation No. BI-0095-03 based on sole source for an estimated annual expenditure of $34,600, of which, $2,884 is for FY2002-2003. The term of the supply agreement shall 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 are budgeted in FY2002-2003 by the Health and Water Departments. 5. MOTION NO. 2003-213 Motion approving the lease purchase of an asphalt application vehicle from the Houston- Galveston Area Council of Governments (HGAC), for the total amount of $91,197 of which $1,610.08 is for FY2002-2003. The award is based on the Cooperative Purchasing Agreement with HGAC. This equipment will be used by the Street Services Department. Funds are available through the Maintenance Services Fund. This unit is a replacement upgrade to the fleet. 6. MOTION NO. 2003-214 Motion approving the purchase of one (1) trailer mounted vacuum machine from Equipment Southwest, Inc., of Irving, Texas for the total amount of $51,171. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The trailer mounted vacuum machine will be used by the Wastewater Department. This unit is an addition to the fleet. Funds have been budgeted in the Maintenance Services Fund in FY2002-2003. 7. MOTION NO. 2003-215 Motion approving the purchase of 13,050 feet of 16" wrapped steel pipe in accordance with Bid Invitation BI-0 I07-03 from Texas Pipe and Supply, of Corpus Christi, Texas, based on low bid for a total of $209,191.50. The pipe will be used by the Gas Department. Funds have been budgeted by the Gas Department in FY2002-2003. --2-- Minutes - Regular Council Meeting June 17, 2003 - Page 3 8. MOTION NO. 2003-216 Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $719,350 with A. Ortiz Construction and Paving, Inc. of Corpus Christi, Texas, for the Rolled Curb and Gutter Replacement and Sanitary Sewer Manhole Ring and Cover Adjustment FY2003 Re-Bid. 9. ORDINANCE NO. 025340! Ordinance appropriating a $107,252.19 insurance claim payment fi.om Omaha Property and Casualty in the Visitors Fac/lity Fund No. 4710 for the Convention Center Flood Damage Repairs; amending Ordinance No. 024974 which adopted the FY2002-2003 Operating Budget by increasing appropriations by $107,252.19. 10. ORDINANCE NO. 025341 Second Reading Ordinance - Authorizing the City Manager or his designee to execute a ten- year lease with Padre Little League, Inc., a non-profit corporation, for the use of Bill Witt Park and in consideration of Padre Little League, Inc. maintaining the premises and improvements. (First Reading - 5/13/03) Mayor Neal referred to the presentations on the day's agenda. The first presentation was regarding the City Council 2003-2004 Goals and Priorities. City Manager Noe provided updates and action plans for the new and continuing goals identified by the Council. Mr. Noe first discussed the eight continuing goals that the Council had identified last year and wanted to carry over to this year. The continuing goals were as follows: charter revisions; master drainage plan; legislative agenda; Garwood water; increased CVB funding; new funding/inner city improvements; Washy neighborhoods; and improved permitting process. He provided action plans for each item. Mr. Noe then turned to the new priority issues the Council had developed. The ten new priority issues were as follows: long-term revenue picture; Bond 2004; revitalize downtown/bayfront initiatives; skate park; long-term storm water funding; ADA compliance; Park Master Plan implementation; communication with other taxing entities (summits); revisit the sexually oriented business ordinance; and the call center for city services. He provided action plans for each item. He noted that staff's plan was to provide status reports on the implementation of the goals during the quarterly budget reporting process. Council Member Scott said that he continued to hear concerns about the One Stop Shop. He asked Mr. Noe when he anticipated that the new One Stop Shop would be running smoothly and efficiently. Mr. Noe replied that it would probably take three to six months to stabilize operations to the point where the Council would not receive so much negative feedback. However, he said that ultimately, this was a long-term commitment. Mr. Scott replied that he understood that some staff members were uncooperative and were proving to be an obstacle to development. He said this -3- Minutes - Regular Council Meetin~g June 17, 2003 - Page 4 situation frustrated him and he hoped it would be addressed. Council Member Kelly observed that charter amendment issues become more politicized the closer to the election. He recommended that staffbe expeditious when formulating the timeline for the charter amendments. Mr. Noe said that the discussion on the charter amendments was scheduled for next week. Council Member Colmener~ asked about the Neighborhood Initiatives program and the pilot program. He wanted to know whe~ staffplanned to introduce it to the rest of the neighborhoods. Mr. Noe replied that staff was ~till evaluating the first pilot program, and would provide recommendations with the implementation of the budget. Mayor Neal commented that the Council was often criticized because they did not seem to have a plan. He emphasized that the Council had just outlined a plan of action for the next two years and beyond. The Council's priorities were outlined in the agenda and on the city's website, and they were identified during the Council retreat. He stressed that the priorities were driven by the Council, not by staff. He asked Mr. Noe to keep the priorities in the forefi'ont, along with the status reports, so the public would be able to track the city's progress. Council Member Noyola added that he had identified drainage improvements to the Surmybrook and Manshiem area as one of his priorities. Assistant City Manager Massey said that the meeting was scheduled on Thursday, June 26 fi'om 6:30 p.m. to 7:30 p.m. at South Park Middle School. Mr. Angel Escobar, City Engineer, added that a mailout was being sent out to residents in the general area. The next presentation on the agenda was a quarterly update on the city's re-engineering efforts. Assistant City Manager R0n Massey reported that during the last six months, two new job positions had been created for Water Production and Wastewater Treatment, the planner/scheduler and the coordinator. He reported that skill-based pay tracks were being developed for Water Production and Wastewater Treatment initially. He said that the MAXIMO sofhvare and the PeopleSoft system were being integrated to support skill-based pay. Regarding costs, Mr. Massey reported that the Water department had reduced controllable costs to 1995 levels. He noted that they had achieved these savings despite the fact that labor costs had decreased, but chemical and power costs had increased. In addition, he reported that the Wastewater Plants and major maintenance costs were also at 1995 levels. Mr. Massey stated that the airport was now using the MAXIMO system to manage their maintenance. He said that the re-engineering concepts were also being introduced to water distribution, wastewater collection, storm water and gas departments. He said that new organizational structures, planning and scheduling functions were being implemented into these departments. Mr. Massey reported on current activities in the re-engineering process, primarily consisting of introducing the new technology ~o gas, water distribution, wastewater collection and storm water. He said that the planners/schedulers have begun training on the MAXIMO system. He also said that staffwas working on integrating the MAXIMO s_~s_tem with GIS. This integration would allow the Minutes - Regular Council Meeting June 17, 2003 - Page 5 call center and dispatchers to have access to information on any of the systems, keeping them informed on the status of all work Orders. He said that staff was testing call management screens for the dispatchers and the call celater. Mr. Massey said that the vision was for the integrated management of service, maintenance and assets. He added that the goal was for the customer call center to have interact access to the various databases, including SCADA, MAXIMO, GIS and PeopleSoft, to improve customer s~rvice. For the remaining months ~)f this fiscal year, Mr. Massey reported that the goal was to complete implementation of the re-engineering effort in Storm Water, Gas, Water Distribution and Wastewater Collection. He said that staff was also endeavoring to train other departments that request utility work, such as the Utility Business Office and restaurant inspectors, on the use of the MAXIMO system. He explained that other departments generate work orders in a different system then must be transferred to the system the public works department uses. He added that staff was working on expanding PeopleSoft integration to include warehouse inventory. In conclusion, Mr. Massey stated that within the next 24 months, re-engineering would be introduced to the Street department, Park operations, solid waste collections, call center, facility maintenance, and integration with utility SCADA. He added that staff would also be evaluating the re-engineering effort to see if it would be beneficial to other departments. Mayor Neal asked Mr. Massey if the implementation of the re-engineering effort was on schedule. Mr. Massey replied affirmatively, saying that each phase of the implementation was taking approximately six months. Mayor Neal referred to the special budget presentation item on the agenda. Mr. Mark McDaniel, Executive Director for Support Services, reported on the general fund budget and the general fund re-forecast. He noted that the model was changing weekly as staff met with the Council Audit Committee and looked at different ways to present the data. Thus, the model being presented today was slightly dated, but he felt that it still provided a good picture of the impact of this year's budget. Mr. McDaniel reviewed the various financial forecast assumptions for revenues and expenditures. He then presented the updated five-year financial forecast. He stated that staff had made adjustments to revenues and ~xpenditures to make the budget balance for this fiscal year. In May 2003, for example, the adjustment to balance current year revenues to expenditures was estimated at $2 to $3 million. Now, Mr. McDaniel said that the amount was zero. This reduction compounded the forecasted adjustment for FY 2007-08, reducing it from approximately $12 million to $5.4 million. He concluded that the final impact of this year's budget was $7 million over five years. Mr. McDaniel turned to general fund revenues. Regarding property taxes, he reported that staffhadjust received the preliminary roll from the Nueces County Tax Appraisal District, showing a 4.7% growth rate. Staff had previously estimated a 3% growth rate. Mr. McDaniel said that this resulted in an additional $647,000 in the general fund that was not currently shown in the budget. He emphasized that this was the preliminary roll, and that the certified roll would not be received Minutes - Regular Council Meetin~ June 17, 2003 - Page 6 until the end of July. At new values, Mr. McDaniel stated that one cent would generate $838,375. On sales tax revenue, Mr. iMcDanlel stated that staff was proposing $34.5 million. He reported that overall, year-to-date an estimated deficit of $250,000. Iq be made up by the end of the year. overall actual growth of 2% for thi staffhad budgeted for 3% for next f an upswing. In response to Mr. Coh taking the $647,000 in additional p~ decrease in sales tax revenue to bal tmounts were down by $425,000, while staffhad budgeted for e maintained that there was a possibility that this amount would If the deficit remained at $425,000, he said this would result in s year versus the 3.5% that staff had budgeted. He added that scal year, which could be optimistic unless the economy makes aenero's question, Mr. McDaniel said that staff was considering operty tax revenue and using those funds to compensate for the ance the projections. Mr. McDaniel discussed so~id waste revenues for the proposed budget for FY 2003-04. He stated that the revenues were being estimated at just less than 1999 levels. Staff was also recommending a ten-cent adjustment on the 911 wireline fees for call takers. He said that the 50- cent rate compared favorably with Other home rule cities that ran their own programs. He said that staff was proposing to take the additional revenues from the increase and put them toward additional call center personnel and skill-based pay. Council Member Garrett asked if the monies were going toward new positions or existing vacancies. Mr. McDaniel answered that there were no vacancies reported in the call center as of last week. Mr. McDaniel discussed prOposed increases to parking meter rates. He said that the current maximum rate per two hours is 50 cents, and staffwas proposing an increase of 75 cents. He said the increase would be phased in and the projected increase in revenues the first year was estimated to be $50,000. He explained that the $50,000 in new revenue would be applied toward downtown initiatives. Regarding fee adjustments to revenues, Mr. McDaniel outlined changes to municipal court, park and recreation, health fee adjustments and permits and licenses. Turning to general fund expenditures, Mr. McDaniel discussed budget reductions due to the elimination of layers and re-engineering. In total, approximately 46 positions were eliminated for : <' ' ix~z s~£ !.2 in,Ilion. Hc ~;a~c,l ~h~*. t~s amount went the furthest toward balancing the budget tins year. For FY 2003-04, staffwas budgeting slightly less in salary savings, $1.3 million. He described the major general fund expenditures for this year, including salary adjustments for the compensation plan; new programs or program enhancements, such as the Livable Neighborhood Initiative and downtown initiatives. In summary, Mr. McDaniel stated that the proposed decrease in the general fund for this year was $1,184,647. Staff did not program a tax increase. In addition, 46 positions were being eliminated and Phase II of the Compensation Plan was to be implemented. Finally, Mr. McDaniel stated that the new programs proposed for this year were being primarily supported by revenue offsets. Council Member Garrett asked about positions to be eliminated in Municipal Court. He asked if the new Environmental Court would have a positive effect on these positions. Mr. McDaniel said no, because the volume on collections had fallen off, in part because of changes in the law. He said he was not sure ifflae volume would ever return to its previous highs. He said that --6-- Minutes - Regular Council Meeting June 17, 2003 - Page 7 he advised Rene Mendiola, Director of Municipal Courts, that since the volume was not there, the positions were not needed at this time. However, he added that the new Environmental Court would be adding four positions, so the net gain would be two positions for Municipal Court. Council Member Noyola asked if there was still a backlog in cases at Municipal Court. Mr. McDaniel said there was still a backlog because there had been a problem in terms of the law for collecting an additional 30 percent [or a ticket that had been passed on to the collection agency. He said that Mr. Mendiola was aggressively trying to reduce the backlog and if it was reduced, then the eliminated positions could be restoi'ed. Regarding the historical unreserved fund balance, Mr. McDaniel said that the fund balance in 2003 was estimated to be $11. l million, compared to only $1.1 million in 1999. He stressed the increase was a tremendous achievement. City Manager Noe added that this was achieved despite the expenditures to cover damages from the tornado as well as other unanticipated expenses. Finally, regarding the third quarter financial report for FY 2002-03, Mr. McDaniel said that staffthoroughly reviewed the report to see if there were any significant variances from the budget document in terms of projections for year-end estimates in FY 2002-03, and none were found. Mayor Neal asked for a status on the city's franchise agreement with AEP. City Manager Noe responded that a draft had been sent to AEP a month ago and staff was waiting for a response. Mr. Noe added that unfortunately, AEP has not been willing to consider any change in the formula or format for payment of franchises, opting to remain with the statutory revisions. Staff has offered them an incentive to change the base year in exchange for a longer term on their franchise. In response to Mayor Neal's question, Mr. Noe replied that the city has been renewing on a month-to- month basis since the franchise expired in October 2002. Mayor Neal asked if the budget projections for franchise fees for electric were based on statutory provisions. Mr. McDaniel replied affirmatively, saying the amount was a quarter of 1 percent. Mayor Neal asked when staff anticipated resolving the matter. City Manager Noe said that the city was willing to look at a five- year agreement as part of its base option. In response to Council Member Scott's question, Mr. McDaniel confirmed that the city was spending more on Police/Fire/EMS ($75 million) than it was generating in sales tax and ad valorem taxes ($74 million). Council Member Scott asked about raising the 911 wireline fees by 20 cents instead of 10 cents and applying the additional monies to salaries for the call takers, with the goal of improving retention of employees. Mr. McDaniel answered that staff had initially submitted a proposal for a higher increase, but his concern at the time was that there were positions that they were not able to fill. He acknowledged that this situation has changed and there were no current vacancies, but he said staff would still like to try the skill-based pay program to see if it would improve retention. Council Member Garrett asked what the turnover rate was for dispatchers. Mr. McDaniel said that he did not know the exact number, but that it was very high. He said that Commander Brian Uhler has been working on improving the situation for dispatchers. Commander Uhler said that part of the problem in retaining dispatchers was that the learning curve for a new dispatcher was typically a year. The systems were very complex and the dispatchers' jobs have grown due to the development of Metrocall. Mayor Neal asked why the city did not outsource the dispatcher training to Del Mar College. Commander Uhler answered that was a good option to explore because the department used many of its resources in training. He said that the 911 service --7-- Minutes - Regular Council Meetin~ June 17, 2003 - Page 8 Fees were directly connected to theidepartment's flexibility to develop other options. City Manager Noe added that he has had discussions with Dr. Valadez at Del Mar College on finding ways to maximize programs through coop6rative efforts. Council Member Garrett Commander Uhler replied affirmati to the total workload. However, he Member Garrett remarked that department. Commander Uhler r sked Commander Uhler if his department was shorthanded. rely, saying that the development of Metrocomm has added 22% said that staffing levels have not increased at that level. Council Ir. McDaniel had said that there were no vacancies in this ~onded that there were no vacancies but some of the positions were lost with changes in the Crime. Control District budget. Council Member Noyola asked for the total amount of money spent on ov, :rtime pay. Commander Uhler said it was equivalent to the pay for seven full-time employees. ~,ouncil Member Noyola said that if that was the case, new employees should be hired because the current employees would suffer fi.om fatigue. Council Member Garrett also said that he ~as concerned that the dispatchers would fatigue if they worked such long hours. Mr. McDaniel stated that four new positions were going to be added to the budget, and staff was experimenting with the skill-based pay to see if it would make a difference. City Manager added that up until recently, staff has had some difficulty retaining dispatchers so it was difficult to rationalize adding employees at that time. Council Member Garrett asked if the reinspection fees proposed for the health department were common. Mr. McDaniel replied affirmatively. He also asked if the proposed increases in the parking meter rates would apply across the city. Mr. McDaniel said that there were four different rate structures that would be implemented in different areas, to be phased in over time. Mayor Neal opened discussion on Item 14 regarding the proposed Crime Control and Prevention District budget. Mayor Neal remarked that the Council had reviewed the budget in detail at a prior meeting. Commander Bryan Smith briefly remarked on the highlights of the budget. Council Member Chesney suggested that Police Chief Pete Alvarez be present in the furore to answer questions on the budget. There were no comments fi.om the audience. City Secretary Chapa polled the Council for their votes, and the following resolution passed with the following vote: Neal, Chesney, Colmenero, Garret-t, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Cooper was absent. 14. RESOLUTION NO. 0253z}2 Resolution approving the proposed Crime Control and Prevention District FY2003-2004 Budget. Mayor Neal opened discussion on item 15 regarding the Commercial Revitalization Local Strategic Plan for 2003-2009. Mr. McDaniel said that since the city entered the Renewal Community program for the first time last year, staff only made a one-year strategic plan because they wanted to gain experience with the program. Now, he said that staffwas proposing a strategic plan that would run through the balance of the allocation period. He provided background on the Renewal Communities and presented the selection criteria. He commented that Corpus Christi was the only urban renewal community in Texas. --8-- Minutes - Regular Council Meeting June 17, 2003 ~ Page 9 Under the types of renewal community tax incentives, Mr. McDaniel highlighted the commercial revitalization deduction (CRD) since this was the type of deduction the Council approved last year. He said that Renewal Communities can allocate $12 million a year through December 2009. He added that last year, the city was able to aggregate with El Paso to receive a larger allocation, but he said this was no longer allowed. He said that each individual project can receive a maximum of$10 million in tax credits. Regarding new IRS rules and procedures, he said that unawarded allocations canno~ be carried forward to the next calendar year. He said that applicants are required to incur 10% of their final basis within six months of the date of certification or by the end of the calendar yea! in which the allocation was made, whichever is later. The allocations can only be reallocated within the same year of the initial allocation. He said that he and Patty Garcia of the Economic Development Office have been working on a scoring and rating matrix to allow them to better evaluate the potential success of the projects. Mr. McDaniel reported that there were three types of allocations: allocations for buildings placed in service in the allocation year, a "binding commitment" and a "carryover allocation". He said the "binding commitment" would allow the Council to make an allocation of a specified dollar amount over a number of years. Mr. McDaniel presented the recommended changes to the local strategic plan. First, staff was recommending that the allocation process stay open throughout the year, providing nominations on a quarterly basis for consideration. Second, only the projects meeting the guidelines and providing the documentation would be considered, bringing the new evaluation process into play. He commented that last year, there were more allocations than there were projects, so staff was not as critical of the projects. However, with a reduced allocation of $12 million, staffwould need to become much more rigorous in their analysis. Third, he said that the City Council could enter into a binding commitment to make an allocation from future allocations. Finally, he reiterated that no aggregation funds would be available. He provided a timeline for the 2003 CRD allocations. Mayor Neal referred to the list of projects approved last year. He commented that it appeared that only a fraction of the $17 million distributed last year was actually being used. Mr. McDaniel and Ms. Garcia provided more information on the projects. Mayor Neal commented that he hoped that staff would be very critical of the proposed projects because he would not want to allocate monies to a project that did not have a good chance of success. City Manager Noe replied that last year, because of the aggregation with E1 Paso, there more allocations than there were projects, so staff was not as critical. He stressed that this would not be the case next year, and staff would scrutinize the projects more carefully. Council Member Colmenero expressed the same concern about the projects, especially item 16, the Orion Hotels project. He said this project was one of the main reasons the Renewal Community incentives were put in place. Council Member Scott asked by what date the projects had to be completed. Ms. Garcia replied that the applicants were required to incur 10% of their final basis within six months of the date of certification or by the end of the calendar year in which the allocation was made, whichever was later. The project needed to be in service by the end of the second calendar year of the allocation. She added that allocations made in 2002 have received an extension from the 1RS which will allow them until December 2003 to meet the 10% rule, but must place their project in service by December 31, 2004. Council Member Noyola also expressed concern about the Orion Hotels project. Mr. McDaniel said that staff had heard fi'om the investor --9-- Minutes - Regular Council Meeting June 17, 2003 - Page 10 today, saying that he still expressed interest in the project. Mayor Neal asked for pul expressed concern that one of the a received allocations. He stressed City Secretary Chapa polled the C the following vote: Neal, Chesney, ,lic comment on this item. Mr. Abel Alonzo, 1701 Thames, >plicants had canceled two proposed projects for which she had he need for a policy to be in place to prevent this in the future. >uncil for their votes, and the following resolution passed with Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 15. RESOLUTION NO. 0253~3 Resolution adopting the City of Corpus Christi Commercial Revitalization Local Strategic Plan for 2003-2009. Mayor Neal announced the/executive sessions, which were listed on the agenda as follows: 16. Executive session under T~xas Government Code Section 551.071 to receive legal advice relating to the administration of the City's group health insurance plan, including a potential claim against the City's stop loss carder, with possible discussion and action in open session. 17. Executive session under Texas Government Code Section 551.071 regarding CCMCA, Inc. a Texas Corporation, 'es. City of Corpus Christi, Case No. C-03-170, in the United States District Court for the Southem District of Texas, Corpus Christi Division, with possible discussion and action in open session. 18. Executive session under Texas Government Code Section 551.071 regarding AVE, Inc. vs. City of Corpus Christi and Peter Alvarez, in his official capacity as Chief of the Corpus Christi Police Department, Case No. C-03-216, in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. The Council returned from executive session. Mayor Neal called for the City Manager's report. City Manager Noe reported on a proposed transaction for a gas commodities exchange. He said a desalination update, a Fourth of July celebration update, and two zoning cases were scheduled for next week's meeting. Mayor Neal commented that he had received a letter from Sen. Hinojosa congratulating the city for being named an All-America City, and announcing his plans to sponsor a senate resolution to recognize the city statewide. Mayor Neal called for Council concerns and reports. Council Member Bill Kelly provided an update on the Pony League the Council had sponsored in conjunction with the Police Athletic League. He said the inaugural season was a great success, and -10- Minutes - Regular Council Meetitlg June 17, 2003 - Page 11 the program was expanding for next year to include a sports complex. He also spoke regarding the Sea City Work Camp, a program in which youth groups renovate and repair homes. He said that the kids were doing a great job, and it was another example of the good things happening in the city. Council Member Noyola asked staffto post the Sunnybrook/Manshiem meeting to be held on Thursday, June 26 at South Park Middle School fi.om 6:30 p.m. to 7:30 p.m., so that the rest of the Council could attend if they lilqed. He congratulated Marion Luna Brem for being selected as one of the Top 100 Latinas by Hi~spanic Magazine. He reported that he had spoken with Herb Canales, Director of Libraries, about the possibility of renaming the Central Library in honor of Dr. Cleo Garcia. He congratulated staff, Mayor Neal, Mark Scott and Rex Kinnison for their efforts in the city's win as an All-America City. Council Member Scott asked City Manager Noe if he had a date yet for the groudbreaking for the Packe~T Channel project. City Manager Noe said no, but that he would ask Tom Utter for more information. Council Member Scott said that he had spoken with Senator Hutchison, who was enthusiastic and seemed anxious to move the project forward. Mr. Scott asked staff to look into Homeland Security funds that were specifically allocated for cities. Mr. Scott also asked about the C-Sculptures event, asking which entity was responsible for cleaning up trash. Acting City Attorney Reining said that the county was responsible. Mr. Scott asked if the city had expended resources to pick up trash. City Manager Noe said that the event was responsible for their own costs. Mr. Scott also asked if there was any litter enforcement. City Manager Noe said that police officers are on duty to enforce litter laws. Finally, Mr. Scott said it was a pleasure to travel to Washington, D.C. for the Ail-America Cities competition, saying the city had one of the best stories to tell. Council Member Garrett asked about a recent letter to the editor about a family pet that was scheduled to be released fi.om quarantine but instead was euthanized by Animal Control. He stressed that he did never wanted to see this happen again, and he asked Mr. Noe to look into the matter. He also asked for more information on the recent theft of insurance papers containing police officers's personal information. City Manager Noe said that he had only been advised about the incident today, and asked for more time to investigate the matter. Council Member Scott congratulated the participants for their victory in the All-America Cities competition. She asked staff to investigate a constituent concern fi.om Ms. Mona Poe regarding the utility department. She asked if it was the city's policy that ifa meter reader could not read the meter if it was in bad condition, the resident was responsible for informing the utility department for repair. Council Member Kinnison replied that he knew that staff had already addressed Mrs. Poe's concern, saying the problem was that the meter reader misread the meter. Ms. Cooper still wanted to know what the policy was. City Manager Noe said that staff would forward a response in writing. Finally, Ms. Cooper announced that the next town hall meeting would be held at the Ethel Eyerly Center on July 14, chaired by Council Member Scott. Council Member Colmenero also expressed concern about the animal control case Mr. Garrett had discussed earlier. Regarding the solid waste department, Mr. Colmenero asked if staff would be looking at the landfill issue specifically in the budget process. City Manager Noe said that he should be receiving a report within the next 30 to 60 days on staff's recommendation on the landfill. Finally, Mr. Colmenero asked for a status on the Home Road project. Mr. Angel Escobar, -Il- Minutes - Regular Council Meetin~g June 17, 2003 - Page 12 City Engineer, said that within the next three weeks, staff will have a neighborhood meeting to address residents's concerns. Mayor Neal called for pet: tions from the audience. Mr. Larry Young, President of the Corpus Christi Police Officers As 5ociation, expressed his concern about the burglary to a city employee's vehicle resulting in the theft of insurance enrollment documents for police officers and their dependents. He thought that ae city needed to have a policy in place to deal with these types of incidents. City Manager Noe sai, ~ that since he had been out-of-town, he had only recently been notified about the incident, and re~ aested more time to investigate. He said he would provide the Council a report in writing. Ms. Priscilla Leal, 4738 ClJeryl, spoke regarding the June 26 meeting to discuss drainage issues in the Sunnybrook/Manshietn area. She expressed concern that the meeting would not be long enough to address their concelns and asked whether the residents would be notified. Council Member Noyola said that the Council and staffwould stay as long as needed and said that a memo would be sent to the residents. Mrl Roland Garza, 2854 Alvin, also spoke regarding the drainage issues in the Sunnybrook/Manshiem area. Mr. Jerry Garcia spoke regarding the Southside Pony League, 3801 Gollihar. He said that he had spoken with City Manager Bloc and Dan Whitworth, Director of Park and Recreation, and was satisfied with their comments. Council Member Chesney asked for information on the issues at stake. City Manager Noe replied that the city's relationship with the Southside Pony League was landlord/tenant only. He said that staff was investigating whether the league had the authority to ban individuals from the facility. Finally, Mr. Noe said the city had offered assistance with mediation of the dispute. The following individuals also spoke regarding the Southside Pony League: Ms. Cynthia Perez, 4901 Cheryl; Ms. Kathy O'Neill, 1545 Melbourne; Ms. Cindy Acuna, 5833 Kane; Mr. Ray Gomez, 3106 Chinaberry; Ms. Yvonne Galan, 1602 Kimona; and several unidentified individuals. Mr. J.E. O'Brien, 4130 Pompano, spoke regarding the city's lack of an internal auditor; a workshop in lieu of the long discussion on health insurance at last week's Council meeting; and funding for the police and fire budget. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 6:15 p.m. on June 17, 2003. -12- 2 CITY COUNCIL -'NDA MEMORANDUM June 24, 2003 AGENDA ITEM: Motion setting a Public Hearing off the Proposed FY 2003-04 Operating Budget during the Regular Council Meeting of July 8, 2003 ISSUE: The Texas Local Government Code requires that a municipality hold a public hearing on the proposed operating budget. Staff is recommending that the hearing be set for the Regular Council Meeting of July 8, 2003. REQUIRED COUNCIL ACTION: Set a public hearing on the Proposed FY2003-04 Budget for July 8, 2003. Cindy O'Brie~ Acting Director of Management and Budget -15- 3 AGENDA MEMORANDUM RECOMMEDATION: Motio9 approving a supply agreement with B&G Chemicals & Equipment Co., Inc., Houston, Texas for mosquito insecticide for an estimated annual expenditure of $304,944.75, of Which $101,648.25 is for FY02-03. The term of the supply agreement will be for twelve months with an option to extend the contract for up to two additional twelve month periods s~bject to the approval of the supplier and the City Manager or his designee. The insecticide will be used by the Vector Control Division of the Health Department. Funds have been bud Purpose: Mos~ tester condi ;eted by the Health Department in FY02-03. uito samples collected in two separate areas of the city have positive for the West Nile virus. Last year, under similar :ions, these chemicals proved to be very effective in controlling the mosquito population throughout the City and a supply agreement will provide the Health Department with a readily available source of the insecticide. Award Basis: This contract is exempt from the competitive bidding statutes as procurement necessary to preserve or protect the public health or safety of the municipality' s residents. Funding: Health Department 1020-12600-510100 1020~12680-510100 1020-12670-520030 $50,000.00 35,000.00 16,648.25 Total $101,648.25 "~ Michael Bhrrera, C.P."M Procurement & Gener Services Manager VECTOR CONTROL CHEMICALS BID INVITATION NO.: BI-0130-03 BUYER: MICHAEL. BARRERA 6/18/2003 CHEMICAL SCOURGE INSECTICIDE-55 GALLON DRUM BVA 13 DILUENT- 55 GALLON DRUM TOTAL CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION QTY. f UNIT I UNIT PRICE $18,624.65 B&G CHEMICALS & EQUIPMENT CO., INC. HOUSTON, TEX 15 DRUM 150 DRUM $170.50 TOTALPRICE $279,369.75 $25,575.00 $304,944.75 -20- 4 GENDAMEMORANDUM DATE: June 24, 2003 SUBJECT: Corpus Christi Public Library Interlibrary Loan Amendment to contract #771-03040 for state fiscal year 20(~2-2003 AGENDA ITEMS: a.) Motion authorizing the City Ma increase in the amount of$5,11, Archives Commission to augme upgraded software and to contin b.) Ordinance appropriating an addi ~ager or his designee to accept an amendment for a grant to contract #771-03040 with the Texas State Library and nt funds to allow for the purchase ora new computer, ae day-to-day operations of the Interlibraly Loan Center. Iional $5,114 in an amendment to contract #771-03040 from the Texas State Library and Arc dves Commission in the no. 1050 Federal/State grants fund for the augmenting of funds to allow for the purchase of a new computer, upgraded software and to continue day-to-day operations in the Interlibrary Loan Center. ISSUE: The Texas State Library and Archives Commission designates and funds ten regional Interlibrary Loan Centers in Texas each fiscal year. Corpus Christi Public Library has been the lnterlibrary Loan Center for the South Texas Library System since 1971-72 and continues to be so designated in the state fiscal year 20132-2003. Each of these Interlibrary Loan Cen~ers (ILC) provides interlibrary loan and referral services for any public, special or academic library in the ILC's geographic service area which is designated by the Texas State Library and Archives Commission. 1LCs promote and facilitate the lending and borrowing of library materials among libraries through Texas and the United States. PREVIOUS COUNCIL ACTION: Contract #771-03040 was originally approved by Council on August 27, 2002. Authorized M2002-275. REQUIRED COUNCIL ACTION: Contracts in excess of $15,000 and appropriation of funds require City County Approval. RECOMMENDATIONS: Staff recommends acceptance of gramt and appropriation of funds. Herb Canales Director of Libraries -23- RESOLUTION AUTHORIZING THE Cl DESIGNEE, TO EXECU THE TEXAS STATE LIE GRANT INCREASE OF NEW COMPUTER, UF OPERATIONS OF THE BE IT RESOLVED BY THE CIT TEXAS; SECTION 1. That the City Man execute Amendment One to Co T¥ MANAGER, OR THE CITY MANAGER'S TE AMENDMENT ONE TO CONTRACT WITH iRARY AND ARCHIVES COMMISSION FOR A $5,114 TO AUGMENT FUNDS TO PURCHASE GRADE SOFTWARE, AND TO CONTINUE ~ITERLIBRARY LOAN CENTER ¥ COUNCIL OF THE CITY OF CORPUS CHRISTI, ~ger, or the City Manager's designee, is authorized to ltract 771-03040 with the Texas State Library and Archives Commission for a grant increase of $5,114 to augment funds to purchase new computer, upgrade software, add to continue operations of the Interlibrary Loan Center. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: June 12, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar j/) Assistant City Attorney for City Attorney -24- ORDINANCE APPROPRIATING Al TEXAS STATE LIB~ NO. 1050 FEDERAl FUNDS TO PUR( SOFTVVARE, AND O AND DECLARING A~ )DITIONAL $5,114.00 GRANT FROM THE ~RY AND ARCHIVES COMMISSlONIN THE ./STATE GRANTS FUND TO AUGMENT :HASE NEW COMPUTER, UPGRADE PERATEINTERLIBRARY LOAN CENTER; IEMERGENCY. BE IT ORDAINED BY TI-~E CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: ~ SECTION 1. That $5,114 ad~ditional grant from the Texas State Library and Archives Commission is appropriated in the No. 1050 Federal/State Grants Fund to augment funds to purchase new computer, upgrade software, and continue operations of Interlibrary Loa~n Center. SECTION 2: That upon wri~en 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED: June 12, 2003 Assistant City Attorney For City Attorney -25- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: __6-24-03 AGENDA ITEM: Ordinance appropriating $12,93, Bayjamin' Concerts and Multic ISSUE: The Cultural Services Tr During last fiscal years budget p 2003. With additional donations those funds now. 3.30 in the No. 4720 Community Enrichment Fund for ultural Programming; and Declaring an Emergency. Jst Fund receives donations for program enhancements. rocess available funds were appropriated for FY 2002- received since that time, it is necessary to appropriate REQUIRED COUNCIL ACTION:lCouncil action is required to authorize the City Manager or his designee to appropriate th~se funds. FUNDING: Funds are raised annually through sponsors and donations. CONCLUSION AND RECOMMENDATION: Staff recommends that the Council pass an ordinance authorizing the City Manager or his designee to appropriate funds. Daniel L. Whitworth Director, Park and Recreation AGENDA MEMORANDUM AdditiTnal Background Information Background A trust fund was set up to raise a Annually an amount is used to st, year all remaining funds will be u :lditional funds for Cultural Services programs. tge Bayjammin and other Cultural Programs. This ~ed. -30- ORDINANCE APPROPRIATING $12i936.30 IN THE NO. ENRICHMENT FUND FOR BAYJAMMIN MULTICULTURAL PROGRAMMING; AND EMERGENCY 4720 COMMUNITY CONCERTS AND DECLARING AN BE IT ORDAINED BY THE CITT COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $12,936.30 ~ approprated in the No. 4720 Community Enrichment Fund for Bayjammin concerts artd multicultural programming. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finUs and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the __ day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Ci~ Secretary APPROVED: This 18th day of June, 2003: R.,zr'ay ~einin~;l,/ Acting City Attorney Samuel L. Neal, Jr. Mayor R32733A2.doc -31- 6 AGENDA MEMORANDUM June 24, 2003 SUBJECT: Corpus Christi Intemational Airport Terminal Construction AGENDA ITEM: I Motion authorizing the City Managel, or his designee, to execute Amendment No. 4 in an amount not to exceed $165,400.00 v~ith Anderson Group Construction Management, Inc., of Corpus Christi to extend construction management, project liaison and inspection services for the Corpus Christi International Airport through November 2003. ISSUE: Amendment of the contract is necessary to continue construction management/inspection services until completion of construction dudrlg November 2003. FUNDING: Funding is available in the Airport Capital Projects Fund and Passenger Facility Charges. RECOMMENDATION: Approval of the Motion as presented. Dave Hamdck A~,j~I ~. Escobar, P. E. Director of Aviation Director of Engineering Services ADDITIONAL SUPPORT MATERIAl_ Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Prior Council Actions Site Map Contract Summaries H:\USERS\SHARED\COUNCIL~003 AGENDA ~TEMS\062403 MEMO AMEND #4 $165,400 ANDERSON GROUP,doc -35- BAC~KGROUND INFORMATION ADDITIONAL INFORMATION: Contract Management: Ande performed project managemen Christi International Airport (CCI the Terminal Apron Project - Phi Parking Lot Improvement and E; project management, project li~ through November 2003 for the.~ construction management for tt Transportation Security Adminis (FIS) to allow for international fli 'son Construction Management Group (AGCM) has , project liaison, and inspection services for Corpus ~,) since November 2000. They are actively managing se 2, Entrance Roadway Reconstruction - Phase 1, the :pansion Project and Terminal Project. The contract for dson, and inspection services needs to be extended e projects. This amendment will allow them to continue e build-out of the new portion of the terminal for the lration (TSA) lease and the Federal Inspection Station hts. The original contract provided ~0 hours of inspection services for 24 months for the Terminal Building. In October :~001, Amendment No. 3 provided for full time services with additional support personnel due to the importance and complexity of the multiple projects under construction. Ac~ditional projects included Terminal Apron Construction Phase 1, Terminal Apron Cor~struction Phase 2, Loop Roadway, and Parking Lot Improvements. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Council has taken numerous actions associated with this project. Thb more significant are attached. See Exhibit B. FUTURE COUNCIL ACTIONS: Approval of any change orders in excess of $25,000 that may be necessary during the project. FUNDING: Funding is available in the Airport Capital Projects Fund. BOARD/COMMITTEE REVIEW: The contract amendment for construction management, project liaison and inspection services were reviewed by the Airport Advisory Board. The Board recommends approval of the amendment. Exhibit A Page 1 of 1 -36- ~RIOR COUNCIL ACTIONS Au,qust 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CClA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CClA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering servi(Fes with M. Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CClA Terminal Building. (M99-105) / July 20, 1999 - Adoption of Fy99-00 Capital Budget and 2000-2004 ClP Guide which included Airport Project No. 1, Terminal Building Reconstruction, Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - ApprovAl of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion tg authorize City Manager to execute Amendment No. 1 to the architectural/engineering servides contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to ~he airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M20(D0-66) May 23, 2000 - Motion auth(~rizing the City Manager to execute Amendment No. 2 to the architectural/engineering serviqes contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execdte a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering servioes contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fufton/Coastcon in the amount of $56,026.58 for the Corpus Christi InternationaI Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 29, 2001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of EXHIBIT B Page 1 of 5 H:\USERS\SHARED\COUNCIL~2003 AGENDA fTEMS\PRIOR CO,~CtL ACTIONS 062403 AMEND #4 165,400 ANDERSON GROUP.doc --,31 - / $38,618.74 for the Corpus Cl~risti International Airport Terminal Construction project. (M2001- 207). 15. 16. 17. 18. 19¸ 20. 21. 22. 23. June 12, 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the~,for the Corpus Christi international Airport Terminal Construction project (M2001-219). September 11, 2001 -Metier (upgraded public address sys' Fulton/Coastcon in the amoL Terminal Construction project. October 9, 2001 - Motion auth eight (8) inch water line undE exceed $155,449.0'1 for the authorizing the City Manager to execute Change Order No. 19 em, additional escalators, wall laminates, & decorative tiles) with nt of $514,974.42 for the Corpus Christi International Airport M2001-347). )rizing the City Manager to execute Change Order No. 22 (replace r commercial apron) with Fulton/Coastcon in the amount not to orpus Christi International Airport Terminal Construction project. (M2001-373). October 16, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the nev~ Airport Terminal Building (M2001-387). October 23, 2001 - a Motion authorizing the Citgo Manager to execute Change Order No. 23 (additionaI filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326 24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) With Fulton/Coastcon in the amount of $23,490.93 for the Corpus Christi International Airport Terminal Construction project. (M2001-401). April 16, 2002 - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the Corpus Christi International Airport Terminal Construction project (M2002-102)~ May 14, 2002 - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Christi International Airport Terminal Construction project. (M2002- 132). June 6, 2002 - Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commercial island to parking lot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi International Airport Terminal Construction project. (M2002-192). May 27, 2003 - Motion authorizing the City Manager to execute Change Order No. 45 (concrete and structural steel for retail and Transportation Security Administration lease areas and exterior finish system for Air Cargo Building) with Fulton/Coastcon in the amount not to exceed $425,410.87 for the Corpus Christi International Airport Terminal Construction project. (M2003~ 198). PRIOR ADMINISTRATIVE ACTIONS 1. January 17, 2001 - Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. EXHIBIT B J Page 2 of 5 H:\USERS\SHARED\COUNCIL\2003 AGENDA ITEMS\PRIOR CO~CIL ACTIONS 062403 AMEND ~ 165,400 ANDERSON GROUP doc -OO- 2. January 22, 2001 - Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. 3. January 23, 2001 - Award of Amen~lment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and doul~le wall air handler units. 4. February 9, 2001 - Award of Chang~e Order No. 4 in the amount of $11,921.16 to Fulton/Coastcon for various utility work, rerouting of oonUuits, and temporary speakers at curb-side. February 14, 2001 - Award of Ame of $14,920 for apron extension/acc( February 16, 2001 - Award of Cha for additional pedestrian tunnel supl March 19, 2001 -Award of Change storm drain repairs and removal, piping and controls. ~dment No. 5 to M. Arthur Gensler and Associates in the amount ss roads & terminal apron projects. (separate project) Ige Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for additional traffic markings and signage, and isolation of HVAC 2001 - Award of Amend~nent No. 6 to M. Arthur Gensler and Associates in the amount of March 29, $14,900 for design of additional esdalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 221 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 ~ Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). I EXHIBIT B Page 3 of 5 H:\USERS\SHARED\COUNCIL~2003 AGENDA ITEMS\PRIOR C_O~i~CIL ACTIONS 062403 AMEND ¢¢4 165,400 ANDERSON GROUP doc --,3~-- 20. August 22, 2001 - Award of Chang~ Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crdsswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 - Award of Cha~ge Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bi'idge power room, and baggage service office/additional operation space for Continental Express. 22 September 14, 2001 - Award ~f Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditionin~g shop space under concourse and additional power supply for date and communication room equipment. 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional 23 March 30, inspection services. / 24~ December 31, 2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. 25. January 24, 2002 - Award of Amer~dment No. 10 to M. Arthur Gensler and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal Building Main canopy. 27. October 31, 2001 - Award of Chaqge Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Cont~ental Airlines operations, three phase motors for baggage doors, include baggage equipment on el~ergency power, revise cooling tower foundation, and relocate water line to improve future access. 28. November 14, 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and other modifications. 29. Decelber 14T 2001 -Award of Chai~ge Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon for additional space for a baggage Office and operations suite for Continental Airlines and modification of transom to electric vault door. 30. January 31, 2002 - Award of Chadge Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon for security modifications associated with 9/11 and installation of high speed operator on Gate 24B. 31. February 12, 2002 - Award of Chal~ge Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon for additional security expenses, bag conveyor openings, and fire damper. 32. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for exterior baggage operations, and stucco fascia along roof edge. 33. May 2T 2002 - Award of Change Order No. 32 in the amount of $24,840.92 to Fulton/Coastcon for additional offices, relocation of ticket counters and return air openings. 34. May 15, 2002 - Award of Change Order No. 33 in the amount of $24,871.93 to Fulton/Coastcon for mechanical and structural modificalions. 35. May 29, 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. Page 4 of 5 H:\USERS\SHARED\COUNCILt2003 AGENDA ITEMS\PRiOR Co~CIL ACTIONS 062403 AMEND ¢t-4 165,400 ANDERSON GROUP doc 36. 37. 38. 39 40. 41 42 43 44. / July 17, 2002 - Award of Change C~rder No. 36 in the amount of $20,265.24 to Fulton/Coastcon for various minor enhancements (carpel voice/data circuits, door pulls, security modifications, etc.). Auqust 7, 2002 - Award of Change IOrder No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. September 5, 2002 ~ Award of Char)ge Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food couP. October 30, 2002 - Award of Chan¢e Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modifications, I~ck sets, PA service, etc. November 5, 2002 - Award of Char~ge Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon for electrical modifications, advertising modifications, rent car telephones, and window blinds. February 6, 2003 - Award of ChanCe Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon for food court ceiling and relocationbf visitor information desk. February 17, 2003 - Award of Chadge Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon for additional electrical power to rer}t car offices, vending machines, enclosure of open administrative space, storage of equipment City requested advanced delivery, and additional security costs. February 28, 2003 - Award of Chaqge Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon for various electrical, plumbing, signage, fire alarm, and HVAC modifications. March 21, 2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car parking lot, removal of manholes under additional retail space, new gate operator support, conduit to new checkpoint location. EXHIBIT B 1 Page 5 of 5 H:\USERS\SHARED\COUNCIL\2003 AGENDA ITEMS\PRIOR C_O~J~.CIL ACTIONS 062403 AMEND #4 165,400 ANDERSON GROUP doc --~ I-- F;le : ~ Mprojecf: ~ councitexhibits \ exh 1071 amend4.dwg San Patricio County N CORPUS CHRISTI BAY PROdECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATION MAP NOT TO SCALE TERMINAL ~ U ~'h PARKING LANDING ~ LANDING APRON APRON CZTY PROJECT No. 1071 SITE MAP NOT TO SCALE BUILDING EXHIBIT "0" CITY OF CORPUS CHRISTI, ~EXAS -42- CONTRACT SUMMARY : AMENDMENT No. 4 ConstructiOn ManagementJproject Liaison/inspection Services Contract for III. ORDER OF SERVICES The anticipated duration of services ; extended to November 30, 2003. IV. FEE Summar~ of Authorized Fees Ori~linal Contract Task No. Descriptic n Fee II.A-F Basic Serv ces & Special Services $191,400 II.G Expensesi $5,000 , Ori~linal Contract $196,400 Amendment No. 1 II.A-F ~Basic SerVices & Special Services $15,000 Amendment No. I $15,000 Amendment No. 2 II.A-E ~Basic SerVices & Special Services $15,000 Amendment No. 2 $15,000 Amendment No. 3 II.A-E ~Basic SerVices & Special Services $588,000 I I.F IExpenses $10,500 Amendment No. 3 $598,500 Amendment No. 4 II. A-E ~Basic SerVices & Special Services $165,400 $165,400 Amendment No. 4 Total Fee $990,300 -43- 7 AGENDAITEM: AGI Resolution authorizing the $40,000 from the Corpus Boardwalk Project. !NDA MEMORANDUM City Council Action Date: June 24, 2003 City Manager, or the City Manager's designee, to accept 3,hristi Beach Association for the Corpus Christi Beach Ordinance appropriating $ 40,000 from the Corpus Christi Beach Association in the No. 1050 Federal/Stat ~ Grants Fund for the Corpus Christi Beach Boardwalk Project; and declaring an emergency. ISSUE: The Corpus Christi Be~ch Association is providing a monetary contribution for the Corpus Christi Beach BoardWalk project. It is necessary for Council to accept this contribution and appropriate the money to align funding to complete the project. FUNDING: Funding is available through the Corpus Christi Beach Association, a non- profit organization. CONCLUSION AND RECOMMENDATION: Staff recommends acceptance of the contribution and appropriation of [the proceeds for completion of the Corpus Christi Beach Boardwalk project. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map H:\HOME/LYNDAS\GEN/PARKS/3247 - CC Boardwalk Proiec~\Men'~ DOC -47- SUBJECT: Corpus Christi Be~ PRIOR COUNCIL ACTION: 1. February 11, 2003 - Mc execute all documents n General Land Office (GL AGENDA MEMORANDUM ADDITIONAL BACKGROUND MEMORANDUM ch Boardwalk Project (Project #3247) tion authorizing the City Manager, or his designee, to ~cessary to accept a grant of $60,000 from the Texas O) to construct a boardwalk on Corpus Christi Beach. (M2003-060) . February 11,2003 - Ordinance appropriating $60,000 from the Texas General land Office in the No. 1050 F~ederal/State Grants Fund to construct a boardwalk on Corpus Christi Beach. (Ordinance No. 025192) FUTURE COUNCIL ACTION: 1. Approval of construction contracts necessary to complete Phase 1 of this project. 2. Approval of future phases of this project dependant upon receipt of future funding. ADMINISTRATIVE ACTION June 11, 2003 - Administrative approval of a small professional services contract with Shiner Moseley and ,Associates in the amount of $23,730 for design services necessary for the Corpus Christi Beach Boardwalk Project. BACKGROUND: Pedestrian access to the Corpus Christi beach area along Sur[side Boulevard is limited. The beach is separated from the street by development and Surfside Blvd. does not have shoulders or sidewalks and is dangerous for pedestrians. The area is not ADA compliant. The City of Corpus Christi, in partnership with the Corpus Christi Beach Association (CCBA), a non-profit organization, will construct a multi-phase boardwalk project, which will connect businesses and tourist attractions on Corpus Christi Beach. Preliminary conceptual plans have been developed for the 4,300 foot long and 10 foot wide boardwalk which will ultimately stretch along the public beach at the edge of the property lines from the U.S.S. Lexington to the Villa Del Sol Condominium. CONSTRUCTION (PHASE ONE): The first phase of the boardwalk will include the construction of approximately 1,300 linear feet of concrete boardwalk beginning at the Villa Del Sol Condominium north property line and extend south towards the Lexington. The boardwalk will be constructed of concrete, due to its minimal maintenance, Iow cost and lowest susceptibility to hurricane damage. It will be American with Disabilities Act (ADA) compliant and future phases will include additional amenities such as benches, trashcans, signage, and outlooks along the route. FUNDING: Phase one of this project will be funded through a General Land Office (GLO) grant for $60,000 and a $40,000i cash match from the CCBA for a total project budget of $100,000. The GLO grant was ireceived and appropriated by Council on February 11, 2003. TIMELINE: Currently, the City Itas entered into an administrative professional services agreement with Shiner, Moseley ~& Associates for $23,720, for design, bid and construction phase services for this project. T~e project is scheduled to begin advertising September 1, 2003, and receive bids on September 24, 2003. This schedule would allow for Council award on October 14, 2003 and construction would run from mid-November 2003 through end of February 2004, in advance of the GLO required completion date of March 31,2004. H:/HOME~LYNDAS/GEN/PARKS~3247- CC Boardwalk Project/llackground DOC -49- o Oxo. O t ~,P ~ CORPUS CHRISTI BEACH SITE P~N SCALE: 1"=BO0' ~ 01~ OF CO~PUS CHRISTI 80ARDWALK - PHASE SMA JOB NO.: 200.30107.00 -50- RESOLUTION AUTHORIZING THE CI'I~Y MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO ACCEP~ $40,000 FROM THE CORPUS CHRISTI BEACH ASSOCIATION FOR THE CORPUS CHRISTI BEACH BOARDWALK PROJECT' BE IT RESOLVED BY THE CITYi COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. That the City Manager, or the City Manager's designee, is authorized to accept $40,000 from the Corpus Christi Beach Association for the Corpus Christi Beach Boardwalk Project. ATTEST: THE CITYOFCORPUS CHRISTI Armando Chapa City Secreta~ Approved: June 11,2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar (') Assistant City Attorney for City Attorney -51- ORDINANCE APPROPRIATING $40,000 FROM THE CORPUS CHRISTI BEACH ASSOCIATION IN THE NO. 1050 FEDERA~STATE GRANTS FUND FOR THE CORPUS CHRISTI BEACH BOARDWALK PROJECT;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CHRISTI, TEXAS: : CITY COUNCIL OF THE CITY OF CORPUS SECTION 1. That $40,000 fromm the Corpus Christi Beach Association is appropriated in the No. 1050Federal/State Grants Fund for the Corpus Christi Beach Boardwalk Project. SECTION 2: That upon written request of the Mayor or five Council members, copy attached, the City CounCil (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances alt two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2003, ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED: June11,2003 Lisa Aguilar(/ ) Assistant City-~Attorney For City Attorney -52- 8 AGENDA MEMORANDUM June 24, 2003 SUBJECT: Engineering SuppOrt - Economic and Job Development Board Initiatives - Project No. 90080' AGENDA ITEM: a. Ordinance appropriating $75i000 in unappropriated interest earnings from the Water CIP Fund No. 4081 (1994 Revenue Bond)for engineering assistance to evaluate utility needs for development proposals submitted to the Corpus Christi Business and Job Development Corporation; amending Capital Budget Adopted by Ordinance No. 025144 to increase appropriations by $75,000; and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute an engineering services contract in an amount not to exceed $150,000 with MEI Govind, Inc., of Corpus Christi, for utility service assessments to support initiatives associated with Corpus Christi Economic and Job Development Board. ISSUE: Private development proposals being considered by the Economic and Job Development Board require engineering support to determine whether current utilities require improvements and the cost of the improvements. FUNDING: Funds are available from the Wastewater and Water Capital Improvement Programs. RECOMMENDATION: Approval of the motion as presented. ~gel R. Escobar, P.E. Director - Engineering Services Date Date Director- Water Services Foster Crowell / Dat~ Director - Wastewater Services Attachments: Exhibit A: Background H:\HOME\KEVINS\GEN\4ABoard~AGENDAMemo.doc -55- ADDITIONAL INFORMATION BACKGROUND: The Corpus C~risti Economic and Job Development Board has actively coordinated with a number of pdvate development initiatives. The initiatives frequently require an evaluation of the ade( These initiatives can impose a location. The assessment of utili a complex analysis distribution, require computer and hydraulic n services and the resulting cost of luacy of City utilities at the site of the proposed initiative. severe demand on the existing utilities in a particular :les to support a given development proposal can require collection, and treatment systems. Such analysis can ~odeling to determine the best way to provide the needed improvements. Such analysis is necessaryto accurately determine the expense associated with a given development proposal. CONTRACT/CONSULTANT SE~_ECTION: The contract is a not to exceed contract in the amount of $150,000. The consultant will be paid on a time and materials basis only for work performed. A summary of the contract is attached. See Exhibit B. The consultant was selected as the most qualified based on response to the City's Request for Qualification released this spring. PRIOR COUNCIL ACTION: December 17, 2002 - Approval df the FY2003 Capital Budget (Ordinance No. 025144). FUTURE COUNCIL ACTION: Approval of development proposals recommended by the Economic and Job Development Board. I EXHIBIT "A" -56- Page 1 of 1 CONTRACT SUMMARY UTILITY ASSESSMENTS iFOR ECONOMIC DEVELOPMENT PROJECTS CONTRACT FOR ARCHITECTURAL/ENGINEERING SERVICES SCOPE OF SERVICES The Engineer's services will include basic research, documentation and design to assess the utility service and needs for projects proposed as p~rt of the City's and Economic and Job Creation Board's economic development program. The assessment project scope will include all elements necessary to determine the level of existing and needed utility and qther infrastructure to support the proposed project. The Engineer, in the performance of this contract, will ex~rcise usual and customary professional care in Engineer's efforts to ensure the necessary infrastructure will comply with the applicable codes and regulations of City, State, and other Federal authorities having jurisdiction including applicable health regulations. The Engineer will coordinate assessments with other Cc~nsultants as may be directed by the City. The Engineer will work cooperatively with the City's project manager, citizens, local organizations, City staff, elected officials and others when so directed. Services may ihclude quarterly presentations to Council. Due to the proprietary and sensitive nature of project proposals, the Engineer will work and maintain the information given to him and developed during the course of an ass(~ssment in strict confidence until directed otherwise. ASSESSMENT SERVICES - The Engir~eer will for each proposed project: 1. determine the location, size, capacity, and age of municipal and private utilities; 2. evaluate utility service requirements for the proposed project for gas, storm water, wastewater and water service including daily, hourly, peak flows, discharges and runoffs; 3. evaluate the fire flow requirements of the proposed project; 4. evaluate the adequacy of wastewater lift station(s) to accommodate the proposed discharges; 5. evaluate the capacity of the wastewater treatment plant that will provide service for the proposed facility; 6. assess the capacity of the existing utility system to service the proposed project and such additional development that may occur in the general area; 7. make recommendations and list any utility improvements necessary to support the proposed project; 8. provide a conceptual layout indicating the location and size of existing utilities and proposed utility improvements; 9. develop an opinion of probable cost for any required utility improvements; 10. prepare and deliver a report of findings including supporting documentation and calculations to the City Manager's designated representative. The report will be organized to include: a table of contents; an executive summary; site description and location map; description of proposed project and utility requirements; assessment of current utility capacity and future requirements; schematic drawing/map of the site location showing existing utilities; list of required utility improvements with opinion of probable cost and schematic indicating the probable layout and location of the improvements; and 11. retain a copy of the report and site information for future use by the City of Corpus Christi. FEES AUTHORIZED The City will pay the Engineer a total not to exceed fee of $150,000.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified. The Engineer's Standard Schedule of Rates shall be used when calculating the fee due. Exhibit Fyh~_.~7_,~,~ Page 1 of ORDINANCE APPROPRIATING $7 EARNINGS FROM T REVENUE BOND) I EVALUATE UTILll PROPOSALS SUBN BUSINESS AND AMENDING CAPITAL 025144 TO INCREA~ DECLARING AN EME 3,000 IN UNAPPROPRIATED INTEREST JE WATER CIP FUND NO. 4081 (1994 ~OR ENGINEERING ASSISTANCE TO NEEDS FOR DEVELOPMENT ITTED TO THE CORPUS CHRISTI OB DEVELOPMENT CORPORATION; BUDGET ADOPTED BY ORDINANCE NO. E APPROPRIATIONS BY $75,000; AND ~GENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $75,000 in unappropriated interest earnings from the Water CIP Fund No. 4081 (1994 Re~fenue Bond) is appropriated for engineering assistance to evaluate utility needs for development proposals submitted to the Corpus Christi Business and Job Development Corporation. SECTION 2. That the Capital Budget adopted by Ordinance 025144 is amended to increase appropriations by $75,000. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr. Mayor APPROVED: June 19, 2003 Lisa Agt~ilar ~/ Assistant City Att~ney For City Attorney -58- 9 AGENDA MEMORANDUM City Council Action Date: June 24, 2003 AGENDAITEM: Resolution authorizing the City Manager, or the City Manager's designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following Bridge Replacement projects: · Wooldridge Road Bridge · Kingsbury Lane Bridge · Lexington Road Bridge ISSUE: The existing timber bridge structures at these locations are hydraulically and structurally inadequate. Through the Off-State System Federal Aid Bridge Replacement and Rehabilitation program they qualify for replacement. This agreement will allow the Texas Department of Transportation to proceed with design, bid and construction phase services necessary to replace these structures. FUNDING: No funding is required at this. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented. E Director of Storm' Water Services Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Maps -61- MORANDUM ADDITIONAL, BACKGROUND MEMORANDUM SUBJECT: Advanced Funding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following Bridge Replacement projects: · Wooldridge Road Bridge · Kingsbury Lane Bridge · Lexington Road Bridge PRIOR COUNCIL ACTION: May 13, 2003 - Resolulion authorizing the City of Corpus Christi to perform equivalent-match project (Laguna Shores Road Improvements, Project #6158)in return for waiver of localI match fund participation requirement on the approved Federal off-system bridge program (participation-waived) projects not yet awarded. (Resolution No. 025284) PRIOR ADMINISTRATIVE ACTIlON: December 9, 2002 - Administrative approval of a small professional services agreement with Smith, RUsso & Mercer in the amount of $24,500 for the Federal Off-System Bridge ProjeCts Program. FUTURE COUNCIL ACTION: Approval of design contracts necessary to complete utility relocations. Approval of utility constru~ction contracts necessary to complete this project. Approval of right-of-way agreements as necessary. FUTURE ADMINISTRATIVE ACTION Nothing Anticipated. BACKGROUND: The Texas Department of Transportation administers the federal off- system bridge program that replaces or rehabilitates structurally deficient and functionally obsolete bridges located on public roads and streets off the designated state highway system. In the past the City was required to pay 10% of the cost or replacing or rehabilitating each bridge structure. The City has scheduled the removal and replacement of the bridge over the Tropic Isles Canal as part of the Laguna Shores Road Improvements. The project is scheduled to bid in late July 2003. The cost of the Laguna Shores Road Bridge is estimated at $525,000 and the structure is now on the list of off-system bridge structures that are structurally deficient. H;/HOME\LYNDAS/G EN/Stormwater\Qff System Bridge Agenaa~Advance Fundin9 AgL~l~/background DOC The City requested that TXDOT to use this expenditure by the City as credit for future local match participation on three local bridge structures within the City that include: 1. Wooldridge Road Bridge located between Airline Road and Rodd Field Road. 2. Kingsbury Lane located between Countiss Drive and McCain Drive. 3. Lexington Road located South of S.H. 358 (South Padre Island Drive) These bridge locations met TXDOT's criteria and were selected by TXDOT on that basis. The Laguna Shores Road Bridge will meet the criteria for the required local participation match. AGREEMENT DESCRIPTION: Under the agreement, TxDOT will: · Prepare the construction plans, specifications and estimates; · Coordinate with the City during plan preparation; · Advertise for bids; · Award a contract for construction; and, · Provide final inspection and acceptance The City will: · Provide right-of-way (ROW) acquisition; · Provide the necessary adjustment of any and all utilities and services, publicly or privately held; · Coordinate utility work with TxDOT; · Provide prompt review of construction plans as requested by TxDOT; and · Accept full ownership and provide continuous operation and maintenance. These projects are anticipated to be let by TxDOT starting in Fiscal Year 2006. This letting schedule allows sufficient time for TxDOT to receive verification that the City has performed the equivalent match project (Laguna Shores Road Bridge) and for TxDOT to begin the design. The projects will be let by TxDOT in the priority determined by the sufficiency rating (degree of structural deterioration). The City will be allowed time to acquire additional right-of-way as required by TxDOT, comply with any environmental mitigation as required and relocate any utilities as applicable. H:/HOME\LYN DAS/GEN/Storrr~vater~Off System Bridge Agenda~Advance Funding Agr._e~nt/background DOC ~Mproj'ect~councilexhibits~exh ? ? 150b.dw¢ LN N NUECES BAY ~ CORPUS CHRIS~ BAY RD BRIDGE LEXZNGTON RD LAGUNA MADRE GULF OF MEXICO LOCATION MAP NOT TO SCALE EXHIBIT "B" TEXAS DEPARTMENT OF TRANSPORTATION CITY COUNCIL EXHIBIT FEDERAL OFF' SYSTEM BRIDGE REPLACEMENT PAGE. I of 1 PROGRAM o~:oc /~ ~ /~oo~ RESOLUTION AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S DESIGNEE, TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR PRELIMINARY ENGINEERING AND BRIDGE CONSTRUCTION ASSOCIATED WITH THE FOLLOWING BRIDGE REPLACEMENT PROJECTS: WOOLDRIDGE ROAD, KINGSBURY LANE AND LEXINGTON ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS; SECTION 1. The City Manager, or the City Manager's designee, is authorized to execute an Advanced Funding Agreement with the Texas Department of Transportation for preliminary engineering and bridge construction associated with the following bridge replacement projects: Wooldridge Road Bridge, Kingsbury Lane Bridge and Lexington Road Bridge. A copy of the Advanced Funding Agreement is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: June 18, 2003 Samuel L. Neal, Jr. Mayor Lisa Aguilar Assistant City Attorney for City Attorney -65- 10 AGENDA MEMORANDUM DATE: June 16, 2003 SUBJECT: Kinney Street Storm Water Pump Station 2003 (Project No. 2189) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a construction contract to McAIlen Construction, Inc. from McAIlen, Texas in the amount of $309,500 for the Kinney Street Storm Water Pump Static~n 2003. ISSUE: The Kinney Street Storm Water Pump Station requires more pumping capacity. More pumping capacity will remove downtown storm water faster. The Kinney Street Storm Water Pump Station has tWo (2) pump units. One pump unit is diesel powered and the other pump unit is electric powered. The existing diesel pump unit is old and requires replacement. The present diesel powered unit must be manually started. FUNDING: Funds for this project are available in the FY 2002-2003 Storm Water Operating Budget. RECOM ~MEND~,TI~..N: Staff recommends approval of the motion as presented. D~rector of Engineenng Services V~le~'ie Gray, ~,,E. I ~' Di~tor of Stor-m Wlter Department Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tabulation Exhibit"D" Location Map -69- BACKGROUND INFORMATION SUBJECT: Kinney Street Stodm Water Pump Station 2003 (Project No. 2189) PRIOR COUNCIL ACTION: July 23, 2002 - Approval No. 024974). PRIOR ADMINISTRATIVE ACT April 1,2003 - Executed amount of $25,000 for th~ )f the Fiscal Year 2002-03 Operating Budget (Ordinance ION: ;mall consultant agreement with Mody K. Boatright in the Kinney Street Storm Water Pump Station 2003. BACKGROUND INFORMATIOn: The Kinney Street Storm Water Pump Station requires additional pumping capacity. Increasing pumping capacity will allow downtown storm water to be moved faster and he~p alleviate high water during flood conditions. Currently, the Kinney Street Storm Water Ipump Station has two (2) pump units. One pump unit is diesel powered and the other pump unit is electric powered. The existing diesel pump unit is from the 1940's, must be manually started and requires replacement. PROJECT DESCRIPTION: The project consists of the removal and replacement of the diesel power pump, gear reduce6 and engine. The replacement shall include a new pump, consisting of part new and part refurbished components, a new diesel engine, a new drive shaft and a new right-angle gear reducer rated for continuous 400 HP operations with all associated equipment. The new engine will operate at 75,000 gpm at 11 to 12.5 feet total dynamic head. A new sump water level system shall be installed to allow automatic start/stop of the system. The disbharge pipes will be sand blasted and coated with a high resistant polybrid coating, all in accordance with the plans, specifications and contract documents. Under separate contract, the original diesel engine and right angle drive shall be refurbished to have as a stand-by engine for future emergency use. BID INFORMATION: The project consisted of a base bid only. On July 6, 2003, the City received proposals from six (6) contractors. The bids range from $309,500 to $425,745. The Engineer's construction estimate was $330,000. McAIlen Construction, Inc. of McAIlen, Texas was the Iow bidder on the project. Therefore, based on confirmed references of successful work on: similar projects, the City's consultant, Mody K. Boatright and City staff recommend a construction contract be awarded to McAIlen Construction, Inc. in the amount of $309,500 for the Kinney Street Storm Water Pump Station. CONTRACT TERMS: The contract specifies that the project will be completed in 225 calendar days, with completion anticipated by March 2004. FUNDING: Funds for this project are available in the FY 2002-2003 Storm Water Operating Budget. H:/USERS21HO ME/VELMAR/GEN/DRAINAGE~2189~AG EN DA BACKGROUND I EXHIBIT "A" Page 1 of 1 -70- KINNEY STREET STORM WATER PUMP STATION 2003 (PROJECT NO. 2189) PROJECT BUDGET June 17, 2003 FUNDS AVAILABLE: Storm Water Operating ............................................................... $382,950.00 FUNDS REQUIRED: Construction Contract (McAIlen Construction, Inc.) ........................... Contingencies (10%) .................................................................. Consultant (Mody K. Boatright) ...................................................... Major Projects Activity ............................................................... Construction Inspection Activit~ ................................................... Miscellaneous (Printing, Advertising) ............................................. Total ....................................................................................... $309,500.00 30,950.00 25,000.00 5,000.00 11,000.00 1,500.00 $382,950.00 -71- EXHIBIT "B" Page 1 of 1 BID TABULATION TABULATEO BY: 'Angel R. Escobar, P.E., Director of ErgMeerinp SaMcea ENGINEER'S ESTIMATE: $=,000.00 DATE: Wednesday, June 11, 2003 TIME OFCOMPLETION: 225 Calender Daya McAllen CemWctlen, Inc. Holloman Corporation Bryan C9nstrudlen Co. W. T. Young Construction Jalco, Inc. DMB Cousins.a e KINNEY STREET STORM WATER PUMP STATION 2003 4700 N. Wan Road 13730 IN 10 East 1007 N. Ezri Rudder Fury. P.O. Bos 9197 5148 Latus Street dT 22 NepWm SL (Project No. 2199) MCAOen, TX 78504 Convene. TX 78109 Bryan, TX 77805 Corpus Chda9, TX 71469 Houston, TX 7045 corpus Christi. TX 78405 ITEM DESCRIPTION QTY. UNIT PRICE AMOUNT UNITPRICE AMOUNT PRICE AMOUNT UNRPRICE AMOUNT UNIT PRICE AMOUNT UNITPRICE AMOUNT Famish all labor and matenala, tools, and necessary equipment In pedorm the Work maulnad at the laps lons sal out by one plans and specifications and In said accordance with tha anbact tlocleenls. I L.S. $309,500.00 $331,24864 $358,450.00 $363,866.00 $386,000.00 $426,745.00 Total Base BW 5309,700.00 $331,248.91 7356,450.00 $363,9116.00 1J98,000.00 $425,74400 ~ Mprojec ~ ~ k;ndocqexhlb¢fs ~ exh2189, dwg LOCATION l~lAP , NOT TO SCALE J PROJECT LOCATZON I CORPUS CHRISTI BAY Lo~ ! TEXAS TELEVISION INC. SHERRILL PARK OF CORPUS CHRZSTZ ~ STORM WATER PUMP STATZON VZCZNZTY I~AP CZTY PROJECT # 2189 NOT TO SCALE KINNEY STREET STORM ~/ATER PU~P STATION 2003 CITY OF CORPUS CHRISTI, TEXAS -73- EXHZBZT "D" CZTY COUNCZL EXI-IZBZT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of: 1 DATE. 06/18/2005 11 AGENDA MEMORANDUM June 24, 2003 SUBJECT: Hazardous Waste ~ Post Hurricane/Disaster Recovery Operations AGENDA ITEM: Motion authqrizing the City Manager, or his designee, to execute a contract, to be activated only inthe event of a hurricane or other disaster, with Ash Britt Environmental of Pompano BeaCh, Florida in the amount of $1,151,892 for the Collection, Characterization, and Disposal of Hazardous Waste during Post Hurricane/Disaster Recovery Operations. ISSUE: The City will be required to provide for the proper collection and disposal of household and other hazardous wastes following a hurricane or other disaster. Pre- positioned, competitively-bid contracts that are ready to activate are necessary to minimize recovery time and expenses as a result of post hurricane/disaster recovery operations. FUNDING: The contingency contract does not require funding unless the contract is activated. RECOMMENDATION: Staff recommends approval of the motion as presented. An~l ~. ~scobar, P.E. Director- Engineering Services D~te' Attachments: Exhibit A - Additional Information Exhibit B - Bid Tabulation H:\HOME\KEVINS\GEN\HURRICAN\03Contracts\HazMat~AwdMemo.wpd -77- ADDITIONAL INFORMATION SUBJECT: Hazardous Waste ~ Post Hurricane/Disaster Recovery Operations BACKGROUND: In order to ex reimbursement from various disa necessary plans and contracts recovery response and to pro~ requests from Federal Emergen~ ~edite post-hurricane recovery operations and maximize ster relief funds and insurance policies, it is essential that )e developed, in place and ready to activate for rapid ide proper documentation to support reimbursement :y Management Agency (FEMA). A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue nlormal operations while mobilizing all available resources to conduct an effective and effiqient disaster recovery operation. Therefore, it is to the City's advantage to identify, corltract and pre-position the contract services that will be required to undertake recovery ~ffor[s. ALTERNATIVES: Examination of recovery operations indicates that pre-positioning contracts are the only viable me'dhod of minimizing recovery time and assuring maximum recovery of expenditures from FEMA and other reimbursements. PROJECT DESCRIPTION: The contract requires the contractor to collect, characterize, package, transport and dispose of hazardous, toxic and radiological wastes. These materials will be collected from rights-of-way, City property and Temporary Debris Storage and Reduction Sites (TDSRS). The contractor will not address private proper~y unless there is an imminent hazard to public health and safety. Spill responses on City rights-of- way and City property are included in the contract. The contract does not include explosives. PRIOR COUNCIL ACTION: January 28, 2003 - Motion authorizing City Manager, or his designee, to execute a contract with Shiner Moseley and Associates, Inc., of Corpus Christi, Texas in the amount of $80,000 for consulting services associated with Pre-Planning of Emergency Recovery Operations (M2003-038). FUTURE COUNCIL ACTION: Appropriation of necessary funds to support contract activation in the event of a large hurricane or other disaster, CONTRACT INFORMATION: The contractor is required to provide adequate financial performance guarantee, insurance certifications, and to participate in an annual prepared- ness exercise. Unless the contract is activated, no compensation is provided. H:\HOME\KEVINS\G EN\HURRICAN\03Contracts\HazMat~AwdBkgExhA.wpd EXHIBIT "A" I Page 1 of 3 -78- The contract is for one year with renewal for up to four additional one-year terms through a re-certification process. The five-year term was deemed necessary to provide incentive for contractors to bid on the contract which contains an inflation adjustment based on the construction cost index as reported in Engineering News Record. BID EVALUATION: Bid evaluation was conducted on a two step process. The bids were evaluated by qualification and project requirements to assure the bidder could meet the requirements of the contract. Tile bids were then evaluated by the total base bid. Actual payment will be based on uni~ quantities. The City received one bid proposals on June 4, 2003. A bid of $1,151,892 was submitted by Ash Britt Environmental. See Exhibit B. This compares to the 1999 bid of $999,989.60 by Alamo Petroleum Exchange Corp. of San Antonio, Texas. Alamo Petroleum ceased participation in the re-certification process with the resulting non-renewal of their contract. IMPLEMENTATION: Recovery response will be by phases dependent on the severity of the storm or disaster. The implementation phases and required Council actions are: Activation: City personnel and Contractor will receive an activation alert approximately 24 to 36 hours in advance of landfall. Initial Assessment/Recovery: City personnel and Damage Assessment Teams will conduct an initial assessment to determine the degree of damage and required response ~evel. The Contractor will activate the level of response directed by the Mayor/City Manager based on the damage assessment. This will require an obligation of funding on a month-to-month basis as the clean-up progresses. Initial funding will be provided by the General Fund Reserve Appropriation and Reserve Funds of the various Enterprise Funds (Utilities, Airport, Golf, Marina, and Ambulance). It is likely that an appropriation of the unappropriated General Fund Balance and the unappropriated Combined Utility System Fund Balance will be required in the event of even a moderately-severe storm or disaster. Continuinq Operations: It is anticipated that hazardous material operations are likely to continue for six months in the event of a moderately-severe hurricane. Use of Combined Utility Funds and other sources may be ultimately required in the event of a such a storm. In such a situation, the Council would be requested to authorize or approve: the transfer of required funds; appropriation of funds for use; and a resolution to repay the originating fund source. Additionally, it may be necessary for the Council to authorize certificates of H:\HOME\KEVINS\GEN\HURRICAN\O3Contracts\HazMat~AwdBkgExhA.wpd EXHIBIT"A" J Page 2 of 3 -79- obligation or other debt instruments. The Council will have the option of reviewing funding alternatives and the required authorizations on a month-to-month basis as recovery operations progress. Fundinq: No expenditure of fqnds will be required unless the contract is activated due to a hurricane or major disaster. Although the City will be required to initially fund the recovery as previously describedi, primary funding for the contract will ultimately come from payments by insurance companies for damage to insured City facilities and FEMA reimbursements; however, FEMA reimbursement is generally limited to 75% of the eligible expenditures. NOTE: Since this is a contingency contract that will only be activated after an "emergency" is declared and "entergency powers" are invoked, the Legal Department has determined that certification of current funds availability is not required at this time (Art. IV, Sec. 9, City Charter). Bid Recommendation: Staff recommends award of the contract to Ash Britt Environmental. H:\HOME\KEVINS\GEN\HURRlCAN\03Contrac~\HazMat~AwdBkgExhA.wpd L EXHIBIT"A" J Page 3 of 3 -80- I DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Shiner Moseley and Associates, Inc. ENGINEER'S ESTIMATE: N/A DATE: Wednesday, June 18, 2003 TIME OF COMPLETION: 180 Calendar Days COLLECTION, CHARACTERIZATION, PACKAGING ASHBRITT ENVIRONMENTAL TRANSPORTATION AND DISPOSAL OF HAZARDOUS 480 SOUTH ANDREWS AVE STE 103 WASTE DURING POST-HURRICANE/DISASTER POMPANO BEACH, FLORIDA 33069 RECOVERY OPERATIONS (954)545-3535 CITY PROJECT NO. 90043 BID ITEM DESCRIPTION AMOUNT Mobilization and Crew Requirements Bid Schedule $159,775.00 Hazardous Liquid and Dry Hazardous WasteS Sid Schedule $860,000.00 Hazardous Waste Cleanup Materials Bid Schedule $132,117.00 TOTAL BASE BID $1,151,892.00 Exhibit B PaeIofl 12 AGENDA MEMORANDUM June 16, 2003 SUBJECT: Debris Management: Clearing, Removal and Disposal Post Hurricane/Disbster Recovery Operations AGENDA ITEM: Motion authdrizing the City Manager, or his designee, to execute a contract to be activated only id the event of a hurricane or other disaster with D&J Enterprises, Inc. of Auburn, Alabama for Debris Management: Clearing, Removal and Disposal for Post Hurricane/Disaster Recovery Operations. ISSUE: Pre-positioned, competitiVely-bid contracts that are readyto activate are necessary to minimize recovery time and ekpenses as a result of post hurricane/disaster recovery operations. RECOMMENDATION: Approval of the motion as presented. ~irege~ R. Escobar, P. E. ctor of Engineering Services Exhibit A - Background Information Exhibit B - Bid Tabulation Exhibit C - Map -85- ADDITIONAL INFORMATION SUBJECT: Debris Manageme~qt: Clearing, Removal and Disposal Post-Hurricane/DiSaster Recovery Operations BACKGROUND: In order to ex ~edite post-hurricane recovery operations and maximize reimbursement from various disa stet relief funds and insurance policies, it is essential that necessary plans and contracts )e developed, in place and ready to activate for rapid recovery response and to prmide proper documentation to support reimbursement requests from emergency funds,i A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue n~ormal operations while mobilizing all available resources to conduct an effective and efficient disaster recovery operations. Therefore, it is to the City's advantage to identify, corttract and preposition the contract services that will be required to undertake recovery 6tfforts. ALTERNATIVES: Examination of recovery operations indicates that pre-positioning contracts is the only viable metlqod of minimizing recovery time and assuring maximum recovery of expenditures from FEMA and other reimbursements. Proiect Description: The contract requires the contractor to perform four major tasks. These tasks are: initial roadway debris clearing; collection of debris from public rights-of-way; operation of temporary debris storage and reduction sites; and disposal of the reduced debris. The first task is the initial emergency roadway debris clearing that will occur in the first 70 hours following a major hurricane or other disaster. The emergency roadway clearing will consist of pushing debris to the roadside to open streets to emergency services and recovery operations. The second task is the collection and removal of debris from public rights-of-way to one of three Temporary Debris Storage and Reduction Sites (TDSRS)that will be opened and operated by the contractor. The three TDSRS locations are: · Cabaniss Field; · Waldron Field; and · City owned property adjoining Corpus Christi International Airport. A Memorandum of Understanding was executed in July, 1999, to permit use of Cabaniss and Waldron Fields in case of a hurricane or other disaster. The agreement is on file in the City Secretary's vault and Engineering Services files. An environmental review of the -86- J EXHIBIT"A" J Page 1 of 4 sites was completed in 1999 and the three sites were found compatible with the intended use. These sites will be for the exclusive use of the contractor to facilitate debris removal and reduction. The public and private haulers removing debris will be directed to J. C. Elliott Landfill. PRIOR COUNCIL ACTION: January 28, 2003 - Motion authodizing City Manager, or his designee, to execute a contract with Shiner Moseley and AssoCiates, Inc., of Corpus Christi, Texas in the amount of $80,000 for consulting services;associated with Pre-Planning of Emergency Recovery Operations (M2003-038). Contract Information: The contractor is required to provide adequate financial performance guarantee, insurance certifications, and participate in an annual prepared- ness exercise. Unless the contract is activated, no compensation is provided. The contract is for one year with renewal for up to four (4) additional one-year terms through a re-certification process. The five-year term was deemed necessary to provide incentive for contractors to bid on the contract which contains an inflation adjustment based on the construction cost index as reported in Engineering News Record. Pre-Qualification Information; Contractor pre-qualification was required prior to submission of bids. The pre-qualification process was designed to assure that bidders were financially (and otherwise) capable of undertaking the contract. Seven contractors submitted pre-qualification proposals with six contractors deemed qualified to bid on the project. The disqualified firm was Garner Environmental Services of Deer Park, Texas. Their Pre-Qualification Proposal was non-responsive and deemed unqualified because their proposal: did not satisfy the submittal requirements; did not include bonding company information; · provide letter(s) certifying bonding capacity; required the City to post a retainer fee for them to guarantee their response in event of a disaster. Six firms were deemed qualified and invited to bid. No pre-qualification packages were submitted by local contractors. Local contractors were aware that recovery efforts are likely to require extensive use of sub-contractors. Therefore, local contractors will have the opportunity to participate in the recovery efforts while avoiding the financial carrying costs and administrative effort of being the prime contractor. Bid Information: The project proposal assumed a storm producing 5,000,000 CY of debris to be collected and reduced within 360 calendar days. Bids were evaluated based on a lump sum Base Bid only. Actual payment will be based on unit quantities. The Six bids were received and opened June 11,2003. The bid tabulation is attached. See Exhibit B. Bid ranged between $40,286,845.00 and $69,454,820.00. One bid by Phillips L EXHIBIT"A" J Page 2 of 4 -87- and Johnson was deemed non-r~esponsive as no bid security was submitted with the bid. The qualified Iow bid of $40,2B6,845 was submitted by D&J Enterprises of Auburn Alabama. D&J Enterprises was awarded thee contract when originally bid in 1998. They successfully responded to one activation in 1999. The company has successfully engaged in a number of major disaster recovery projecls. The firm is experienced in working with FEMA and the Corps of Engineers. IMPLEMENTATION: The contract implementation will be by phases dependent on the severity of the storm or disaster. The implementation phases and required Council Actions are: Activation: City personnel and Contractor will receive activation notification approximately 24 to 36 !hours in advance of landfall. This will result in the Contractor having a small ~nanagement team arrive in the City prior to landfall of the hurricane. The Contractor will use their private corporate aircraft or drive to Corpus Christi in the event of s~vere weather. They have agreed that under either circumstance that their management team will arrive within 14 hours of notification. Initial Assessment/Recovery: City personnel and Damage Assessment Teams will conduct an initial assessment to determine the degree of damage and required response level. The Conlractor will activate the level of response directed by the Mayor/City Manager based on the: damage assessment. This will require an obligation of funding on a ~month to month basis as the cleanup progresses. Initial funding would be provided by the General Fund Reserve Appropriation, and Reserve Funds of the vadous Enterprise Funds (Utilities, Airport, Golf, Marina, & Ambulance). It is likely that an appropriation of the unappropriated General Fund Balance and the unappropriated Combined Utility Fund Balance will be required in the event of even a moderately severe storm or disaster. Continuinq Operations: Clearing and debris reduction/disposal operations are likely to extend from six months to as much as year in case of a moderately severe hurricane. Use of the Choke Canyon Fund, Trust Funds, and other sources may be ultimately required in the event of a such a storm. In such an event, the Council would be requested to authorize or approve: the transfer of required funds; appropriation of funds for use; and a resolution to repay the originating fund source. Additionally, it may be necessary for the Council to authorize certificates of obligation or other debt instruments.~ The Council will have the option of reviewing funding alternatives and the required authorizations on a month to month basis as recovery operations progress. Fundinq: No expenditure of funds will be required unless the contract is activated due EXHIBIT "A" I Page 3 of 4 -88- to a hurricane or major disaster. Although the City will be required to initially fund the recovery as previously described, primary funding for the contract will ultimately come from payments by insurance companies for damage to insured City facilities and FEMA reimbursements. However, the maximum FEMA reimbursement is 75% of the eligible expenditures. NOTE: Since this is a contfngency contract that will only be activated after an "emergency" is declared and "errlergency powers" are invoked, the Legal Department has determined that certification of ct~rrent funds availability is not required at this time (Art. IV, Sec. 9, City Charter). Bid Recommendation: The engineer's estimate for the scenario used for bidding purposes was $50,000,000. Acaordingly, staff recommends award of the contract to D&J Enterprises, Inc. of Auburn, Alabama based on their Iow bid of $40,286,845 using competitively-bid unit prices for estimated quantities. Payment to be made on actual measured quantities. The company has a vast amount of recent experience in disaster recovery, having successfully participated in disaster cleanup operations for Miami, the west coast of Florida, the eastern seaboard, and Omaha. -89- EXHIBIT "A" I Page 4 of 4 I TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: SHINER MOSELEY 8 ASSOCIATES, INC. DATE: Wednesday, June 18, 2003 ENGINEER'S ESTIMATE: $NIA TIME OF COMPLETION: 180 Calendar Days DEBRIS CLEARING, REMOVAL, AND DISPOSAL SERVICES POST-HURRICANE/DISASTER RECOVERY OPERATIONS CITY PROD. NO. 9000 08J ENTERPRISES, INC. 3495 LEE ROAD 10 AUBURN, AL 36832 4)821.1249 •CROWDER-GULF 5535 BUSINESS PARKWAY THEODORE, AL 36582 800 9924207 OMNI CONSTRUCTION LLC 63374 OLD MILITARY RD. PEARL RIVER, LA 70452 1985)863-3111 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Phase 1 -Emergency Roadway Debris Teams -First 70 Hours per CY. 200,000 C.Y. $5.07 $1,014,080.00 $2.19 $438,150.00 $0.99 $198,000.00 Phase 2 -Public Right -of -Way Debris Removal per CY. 5,000,000 L.F. $5.07 $25,350,005.00 $7.25 $36,250,000.00 $7.55 $37,750,000.00 Phase 3 -Site A-TDSR Site Operations Debris Dis osal Preparation 1 L.S. $10,000.00 $10,000.00 $5,000.00 $5,000.00 $165,000.00 $165,000.00 Operations 1,667,000 C.Y. $2.76 $4,600,920.00 $1.63 $2,711,500.00 $3.90 $6,501,300.00 Closure 1 L.S. $30,000.00 $30,000.00 $8,000.00 $8,000.00 $150,000.00 $150,000.00 Sebtoiatfhase.3=Site. _.._-. Phase 3 -Site B-TDSR Site Operations Debris Dis osal Pre aration 1 L.S. $10,000.00 $10,000.00 $5,000.00 $5,000.00 $165,000.00 $165,000.00 Operations 1,667,000 C.Y. $2.76 $4,600,920.00 $1.63 $2,711,500.00 $3.90 $6,501,300.00 Closure 1 L.S. $30,000.00 $30,000.00 $8,000.00 $8,000.00 $150,000.00 $150,000.00 Subtotal Phase 3 -Site B $4,640,920.00 $2,724,500.00 $6,816,300.00 Phase 3 -Site C-TDSR Site Operations Debris Disposal Preparation Operations Closure 1 1,667,000 1 L.S. C.Y. L.S. $10,000.00 $2.76 $30,000.00 $10,000.00 $4,600,920.00 $30,000.00 $5,000.00 $1.63 $8,000.00 $5,000.00 $2,711,500.00 $8,000.00 $165,000.00 $3.90 $150,000.00 $165,000.00 $6,501,300.00 $150,000.00 Subtotal Phase 3Site C $4,640,920.00 $2,724,500.00 $6,816,300.00 Total Phase 3 $13,922,760.00 $8,173,500.00 $20,448,900.00 TOTAL BASE BID=PHASE I + PHASE 2+PHASE 3A,B,C $40,286,845.00 $44,861,650.00 $58,396,900.00 `NOTE REGARDING PHASE 3 OPERATIONS STATING PRICE IS $1.63/CY IF BURNING IS ALLOWED. $2.25 IF GRINDING IS REQUIRED. "MATHEMATICAL ERRORS CORRECTED. —DISCREPANCY DUE TO ROUNDING. "" N SPONSIVE BID. NO BID BOND. Exhibit B Page 1 of 2 1 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERINf 'y OF CORPUS CHRISTI, TEXAS DEBRIS CLEARING, REMOVAL, AND DISPOSAL SERVICES POST4IURRICANEIDISASTER RECOVERY OPERATIONS CITY PROJ. NO. 90043 "ASHBRITT ENVIRONMENTAL 480 SOUTH ANDREWS AVE STE 103 POMPANO BEACH, FLORIDA 33069 (954'%5.3535 "'ASPLUNDH ENVIRO SERV 217 FAIRHOPE AVE FAIRHOPE, AL 36532 1254)928-4500 ""PHILLIPS 8 JORDAN 16 COURT STREET ROBBVINSVILLE,NC 28771 1 &28)479-3371 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Phase 1 -Emergency Roadway Debris Teams - First 70 Hours per CY. 200,000 C.Y. $10.75 $2,150,800.00 $0.85 $170,000.00 $10.52 $2,104,000.00 Phase 2 -Public Right -of -Way Debris Removal per CY. 5,000,000 L.F. $9.79 $48,956,140.00 $9.00 $45,002,430.00 $10.25 $51,250,000.00 Phase 3 -Site A-TDSR Site Operations Debris Disposal Preparation 1 L.S. $75,000.00 $75,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 Operations 1,667,000 C.V. $3.19 $5,310,900.00 $4.82 $8,026,868.00 $2.69 $4,492,400.00 Closure 1 L.S. $75,000.00 $75,000.00 $354000.00 $35,000.00 $20,000.00 $20,000.00 Subtotal Phase 3 -Site A $5,460,900.00 18.086,868.00 $4,532,400.00 Phase 3 -Site B-TDSR Site Operations Debris Disposal Preparation 1 L.S. $75,000.00 $75,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 Operations 1,667,000 C.Y. $3.19 $5,310,900.00 $4.82 $8,034,940.00 $2.69 $4,492,400.00 Closure 1 L.S. $75,000.00 $75,000.00 $35,000.00 $35,000.00 $20,000.00 $20,000.o0 Subtotal Phase 3 -Site B $5,460,900.00 $8,094,940.00 $4,532,400.00 Phase 3 -Site C-TDSR Site Operations Debris Disposal Preparation 1 L.S. $75,000.00 $75,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 Operations 1,667,000 C.Y. $3.19 $5,310,900.00 $4.82 $8,034,940.00 $2.69 $4492,400.00 Closure 1 L.S. $75,000.00 $75,000.00 $35,000.00 $35,000.00 $20,000.00 $20,000.00 Subtotal Phase 3 -Site C $5,460,900.00 $8,094,940.00 $4,532,400.00 Total Phase 3 $16,382,700.00 $24,276,748.00 $13,597,200.00 TOTAL BASE B/D=PHASEI+PHASE 2+PHASE 3 A,B,C $67,489,640.00 $69,449,178.00 $66,951,200.00 'NOTE REGARDING PHASE 3 OPERATIONS STATING PRICE IS $1.63/CY IF BURNING IS ALLOWED. $2.25 IF GRINDING IS REQUIRED. "MATHEMATICAL ERRORS CORRECTED. —DISCREPANCY DUE TO ROUNDING. "" NON RESPONSIVE BID, NO BID BOND. Exhibit B Page 2 of 2 Page 2 of 2 Son Patricio County l TO AIRPORT , NUECES BAYI AGNES CORPUS CORPUS CHRISTI BAY Nueces County CABANISS FIELD ~IALDRON FIELD LOCATION I~P NTS EXHIBIT "C" CITY COUNCIL EXHIBIT TEMPORARY DEBRIS STORAGE AND ~£~ART~£NT oF ~,O~NE~R~,~ SERWOES REDUC TI ~r T~ (POST-HURRICANE ~,~m.. , ~,,~ RECOVgRY OPERATIONS) PAGE. I of 1 OF CORPUS CHRISTI, TEXAS , DATE: 06/~8/200~ -~- 13 AGENDA MEMORANDUM City Council Action Date: June 24, 2003 AGENDA ITEM: Ordinance appropriating ,~187,484 from the unappropriated interest earnings from Water 1994 CIP Fund 40E 1; and appropriating in Water CIP Fund 4081 for the Park Road 22 - 12" Waterli~e Relocation; amending capital budget adopted by Ordinance No. 025144 by increasing appropriations by $187,484; and declaring an emergency. , Motion authorizing the Clty Manager or his designee to execute an emergency procurement with Berry Cqntracting LP dba Bay,,L, td. of Corpus Christi, Texas in the amount of $187,484 for the Park Road 22 - 12 Waterline Relocation. ISSUE: Recent excavation durir~g the construction of the JFK Causeway revealed a utility conflict with a 12-inch waterlijne on Park Road 22. The Texas Department of Transportation notified the City that the line needed to be relocated immediately to avoid delaying the project's completiorl schedule. FUNDING: Funding is available through unappropriated interest earnings in the Water Capital Improvement Program. CONCLUSION AND RECOMME~NDATION: Staff recommends approval of the motion as presented. The execution of this emergency procurement is necessary to expedite the relocation of the 12-inch water li~e to meet Texas Department of Transportation project sched/~ pr the improvements tP the JFK Causeway. ~rar~a, P.E. 4./~'.,~, ,~n~el R. Escobar, P. E., ?~fter Services Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tab Exhibit"C" Location Map -95- AGENDA MEMORANDUM ADDITIONAL BACKGROUND MEMORANDUM SUBJECT: Park Road 22 - 12" Waterline Relocation (Project #8480). FUTURE COUNCIL ACTION: Nothing Anticipated BACKGROUND: The construction of the JFK Causeway is well underway and the section of construction south of Aquarius was found to be in conflict with an existing 12-inch asbestos cement waterline. The excavation of roadside ditches and the widening of the roadway along this section require the existing water line be relocated. As with all utilities within TxDOT right of way, the City is required to relocate the line immediately upon written notice by TxDOT. The City of Corpus Christi received such notice on May 9, 2003. The City Water Department initially planned to relocate the line using their own crews. As a result of the heavy demand on their personnel due to the recent water leaks, it has become necessary to contract this work out to complete it in a timely manner and not delay work on the JFK Causeway project. PROJECT DESCRIPTION: This project consists of the construction of 2,100 linear feet of 12-inch PVC C-900 waterline with gate valves, fire hydrants, service lines and connections and removal, handling and disposal of existing 12-inch asbestos cement pipe. PROJECT INFORMATION: In order to complywith TxDOT's notice to relocate the existing 12" waterline in a timely manner, it is recommended the work be awarded as an emergency procurement. This allows the project to proceed with a minimum of disruption and forestalls the possibility of damage or delay claims against the City of Corpus Christi. The procurement meets the criteria set forth by the Local Government Code 252.022(a) for emergency procurement which exempts this relocation project from the State competitive bid requirement because it: · preserves or protects the public health or safety of the municipality's residents; and · preserves the property of the municipality. Specifically, any delay in the widening of this section of roadway on the JFK Causeway negatively affects island residents, vehicle safety, emergency evacuation of the island due to inclement weather, and impedes the scheduled project timeframe. Completion of the project in a timely manner also conserves municipal funds that might otherwise be subject to damage or delay claims. BID INFORMATION: When it became apparent that City Water Department Crews could not complete this project, City Engineers assembled plans and specifications to immediately bid this project. On Monday, June 16, 2003, five (5) contractors who have successfully completed projects of a similar nature for the City of Corpus Christi were contacted to request bids. These contractors include: EXHIBIT "A" Page 1 of 2 H:/HO ME/LYNDAS/GEN/WATER/8480 - Park Road 22 Southside Water Line Reloca~JJl~ckground DOC · W.T. Young of Cot · Jalco, inc. of Hous · King-Isles, Inc. of ( · Bay Ltd., of Corpu,, · Jhabores of Corpu On Wednesday, June 18, 2003, bids ranged from $187,484 to $ Christi, Texas was the Iow bidd satisfactory experience and the awarded to Berry Contracting L Road 22 - 12" Waterline Reloca 3us Christi, Texas :on, Texas ;orpus Christi, Texas ;Christi, Texas, and Christi, Texas ~roposals were received from five (5) contractors. The 354,300. Berry Contracting LP dba Bay Ltd. of Corpus er. City staff recommend that based on Iow bid, past emergency status of this project, that a contract be ~ dba Bay Ltd. in the amount of $187,484 for the Park lion project. EXHIBIT "A" Page 2 of 2 H:/HOME\LYN DAS/GEN/WATER/8480 - Park Road 22 South$i(le Water Line Reloc~(~Jt~kgr o u n d DOC TABULATION OF BIDS Page 1 of DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TERAS TABULATED BY: Angel R.Escobar, P.E., Director of Engineering Services DATE: Wednesday, June 18,2003 TIME OF COMPLETION: 20 Calendar Days ENGINEER'S ESTIMATE: $150,000 m a Park Road 22 12" Waterline Relocation Project No. 8480 Berry Contracting LPL dba Bay Ltd. P.O. Box 9908 C.C., TX 78469 King -Isles Inc. 1641 Goldston C.C., TX 78409 Jalco Inc. P.O. Box 27368 Houston, TX 77045 W.T.Young P.O. C.C., Constr. Box 9197 TX 78469 ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT A-1 12 -inch C-900 waterline 2100 LF $27.00 $56,700.00 $49.00 $102,900.00 $63.50 $133,350.00 $50.00 $105,000.00 A-2 45 degree bend 18" 1 EA $3,800.00 $3,800.00 $1,200.00 $1,200.00 $890.00 $890.00 $3,700.00 $3,700.00 A-3 Fire hyudrant assemblies 7 EA $2,800.00 $19,600.00 $3,000.00 $21,000.00 $2,600.00 $18,200.00 $3,000.00 $21,000.00 A-4 12 -inch gate valve 4 EA $3,100.00 $12,400.00 $1,500.00 $6,000.00 $1,000.00 $4,000.00 $2,000.00 $8,000.00 A-5 6 -inch single service, 1 EA $3,400.00 $3,400.00 $2,900.00 $2,900.00 $1,800.00 $1,500.00 $1,500.00 $1,500.00 near side A-6 2 -inch single service, 2 EA $2,000.00 $4,000.00 $800.00 $1,600.00 $800.00 $1,600.00 $800.00 $1,600.00 near side A-7 Connect to existing 2 EA $1,100.00 $2,200.00 $350.00 $700.00 $860.00 $1,720.00 $450.00 $900.00 services I V Trench safety plan 4200 LF $0.85 $3,570.00 $1.00 $4,200.00 $0.25 $1,050.00 $2.00 $8,400.00 At9 Sand cement backfill at 240 CY $50.00 $12,000.00 $47.50 $11,400.00 $35.00 $8,400.00 $54.00 $12,960.00 Acquarius 6 driveways A-10 Excavation, removal, 2100 LF $25.34 $53,214.00 $9.50 $19,950.00 $3.00 $6,300.00 $16.00 $33,600.00 handling and disposal of 12 -inch AC pipe A-11 12 -inch D.I. pipe 100 LF $47.00 $4,700.00 $55.00 $5,500.00 $80.00 $8,000.00 $71.00 $7,100.00 A-12 45' D.I. bends - 12" 7 EA $800.00 $5,600.00 $500.00 $3,500.00 $230.00 $1,610.00 $700.00 $4,900.00 A-13 18" x 12" reducer 1 EA $1,500.00 $1,500.00 $2,650.00 $2,650.00 $450.00 $450.00 $1,050.00 $1,050.00 A-14 12" x 6" Tees 8 EA $550.00 $4,400.00 $575.00 $4,600.00 $180.00 $1,440.00 $900.00 $7,200.00 A-15 12" x 2" tapping sleeves 2 EA $200.00 $400.00 $250.00 $500.00 $60.00 $120.00 $500.00 $1,000.00 TOTAL. BASE BID 1 $187,484.00 $188,600.00 $188,930.00 $217,910.00 m a \ Mproject \ councilexhibits \ exh8480.dwg LAGUNA MADRE N PROJECT LOCAT GULF OF MEXICO LOCATION IV/AP NOT TO SCALE L/qH~ po~re Country N PROJECT No.8480 VICINITY MAP NOT TO SCALE EXHIBIT "C" PARK ROAD 22 12" WATERLINE RELOCATION CITY OF CORPUS CHRISTI, 7TEXAS -99- CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 06/18/2003 ORDINANCE APPROPRIATING $187,484 IN UNAPPROPRIATED INTEREST EARNINGS FROM THE WATER ClP FUND NO. 4081 (1994 REVENUE BOND) FOR PARK ROAD 22 12" WATERLINE RELOCATION; AMENDING CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 025144 TO INCREASE APPROPRIATIONS BY $187,484; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $187,484 in unappropriated interest earnings from the Water CIP Fund No. 4081 (1994 Revenue Bond) is appropriated for Park Road 22 12" waterline relocation. SECTION 2. That the Capital Budget adopted by Ordinance 025144 is amended to increase appropriations by $187,484. 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 ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City SecretaW Samuel L. NeaI, Jr. Mayor APPROVED: June 18, 2003 Lisa Aguilar tourn Assistant City At ey For City Attorney -100- 14 AGINDA MEMORANDUM AGENDA ITEM: Motion approving the rei Inc., owner and devel¢ completed construction contribution for in lieu ol required by the developr by City Council Ordinan, June 24, 2003 nbursement application submitted by ONAC Developers, ,per of Bordeaux Place Unit 1 Subdivision, (who has of the full street), for reimbursement of developers' half street construction of Brockhampton Street as was lent of Bordeaux Place Unit 1 Subdivision and approved :e No. 024769 on February 19, 2002; and Ordinance appropriating $2,890.00 from the Infrastructure Fund, Brockhampton Street Subaccount No. i4730-21654-263037, to pay ONAC Developers, Inc.'s request for reimbursement in accordance with the Platting Ordinance, to fund construction of haft street (with supporting public utility infrastructure) required by development of BordeaUx Place Unit 1 Subdivision, said construction having previously been deferred for cash in lieu of construction during platting; and declaring an emergency~ ISSUE: ONAC Developers, Inc., owner and developer of Bordeaux Place Unit 1, is required to construct his half of Brockhampton Street as required by platting and, as the developer of Bordeaux Place Unlt 1 and contributor of money in lieu of construction for the adjoining half street, has the o~ligation to construct the full street and is requesting reimbursement of costs associated with the previously deferred construction of the half street in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ~ Art Sosa Director of Engineering Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Background Information Location Map Reimbursement Application -103- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: ONAC Developers Inc., owner and developer of Bordeaux Place Unit 1 Subdivision, is required to construct half of Brockhampton Street (Type C1 Collector Street, 40' B-B in a 60-foot right of way) as a requirement of platting. ONAC Developers Inc. also developed the adjacent and abutting Bordeaux Place Unit 2 Subdivision, a 10.983 acres tract, a portion of lot 14, section 20, Flour Bluff and Encinal Farm & Garden Tracts. At the time of platting, staff recommended that construction of a half street (portion of Brockhampton Street) be deferred until such time that the full right-of- way width of the sections of Brockhampton Street could be constructed in the future, and that developer provide cash in lieu of construction in accordance with Section IV-A. 121 .d of the Platting Ordinance. By Ordinance No. 024769, dated February 19, 2002, City Council approved developer's contribution for in lieu of half street construction of Brockhampton Street (with supporting public utility infrastructure), and establishment of a City interest-bearing account in the Infrastructure Trust Fund for deposit of developer's contribution, and restricting said monies for completion of the "improvements" at the time of platting and development of properties of properties directly adjacent to and abutting the secured "improvement" opposite Bordeaux Place Unit 1. ONAC Developers Inc., has completed and the City has accepted the construction of Brockhampton Street abutting Bordeaux Place Unit 1 The development of Bordeaux Place Unit 1 is the property directly adjacent to and abutting the secured "improvements". See Exhibit B, Location Map. ONAC Development Inc. is therefore requesting reimbursement of monies required to build the half street previously deferred. Exhibit C contains cost-supporting documentation, including the Reimbursement Application, for developer's request. Exhibit A Page 1 of 1 -104- LOCATION MAP (NTS) Belvoir Ave. ~ ~ 1 2 3 ~ I BORDEI[UX PLACE UNI'If 1 ~ la Bianca Dr. ~-- Site (deferred construction) SITE PLAN BROCKHAMPTON STREET DEFERRED CONSTRUCTION EXHIBIT B Depadment of Development Services DATE: 06MAY03/hk -105- APPLICATION FOR REFUND OF DEVELOPER'S CONTRIBUTION We, ONAC Developers, Inc., developer of Bordeaux Place Unit 1, hereby request a refund of $2,890.00 plus related interest which was paid to the City of Corpus Christi pursuant to Ordinance No. 024769 as "developer's contribution in lieu of half-street construction" for a portion o~L~ckhampton Street (with supporting public utility infrastructure) and we hereby certify that the po~rgiofi of Brockhampton Street fronting Bordeaux Place Unit 1 has been constructed according Io plans and)slSecifications approved by the City. Developer Date THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was ack] ~vledged before me on/~,Y,Ta'~r//~// ,2003, by Emilio Cano, President of ~ ~.. s p ..~' ~ ., g~: .. -. ¢ x._ · . _ ~_ :. %: ~.~ : g Notary l~ublic ,n and for The Sta~eof Texas % '-. .. · The ~nformat~on submatte~ w~th this application for refund has been reviewed and deterrmned to be correct and is subject to appropriation by the City Council. Director of Engineering Services (City Engineer) (Date) Appl. Refund of Developer's Contribution 01095 EXHIBIT C -106- Sp¢cialServices Engineedng L. Farias, P.E. January31,2002 STREET FOR PORTION O[ BORDE, Brockhampton Street Cross-Sectior PAVING IMPROVEMENTS ITEM NO. DESCRIPTI( 1 Roadway Excavatio )EFERMENT COST ESTIMATE* BROCKHAMPTON STREET ABUTTING [JX PLACE UNIT 1 SUBDIVISION 2 3 )ata: Type C1 Neighborhood Collector, 60' ROW, 40' B-B }N 2" HMAC including Prime Coat ! 8" Cement Stabilized Caliche Base UNIT TOTAL OTY. UNIT PRICE COST 81 S.Y. $ 2.50 $202.50 69 S.Y. 6.30 $ 434.70 69 S.Y. 7.15 $ 493.35 10" Lime Stabilized[ Subgrade 81 S.Y. 4.00 $ 324.00 6" "L" Curb and Gutter 4' Concrete Sidewalk 55 L.F. 8.00 $ 440.00 294 S.F. 2.70 $ 793.80 SUBTOTAL $2,688.35 Engineering ~ 7.5% $ 201.65 TOTAL $2,890.00 EXHIBIT C -107- AN ORDINANCE APPROPRIATING $2,890.00 FROM THE INFRASTRUCTURE FUND, BROCKHAMPTON STREET SUBACCOUNT NO. 4730- 21664-263037, TO PAY ONAC DEVELOPERS, INC. REQUEST FOR REIMBURSEMENT IN ACCORDANCE WITH THE PLATTING ORDINANCE, TO FUND CONSTRUCTION OF HALF STREET (WITH SUPPORTING PUBLIC UTILITY INFRASTRUCTURE) REQUIRED BY DEVELOPMENT OF BORDEAUX PLACE UNIT 1 SUBDIVISION, SAID CONSTRUCTION HAVING PREVIOUSLY BEEN DEFERRED FOR CASH IN LIEU OF CONSTRUCTION DURING PLATTING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,890.00 from the Infrastructure Fund, Brockhampton Street Subaccount No. 4730-21654-263037 is appropriated to pay ONAC Developers, Inc. request for reimbursement in accordance with the Platting Ordinance, to fund construction of half-street (with supporting public utility infrastructure) required by development of Bordeaux Place Unit 1 Subdivision, said construction having previously been deferred for cash in lieu of construction during platting. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 24th day of June, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED By: OoseCh Harney O Assistant City Attorney ,2003. -~08- Corpus Christi, Texas day of TO THE MEMBERS OF THE ~ Corpus Christi, Texas For the reasons set forth in th{ emergency exists requiring su: and voting upon ordinances at you suspend said Charter rule introduced, or at the present Respectfully, Council Members The above ordinance was pas Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott .,2003 ;ITY COUNCIL emergency clause of the foregoing ordinance, an ;pension of the Charter rule as to consideration two regular meetings: INVe, therefore, request that and pass this ordinance finally on the date it is eeting of the City Council. Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Christi zed by the following vote: -109- 15 AGENDA MEMORANDUM May 1, 2003 AGENDA ITEM: Motion approving the reimbursement application submitted by Marsha Jill Kovar, Owner and developer of Noakes Partition, Block 2, Lot 3, for the installation of 300 linear feet of a 8-inch PVC water distribution main; and Ordinance appropriating $5,403.00 from the Water Artedal Transmission and Gdd Main Trust Fund No. 4030-2090'10 to pay developer reimbursement request for the installation of 300 linear feet of a 8-inch PVC water distribution main to develop Noakes Partition, Block 2, Lot 3; and declaring an emergency. ISSUE: Ms. Marsha Jill Kovar, owner and developer of Noakes Partition, Block 2, Lot 3, has completed construction of public improvements required to plat and is requesting reimbursement of the installation of a water distribution main within the Sessions Road Right-of-Way in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Ad Sosa Interim Director of Developmenl Services ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Background Information Location Map Reimbursement Application -113- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The developrqent and platting of Noakes Partition, Block 2, Lot 3 required a total extension of 30£ linear feet of a 8-inch PVC water distribution main along the east side of Sessions Roac, The water distribution main ties to the existing 8-inch water distribution main previous ~ installed to the northwest most common property of Lot 1, Block 4, High Ridge Estates. see Exhibit B - Location Map). The 8-inch water line is required by the City's Distribution System Master Plan and is eligible for reimbursement as a water distribution main in accordance with the Platting Ordinance. The total cost, submitted by Ms. :Marsha Jill Kovar for the installation of 300-feet of 8-inch PVC water line is $ 6,020.00. Because Ms. Marsha Jill Kovar, has not paid the City of Corpus Christi assessed acreage fee of $ 617.00 the reimbursed amount due to the developer is the difference between the cost of installation of the 12-inch PVC water grid main and the acreage fee assessed. Therefore, the total reimbursement owed to Ms. Marsha Jill Kovar is $5,403.00 Application for reimbursement has been made in accordance with provisions of the Platting Ordinance. The Application for waterline reimbursement and supporting cost documentation are attached (see Exhibit C - Reimbursement Application). CITY ACCEPTANCE: All work is complete, and the waterline improvements have been inspected and accepted by the City for operation and maintenance. Exhibit A Page 1 of 1 -114- i LOCATION MAP N.T.S. ~_ NOAKES PAR~'~ON \ ,~- I I "~ 1~ / T --- :~ --.~ ...... _ __ , .... 1[ 1[ 1( I~ ......... ~ ~ - ~ I %~-'- ~ ~ f I ~E TO ~. ~ WATERLINE EXHIBIT FOR THE I S~AK ES PARTITION RPUS CHRISTI, TEXAS ' NOAKES PARDDON LOCADON WAP [Exhibit BI D~t. of E~gi~n~ S~ -115- APPLICATION FOR WATERLINE REIMBURSEMENT I, Marsha Jill Kovar , owner and developer of proposed Noakcs Partition, Block 2, Lot 3 Subdivision, hereby request reimbursement of $ 5,403.00 for the installation of the water distribution main in conjunction ~vith Noakes Partition Subdivision, as provided for by City Ordinance No. 17092. Said $ 5~403.00 is the construction cost, including 7-1/2% engineering, in excess of the lot/acreage fee, as shown by thc cost supporting documents attached herewith. (Date) THE STATE OF TEXAS COUNTY OF NUECES c~ This instrument was acknowledged before me on by/',,x~ffo.sHA ~o~]A~ CERTIFICATION ,2003 The information submitted with the application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Transmission Mains Trust Fund and (b) appropriate and approval by the City Council. Director of Engineering (City Engineer) (Date) I Exhibit CJ -116- Eng: Murray Hudson By: rw Final Quantitites for LOT 3, BLOCK 2 NOAKES PARTITION Date: 2/20/03 Job No. 37931.A2.00 Added Credit/Reimb. ITEM DESCRIPTION I ACTUAL UNIT UNIT TOTAL Ii QUANTITIES PRICE COST REiMBURSEABLE ITEMS: --1 8" PVC C-900 (Footage less front {footage) '-300 LF _ _ $15.00 $4,500.00 -- 2 Fire HydrantI 1 _ EA $2,600.00 $2,600.00 3 Long Double Service Connection 1 EA $350.00 $350.00 4 6"x90 Degree M.J. Anchor Bend --1 EA $200.00 $200.00 5 6"x30" Swivel to Solid Adapter [ 1 EA $200.00 $200.00 6 6" Gate Valve and Box ~ 1 EA $500.00 $500.00 7 8"x6"x6" Ductile Iron Tee , 1 EA $500.00 $500.00 8 8" Ductile Iron 45 Degree Bend 2 EA $200.00 $400.00 9 .8"Plug w/2" Blowoff Valve --+--- 1 EA $200.00 $200.00 10 Tie to Existing Waterline , __ 1 EA $1,000.00 $1,000.00 11 Asphalt Repair 10 SY $75.00 $750.00 ~ - REIMBURSEABLE ITEMS SUB-TOTAL: $11,200.00 12 Engineering Fee @ 7.50% I LS $840.00 REIMBURSEABLE ITEMS TOTAL: $12,040.00 I I - TOTAL REIMBURSEMENT (50% OF REIMBURSEABLE ITEMS): $6,020.00 I I I CREDIT (VVater Distributution Acr[eage Fee per C~-ty Comments): ($617.00) 2 REIMBURSEMENT (50% of Costlof Reimburseable Items less Credit amount): $5,403.00 Urban Engineering 2725 Swantner Corpus Chdsti, TX 78404 1-361-854-3101 -117- I of 1 CITY OF CORPUS CHRISTI Water Department ADMINISTRATION MEMO To: Special Services Engineer From: Fred Pefia, Engineer Associate Subject: p:~/~t Status Re.~ Water Utilities eroj eot Name: ~t~ ~f~-~ ~,Y~//x~ /7:f~./~/{-oT-'~ er°jeot Number: ''~'/c~ MPLETE ACCEPTANCE Water The water mains and appurtenances for this project have been installed in accordance with the Water Distribution System Standards of the City of Corpus Christi. Upon final acceptance from the City of Corpus Christi Engineering Department, this system is satisfactory for acceptance by the City of Corpus Christi Water Department for permanent maintenance and operation. Water Main(s) [length/size/type]: Water Main(s) Removed [length/size/type]: Water Main(s) Abandoned [length/size/type]: Valve(s) [type/quantity/size]: Valve(s) Abandoned [type/quantity/size]: Pre-Taps Fire Hydrant Assembleies w/Valve(s) [quantity]: CONDITIONAL ACCEPTANCE - Water This sys{~m is conditionally accepted or accepted for services only. Complete Acceptance is contingent upon £mal inspection and acceptance by the City &Corpus Christi Water Department. Until Complete Acceptance by the City of Corpus Christi Water Department, the Developer remains responsible for any damages, leaks, adjustments, etc. Operation of this system during Conditional Acceptance will be under the supervision of the City 9f Corpus C~i~i Water Dep _ar~ment only. . Date xe. Engineering Services, Engineering Department Tap Applications Desk, Public Utilities Water Department Inspector Water Utilities Engineering File -118- AN ORDINANCE APPROPRIATING $5 TRANSMISSION ANt 209010 TO PAY DE FOR THE INSTALLA~[ PVC WATER DISTR PARTITION, LOT EMERGENCY. BElT ORDAINED BYTHEC SECTION 1. That $5,403.00 403.00 FROM THE WATER ARTERIAL , GRID MAIN TRUST FUND NO. 4030- ~/ELOPER REIMBURSEMENT REQUEST ION OF 300 LINEAR FEET OF AN 8-INCH BUTION MAIN TO DEVELOP NOAKES BLOCK 2; AND DECLARING AN TY COUNCIL OF CORPUS CHRISTI, TEXAS: :rom the Water Arterial Transmission and Grid Main Trust Fund No. 4030-209010 is appropriated to pay developer (Marsha Jill Kovar) reimbursement requestt for the installation of 300 linear feet of an 8-inch PVC water distribution main tb develop Noakes Partition, Lot 3, Block 2. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City CounCil (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at~ two regular meetings so that this ordinance is passed and shall take effect Upon first reading as an emergency this the 24th day of June, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED By: 2003. Assistant City Attorney For City Attorney -119- 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 24, 2003 AGENDA ITEM: j Motion authorizing the City M~anager, or his designee, to execute Amendment No. 12 to the Engineering Services Cotqtract with Shiner, Moseley & Associates in the amount of $158,154 for the Seawall Re(;onstruction Project Major Storm Water Outfall Condition Assessment, Ph. 1. ISSUE: Due to the recent sinkholes in city streets, it has become imperative to survey and investigate additional stqrm water drainage structures to assess their structural integrity. This amendmerlt will provide for inspection and condition assessment of several structures upon preliminary investigation warrant a more detailed examination. FUNDING: Funding for this change order is available in the FY 02 -03 Capital Improvement Program. CONCLUSION AND RECOMMENDATION: Approval of the motion is recommended to award an amendment and begin review of the necessary storm water collection and outfall lines. ',~ge'l . a, P. E., Director of Engineering Services V , Dir~_~tor of Storm later Services Attachments: Exhibit "A" Background Exhibit "B" Contract Summary Exhibit"C" Location Map H:\HOME\LYNDAS\GEN~SeawalI~Amendment No. 12\Memo. DO~ 23- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Seawall Restoratic PRIOR COUNCIL ACTION: 1. November 25, 1997 - Appro~ (M97-347); 2. March 24, 1998- · Motion authorizing the ex, Construction Co. for Sea~ · Motionto authorize aware to Shiner Moseley and A,' · Motion to authorize exe( Petrography Services re Engineering, Inc. for a fei · Motion to authorize exe Project I of seawall investigation and use of Gateway proceeds ~cution of a contract in the amount of $36,804 with Bracco vail Inspection at Panels 205 and 206 (M98-084); of a seawall condition assessment in amount of $386,000 sociates, Inc. (M98-085); ution of a Contract for Geotechnical, Laboratory, and ated to the Seawall Investigation Project with Bacon not to exceed $49,000 (M98-086); and :ution of a Contract for Non-Destructive/Non-lnvasive Investigation Services four the Seawall Investigation Project with W. G. Jaques Company for a fee not to exceed $86,210 (M98-087). 3. May 29, 2001 - · Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 for engineering services in the amount of $581,000 with Shiner Moseley and Associates, Inc. for the !Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction Project B-1 (M2001-208); and · Motion authorizing the City Manager, or his designee, to execute a geotechnical and materials testing contracl~ in an amount not to exceed $79,602 with Fugro South, Inc. (Gulf Coast Testing Laboratory) for the Pilot Seawall Reconstruction Project (Contract A) and Seawall~ Reconstruction Project B-1 (M2001-209). 4. January 15, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 for engineering services in the amount of $87,700 with Shiner Moseley and Associates, Inc, for the Pilot Seawall Reconstruction Project (Contract A) and Seawall Reconstruction iProject B-1 (M2002-022). 5. April 30, 2002 · Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $6,127,099.50 with Laughlin Environmental, Inc. for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-123). · Motion authorizing the City Manager, or his designee, to execute an engineering materials and construction contract with Fugro South in an amount not to exceed $49,700 for the Seawall Reconstruction Project Pilot Program and Contract B-1 (M2002-124). -124- EXHIBIT "A" Page 1 of 3 · Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 with Shiner Moseley and Associates, Inc. in the amount of $127,100 for additional construction inspection and management services contract for the Seawall Reconstruction Project F~ilot Program and Contract B-1 (M2002-125). 6. October 29, 2002 · Motion authorizing the Clty Manager, or his designee, to execute Amendment No. 8 in the amount of $~,214,900 with Shiner Moseley and Associates, Inc. for the Seawall Reconstrucqon Project B-2 (Part A and Part B) - (M2002-360). · Motion authorizing the Ctty Manager, or his designee, to execute a geotechnical services contract in an amount not to exceed $126,820 with Fugro South, Inc (M2002-361). 7. November 19, 2002 - Motior authorizing the City Manager, or his designee, to execute Amendment No. 9 in the amount of $84,748 Shiner Moseley and Associates, Inc. for the $eawall Reconstruction Project (Blucher Arroyo Storm Water Drainage Structun; Condition Assessment.) 8. March 4, 2003 - Motion autho 'izing the Acting City Manager, or his designee, to execute Amendment No. 11 to thle Engineering Services Contract with Shiner, Moseley & Associates in the amounI of $140,400 for the Seawall Reconstruction Project. 9. March 4, 2003 - Motion authorizing the Acting City Manager, or his designee, to award Change Order No. 6 tolLaughlin Environmental, Inc. of Houston, Texas, in the amount of $167,785.00 f~r the Seawall Reconstruction Project. PRIOR ADMINISTRATIVE ACTION: 1. June 8, 1998 - Award of Amendment No. 1 (additional testing) in amount of $13,470 to Bacon Engineering, Inc. for Geotechnical, Laboratory, and Petrography Services related to the Seawall Investigation Project; 2. February 11, 1999 - Award of Amendment No. 1 (Backwater Levee Gate Report) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 3. August 26, 1999 - Award of Amendment No. 2 (Design of Backwater Levee Gate Structures) in amount of $-0- (change of scope) of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; 4. December 8, 1999 - Award of Amendment No. 3 (Backwater Levee Gate Structures Foundation and Railroad coordination) in amount of $14,350 of seawall condition assessment contract with Shiner Moseley and Associates, Inc.; and 5. March 27, 2000 - Award of Amendment No. 4 (Backwater Levee Gate Structures Construction Phase) in amount of $13,330 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. 6. December 18, 2002 - Award of Amendment No. 10 (Connection Capacity and Dowel Location Analysis) in amount of $13,000 of seawall condition assessment contract with Shiner Moseley and Associates, Inc. FUTURE COUNCIL ACTION: Approval of construction contracts to complete additional phases of the Seawall Reconstruction project. EXHIBIT "A" Page 2 of 3 -125- PROJECT DESCRIPTION: AMENDMENT NO. 12: This am, will provide for detailed assessn lines: Windsor Park Culvert (,' Gollihar Culvert (CarmE Alta Vista Arroyo Culve Kenny Street Outfall Power Street Outfall Louisiana Culvert Brawner / Procter Culv( Water Street Horsesho, (Kinney to Power Stree The project consists of a Phase water outfall lines. The purpose these aging structures. Many environmental conditions ran¢ completely dry. This visual asse ;ndment to the Shiner Moseley & Associates NE contract ~ent of the following storm water collection and/or outfall ;easide Cemetery) Parkway) CC Bay- 6,500 If Inland CC Bay - 22,000 If Inland CC Bay - 925 If Inland CC Bay - 560 If Inland CC Bay - 650 If Inland CC Bay - 12,500 If Inland CC Bay-21,200 If Inland Under Water Street - 3,600 tf visual assessment of approximately 13 miles of storm Df this assessment is to identify the general condition of these structures are in excess of 50 years old. The from being completely submerged under water to ;sment should reveal areas of each structure that warrant a more detailed examination. Areas revealing need for additional work will be identified in this phase and if necessary, further inspection can be done in Phase 2 of the Condition Assessment. Shiner, Moseley & Associates was chosen to per[orm this inspection because of their previous experience with: · the seawall; · Blucher Arroyo Storm D~lainage Structure; · Emergency repairs to sihkholes in the BrawnedProcter Culvert; · Expertise with under water and confined entry spaces. Due to the complex nature of this project, skilled experienced divers will be necessary to perform the inspections in the submersed sections of outfalls. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". EXHIBIT "A" Page 3 of 3 -126- CONTRACT SUMMARY AMENDMENT NO. 12 SEAWAL~ RECONSTRUCTION PROJECT MAJOR STORMWATER OUTFALL CONDITION ASSESSMENT (PHASE I) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas 78469~-9277 (City) acting through its duly authorized City Manager or Designee (City Manager) and Shiner Moseley and Associates, Inc., 555 N. Carancahua, Suite 1650, Corp~is Christi, Texas 78478 (Engineer-NE), hereby agree to the following amendment of thC Seawall Investigation Project Contract for Engineering and Consulting Services approved March 24, 1998 (M98-085), and as administratively amended February 11, 1999, March 26, 1999, and December 20, 1999, and as approved by Council May 29, 2001, (M2001-208), and January 15, 2002 (M2002~022), on October 29, 2002 (M2002-360), November 19, 2002 (M2002-383), as administratively amended on December 18, 2002, and as approved by Council March 4, 2003 (M2003-091) agree to the following amendment: During the month of May, two sinkholes appeared in frequently traveled City streets, Ocean Drive and Santa Fe. Deteriorated stormwater drainage structures were the cause of both sinkholes, which required emergency efforts to repair. Fortunately, no injuries or accidents occurred as a result of the pavement failures. Due to these sinkholes, the need has been identified that a cursory level condition survey of accessible (where human access is possible) stormwater drainage structures is necessary. 1. SCOPE OF PROJECT - Section 1. Scope of Project is amended by the addition of the following paragraphs. The following portions of stormwater collection and/or ouffall lines are included in this Phase I condition assessment. · Windsor Park - Culvert (Seaside Cemetery) · Gollihar - Culvert (Carmel Parkway) · Alta Vista Arroyo Culvert · Kenny Street Ouffall · Power Street Ouffall · Louisiana Culvert · Brawner/Prector Culvert · Water Street Horseshoe (Kinney to Power) CC Bay - Inland 6,500'+ CC Bay- Inland 22,000'+ CC Bay - Inland 925'+ CC Bay - Inland 560'+ CC Bay - Inland 650'+ CC Bay- Inland 12,500'_+ CC Bay - Inland 21,200'_+ Under Water Street - 3,600'_+ The project consists of a Phase I visual assessment of the above mentioned structures. Environmental conditions of these structures range from being completely submerged to completely dry. The purpose of this assessment to identify the general structural condition of these structures. Many of these structures are in excess of 50 years old. This visual assessment may reveal areas of each structure that warrant a more detailed examination. Time has not been included for a detailed examination, but these areas needing a more detailed examination will be identified in this phase. A more detailed examination can be made, if needed, in Phase II of the Condition Assessment. EXHIBIT "B" -127- Page 1 of 2 If the structure is above the wa1 are submerged, the assessmen by "feel". Due to marine growth, major defects or discontinuities photographed, locations, docum line sizes or penetrations. After the fieldwork is complete~ office. A letter report for each describes/catalogues the findin( investigation are warranted. A~ spalls, etc. nor produce any solu A report will be generated after er table, a visual exam will be made. Where the areas will include a tactile investigation conducted primarily no light, poor visibility and the cursory level effort only are likely to be discovered. Major deficiencies will be .~nted and tabulated, along with a tabulation of incoming I, the field data will be compiled and reviewed in the out[all will be generated with a limited narrative that is, and also include recommendations if more detailed this time, it is not the intent to document all cracks, tions or cost estimates for repair. ~ach outfall structure is examined. Costs are based on limited drawings provided. In some cases, the total length examined may vary from these stated du~to missing drawings and/or limited access. The City is to provide: a. Assistance locating and opening manholes along the line route to provide reference points for stati(~ning and safety considerations. b. Assistance at Power Street Pump Station to open sump pump flange for access. c. Provide all traffic and pedestrian control whenever and wherever necessary. Due to differences in flow linei elevations, one or more of the following methods of operation will be required. a. Standard surface supplied during operations (DO) - where number line elevation is 3' or more in depth. b. Penetration Diving Operations (PDO) - walking from entry points with no direct access available to divers. c. Shallow Water Operations (SWO) - wading through shallow (<3') of water and debris. d. Dry operations (DO) - normal walking access. All operations conducted inside a structure will be considered "Confined Space Entry", so air monitors and escape air supplies will be carried by personnel. 2. ORDER OF SERVICES - Section 3. Order of Services is amended by the addition of a sentence that reads: The anticipated schedule (but iS weather dependent) for the condition assessment and report generation is as follows: Begin field work by July 1,2003 and complete the work by September 30, 2003. 3. FEE - Section 5. Fee is amended to read as follows: The city will pay the NE fee, in ~he amount of ~;158~154 for providing services authorized. The NE will submit invoices in accordance with the City's approved format. EXHIBIT "B" -128- Page 2 of 2 17 AGENDA MEMORANDUM June 24, 2003 SUBJECT: Corpus Christi International Airport AGENDAITEM: Amending Section 9-37 of the Ccbde of Ordinances relating to the consumption of alcoholic beverages upon the property df the Corpus Christi International Airport; providing for severance; providing for penalties; providing for publication; and declaring an emergency. ISSUE: Amendment to this Ord!inance will allow for a broader service to the public on the sell of alcoholic beverages at the~ Corpus Christi International Airport at the discretion of the Director of Aviation FUNDING: N/A RECOMMENDATION: Approval of Ordinance as presented. Dave Hamrick Director of Aviation ADDITIONAL SUPPORT MATERIAL None H:\USERS\SHARED\COUNCIL~2003 AGENDA ITEMS\062403 MEMO AMEND ALCOHOL ORDINANCE.doc -133- BAQKGROUND INFORMATION ADDITIONAL INFORMATION: I Currently the concessionaire for checkpoint. The airport staff an~ including the ability to purchase arrive. We are in the process of Chili's, including alcoholic beven and others have received reque: the ordinance so they could hav flights, such as is done at Love gross revenue and the airport's Chili's at the airport only has alcohol service post I others have received requests for Chili's service, alcoholic beverages, while waiting for passengers to ~egotiating with the concessionaire to add a full service ~ge service, pre-checkpoint. Additionally, airport staff ;ts from passengers waiting to board flights to amend ; a drink in the airline hold room areas while waitin,g_ for :ield. This would also increase the concessionaire s )ercentage. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Council approved amendment to this Ordinance on October 24, 2002 for the sole exception to allow consumption of alcoholic beverages upon the property of the Corpus Christi International Airport for special occasions as approved by the Dlirector of Aviation. BOARD/COMMITTEE REVIEW: This amendment was presented to and approved by the Airport Board on June 11,2003. -134- AN ORDINANCE AMENDING SECTION 9-37 OF THE CODE OF ORDINANCES RELATING TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES UPON THE PROPERTY OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUB~-ICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: i SECTION 1. Section 9-37 of tl~e Code of Ordinances is revised to read as follows: "Sec. 9-37. Consumption of alboholic beverages; intoxication. "(a) No person may be allowed to consume alcoholic beveraqes upon the property of the Corpus Christi Internationel Airport, except: "(1) Alcohol obtained fromm authorized franchise holders and lessees may be consumed in public areas of the second floor of the terminal building: "(2) The Director of Aviation may, in Director's discretion, approve additional exceptions for special occasions. "(b) No person may be intoxicated upon any of the property of the Corpus Christi International Airport." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3, A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. -135- SECTION 4. Publication of this ordinance shall be made in the official publication of the City of Corpus Christi as requ!red by the City Charter of the City of Corpus Christi, Texas. SECTION 5. Upon written reque~ attached, the City Council (1) find immediate action necessary for tt' and (2) suspends the Charter run ordinances at two regular meetinc upon first reading as an emergen ,t of the Mayor or five Council members, copy ~ and declares an emergency due to the need for e efficient and effective administration of City affairs that requires consideration of and voting upon ~s so that this ordinance is passed and takes effect ;y measure on the day of ,2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved /¢ day of ,~¢n P. Burke, Jr. ~sistant City A~orney For City A~orney ,2003. -136- 18 CITY COUNCIL AGIENDA MEMORANDUM City Council Action Date: June 24, 2003 AGENDA ITEM: ORDINANCE APPROPRIATING $~1,467.84 IN UNAPPROPR ATED INTEREST EARNINGS IN AIRPORT 1992 CIP FUND NO.~023 FOR THE AIRPORT TERMINAL PROJECT; AMENDING FY 2002-2003 CAPIT~L BUDGET ADOPTED BY ORDINANCE NO. 025144 TO INCREASE APPROPRIATIONS B¥$11,467 84; AND DECLARING AN EMERGENCY ISSUE: The interest income from the proceeds of this bond issue in this fund have not been appropriated. This ordinance will allow the appropriation o~the interest income which shall be used for the Term na Project. This will also allow staff to clolse the fund upon final expenditure of the unappropriated interest. REQUIRED COUNCIL ACTION: Approve all Ordinances. PREVIOUS COUNCIL ACTION: '~lone FUNDING: Funds are available in Airport 1992 CIP' Fund 3023 $11,467.84 CONCLUSION AND RECOMMENDATION: Staff recommends approval. Attachments: I--xhibit A: Background Department Head Signature -139- BACEGROUNDINFORMATION BACKGROUND: The interest income; appropriated. This is interest that h ordinance will allow the appropriation Project. This will also allow staff i n t e re st. rom the proceeds of this bond issue in this fund have not been as accumulated in this fund over several fiscal years. This of the interest income which shall be used for the Terminal close the fund upon final expenditure of the unappropriated - 140- ORDINANCE APPROPRIATING $11,467.84 IN UNAPPROPRIATED INTEREST EARNINGS IN AIRPOR'F 1992 CIP FUND NO. 3023 FOR THE AIRPORT TERMINAL PROJECT; AMENDING FY 2002-2003 CAPITAL BUDGET ADOPTED BY ORDINANCE NO.. 025144 TO INCREASE APPROPRIATIONS By $11,467.84, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CIT~ COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $11,467.84 isI appropriated in unappropriated interest earnings in the Airport 1992 CIP Fund No. 30231for the Airport Terminal Project... SECTION 2. That FY 2002-200:~ Capital Budget adopted by Ordinance No. 025144 is amended to increase appropriations by $11,467.84. SECTION 3. That upon written r~quest of the Mayor or five Council members, copy attached, the City Council (1) fin~ls 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 ,2003. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 9, 2003 Lisa Aguilar ~t Assistant City orney For City Attorney Samuel L. Neal, Jr. Mayor -141- 19 i CITY COUNCIL A1ENDA MEMORANDUM AGENDA ITEM: th a. Motion authorizing 9 City Manager Consolidated Annual ~ction Plan. b. Motion authorizing th( Ballet Nacional for irt ISSUE: Amending scope of work execution of a subrecipient agreemE requires City Council action. Date: June 24, 2003 or his designee to amend the FY2001 City Manager or his designee to execute an agreement with )rovements to the facility at 4411 Gollihar Road. in an approved Consolidated Annual Action Plan and the nt with Community Development Block Grant Program funds REQUIRED COUNCIL ACTION: ~,mend the FY2001 Consolidated Annual Action Plan and authorize the City Manager or his designee to execute an agreement with Ballet Nacional. C~RIOR: On May 15, 2001, the City Council adopted its FY2001 Consolidated Annual Action Plan or Community Planning and DevelOpment Programs (M2001-191). RECOMMENDATION: That the CityiCouncil amend the FY2001 Consolidated Annual Action Plan and authorize the City Manager or his designee to execute an agreement with the Ballet Nacional to provide funds to improve the facility located at 4411 Gollihar Road. IMPLEMENTATION SCHEDULE: See the attached contract summary. · ' ~ D~'-minguez, HC~partment ADDITIONAL SUPPORT MATERIAL Background Information Contract summary Director -145- BACKGROUNDINFORMATION On May 15, 2001, the City Council adopted its FY2001 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $8,446,519 that includes $6,281,519 for the CDBG Program (M2001-191i). Ballet Nacional was appropriated $73,715 in CDBG funds in addition to their capital contributiCn of $13,900 for a total budget of $87,615. At the time, Ballet Nacional was supported by the Paul and Barbara Black Foundation. In the original scope of work, the Foundation was going to purchase a historical building located on Mesquite Street. CDBG funding was going to rehabilitate the building, limited to the extent necessary to address the health and safety issues. Prior to injection of any CDBG funding, a permanent interest in the property must be obtained. Long term leases are considered to constitute a permanent interest for |his purpose if the lease is for a period of 15 years or more. The Paul and Barbara Black Foundation, later reformed as the Canales Foundation, could not commit to a long term lease with Ballet Nacional. As a result, the project was halted as it was originally proposed. Ballet Nacional has reassured the Department that they are still very interested in carry out the project. The project would now be located at their dance studio at 4411 Gollihar Road. Since the change of location has also resulted in a change of scope of work for Ballet Nacional, staff is recommending that we amend the FY2001 Consolidated Annual Action Plan and execute a Subrecipient Agreement with Ballet Nacional. Also, before any federal funds are expended, staff will ensure that Ballet Nacional has met the criteria in meeting the National Objective. -146- I1. VI. VII. Ballet Nacional FY2001 CDBG Contract Summary ALLOCATION: $ 13,90C 73,715 $ 87,61~ PRELIMINARY BUDGET: $ 7,00~c $ 80160 $ 87,615 SCOPE OF PROJECT: For ir CONSTRUCTION COMPLE'f SUBRECIPIENT'S RESPON,~ Provide access to all d, Furnish all maintenan Acquire and maintain i. Commercia Premises - C Contractual I Damage and The Subreci[ Certificates ¢ Ballet Nacional FY2001 CDBG Total budget Professional Fees New Construction Total budget ~rovements to the facility at 4411 Gollihar. )N: November 2003 ;IBILITY: )cuments, records related to project ,~ to facilities )e following insurance coverage: .~eneral Liability Insurance including Commercial Form, perations, Products/Completed Operations Hazard, 3surance, Independent Contractors, Broad Form Property Personal Injury for $1,000,000 Combined Single Limit. ,lent must furnish to the City Risk's Manager, 2 copies of f insurance, with the City as an Additional Insured for all liability policies, and a blanket waiver of subrogation on all applicable policies, showing the minimum coverage by an insurance company(s) acceptable tO the City's Risk Manager. ii. Fire and Extended Coverage, at a minimum, amount sufficient to cover the replacement cost of facilities and/or building City to be named as loss payee using standard loss payee clause. iii. Builders Risl~ Insurance, full value of any improvements constructed with CDBG Funds provided under this agreement, so long as work remains to be completed on such improvements. Comply with local, state and federal requirements Provide any additional funds needed for the completion of the improvements TERM: One year, however, SUbrecipient will be bound by all covenants, terms and conditions for a six-year period commencing on the date of execution. CHANGES AND AMENDMENTS: Modifications which do not change the essential scope and purpose of the agrbement may be approved by the City Manager. TERMINATION: In the event that Subrecipient does not meet one of the national objectives of the CDBG progiam, then Subrecipient will reimburse all CDBG funds not meeting national objectives tothe City. -147- 20 AG ENDA MEMORANDUM AGENDA ITEM: a. Ordinance authorizing the Ci lease with Texas A&M Unive the public parking lot des, subdivision of Padre Island, recorded in Volume 33, pag6 two CODAR Radio Towers providing for publication. City Council Action Date: May 27, 2003 :y Manager, or his designee, to execute an eleven month 'sity Corpus Christi for the use of a part of the area east of :ribed as Padre Island-Corpus Christi, Section A, a Nueces County, Texas as shown by map or plat thereof s 97, in consideration for the installation and operation of and providing for the maintenance of the premises; a. Ordinance authorizing the Cily Manager, or his designee, to amend an existing five year lease with Texas A&M Univetrsity Corpus Christi to extend the term of the lease to five years following the effective date of the lease and to include the use of a part of the area east of the public parking lot described as Padre Island-Corpus Christi, Section A, a subdivision of Padre Island, Nueces County, Texas as shown by map or plat thereof recorded in Volume 33, pagffs 97, and to extend the term of the lease in consideration for the installation and operation of two CODAR Radio Towers and providing for the maintenance of the premiseS; providing for publication. ISSUE: The Conrad Blucheri Institute at Texas A&M University Corpus Christi has requested permission to install a~ third CODAR radio system to monitor ocean currents off Padre Island. This requires a/ease amendment which must be approved by the City Council. FUNDING: The project is fully flJnded by the Conrad Blucher Institute through a National ~ ~undation grant. No expenditure of City funds will be made. RECOMMENDATION: Staff recommends ,approval of the ordinances as presented. 'Ange~'R,¢. Escobar, P.E., ' Director of Engineering Services Dan Whit~vorth, Director of Parks and Recreation Additional Support Material: Exhibit "A" Background Information Exhibit "B" Location Map/Site iMap -151- AGENDA MEMORANDUM ADDITIONAL BACKGROUND MEMORANDUM SUBJECT: Lease Agreement with Texas A&M University PRIOR ACTIONS: 1. June 20, 2000 - Ordinance authorizing the City Manager, or his designee, to execute an eleven montl~ lease with Texas A&M University Corpus Christi for the use of the area adjacent to northern most Hobie Cat launching ramp on North Beach and the area located north side of Ocean Drive Right of Way on Ward Island, in consideration for the installation and operation of two CODAR radio towers and providing for the maintenance of the premises (Ord. No. 024065). 2. June 20, 2000 ~ Ordinance authorizing the City Manager, or his designee, to execute a five year lease with Texas A&M University Corpus Christi for the use of the area adjacent to northern most Hobie Cat launching ramp on North Beach and the area located north side of Ocean Drive Right of Way on Ward Island, in consideration for the inslallation and operation of two CODAR radio towers and providing for the maintenance of the premises (Ord. No. 024066). BACKGROUND: Texas A&M University has been operating CODAR radio systems, which measure ocean currents over a large area for three years. The units provide current data for Corpus Christi Bay which is beneficial in tracking oil spills and erosion. The data is also of benefit to fishermen, recreational boaters, the Port and other maritime interests. The systems consist of a computer and radio equipment located in a small trailer or in a modified CONEX cargo container and two antennas. Power is supplied from commercial electrical utilities through a buried conduit. The modified CONEX containers measure 6' x 8' x 8' (LWH). The trailer has also been used during short term deployments to Matagorda Bay, Galveston, and south of Tampa, Florida. The two units in current operation are located at North Beach and Ward Island. The system uses a very Iow power (40 watts, FCC licensed), high frequency radio signal (13-25 MHz) to measure surface currents. The result is real time hourly maps of surface currents that are automatically posted to the internet. PROPOSED SITE: The Blucher Institute re. quested to establish a third current monitoring site on Padre Island. The proposed site would require the use of a small portion of the City property (Lot 15, Section A, Padre Island). ,That site was acquired by the City of Corpus Christi for beach access and parking. A location map is attached. See Exhibit B-1. The equipment will be placed so as to not obstruct pedestrian traffic between the beach and parking lot (See Exhibit B-2). The precise location will be approved by the Director of Parks and Recreation. The site has particular benefit to the City in that it may prove valuable in optimizing seaweed removal IExhibit A Page 1 of 2 H:\HOMEIKEVIN SIGEN\TAMUCC~AwdBkgExharound DOC -152- operations. EQUIPMENT: A modified CON~ a shell base or concrete slab, b container has an axle, trailer hit equipment can be disconnectec antenna cables will be buried t, provide coverage for this area a Texas coast. PADRE ISLES PROPERTY OV~ Review Board reviewed the pr( during their regular meeting of Condominium) does not object LEASES/LEASE TERMS: Cou an eleven month lease which wc iX container will be used at the proposed site. It will sit on At will be portable to satisfy flood plain regulations. The ;h and wheels that will stored inside the container. The from power by unplugging from the power supply. The prevent damage by wildlife. The site is necessary to part of a future grid to monitor currents along the entire ~IERS ASSOCIATION: The Association's Architectural posed use and equipment and approved the proposal March 20, 2003. The neighboring property (Portafina ~ the proposed use. cil is being asked to approve two leases. The first lease is JId be effective upon second reading with a 28-day delay between first and second readings. The second lease is a five year lease which would be effective 60 days after second rffading. The use of two leases allows the Blucher Institute to have access to the site at the eadiest po.ssible date. / Under the terms of the lease, thff City, to the:extent permitted by law, will be held harmless by the University. The City will ~ot liable for any vandalism that might occur to the units. Texas A&M University will maintain the premises during the term of the lease. Texas A&M University has agreed to relocate or remove the equipment should the City expand the parking lot or require the area fqr other uses. H:IHOM~KEVINSIGENITAMUCC~Awd BkgExharound DOC -153- Exhibit A ] Page 2 of 2 ~ Mproject \, councilexhibffs ~ exhRADlO TOWERS.dwg N PROJECT LOCATION LOCATION MAP NOT TO SCALE ANTENNA # I zo' WALKWAY~--ANTENNA # 2 GULF OF MEXICO SITE MAP NOT TO SCALE LEASE- TAMUOC / BLUCHER INSTITUTE (CODAR MONITORING STATION) CITY OF CORPUS CHRISTI, TEXAS -1,~t~- EXHIBIT "B" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE. 05/28/200,~ AN ORDINANCE AUTHORIZING THE CITY FIVE YEAR LEASE WITH FOR THE USE OF TI~ NORTHERN MOST HOBIE AND THE AREA LOCATE RIGHT-OF-WAY ON WAF LEASE TO FIVE YEARS I LEASE AND TO INCLUDE THE PUBLIC PARKING LC CHRISTI, SECTION A, A COUNTY, TEXAS, AS SHC IN VOLUME 33, PAGE 97, I AND OPERATION OF TVV, FOR THE MAINTENANCE PUBLICATION. BY THE CITY ~OUNCIL OF BE IT ORDAINED TEXAS: / VIANAGER, OR HIS DESIGNEE, TO AMEND A TEXAS A&M UNIVERSITY CORPUS CHRISTI E AREA LOCATED ADJACENT TO THE i CAT LAUNCHING RAMP ON NORTH BEACH D ON THE NORTH SIDE OF OCEAN DRIVE D ISLAND TO EXTEND THE TERM OF THE :OLLOWING THE EFFECTIVE DATE OF THE THE USE OF A PART OF THE AREA EAST OF )T DESCRIBED AS PADRE ISLAND-CORPUS SUBDIVISION OF PADRE ISLAND, NUECES ~WN BY MAP OR PLAT THEREOF RECORDED N CONSIDERATION FOR THE INSTALLATION ) CODAR RADIO TOWERS AND PROVIDING OF THE PREMISES; AND PROVIDING FOR THE CITY OF CORPUS CHRISTI, SECTION 1. a. That the City Ma lager, or his designee, is authorized to amend an existing five year lease with Texa.~ A&M University Corpus Christi for the use of the area located adjacent to the north .~rnmost hobie cat launching ramp on North Beach and the area located on the north .side of Ocean Drive right-of-way on Ward Island to extend the term of the lease to fiw'; years following the effective date of the lease, to include the use of a part of the ar( a east of the public parking lot described as Padre Island-Corpus Christi, Section A, ~ subdivision of Padre Island, Nueces County, Texas as shown by map or plat thereof n;corded in Volume 33, pages 97, in consideration for the installation and operation of tWo CODAR Radio Towers and providing for the maintenance of the premises. b. A copy of the lease is on file With the City Secretary. SECTION 2. The lease is to begin on the 61st day after City Council approval and will end on the five year anniversary tl~ereof. SECTION 3. Publication will be rqade in the official publication of the City of Corpus Christi as required by the City charter of the City of Corpus Christi. H:~LEG-DIR\BillA~Parl~\blucher institute ordinance doc -155- That the foregoing or..clj~ance wa~. read for the first time and passed to its second reading on this the ~,¢'/'bay of · F!,/~/-~ _, 2003, by the following vote: Samuel L Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly /~ .? Rex A. Kinnison /,~ J.~ ~-' Jesse Noyola Mark Scott (/~¢' ,/ That the foregoing ordinance was read for the second time and passed finally on this the __ Day of ,2003, by the following vote: Samuel L. Neal, Jr. Bill Kelly Brent Chesney Rex A. Kinnison Javier D. Colmenero Jesse Noyola Melody Cooper Mark Scott Henry Garrett PASSED AND APPROVED this the ATTEST: __ Day of ,2003. Armando Chapa, City Secretary APPROVED AS TO LEGAL FORM: BILL AINSWORTH ~, Assistant City Attorney For City Attorney Samuel L. Neal, Jr., Mayor City of Corpus Christi ,2003 -156- 21 A~ENDA MEMORANDUM PUBLIC HEARING - ZONIN( (City Council Action Date: June 24, 2003) Case No.: 0503-04~ Flint Hills Dwelling District and "A-I" Apartment Bay Heights, Block 22, Lots 1 through 2 Hulbirt and Noakes Streets. Planning Commission and Staf approved a Special Permit for a tempora~ Requested Council Action: Deni~ for a temporary off-street parking lot sul~ ordinance. Purpose of Request: For cormnercial dex Summary: The applicant has requested a parking lot for contractor parking. A t approximately September 1, 2003 throu~ approxmaately 412 parking spaces. Whe parking lot improvements and the site will as a buffer space between the refinery and ¢.esonrces~ L. P.: A change of zoning from a "R-lB" One-family House District to a "B-I' Neighborhood Business District on Nueces located between Nueces Bay Boulevard and Floral Street and between Recommendation (05/07/03): Denied, and in lieu thereof, off-street parking lot subject to a site plan and seven (7) conditions. of the "B-1" District, and in lieu thereof, approval of a Special Permit ect to a site plan and seven (7) conditions and adoption of the attached elopment. "B-I" Neighborhood Business District in order to construct a temporary xree-month period for maintenance of the refinery is scheduled from November 31, 2003. The parking lot is proposed to acconhmodate the maintenance schedule is complete, the applicant will remove the be returned to a grass surface with numerous large trees preserved for use he neighborhood to the east. The subject property is located between ~ n arterial street, Nueces Bay Boulevard, and three local streets, Floral, Noakes, and Hulbirt Streets. The entire ~ abject property is vacant. The property to the west across Nueces Bay Boulevard is outside the City limits and is >ccupied by heavy industrial uses associated with the applicant's refinery production and product storage facilities.! Block 23 is vacant and zoned a "R-lB" District and is owned by the applicant. The properties east of Floral Street are zoned a "R-lB" District and are occupied by single-family residences and owned by individuals. Lot~ south of Noakes Street are zoned an "A-I" District and "R-lB" District, are vacant, and are owned by the applicanti Traffic generated from the temporary parking lot will only have access to Nueces Bay Boulevard. To ensure access along Nueces Bay Boulevard only, a fenc~ not less than six (6) feet in height is proposed along the property with an access gate located along Nueces Bay Bo/alevard. With access provided along this area, traffic destined or exiting the subject site is anticipated to use Nuec~s bay Boulevard to I.H. 37, one block to the south. Minimal traffic is anticipated to access the adjoining neighboxhood streets to the east. The Westside Area Development Plan (a~opted July 27, 1989 and amended February 28, 1995) recommends low- density residential development for the bubject property. However, since the adopt/on of the Westside Area Development Plan, the refineries along theiwest side of Nueces Bay Boulevard have purchased the property between Nueces Bay Boulevard and Floral Street t6 eliminate residential uses located close to potentially hazardous refinery production and product storage facilities. Several of these properties to the north have been converted to parking and office uses associated w/th the refineries. The subject property and the surrounding property owned by the applicant serves as a buffer between the refinery to the west and the residential neighborhood to the east. -159- Agenda Memorandum Case No.: 0503-04 (Flint Hills Resources, L. P.) Page 2 The Plamting Cormmssion reconmnended the denial of the "B-I" District, and in lieu thereof, approval of a Special Permit for a temporary off-street parking lot subject to a site plan and the following seven (7) conditions: USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R-lB" One-family Dwelling District and an "A- 1" Apartment House District is a six (6) month temporary off-site parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 412 par}ting spaces. SCREENING: Temporary screening fence constructed with chain link and slats with a height of not less than six (6) feet must be installed] and maintained by the applicant: a) along a line parallel to and not less than 50 feet west of the Floral Street right-of-way line, and b) along a line parallel to and not less than five (5) feet north and south of the rights-of-way line of Noakes and Hulbirt Street, respectively, adjacent to and west of the fence required in Item (1) above. LANDSCAPING: As a temporary use, the normal landscape requirements are waived, and in lieu thereof, the following is required: a) a minimum 50-foot wide landscape buffer will be maintathed on the east end of the subject property along the Floral Street right-of-way. All healthy trees of 12-inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, h) all healthy trees of 12-inch caliper or more shall be preserved within 25 feet of Nueces Bay Boulevard and Noakes and Hulbitt Streets right-of-way lines. The ground area around the trees to be preserved must not be disturbed by excavation or filing of base or paving material within a distance often (10) feet from the tree trunk, e) a minimum five (5) foot-wide landscape area must be maintained along the north and north sides of Noakes and Hulbirt Streets between the public sidewalk and the screening fence, respectively, and d) existing healthy trees of a minimum 12-inch caliper located in the interior of the proposed parking lot and not in the aisles must be preserved. ACCESS: Vehicular access shall be allowed to and from Nueces Bay Boulevard only. Vehicular access is prohibited from Noakes, Floral, and Hulbirt Streets. LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of-way. 6. SIGNAGE: Except for directional signage, no other signage is permitted. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the ordinance or when the temporary parking use terminates and the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. In either case, the applicant must remove all base and paving material and fill the site with topsoil to the approximate grades which existed prior to the approval of the Special Permit and the applicant must reestablish grass on the entire site before the Special Permit expires, notwithstanding the trees preserved per Special Permit landscape requirements. -160- Agenda Memorandum 1 Case :No. 0503~04 (Flint Hills Resources L. P.) Page 3 Applicant's Position: The applicant concurs with Planning Comlrassion and Staff's recommendation / Notification: Prior to the date of this m~morandum, nine (9) notices were mailed to the proper~ owners within a 200-foot radius, of which one (1) wa~ returned in favor and none in opposition. This case is considered noncontroversial. The 20% rule is notch effect at the City Council hearing. Assistant Director of Development Services/ Director of Planning MG/FGM/er Attachments: 1) Zomng Report 2) Comments Received 3) Planning Comrmssion Minutes 4) Ordinances H:~P LN -DIR~ERMA\WORD~AG ENDMI~M\0503 -04AGENDAMEMO.DOC -161- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicaut: Legal Description/Location: 0503-04 May 7, 2003 K15C Flint Hills Resources, L. P. Nueces Bay Heights, Block 22, Lots 1 through 20, located between Nueces Bay Boulevard and Floral Street and between Hulbirt and Noakes Streets. Area of Request: Lot(s) Area: Current Zoning: 3.48 acres Same as above "R- 1B" One-family Dwelling District and "A-I" Apartment House District "B-1" Neighborhood Business District Vacant land. For temporary parking area. Not applicable - "A- I" Apartment House District and "R-lB" One-family Dwelling District - "R-lB" One-family Dwelling District - Out of City limits; not zoned. Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North, South East West Adiacent Land Use: North - (across Hulbirt Street) Vacant land. South - (across Noakes Street) Vacant land. East - (across Floral St] eel) Sing]e-family residences. West - (across Nueces Bay Boulevard) Oil sro]age tanks. -162- Zoning Report 1 Case No. 0503-04 (Flint Hills Resources, . P.) Page 2 Number of Residential Units Allo "R-1B" 14 units (1 unit for each "A-I" - 22 units (21.78 units per "B-I" - 79 unils (36.30 units per Estimated Traffic Generation: Parking lot - 2 average weekday ve average weekday vehicle trip ends. Adiacent Streets/Classification: a) b) c) d) NuecesBayBoulevard - col HulbirtStreet - 1o{ Floral Street -lo~al Noakes Street -lo~al Right-of-XVay Design CulTent: red: a) b) c) d) Planned: tatted lot). crc on 1.3 acres). cre on 2.18 acres). hicle trip ends per parking space x 414 parking spaces = 828 lector al 80-foor right-of-way with a ~8-foot back-to-back paved section. 50-foot right-of-way with a ~8- foot back-to-back paved section. 50-foot right-of-way with a ,28-foot back-to-back paved section. 50-foot right-of-way with a :28-foot back-to-back paved section. a-d) Same as current. 2001 Traffic Count (24-hour, wee}iday, non-directional): a) 5,700 vehicles per day (at I.H. 37) b-d) None available. Zoning History of Property: On November 1998, the subject property was granled a Special Permit for a temporary parking lot. On Seplember 1996, Lots 9, 10, and l 1, localed oo the southeast comer of h]terstate Highway 37 and Nueces Bay Boulevard aod southwest of the subjecl property, were granted a change of zoning from a "B-I" District o a "B-4" D~str~ct for an aulo repair facility. -163- Zoning Report Case No. 0503-04 (Flint Hills Resources, L. P.) Page 3 Planning StaffAnalysis: General Characteristics and Background: The applicant has requested a "B-I" Neighborhood Business District in order to construct a temporary parking lot for conlractor parking. A three-month period for maintenance of the refinery scheduled from approximately September 1, 2003 through November 31, 2003. The parking lot is proposed Io accommodate approximately 412 parking spaces. When the maintenance schedule is complete, the applicant will remove the parking lot improvements and the site will be returned to a grass surface with numerous large Irces preserved for use as a buffer space between the refinery and the neighborhood lo the east. The subject property is located betxveen an arterial street, Nueces Bay Boulevard, and three local streets, Floral, Noakes, and Hulbirt Streets. The entire subject property is vacant. The property to the west across Nueces Bay Boulevard is outside the City limits and is occupied by heavy industrial uses associaled wilh the applicant's refinery production and product storage facilities. Block 23 is vacant and zoned a "R-lB" District and is owned by the applicant. The properties east of Floral Street are zoned a "R-lB" District and are occupied by single-family residences and owned by individuals. Lots south of Noakes Street are zoned an "A-I" D/strict and "R-lB" Districl, are vacant, and are owned by the applicant. Traffic generated from the temporary parking lot will only have access to Nueces Bay Boulevard. To ensure access along Nueces Bay Boulevard only, a fence not less than six (6) feet in height is proposed along the property with an access gale located along Nueces Bay Boulevard. With access provided along this area, traffic deslined or exiting the subject site is anticipaled to use Nueces bay Boulevard to I.H. 37, one block to the south. Minimal t~affic is anticipated 1o access Ire adjoining neighborhood streets to the east. The Wcstside Area Development Plan (adopted July 27, 1989 and amended February 28, 1995) recommends low-density ~esidentia] development for the subject property. However, since the adoption of the Weslside Area Development Plan, the refineries along the west side of Nueces Bay Boulevard have purchased lhe property between Nueces Bay Boulevard and Floral Slreet to eliminale residential uses localed close lo potentially hazardous refinery production and producl storage facilities. Several of these properties to the north have been convened to parking and office uses associaled with the refineries. The subject property and the sun-ounding property owned by the applicant serves as a buffer betxveen lhe refinery to lhe west and lhe residential neighborhood lo the east. Polential Housing Density: The "R-lB" Districl on Lots 4 through 17 of the subject property pem~Jts a densJly of 7.26 units per acre and one unil per p]alled loi or 14 single-fmnily units. The existing "A-I" District on Lois 1 through 3 and 18 through 20 of the subject property pennils a density of 21.78 uuils per acre or a maxin]mn of 22 multi-family units. The p~oposed "B-I" Districl would permit 36.30 units per acre or 79 units. -164- Zoning Report 1 Case No. 0503-04 (Flint Hills Resources, . P.) Page 4 Height/Bulk/Setbacks/Etc.: 25 feet and minimum side an, a minimum front yard setbac (5) feet for single-family res and rear yard setbacks are 1( additional floor. The "B-I" no side or rear yard setbacks setback is required. The he "R-lB" District and 45 feet to a height of 35 feet. Sianage: The "R-lB" Distr allows one, 30-square foot and either one, 40-square loc per street frontage. The"B- ~n "R-lB" District requires a minimum front yard setback of I rear yard setbacks of five (5) feet. The "A-I" District requires ~ of 20 feet and a minimum side and rear yard setbacks of five dences and duplexes. For multiple-family dwellings, the side , feet for the first floor and an additional five (5) feet for each District requires a minimum front yard setback of 20 feet and unless adjacent to a residential district in which case a 10-foot ights of st~x~ctures are limited to 35 feet and 3 stories in an nd 3 stories in an "A-I" District. The "B-I" District is limited ct allows one, one-square foot wall sign. The "A-I" District all sign for properties with less than 100 feet of street frontage t wall sign or one, 40-square foot fi-eestanding sign per premise ' District allows one (1) forty square foot freestanding sign with a maximum height of 20 fe4t. Traffic: The traffic gcneralec Bay Boulevard. Access to th ora continuous six foot higl' subject site is anticipaled to, to the south. Very little Iraf from the lemporary parking lot will have access to only Nueces .- other tlzree adjoining streets will be prohibited through the use -security fence. The majority of traffic destined or exiting the ~se Nueces Bay Boulevard to Interstate Highway 37, one block lc is anlicipaled to use/he adjoining neighborhood streets. Parkinv,/Screening: The parl~ing lot is proposed as a temporary use for approximately six (6) months. The parking lot wild provide approximately 412 parking spaces which will provide adequale off-street parking for the duration of the refinery turnaround. The applicant has indicated that no employees !nor contractor employees will be allowed to park on any of the surrounding streets. A screening fence will be constructed by the applicant along Noakes, Hulbirt, and Floral Streets. When the project is completed, the parking lot and fencing will be removed and the site retraced to conditions which existed before the special permit was approved. Staff Recommendation: Denial of the "B-I" District, and in Iieu lhereof, approval ora Special Pem~it for a temporary off- slreel parking lot subject lo a site pllan and the following conditions: USES: ]'he only uses authorized by this Special Permit other than those uses permitted by right in an "R-lB" One-fam!ly Dwelling District and an "A-I" Apartment House District is a six (6) month lemporary off-site parking lol associated with the refinery located on the west side of Nueces Bay Boulevard and containing no inore than 412 parking spaces. SCREENING: Temporary screening fei'ice consu-acted wilh chain link and slats with a height of not ]ess than six (d) feet must be installed and mainlained by the applicant: -165- Zoning Reporl Case No. 0503-04 (Flint Hills Resomces, L. P.) Page 5 a) along a line parallel to and not less than 50 feel west of the Floral Street fight-of-way line, and h) along a line parallel to and not less than five (5) feel north and south of the r/ghts-of- ,:,,ay line ofNoakes a,d Hu]birt Street, respeclively, adjacent Io and west of the fence required in Item (1) above. LANDSCAPING: As a temporary use, lhe normal landscape requirements are waived, and in lieu thereof, the following is required: a) a minimum 50~foot wide landscape buffer will be maintained on the east end of the subjecl property along the Floral Streel right-of-way. All healthy trees of 12-inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, b) all healthy trees of 12-inch caliper or more shall be preserved within 25 feet of Nueces Bay Boulevard and Noakes and Hulbirt Streets right-of-way lines. The ground area around the trees Io be preserved must not be disturbed by excavation or filing of base or paving material within a distance often (10) feel fi.om the tree trunk, c) a minimum five (5) foot wide landscape area must be maiutained along the north and north sides of Noakes and Hulbii~. Slreets between the public sidewalk and the screening fence, respeclively, and d) exisling healthy trees of a lninimum 12-i~]ch caliper located in the interior of thc proposed parking lot aud not in the aisles must be preserved. ACCESS: Vehicular access shall be allowed lo ai~d from Nueces Bay Boulevard only. Vehicular access is prohibiled flora Noakes, Floral, and Hu]birt Streels. LIGHTING: All security lighting must be direclional and shielded. Lighting must be direcled away from the surronnding ~esidences and public rights-of-way. SIGNAGE: Except for di~eclJonal sJgnage, no other signage is pemnitted. TIME LIMIT: The Special Pennil expires oue (1) year from the effective date of the ordinance or when the temporm3, parking use lenninates and lhe sile is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first. In either case, Ibc applicant must ~emove all base and paving mateiSa] and fill the site with topsoil to the approximale grades which exisled prior 1o the approval of lhe Special Permit and the app]icanl must reeslab]ish grass on tine online sile before the Special Permit expires, nolwilhslanding the trees p~eserved per Special Pen]nit landscape requirements. -166- Zoningcase No.Rep°rt0503-04 (Flin! Hills Resources, L~ P.) Page 6 A~lachments: Zoning Map Site Plan H:\PLN-D1R ..ER M A'~WORD~ZON RPTS'~2003\0503-011CCR E PORT DOC -167- 0CL PC~qTDkC I-2 TRAC R-lB Apr 28, 2003- RP 0 100 200 300 CASE Z0503-04 Subject property Owners within 200 feet listed -168- on ottoched ownership list ~1 04/17/03 REVI DATE UPDATED TO REFLECT CURRENT CONDITIONS REVISIONS CDNFI]3ENTIAL FLINT HILLS RESOURCES, LP ond ShoII not be copied, reproduced or disclosed in ony FLINT. HILLS RI~SOURCI?g CORPUS GHRISTI COMPLE~ PROPOSED USE OF NUECES ~AY HEI6HTS BLOCK 22 DRAWN 3Y: DAVE: OdP 9/25/98 SCALE: GRAPH]C PRBJ. ND: N/A DWG NO.: E01C0020 IIREV':] -169- SITE PLAN "ATTACHMENT I" 0503-04 COMMENTS RECEWED FROM NOTICES MAILED Case No. 0503-04 Flint Hills Resources, L. P. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) Notices returned from within the 200-foot notification area: Favor: 2) Delmon C. Earls, 2926 Hulbirt 78407 No written comment, Opposition: None. I1. Responses received from outside the 200-foot notification area: Favor: None. Opposition: None. 111. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H:~PLN-DIR~ERMA\WORD~COMMDATA\0503-04COM M ENTS.DOC -170- Planmng Commission Meeting May 7, 2003 Flint Hills Resources, L. P.: 0503- REQUEST: "R-lB" One-family "B-I" Neighborhoo Heights, Block 22, I and Floral Street ar Berlanga abstained and left Ms. Goode-Macon presen surrounding area. Commissioner Richter opera The applicant has requested a temporary parking lot for contra~ refinery scheduled from approxim~ parking lot is proposed to accol maintenance schedule is complete, the site will be returned to a grass s~ space between the refinery and the 14 Dwelling District and "A-I" Apartment House District to t Business District on property described as Nueces Bay ,ots I through 20, located between Nueces Bay Boulevard between Hulbirt and Noakes Streets. : room. ed a slide illustration of the subject property and the d the public hearing. ~ "B-I" Neighborhood Business District in order to construct tot parking. A three-month period for maintenance of the lely September 1, 2003 through November 31, 2003. The ~modate approximately 412 parking spaces. When the :he applicant will remove the parking lot improvements and ~rface with numerous large trees preserved for use as a buffer eighborhood to the east. The subject property is loc: ted between an arterial street, Nueces Bay Boulevard, and three local streets, Floral, Noakes, and Hulbirt Streets. The entire subject property is vacant. The property to the west across Nm ces Bay Boulevard is outside the City limits and is occupied by heavy industrial uses associated with the applicant's refinery production and product storage facilities. Block 23 is vacant and 2oned a "R-IB" District and is owned by the applicant. The properties east of Floral Street are zoned a "R-lB" District and are occupied by single-family residences and owned by individuals. Lots south of Noakes Street are zoned an "A-I" District and "R-1B" District, are vacant, an0 are owned by the applicant. Traffic generated from the temporary parking lot will only have access to Nueces Bay Boulevard. To ensure access along]Nueces Bay Boulevard only, a fence not less than six (6) feet in height is proposed along the iproperty with an access gate located along Nueces Bay Boulevard. With access provided ¢long this area, traffic destined or exiting the subject site is anticipated to use Nueces bay Boulevard to I.H. 37, one block to the south. Minimal traffic is anticipated to access the adjoining neighborhood streets lo the east. The Westside Area Development Plan (adopted July 27, 1989 and amended February 28, 1995) recommends low-density residential development for the subject property. However, since the adoption of the Westside Area Development Plan, the refineries along the west side of Nueces Bay Boulevard have purchased the property between Nueces Bay Boulevard and Floral Street to eliminate residential uses lbcated close to potentially hazardous refinery production and product storage facilities. Several o~flhese properties to the north have been converted to parking -171- Planning Commission Meeting May 7, 2003 Case No. 0503-04 (Flint Hills Resources, L. P.) Page 2 and office uses associated wilh the refineries. The subject properly and the surrounding property owned by the applicant serves as a buffer between the refinery to the west and the residential neighborhood to the east. Staff recommends denial of the "B-I" District, and in lieu thereof, approval of a Special Permit for a temporary off-street parking lot subject 1o a site plan and the following conditions: USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R-lB" One-family Dwelling District and an "A-I" Apartment House District is a six (6) month temporary off-site parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 412 parking spaces. SCREENING: Temporary screening fence constructed with chain link and slats with a height of not less than six (6) feet must be installed and maintained by the applicant: a) along a line parallel to and not less than 50 feet west of the Floral Street right-of- way line, and b) along a line parallel to and not less than five (5) feet north and south of the rights- of-way line of Noakes and Hulbirt Street, respectively, adjacent to and west of the fence required in Item (1) above. LANDSCAPING: As a temporary use, the normal landscape requirements are waived, and in lieu thereof, the following is required: a) a minimum 50-foot wide landscape buffer will be maintained on the east end of the subject property along the Floral Street right-of-way. All healthy trees of 12- inch caliper or more must be preserved. Grass cover must be established and maintained within this buffer area, b) all healthy trees of 12-inch caliper or more shall be preserved within 25 feet of Nueces Bay Boulevard and Noakes and Hulbirt Streets right-of-way lines. The ground area around the trees to be preserved must not be disturbed by excavation or filing of base or paving material wilhin a distance often (10) feet from the tree trunk, c) a minimum five (5) foot wide landscape area must be maintained along the north and north sides of Noakes and Hulbirt Streets between the public sidewalk and the screening fence, respectively, and d) existing healthy trees of a minimum 12-inch caliper located in the interior of the proposed parking lot and not in the aisles must be preserved. -172- Planning Comrmssion Meeting May 7, 2003 Case No. 0503-04 (FI nt Hills Resomces, I~. P.) Page 3 ACCESS: Vehicular acces Vehicular access is prohibitl LIGHTING: All security directed away from the sum 6. SIGNAGE: Except for dire TIME LIMIT: The Speci ordinance or when the ten conditions which existed pi first. In either case, the apl site with topsoil to the apl: Special Permit and the apl Special Permit expires, not~ requirements. Gary Kariger, representing parking area. He added that the shall be allowed to and from Nueces Bay Boulevard only. from Noakes, Floral, and Hulbirt Streets. ghting must be directional and shielded. Lighting must be unding residences and public rights-of-way. ctional signage, no other signage is permitted. tl Permit expires one (1) year from the effective date of the tporary parking use terminates and the site is returned to ior to the approval of the Special Permit, whichever occurs ,licant must remove all base and paving material and fill the roximate grades which existed prior to the approval of the ~licant must reestablish grass on the entire site before the /ithstanding the trees preserved per Special Permit landscape :he applicant, stated that the subject property is a temporary triveway will be caliche, and that the trees would not be removed. Mr. Kariger informed the Commission that the use would be to provide parking for employees who would be working ~n a large project inside the refinery. Daniel Pena 2813 Hulbirt, ~tated that the access via Nueces Bay is a problem because the entrance to the parking lot is 300-fret from the intersection of Navigation and Interstate 37 which creates traffic congestion during t~eak hours. He suggested that the employees be allowed to egress/ingress via Noakes Street. Ms. Macon stated that additional traffic is not encouraged on a local street. Public hearing was closed. Motion by Amsler, seconded by Smith, to forward a recommendation for approval of the Special Permit. Motion passed with Berlanga abstaining and Zamora being absent. -173- Page 1 of 4 AN ORDINANCE AMENDING THE ZONI!NG ORDINANCE, UPON APPLICATION BY FLINT HILLS RESOURCES, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO NUECES BAY HEIGHTS, BLOCK 22, LOTS 1 THROUGH 20, (CURRENTLY ZONED "R-lB" ONE-FAMILY DWELLING DISTRICT AND "A-I" APARTMENT HOUSE DISTRICT) BY GRANTING A SPECIAL PERMIT FOR A TEMPORARY OFF-STREET PARKING LOT SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; AMENDING THE COMI~REHENSIVE 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 of Flint Hills Resources, LP for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 7, 2003, during a meeting of the Planning Commission, and on Tuesday, June 24, 2003, 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 granting a Special Permit for a temporary off-street parking lot subject to a site plan and seven (7) conditions on Lots 1 through 20, Block 22, Nueces Bay Heights, (currently zoned "R-1B" One-family Dwelling District and "A-1" Apartment House District), located between Nueces Bay Boulevard and Floral Street and between Hulbirt and Noakes Streets, as shown on the attached Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following seven (7) conditions: USES: The only uses authorized by this Special Permit other than those uses permitted by right in an "R-lB" One-family Dwelling District and an "A-I" Apartment House District is a six (6) month temporary off-site parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 412 parking spaces. H:\LEG-DIR~JOS EPH~ZONING\0503-04SP DOC -174- SCREENING: Temporal with a height of not less applicant: a) Along a line parall right-of-way line, Along a line pars the rights-of-way I to and west of the LANDSCAPING: As a 1 waived, and in lieu there¢ a) A minimum 50-foc end of the subject trees of 12-inch cz established and m b) All healthy trees ¢ feet of Nueces Ba, lines. The grounl disturbed by exc~ distance of ten (10 Page 2 of 4 y screening fence constructed with chain link and slats 3an six (6) feet must be installed and maintained by the ~1 to and not less than 50 feet west of the Floral Street ~d el to and not less than five-(5) feet north and south of ne of Noakes and Hulbirt Street, respectively, adjacent =ence required in Item (1) above. ~mporary use, the normal landscape requirements are the following is required: wide landscape buffer will be maintained on the east ~roperty along the Floral Street right-of-way. All healthy liper or more must be preserved. Grass cover must be ~intained within this buffer area, 12-inch caliper or more shall be preserved within 25 Boulevard and Noakes and Hulbirt Streets right-of-way area around the trees to be preserved must not be cation or filing of base or paving material within a feet from the tree trunk, c) A minimum five (~;) foot wide landscape area must be maintained along the north and no~h sides of Noakes and Hulbirt Streets between the public sidewalk an~d the screening fence, respectively, and d) Existing healthy trees of a minimum 12-inch caliper located in the interior of the proposed parking lot and not in the aisles must be preserved. ACCESS: Vehicular accpss shall be allowed to and from Nueces Bay Boulevard only. Vehicular access is~ prohibited from Noakes, Floral, and Hulbirt Streets. LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and public rights-of-way. SlGNAGE: Except for directional signage, no other signage is permitted. TIME LIMIT: The Special Permit expires one (1) year from the effective date of the ordinance or when the temporary parking use terminates and the site is returned to conditions which existed prior to the approval of the Special Permit, whichever occurs first, lin either case, the applicant must remove all base and paving material and fill the site with topsoil to the approximate grades which H:\LEG-DIR~JOSEPH~_ONING\0503-04SP.DOC -175- Page 3 of 4 existed prior to the approval of the Special Permit and the applicant must reestablish grass on the entire site before the Special Permit expires, notwithstanding the trees preserved per Special Permit landscape requirements. SECTION 3. 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 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, 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 $. That to the extent ~hat 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 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. 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 8. 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 24th day of June, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED 'J~ ,~ Joseph Harney Assistant City Attorney For City Attorney 2003 Samuel L Neal, ,,Ir. Mayor, The City of Corpus Christi H:\LEG-DIR~JOSEPH~ZONING\0503-04SP DOC -176- Page 4 of 4 Corpus Christi, Texas __ day of ,2003 TO THE MEMBERS OF THE CI Corpus Christi, Texas For the reasons set forth in the emergency exists requiring sus~ voting upon ordinances at two suspend said Charter rule and at the present meeting of the C Respectfully, Council Members COUNCIL ,mergency clause of the foregoing ordinance, an ension of the Charter rule as to consideration and ~gular meetings. I/we, therefore, request that you ass this ordinance finally on the date it is introduced, or Council. Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Cotmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR~JOSEPH~ONING\0503-04SP.DOC -177- 04/i7/03 UPDATED TD REFLECT CURR{'NI CI)NDiT[(]NS RE¥IS;IBNS RESOURC'~.S CORPUS CHRISTI COMPLEX -178- SITE PLAi',I "ATTACHMENT 1" 0503-04 Page 1 of 3 ~ AN ORDINANCE AMENDING THE ZONI FLINT HILLS RESOURC REFERENCE TO NUE THROUGH 20, FROM "!; "A-I" APARTMENT H( BUSINESS DISTRICT; ACCOUNT FOR AN COMPREHENSIVE PLI DECLARING AN EMER( WHEREAS, the Planning Comrr recommendations concerning th amendment to the City of Corpu WHEREAS, with proper notice t, May 7, 2003, during a meeting c 2003, during a meeting of the Ci City of Corpus Christi, during wh be heard; and ~IG ORDINANCE, UPON APPLICATION BY ES, LP BY CHANGING THE ZONING MAP IN CES BAY HEIGHTS, BLOCK 22 LOTS 1 -IB" ONE-FAMILY DWELLING DISTRICT AND ~USE DISTRICT TO "B-I" NEIGHBORHOOD ~MENDING THE COMPREHENSIVE PLAN TO ~' DEVIATIONS FROM THE EXISTING ,N; PROVIDING FOR PUBLICATION; AND ~ENCY. ission has forwarded to the City Council its reports and application of Flint Hills Resources, LP for Christi Zoning Ordinance and Zoning Map; ) the public, public hearings were held on Wednesday, Fthe Planning Commission, and on Tuesday, June 24, :y Council, in the Council Chambers, at City Hall, in the ich all interested persons were allowed to appear and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and corivenience 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 on Lots 1 through 20, Block 22, Nueces Bay Heights, located between Nueces Bay BOulevard and Floral Street and between Hulbirt and Noakes Streets, from "R-1B" One-family Dwelling District and "A-1" Apartment House District to "B-I" Neighborhood BUsiness District. SECTION 2. That the official Zdning 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, 1937, 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. H:\LEG~DIR~JOSEPH~ZONING\0503-04REGULAR.DOC -179- 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 24th day of June, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED ~/~, _ ~; Joseph/~-arney/% Assistant City Attorney For City Attorney 2003 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:\LEG-DIR\JOSEPH~ONING\0503-04REGU LAR.DOC -180- Page $ of 3 Corpus Christi, Texas day of ,2003 / / TO THE MEMBERS OF THE CI~FY COUNCIL Corpus Christi, Texas For the reasons set forth in the ~mergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two r~gular meetings. I/we, therefore, request that You suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the Ci' Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\JOSEPH~ONING\0503-04RE~GULAR.DOC -181- 22 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: June 24, 2003) Cas,e, No.: 0503-05, Robert A. l~lay: A change of zoning from a "A-I" Apartment House District to a "B-4 ' General Business District on Flo~ar Bluff and Encinal Farm and Garden Tracts, benig 1.435 acres out of Lot 12, Section 28, located east of LeYcington Road and approximately 250 feet south of South Padre Island Drive. Pianninl~ Commission and Staff, s Recommendation (05/07/03): Approval. Requested Council Action: ApprOval of the "B-4" District and adoption of the attached ordinance. Purpose of Request: For retail boat sales and services. Summary: The applicant has requested a change of zoning from a "A-I" Apartment House District to a "B-4" General Business District. The purpose of the request is to establish a boat sales and service use on 16.711 acres in conjunction with the property to the north fronting the South Padre Island Drive access road. The proposed plans for the development include the construction of two (2) buildings with a combined area of 10,000 square feet and maximum building height of 15-feet. The use will operate Monday through Saturday from 7am to 10pm with rotating shifts for approximately ten (10) employees. The subject property has direct access along Lexington Road, a rural collector, that connects directly to South Padre Island Drive access road. However, primary access to the facility will be provided along the South Padre Island Drive frontage road. Traffic generated from the proposed boat sales and service use is estimated at 210 vehicle trip ends per day and can be accommodated by the existing street systems. Property north of the subject property is zoned a "B-4" General Business District, whereby the boat sales and service use will primarily be located. Further north along South Padre Island Drive the "B4 District developed with a bait and tackle store and a boat sales and service use. To the east is agriculture land zoned with a "B4" District that fronts South Padre Island Drive and extends 600 feet south past the subject property. Along the south boundary line of the subject property is agriculture property zoned an "A-I" District. Across Lexington Road from the subject property is a large tract of "R-lB" District property that is agriculture lands. The Southside Area Development Plan recommends the area to develop with low-density residential. The "A-I" District is a medium density use which is comparable to the density of some commercial uses. The Comprehensive Plan Elements can be supportive of the requested "B-4" General Business District since the subject property is an extension the existing "B4" District to the north and east. Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation Notification: Prior to the date of this memorandum, eight (8) notices were mailed to the property owners within a 200-foot radius, of which none were returned in favor or in opposition. This case is considered noncontroversial. The20% rule is not in effect at the City Council hearing. ' ~//~./ff~;//~/ .,~ ..... Mtchael N. Gunmng--'" ' ' ' * - ' , AICP ,] Assistant Director of Development Servic4s/ Director of Planning MG/FGM/er Attachments: 1) Zoning Report 2) Comments Received 3) Planning comnnssion Minutes 4) Ordinance H 5PLN-DIR\ERMA\WORDXAGENDMEM\0503 -05AGEN DAM EMO.DOC -185- CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: Flour Bluff and Encinal Farm and located east of Lexington Road an, Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: 0503-05 May 7, 2003 H17C Robert A. May 3arden Tracts, being 1.435 acres out of Lot 12, Section 28, tpproximately 250 feet south of South Padre Island Drive. 16.711 acres Same as above "A-I" Apartment House District "B-4" General Business District Farm land. Retail boat sales and services. Not applicable North and East - "B-4" General Bus/ness District South-" A-1" Apartment House DiStrict West - "R-lB" One-family Dwelling District Adiaeent Land Use: North - Agriculture land, bait and tackle use and boat sales and services. South, East and West - Agriculture land. -186- Zoning Report Case No. 0503-05 (Robert A. May) Page 2 Number of Residential Units Alloy "A-I" - 210 units (21.78 units per: "B-4" - 80 units (36.30 units per az Estimated Traffic Generation: Boat Sales - 21.03 average weekday square feet of gross floor area = 21¢ Adiacent Streets/Classification: ed: tcre) re) vehicle trip ends 1,000 square feet of gross floor area x 10,000 average weekday vehicle trip ends. a) Lexington Road - r~ral collector b) South Padre Island Drive - l~reeway/Expressway Right-of-Way Design Current: a) 70-foot right-of-way with a 20-foot back-to-back paved section b) 400-foot right-of-way with a1200- foot back-to-back paved section Planned: a) 75-foot right-of-way with a 50 foot back-to-back paved section. c) Same as current. 2001 Traffic Count (24-hour~ weekday~ non-directional): a) 450 vehicles per day. c) 73,340 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zonin~ Cases: There has been no rezoning activity within the past five (5) years. -187- Zoning Report Case No. 0503-05 (Robert A. May) Page 3 Planning Staff Analysis: General Characteristics and ~ from a "A-t" Apartment Horn of the request is to establish a the property to the north fron~ plans for the development in area of 10,000 square feet an, Monday through Saturday employees. The subject prop that connects directly to Soutl the facility will be provided generated from the proposed 1 per day and can be accomm subject property is zoned a" service use will primarily be 1 District developed with a bail ack~ound: The applicant has requested a change of zoning e District to a "B-4" General Business District. The purpose ~oat sales and service use on 16.711 acres in conjunction with ing the South Padre Island Drive access road. The proposed :lude the construction of two (2) buildings with a combined I maximum building height of 15~feet. The use will operate ,n, 7am to 10pm with rotating shifts for approximately ten (10) ,rty has direct access along Lexington Road, a rural collector, ~ Padre Island Drive access road. However, primary access to along the South Padre Island Drive frontage road. Traffic ~oat sales and service use is estimated at 210 vekicle trip ends )dated by the existing street systems. Property north of the B-4" General Business District, whereby the boat sales and ~cated. Further north along South Padre Island Drive the "B-4 and tackle store and a boat sales and service use. To the east is agriculture land zoned with a "B-4" District that fronts South Padre Island Drive and extends 600 feet south past the subject properly. Along the south boundary line of the subject property is agriculture property zoned an "A-I" District. Across Lexington Road from the subject property is a large tr~tct of"R-1B" District property that is agriculture lands. The Southside Area Developmefit Plan recommends the area to develop with low-density residential. The "A-I" District is a medium density use which is comparable to the density of some commercial uses. The Comprehensive Plan Elements can be supportive of the requested "B-4" General Business District since the subject property is an extension the existing "B-4" District to the north and east. Potential Housing Density: The "B-4" District permit a density of 36.30 units per acre or 80 units and the "A-I" District 21.78 units per acre or 210 units. Height/Bulk/Setbacks/Etc.: The front setback for an A-I" District is 20 feet. Side and rear yard setbacks are 10 feet for one-story buildings and an additional 5 feet for each floor above the first, with a maximum se~ack of 30 feet. The "A-I" District permits a height of 45 feet not to exceed 3 stories. The "B-4" District requires a front yard setback of 20 feet and no side or rear yard setbacks nnlcss adjacent to residential zoning. Along the south property line residential zoning exist, whereby a 10-foot setback is required. A "B-4" District has no height limitations. Si~nage: The "A-I" Distriat permits one (1) thirty (30) foot wall identification sign for properties consisting of less than one hundred (100) feet of street frontage. Multi-family use with ten (10) units or more located on a lot with less than one hundred (100) feet of street frontage is permitted one (1) ground or monument freestanding sign in lieu of a wall sign. Such sign is required to maintain a ten- (10) feet setback from the property line and shall not -188- Zoning Report Case No. 0503-05 (Robert A. May) Page 4 exceed ten (10) feet in height or twenty (20) square feet in area. Properties consisting of more than one hundred (100)peet of street frontage in the "A-I" District are permitted either one (1) forty (40) square foot call identification sign or one (1) forty (40) square foot ground or monument freestanding sign per premise per street frontage. A front yard sign setback of ten (10) feet in height, hq addition to the stated allowable signage, multi-family properties are permitted one (1) banner ~ign of an unlimited area on a temporary basis, not to exceed thirty (30) days once a 3ear. ~'he B-4 D;stnct permits tmhm~ted sign area and hmght when such sign is placed behind th~ 20-foot front yard setback. Traffic: The proposed boat sa!es and service use could generate an estimated 210 vehicle trip ends along Lexington Road that directly connects to South Padre Island Drive access road. No adverse impact should occur. Parking/Screening The proposed boat sales and service use would be required to provide screening along the south property line. Pros: (Ideas in support of the request.) a) The subject property has access on Lexington Road that connects directly to South Padre Island Drive access road. b) The requested "B-4" District is an expansion of the existing "B~4" District to the north. Cons: (Ideas in supporl ofmaintainting the current zoning.) a) None. Staff Recommendation: Approval. Attach ments: Zoning Map H :\PLN -DIR \ERM A \WORD~2;ON RPTS~2003\05034)5CCR EPORT.DOC -189- JOSLIN TRACT B-4 R-lB R-lB B-4 R-lB B-4 SUBJE PARCEL FLOUR BLUFF & ENCINAL FARM GARDEN TRACT 52C A-I B-4 A-2 Apr 28, 2003 -- RI= 0 100 200 300 CASE Z0503-0~5 ~ Subject property [~ Owners within 200 feet listed 90- on attached ownership list · - FAVOR X - OPPOSED OOMMENTS RECEIVED FROM NOTICES MAILED Case No. 0503~05 Robert A. May (Note: The listed numbers correspo)d to the attached map.) Notices returned from withifi the 200-foot notification area: Favor: None.i Opposition: None. II. III. Responses received from oulside the 200-foot notification area: Favor: None. Opposition: None. Responses received from owners/applicants of subject area: Favor: None. Opposition: None. H 5PLN-DIR',ERMA\WORD\COMM DATA\0503-05COM M ENTS doc -191- Planning Conunission Meeting May 7, 2003 Robert A. May: 0503-05 REQUEST: "A-I" Apartment House District to "B-4" General Business District on property described as Flour Bluff and Encinal Farm and Garden Tracts, being 1.435 acres out of Lot 12, Section 28, located east of Lexington Road and approximately 250 feet south of South Padre Island Drive. Commissioner Stone abstainbd and left the room. Ms. Goode-Macon providedI a computerized slide illustration of the subject property and the surrounding area. The applicanti has requested a change of zoning from a "A-I" Apartment House District to a "B-4" General Business District. The purpose of the request is to establish a boat sales and service use on 16.71 i acres in conjunction with the property to the north fronting the South Padre Island Drive access road. The proposed plans for the development include the construction of txvo (2) buildings with a combined area of 10,000 square feet and maximum building height of 15-feet. The use will operate Monday through Saturday from 7am to 10pm with rotating shifts for approximately ten (10) employees. The subject property has direct access along Lexington Road, a rural collector, that connects directly to South Padre Island Drive access road. However, primary access to the facility will be provided along the South Padre Island Drive frontage road. Traffic generated from the proposed boat sales and service use is estimated at 210 vehicle trip ends per day and can be acconm~odated by the existing street systems. Property north of the subject property is zoned a "B-4" General Business District, whereby the boat sales and service use will primarily be located. Further north along South Padre Island Drive the "B-4 District developed with a bait and tackle store and a boat sales and service use. To the east is agriculture land zoned with a "B-4" District that fronts South Padre Island Drive and extends 600 feet south past the subject property. Along the south boundary line of the subject property is agriculture property zoned an "A-I" District. Across Lexington Road from the subject property is a large tract of "R-lB" District property that is agriculture lands. The Southside Area Development Plan recommends the area to develop with low-density residential. The "A-I" District is a medium density use which is comparable to the density of some commercial uses. The Comprehensive Plan Elements can be supportive of the requested "B-4" General Business District since the subject property is an extension the existing "B-4" District to the north and east. Therefore, Staff recommends approval of the rezoning request. Commissioner Richter opened the public hearing. Mr. Saldafia stated that if property fronts South Padre Island Drive, access would be limited to South Padre Island Drive; however, if the property fronts Lexington Road, access would be via Lexington Road. Tim Clower, representing the applicant, stated that the primary access to the structure would be via South Padre Island Drive; however, if the Traffic Division allows access to Lexinglon Road, the applicant could access Lexington Road. -192- Planning Commission Meeting May 7, 2003 Case No. 0503-05 (Robert A. May) Page 2 Public hearing was closed. Motion by Smith, seconded bY Salazar, to forward a recommendation for approval of the rezoning request. Motion passed wilh Stone abstaining and Berlanga and Zamora being absent. -193- Page 1 of 3 AN ORDINANCE AMENDING THE ZONI ROBERT A. MAY BY Gl TO 1.435 ACRES OUT ( GARDEN TRACTS, SEC HOUSE DISTRICT TC NIG ORDINANCE, UPON APPLICATION BY tANGING THE ZONING MAP IN REFERENCE )F FLOUR BLUFF AND ENCINAL FARM AND TION 28, LOT 12, FROM "A-I" APARTMENT ' "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMFREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM +THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLI~CATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Robert A. May for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice tO the public, public hearings were held on Wednesday, May 7, 2003, during a meeting of the Planning Commission, and on Tuesday, June 24, 2003, 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 on 1.435 acres out of Lot 12, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located east of Lexington Road and approximately 250 feet south of South Padre Island Drive from "A-I" Apartment House District to "B-4" General Business District, as described on the attached 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, 1937, 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. H:\LEG-DIR\JOSEPH~ZONING\0503-05REGULAR.DOC -194- Page 2 of 3 SECTION 5. That all ordinances or pads of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication si]all be made in the official publication of the City of Corpus Christi as required by thee City Charter of the City of Corpus Christi. SECTION 7. That upon written attached, the City Council (1) f immediate action necessary for and (2) suspends the Charter r, two regular meetings so that thi, emergency measure on this 24" 'equest of the Mayor or five Council members, copy inds and declares an emergency due to the need for :he efficient and effective administration of City affairs ale as to consideration and voting upon ordinances at . ordinance is passed upon first reading as an day of June, 2003. ATTEST: Armando Chapa City Secretary APPROVED Joseph H~rney Assistant City Attorney For City Attorney 2003 THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr, Mayor, The City of Corpus Christi H:\LEG-DIR\JOSEPH~ONING\0503-O5REGULARDOC -195- Page 3 of 3 Corpus Christi, Texas __day of ,2003 TO THE MEMBERS OF THE CiTY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency exists requiring SUSl voting upon ordinanCes at two r suspend said Charter rule and [ at the present meeting of the Ci Respectfully, mergency clause of the foregoing ordinance, an ension of the Charter rule as to consideration and gular meetings. I/we, therefore, request that you ass this ordinance finally on the date it is introduced, or ' Council. RespecEully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\JOSEPH~ZONING\0503-05RI~GULAR.DOC -196- Si'ATP, OF T'r_.XAS cot,']K'rY O; Nu~~--s { EXI~IBIT "A~ 4- Weis~h, P.t~,, R.P.L.S. 0503-05 -197- N~9'O0' OOZE. ~00[ 00' I LOT 12 $~'CT. 28, Fa & EF i& ~r u $28'$g'44"W 100.00-' " METES AND ~UNDS DE~CRI_P_7tON -198- 0503-05 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: July ith Big Bang Celebration June 24, 2003 STAFF PRESENTER(S): Name 1. Diana Garza OUTSIDE PRESENTER(S): Name 1. Sharon Emerson 2. Vic Menard 3. Mike Lind 4. Debbie Lindsey Opel 5. Al Cantu ISSUE: A brief presentation on the Celebration. Title/Position Department Mayor's Office Assistant to the Mayor Title/Position Or,qanization Co-Chairperson, Mayor's Committee, July 4th Co-Chairperson, Mayor's Committee, July 4th Co-Chairperson, Mayor's Committee, July 4th Marketing/Public Affairs, HEB Chairman, Mayor's Committee on Veteran's Affairs danned activities for the annual July 4~ Big Bang REQUIRED COUNCIL ACTION: No Council action is required. For presentation purposes only. Additional Background E] Exhibits [3 -201- 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Padre Islan~ Desalination Plant Feasibility Analysis and Siting Plan - Stage 1 Findings and Recommendations STAFF PRESENTER(S): Name Title/Position Department 1. Ronald F. Massey 2. 'Angel R. Escobar, P.E. 3. Eduardo Garana, P.E. Asst. City Manager Director Director Public Works Engineering Svcs. Water Dept. OUTSIDE PRESENTER(S): Name Title/Position John S. Heckler, P.E. Partner in Charge Or.qanization Carollo Engineers and '(~commend~ lions to the City. E~'~, r'do Garafia,,P.E. Director of Water'Services ISSUE: Potable water service on Padre Island will be improved by the addition of desalination and storage facilities to meet the increasing water demands of this service area. Thi briefing provides a summary of the Assessment Phase findings ~n~e'l R. Escobar, P. E., Director of Engineering Services Attached Support Materials: Exhibit "A" Project Background Exhibit "B" Project Status Briefing Exhibit"C" Updated Project Schedule Exhibit"D" PowerPoint Presentation -205- Padre Island Desalination Project Feasibility An~alysis and Siting Plan (Project No. 8423) Presentation to City Council - June 24 2003 Exhil~it "A" - Project Background PROJECT BACKGROUND: The City of Corpus Christi supp delivered by an existing 24-inct' les drinking water used on Padre and Mustang Islands, pipeline crossing the Laguna Madre. Current water usage on North Padre and Mustang Islan :Is is approximately 3 million gallons daily (mgd), which is approaching the capacity of th~ existing facilities. Future growth on the Islands is expected to increase demand. This project has two primary objectives: to improve water service for the Islands in the near term; and toiprovide a longer-term water system to support projected demand increases. To meet these objectives, the City is pursuing desalination treatment and storage facilities to be located On Padre Island. PRIOR COUNCIL ACTION: 1. January 15, 2002- Approval of the FY 2001-02 Capital Improvement Budget (Ordinance No. 024730) 2. December 10, 2002 - First Reading of the Ordinance approving the FY 2002 - 2003 Capital Improvement Budget 3. December 17, 2002 - Execution of Engineering Services Contract for Assessment Phase of Padre Island Desalination Project (Project No. 8423) PRIOR ADMINISTRATIVE AC'IlION: 1. September 17, 2001 - Distribution of Request for Proposals (RFP) No. 2001-07 (Padre Island Desalination Plant Feasibility Analysis and Siting Plant) to 136 engineering firms (47 local and 89 out-of-town). 2. October 22, 2001 - Addendum No. 1 to the Request For Proposals (RFP) No. 2001-07 (Padre Island Desalination Plant Feasibility Analysis and Siting Plant) to 136 engineering firms (47 local and 89 out-of-town). 3. April 28, 2003 - Ammendment No. 1 to the agreement between City and NE modifying insurance requirements for members of the technical expert committee. FUTURE COUNCIL ACTION / APPROVAL OF: · NE amendments for future design/construction services; and · Construction contracts to complete production facilities as required -206- EXHIBIT "A" 1 Page 1 of 3 PROJECT DESCRIPTION: The City of Corpus Christi, via City Council action on December 17, 2002, retained the Carollo Engineers team to pre~are a Feasibility Analysis and Siting Plan for a proposed desalination facility to be located on Padre or Mustang Islands (Project No. 8423). The objectives of the project are to: · Improve the reliabilityo service pressure proble · Demonstrate the viabili~ water as a new supply Padre and Mustang Isl~ water supplies to Padre and Mustang Islands, by resolving ms in the short term; y of treating either brackish groundwater or Gulf of Mexico ;ource in order to supplement existing water service to North nds · Allow possible deferments of other water supply projects for this service area; · Meet the City's schedule for reliability improvements by the end of 2005; and · Provide cost-effective solutions while meeting the project schedule. To accomplish these goals, the Padre Island Desalination Project is being executed in three phases: Assessment Phase (95% complete). The assessment phase includes assessment of technical, regulatory, and other issues associated with the project, and will include preliminary recommendations regarding project configuration, preliminary construction cost estimates, etc. This portion of the work will be complete by June 2003. Demonstration Phase (Not authorized). The demonstration phase includes design and construction of a demonstration project following concurrence and acceptance of the findings and recommendations of the Assessment Phase. The demonstration phase is anticipated to include a reverse osmosis (RO) plant, recommended storage, and connection to the City's water distribution system. The demonstration phase will provide the City and regulatory agencies with initial operating information and will achieve the near-term project objective of resolving water pressure issues in the service area. Full Production Phase (Not Authorized). Following completion of the demonstration phase of the project, design and construction of planned larger capacity facilities will be undertaken to meet the future needs of the service area. In order to improve the water supply to Padre and Mustang Islands by the end of 2005, the project needs to proceed into the demonstration phase as early as possible. To realize this goal, the Assessment Phase was per[ormed simultaneously in parallel paths including: · Hydrogeology Assessment; · Treatability Assessment; · Reverse Osmosis (RO); EXHIBIT "A" -207- Page 2 of 3 · By-Product Disposal Assessment; · Facilities Siting Assessment; · Storage Alternatives Asiessment; · Regulatory and PermittiNg Assessment; and · Public Involvement ActiVities Regulatory agency approval will be essential to the timing of this Project. Dividing this project into the three stages of~reliminary Assessment, Demonstration Project, and Full Production Project is in direct r~sponse to gaining regulatory acceptance while still improving water service to the Islands. Tl~e planned staging and phasing will maximize project feasibility evaluation, while mini PROJECT DELIVERABLES: This project includes the devel( "nizing expense. )ment of a Final Report of the Engineering and Permitting Assessment, detailing the step,,' required for the permitting, treatment selection, and storage options to provide additional w~ ter resources for Padre and Mustang Islands. The final Assessment results and recom~ nendations are scheduled to be presented to Council on June 24, 2003. Upon completion and approval ~of the Assessment Phase findings, the NE consultant will proceed to Stage 1 of Phase 2,i to complete design, bid and construction documents for the Demonstration Project. Completion target date for the Demonstration Project is December 2005. At that time, deliverables for the project will include: · Production of Drinking-QualityWater; · Reverse Osmosis Pilot plant; · Demonstration of Storage Alternatives; and, · Connection to the distribution system. Upon approval of the Demonstration Phase, the next step of the Project will be the design and construction of the Full Production Project anticipated to be complete by December 2006. -208- EXHIBIT "A" ] Page 3 of 3 North Padre Island, Port Aransas, Mustang lslat~t State Considering Park, and the Padre Island National Seashore {urrently the age of the receive the majority of their drinking water from thk City of existing 24-inch Corpus Christi O.N. Stevens Water Treatment Plar¢. Treated water is delivered from the mainland through a sinflle 24-1nch pipeline crossing the kaguna Madre near the JFK Cl~useway. The pipeline was built in the early 1970s and serves, as the sole source of water for the North Padre Island area. The 24-inch pipeline has an estimated peak capaci~ of 5 million gallons per day (mgd). Current peak demands for the North Padre Island service area are approaching 4 mgd and projected population increases will likely cause demhnds to approach 10 mgd or more by the year 2020. pipeline, and projected water demand increases on North Padre and Mustang Islands, the City has identified a near-term need to address system reliability issues and a longer-term need to provide supplemental water to the Islands to meet increased demands. In re;pons~ to assi EXHIBIT "B" Page 1 of 4 .[~filtratkm process, capable of removing dissolved solids, salts, and organic compounds. In the RO process, highly saline feed water is forced at bigh pressure across a semi-permeable surface. RO produces two streams: RO produces both filtered water and a by-product stream containing concentrated salts trod solids, which is treated and disposed of using approved m4thods. While RO can be used to treat groundwater or sea~'ater, the cost of treatment increases with the salinity of the {ced water. Primary costs associated with RO treatment includk2: ~' Capital costs for the RO process equipment; ~ Capital costs for by-product disposal infrastructure; ~. Power costs associated with the energy required to push water through the RO membrane; and }? Replacement costs once the membranes have reached the end of their useful life (typically five years). P~ecently, several RO system vendors have developed smaller- scale Pretreatment RO Po~t desalination (e 9 particle mmoYal Membrane Treatment mgdto,mg ), which have Feed , contributed Water to a drop in the cost of RO 'lb date, RO has been used at almost 200 water treatment plants across the count~ and is considered a proven and reliable technology for both groundwater and seawater desalination. Establishment of a large finished water storage volume offeis-. many benefits to the Islands, including the ability to boost syslem pressures and the potential to reduce the size and capital costs ora R© treatment system. Commonly used technologies for storage of drinking water include elevated storage tanks, ground storage reservoirs, and aquifer storage and , ~ : recovery (ASR). ASR is a technique l-or achieving seasonal, emergency and long- term water storage deep underground. During times of excess supply, treated water is pumped underground, generating a large volume of stored co~,~y olD.aping, ASR S~a~ LLC drinking water within an existing aquifer. During times of peak demand, that water is then pumped back out of the ground, disinfected, and sent on to the distribution system. ASR offers several advantages over elevated or ground storage tanks, including substantially higher storage volumes, and substantially lower unit costs. ASR is also a less visible method of storage and may provide a solution to siting issues associated with other storage alternatives. ASR well fields are now operating at more than 59 locations i( states around the Country. In Texas, ASR is currently operati~.~ Kerrville and is in development at San Antonio. ~ $8.0 g $?.o ~ s6.o ._~:[ ~ ,,~ $4.0 $3.0 $2.0 $1.0 $0.0 · 5,o0o ~: 10,oO0 ;20;ooo 3o;oOd EXHIBIT "B" Page 2 of 4 ALTERNATIVE MID-MUSTANG ISLAND ASR SITE PAC KERY CHANNEL RO SiTE ALTERNATIVE PADRE ISLAND PUMP STATION RO SITE ALTERNATIVE SOUTH ASR WELL SITE ALTER NATIVE PADRE iSLAND DESALINATION PLANT ASSESSMENT ~ Of the available water supplies present on North Padre and Mustang Islands, three were assessed as potential feed sources for desalination. Potential source waters include the Chicot and Evangeline underground aquifers and the Gulf of Mexico. While the Chicot Aquifer is the shallower and least saline of the two underground aquifers, both are [ess saline than seawater from the It appears feasible to treat any of the potential source waters, although RO treatment costs increase with feed water sallnffy. Furthermore, dm deeper and more saline Evangeline Aquifer will require cooling to optimize salt removal by the RO process. Both the Chicot and Evangeline Aquifers are capable of sustaining groundwater withdrawal rates to support at least a 5-mgd water prod uction facility. Source water well fields for either aquifer must be designed to limit the potential for subsidence. Beach wells are the preferred extraction method for water from the Gtdf of Mexico. Beach wells eliminate the risk of entrapping marine life (as compared with open ocean intakes), and also reduce certain pretreatment process requirements. In addition to producing treated water, the RO process will generate a sabne by-product waste stream. By-product is general}y environmentally benign and consists of concentrated dissolved solids (salts). Based on a preliminary screening, favored by-product disposal alternatives include surface water discharge to the Oulf of Mexico and deep-well injection. Both are widely accepted methods for disposal and when designed properly should have no adverse environmental effects. Storage of large volmnes of treated water using aquifer storage and recovery (ASR) may aIlow up to a 50% reduction in RO facility costs by providing additional capaclW during peak demand periods and emergencies. While ASR appears to be a feasible and effective means of optimizlng project costs, ASR cannot meet expected long-term demands without another water source m supplement the existing 24-inch pipeline. Additional soil and groundwater evaluations are required to finalize ASR and RO facility designs. Project permitting, because of the RO by-product disposal component, will likely require 15 months for completion. Potential public concerns were identified by conducting preliminary opinion leader interviews and meeting with various interest groups. Potential concerns include environmental issues, impact on groundwater resources, feasibility and reliability of desalination and ASR, siting of the new facilities, and costs. Potential funding opportunities are most likely to help offset costs associated with tl~e study, permitting, and design phases of the demonstration project. Alternative project delivery approaches (public-private partnerships) may be able to provide other means of project funding. EXHIBIT "B" Page 3 of 4 An analysis 9f the water supply alternatives indicates that a desalination project using water from the shflllower less saline Chicot Aquifer will be more cost-effectiw thin alternatives using wa~er from either the Evange[inelAquifer or the Oulf of Mexico. Furthermore, implementation 9f ASR for finished water storage allows the City to address more seasonal water demands through storage, reducing the requited design capacity ofdesalinatlon facilities, and thus decreasihg project COSTS. Based on the currently available water quality and ~eologic information, it appears that a reasonable initial system capacity will be 3.0 mgd. This approach would address the C]it,/'s near- term objectives of improving system reliability, and Would provide some additional capacity to accommodate llonwtenn growth. ]qae initial project would consist of.' ~ 2.0 mgd of ASR capacitT, constructed during thd Initial Production Phase: ~ A 1.0-mgd RO facilir~ iwith buildings and infrastructure to allow for future expansion) tested during the Initial Production Phase and constructed during the Full Production Phase: ~ A Chicot Aquifer well field ~with sufficient capacity ~o allow for future expansion of RO facilities~: and : Deep-well in ection for RO by-productdisposal (also w th sufficient capacity to allow for future expansion of RC facilities/. This tnitial configuration would allow the City substantia {lexibi[ity ro respond to demand increases, using capac~tw expansions to either ASR or RO facilities Up to 5 mgd. Based on the analyses to dare, total project capital costs for the recommended project, including ASP, and RO facilities, feed water supply wells, RO by-product disposal facilities, permitting, facilirv site acquisition and development, and transmission p~p~ng, are expected to be approximately $23.2 million, including contingencies. Generally. the configuration o f the recommended project allows the City to implement ASR. RO. and prolecr permitting on three separate but parallel timelines. ASR facilities could be m place by December 2005 providing a limited capacity increase to the svstem of 2 mgd during months of peak demand. Implementation of RO facilities could be accomplished as soon as December 2006 but could also be extended to allow the City to identify and evahmte other potential water supply options for the Islands. Additional evaluations, including water quality sampling, more derailed geologic profiling, and consideranon of potential water demand growth, are required to further define the recommended capacity of initial product on facilities and sub~quent capacity t'xpa nsions. An intensive soil and groundwater sampling program,~ is planned for the beginning of the Initial Droduction Phase. [ EXHIBIT "B" Parle 4 of 4 PADRE ISLAND DESALINATION PROJECT CIN OF CORPUS CHRISTI 'ION TO CITY COUNCIL m )3 03 X to =_ CD W O � EXHIBIT "C" Page 1 PADRE ISLAND DESALINATION PROJECT CITY OF CORPUS CHRISTI )N TO CITY COUNCIL �m CID D] N W N � O N 0 EXHIBIT "C' Page 2 Padre Island Desalination Plant _WATER Feasibility Analysis and Siting Plan DEPARTMENT Project No. 8423 Stage 1 - Assessment and Demonstration Project Phase 1 - Assessment Phase Findings and Recommendations Presentation to City Council June 24, 2003 #CWOLLO anroineers In Association with: ASR Systems, Inc. LBG-Guyton Associates Smith, Russo, and Mercer Olivarri tt Associates Shiner Moseley and Associates, Inc. Key Findings 2 • The Chicot Aquifer is the lowest -cost water source evaluated. • Subsidence impacts can be addressed by proper design of the source water well field. • Deep well injection or an ocean outfall are the preferred methods for by-product disposat. • ASR appears to be a feasible, cost-effective means of optimizing the project, but cannot meet expected long-term demands without another water source to supplement the existing 24 -inch pipeline. • Project permitting is expected to take about 15 months. • Considerable Island resident interest in desalination and ASR, and support for system improvements to accommodate growth and improve pressure -WATER Presentation to the City Council June 24, 2003 Padre Island Desalination Plant - Feasibility Analysis and Siting Plan Pre Facility s� Preferred RO Facility: Padre Island Pump d Station / Nueces County 4 _ 1 Packery Channel Park W e ff� 4 /e- eg a ,to* / I 01hVell br Waler TB51 f e ` Pd1 Arsnsas Flmpk1g S1s1 P // Alternate RO Facility Location: At NCWCID4 Pumping Station Alternate ASR Well Location: Mid -Mustang Island Preferred Source Well Location: City -Leased TGLO Land at Packery Channel Preferred ASR Well Location: Near Nueces County Padre Balli Park along South Padre Island Drive `L y4 V Alternate ASR Well Location: Mid -Mustang Island Preferred Source Well Location: City -Leased TGLO Land at Packery Channel Preferred ASR Well Location: Near Nueces County Padre Balli Park along South Padre Island Drive M Recommended Project • 3.0-mgd project includes: ■ Chicot Aquifer Horizontal Directionally -Drilled well field ■ 1.0-mgd RO facility (with buildings and infrastructure to support 5-mgd) ■ 2.0-mgd ASR capacity ■ By -Product Disposal via Deep Well Injection 010 (with sufficient capacity to handle 5.0 mgd) ■ Site work and transmission piping ■ Upgrades to existing Padre Island Pumping Station ■ Estimated cost: $23.2 million including contingencies (June 2003 dollars, ± 30 percent) • Subject to verification/refinement based on results of hydrogeologic and water quality testing program -WATER Presentation to the City Council June 24, 2003 ° Padre Island Desalination Plant - Feasibility Analysis and Siting Plan 5 Average Day Demand vs. Year 20 15 E c R E 10 d L 5 m a 0 1995 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 Year —ADD Average Estimated Min ADD Estimated Max ADD —Existing Pipeline Capacity X 14L—Recommended Project Baseload Capacity -WATER Presentation to the City Council June 24, 2003 Padre Island Desalination Plant - Feasibility Analysis and Siting Plan N N 0 Maximum Day Demand vs. Year 30 25 Im E 20 E d 0 15 m 0 E 10 7 E cxa 5 0 1995 R I 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 Year —MDD Average Estimated Max MDD Estimated Min MDD —Existing Pipeline Capacity —Recommended Project Peak Capacity WATER Presentation to the City Council June 24, 2003 ^R Padre Island Desalination Plant - Feasibility Analysis and Siting Plan 7 Cost of New RO Water RO Capacity Incremental RO Expansion Cost Cumulative Total Cost Cost per 1,000 gallons 1 mgd $ 1596839396 $ 155683,396 $ 4.47 2 mgd $ 4,0021067 $ 19,6855463 $ 2.96 3 mgd $ 490029067 $ 23,6873531 $ 2.49 4 mgd $ 430023067 $ 271689,598 $ 2.22 5 mgd $ 4,0021067 $ 31,6915665 $ 2.08 WATER UF.PA.iMQryi * All costs are June 2003 dollars * Cost estimates are preliminary, ± 30 percent Presentation to the City Council June 24, 2003 Padre Island Desalination Plant - Feasibility Analysis and Siting Plan e Implementation Plan Key Features . Continue deliberative decision-making . Immediate improvements to existing pump station . Proceed with hydrogeologic and water quality v-aI-idation study . Following validation study, split RO, ASR, and N Permitting into three parallel tracks to maximize N City's decision-making flexibility • Development of comparable cost estimates for other supplemental supply alternatives (pipeline). • Refinement of Recommended Project configuration. • Follow-up assessment of applicability of ASR City- wide. WATEO Presentation to the City Council June 24, 2003 °" Padre Island Desalination Plant - Feasibility Analysis and Siting Plan N N W x Phase 2 Schedule July 2003 • Begin water quality and hydrogeologic testing program • Begin design of Padre Island pumping station improvements . Regin Fermi mg Process * Begin alternatives study Oct. 2003 . Complete water quality and hydrogeologic testing . Begin data validation for ASR and RO Jan. 2004 . Complete design of ASR Test Well Mar. 2004 . Begin Construction, Padre Island Pump Station improvements . Complete alternatives assessment WATER O� ARIMENT I Presentation to the City Council June 24, 2003 Padre Island Desalination Plant - Feasibility Analysis and Siting Plan N N A 10 Phase 2 Schedule June 2004 . Begin construction on initial ASR wells (5 mo.) • Complete RO design validation . Decision point for RO Nov. 2004 .Begin ASR recharge operations June 2005 • Begin full recovery of 2-mgd ASR capacity for 120 days Dec. 2005 . Initial Production Phase complete 14 months after authorization , Complete RO Design, Bid, and Contract Award (16 months duration for construction) WATER EPA PTM¢XT Presentation to the City Council June 24, 2003 Padre Island Desalination Plant - Feasibility Analysis and Siting Plan Questions 25 AGENDA ITEM: CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Report on ~8th Texas Legislative Session June 24, 2003 STAFF PRESENTER(S): Name 1. Tom Utter Special A., ISSUE: Title/Position ~sistant to the City Manager Department Legal Department Overview of the 78~ Texas Legislative Session to include the status of Corpus Christi Legislative Program a~d the Texas Municipal League's Legislative Review. REQUIRED COUNCIL ACTION: No Council action is required~ For presentation purposes only. Additional Background Exhibits -229- CITY COUNCIL AGENDA MEMORANDUM TO: FROM: Mayor and Members of the City Council W. Thomas Utter, Special Assistant to the City Manager DATE: June 10, 2003 SUBJECT: Report on the 78th Legislative Session This legislative session was both the worst session and the best session in many years. Cities across Texas were confronted with a Legislature that had an agenda that could not have been more detrimental to cities. From attempts to virtually eliminate annexation to attempts to seriously decrease local government revenue, the Legislature made numerous attempts to pass legislation that would have drastica~y affected local governments and was one of the most anti- city Legislatures in memory. The session, on the other hand, was the best in recent memory for the City of Corpus Christi in the number of legislative initiatives we secured, principally because we had one of the most outstanding local legislative delegations which was recognized across the State as being not only highly responsive to the needs of cities but also in positions of power. The members of the delegation are widely respected by their colleagues and have developed excellent staffs. I would be remiss if I did not state categorically that the successes the City of Corpus Christi had in this legislative session are due in large part to the hard work of the members of our delegation and their excellent staffs. The members and their staffs welcomed me in their offices and at all times provided me with excellent staff and logistic support. I never once felt anything but genuine warmth and hospitality from each office. This session there were 5,754 bills and constitutional amendment filed and approximately 1,400 bills passed. Approximately 1,200 of the bills filed were city-related and of these approximately 120 passed. Senator Hinojosa, while being a freshman Senator, certainly was much more influential than any other freshman Senator I have seen. The staff work of his office was absolutely marvelous. The number of bills that he carried for us and those tweaks of other bills were critical for our success. Representative Luna arguably is one of the most powerful and influential members of the House of Representatives. With her position of Vice-Chairman of the Appropriations Committee and her numerous other assignments (more than any other representative), she worked from early morning to late at night, earning the reputation as one of the hardest working members of the 00000i' -230- House. She was absolutely crucia to the vadous funding issues we faced as well as providing important leverage on bad bills in tl~e Calendars Committee. Representative Capelo, as Chairrr negotiator on the Med-Mal issue major player in the House of Re Democrats across the country an(~ Importantly, he carried the majority. Representative Seaman used hi~ important insurance committee an( He authored or coauthored most o! with us in stopping bad bills in his c~ an of the extremely important Health Committee and as a s well as a number of other issues, became a recognized resentatives. (He was selected as one of the 100 young by one publication as one of the 10 Best House Members.) )f our bills in the House. ; seniority to acquire the vice-chairmanship of the very i a place on the locally important military affairs committee. the insurance reform bills and was always available to work [pacity on the calendars committee. I would also like to point out the a~sistance provided to me by the staff of the Texas Municipal League and the staff and lobbyists ~or the other large cities. (Most of the other large cities have a legislative staff together with a group of paid lobbyists.) I have enclosed four attachments. Program that describes the actions bills requested by the City Counc Third, I have attached the Texas broader number of bills. Last, I h~ complexity of the process. The first is an annotated City of Corpus Christi Legislative :aken on many of the City's priorities. The second is a list of I subsequent to the adoption of the Legislative Program. Municipal League Legislative Report that covers a much ve attached the legislative history of two bills outlining the I want to thank the City Council a~nd the City Manager, Mr. Noe, for the opportunity to once again represent the City during th~ legislative session and for the very kind remarks made by the Mayor and the Council membelrs during the session. Even though the legislature was not city-friendly, our legislative delegatipn and their staffs made this session an absolute joy for me to represent the City and I once aga~in want to publicly state my appreciation to them. Attachments 000002 -231- CITY OF CORPUS CHRISTI Legislative Program Annotated Version 78t~ Legislative Session including Federal Legislation June 9,2003 _~_ 000003 INTRODUCTION Prior to the commencement of each legislative session, the City of Corpus Christi staff, working with input from the City Council, other local interests, Texas Municipal League, and other cities, prepares a !recommended legislative program for City Council consideration and approval. The legislative program, after c transmitted to oUr local legislativ during the 140 days of the sess are introduced is massive. For ~ actually passed, with appmxima than 150 passed. Unfortunately directed at simply stopping bad I )nsideration and approval by the City Council, is then ~ delegation and forms the basis for the City's activities ~n. In each legislative session, the numberof bills that :xample in 2001, 5,712 bills were introduced, over 1600 :ely 1,200 of the bills City-related, of which slightly more ~ large percentage of the efforts by cities are necessarily )ieces of legislation which would negatively affect cities. Over the past few legislative sesSions, the City of Corpus Christi, with the tremendous support and action of our local legislative delegation, has had very good success in not only stopping bad bills which Would negatively impact us, but also in the passage of legislation which very positively affects us. For example, inthe 1999legislative session, a serious assault on cities' annexation powers was successfully defeated, while at the same time, the City, through ourilocal legislative delegation, was able to fund expansion and renovation of the ConventiOn Center, provide liability protection for our Latchkey Program, acquired the official designation of the Museum of Science and History as the Texas Maritime Repository, and ~unding of the local Estuary Program, among a number of other issues. In the last session (2001), the City had a number of wins. Legislation was passed that: 1) allows cities to use design build 2) allows creation of Fire ContrOl and Prevention Districts 3) desalinated water was exempted from interbasin regulations 4) water development grants to cities allowable for desal efforts In addition, virtually all harmful bills were defeated. The upcoming 78~ legislative session will undoubtedly consider many issues that are detrimental to cities, and will be extremely complex because many of the long-term committee chairmen chose not to run for reelection, and the State's financial position appears bleak. As in the past, the City anticipates working very closely with our local legislative delegation. In addition, we will work with the Texas Municipal League as well as the very active legislative lobbying group of the eight largest cities (this latter group meets once a week during the legislative session with TML staff to coordinate action.) The following legislative program is broken down into sections each representing a major part of municipal government beginning with a general statement of policies and procedures. 1 000004 -233- A separate section of Federal legislation issues is included at the end of the program and is considered to be a part ef our overall legislative effort. The communicalion of this legislative program is carried out on a day to day basis by the Special Assistant to the City Manager, with substantial assistance from the City Attorney and his staff under the general direction of the City Managerafter approval of the program by the City Council. The Mayor and City Council Members, as well as City staffincluding the Police and Fire Chiefs, members of the CityAttorney'sOffice, and departmentsheads are called upon to testify in Austin and in Washington, on a case by case basis. 2 -234- 000005 I. GENERAL POMCY AND PROCEDURES a. The City will support leg 1. Will protect and en 2. Reduce costs to th 3. Provide for more 4. Protect those p ordinances, resol[ 5. Provide increased Christi and the re The City will oppose le, 1. Undermine the pri 2. Result in the loss 3. slation and administrative actions that: hanceCityrevenues. City. control. icies previously established through the Charter, tions, and master plans. educational opportunities for the citizens of Corpus ion. slation or administrative actions that: lciple of home rule and local self-government. revenue growth to the City. Diminish the auth(Irity of cities to regulate and manage their growth and development. Nullify or undermine the City's policies contained in existing provisions of the Charter, ordiqances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. Diminish any existing authority of cities. Impose mandates~ that require any expenditure by 0~e City unless all costs of same, including administrative as well as direct out-of-pocketcosts, are fully reimbursed by the mandating government. The City Council will determine the City position on all legislative issues. The City's Boards, Commissions, and Advisory Groups may not represent in oral testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. Positions on legislative 0r administrative matters originating outside of the City Council, but within the City's governmental framework shall be submitted to the City Manager for review prior to consideration by the City Council. 3 -235- 000006 The legislativeor administrative positions herein approved, and others sepa'ateiy approved by the City Council, shall be communicated to the legislative and congressional delegations, to the Legislature and Congress, in general, and/or to the appropriate legislative committees, committee members, and administrative agencies or to others by members of the City Council, the City Manager, staff persons, and consultants and others designated by the City Manager. Where possible and where there is a commonality of interest, the City will coordinate its legislative and administrative program with other political jurisdictions and provide assistance to those political jurisdictions. The city will support the legislative program of the Texas Municipal League, except to the extent it conflicts with any policy herein. Itr is recognized that this policy will often be implemented in the context of great numbers of voluminous proposals being considered within short time periods. City representatives, under the direction of the City Manager, shall be authorized to act on behalf of the City consistent with the necessarily broad policy concerns set forth in this policy. In this policy, items are classified under three levels of importance, Priority, Actively Support, and Endorse, as follows: Priority means that the Citywill actively pursue and support (or oppose, as specified) the policy including, if necessary, seeking introduction and passage of legislation. This would include purelylocal Corpus Christi bills, as well as very important legislation of statewide application. Actively Support means the City will aggressively attempt to obtain -passage of a measure if it is introduced by some other entity (or actively oppose, as specified). Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. 4 -236- 000007 II. FINANCIAL INTEGRITY d= Franchise Fees. The Cih the City's existing franch to charge franchise fees requiring utilities to bea~ required by the City or w Franchise fees are esse~ franchise fees would be; local services such as p( public property for privat~ would effectively hold the ~ There were no bil~pa~edt, able to acquire a hold harmla State Hotel Tax for Be; would provide State hote PRIORITY unalterably opposes any measure which would reduce se fees, the growth of those franchise fees, or its ability , and any measure which would prevent the City from 100% of costs associated with relocations of utilities itch would impair City regulation of use of rights-of-way. itial to continuation of basic services. A vote to reduce I vote to increase local ad valorem taxes or reduce basic ,lice, fire, roads, and parks, and would constitute a gift of : purposes. The City also advocates legislation which , City harmless from any fluctuations in franchise fees. '~t negatively affectedfrano~ofee$. _4t the ~ame ~me, citi~ were not s for franchi~e fees. ch Maintenance. The City supports legislation which ! tax funding of 1% for beach maintenance. ~' Given the $_I0 bilk'on doll,'state deficit, them wa~ absolutely no way to decrease state hotel- motel tax going to the generdl reverme. There wct~ a bil~ however, that at lea~t wa~ heard in committee that would have taken 2~ of the state hotel-motel tax in every cut.tel counff and u~ed those del/ars for localmatch~br construction and/ormaimenunce offederalproject~. We would antic~vate this bi, being mot~favorably con~idered next se~siotz Street Accessibility Iml~rovement~. The Gity supports l~3islation which would authorize a street use fee or other funding source to construct facilities to enhance disabled access. ~ Working with Represenlaube Luaa and a number of citie~ acrars the state that have already implemented a street u~efee, we bek'eve that we now have language instate law thatavlidif~ c~ie~' ability to impale a street u~ej~e or a fee for accesdbility improvements. Clarificafionof Hot~lTa~ for Beaches. In 1999, the legislatureauthorized Gorpus Ghristi to use tax revenues from hotels previously subject to a county hotel occupancy taxto clean arid maintain public beaches in the municipality. The intent was to use taxes from hdtels in beach areas annexed forbeaches. However. this could be construed as, only applying to existing hotels, which would be inequitable. This needs ilo be changed. ~* RepretentativeSeaman cartied[9~ 808 and SenatorIIinojaxa cartieda companion in the Senate. The billpa~ed and wat dgnad by the Governor on Ma):23, 2003, and is in q~bct ACTIVELY SUPPORT Delinquent Ambulance Bill Collection. Allow delinquent ambulance bills to be billed on a City's utility bill, to be paid out over time, not exceeding 10% of any monthly bill. ~ Senate Bill 504 by Senator Ogden wc~ pa~sed with an amendment by Senator Lucio with a~sirtance from Senator Hinojo~a to include the City of Corpu~ Chr~t~ This bill allows a Een for -237- FJIS ~ervices up to $1. OOO agai~t an yjudgment or ~ettlement related to the incident that cau~ed the needler the emergency med~cal~ervicex. Senator Iawio and Senator ffinojasa worked together wondeoqdly to include Corpu~ Chrirti and areax in the Valley. Liability Law. The City supports legislation to reduce potential liability of municipalities and municipal employees for torts and other actions and opposes legislation which would increase such liability. ~ No adverse leggrkm'o ~ Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. ~ No adverse leggslaa'o~ ~ Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity provisions in public works contracts. ~ ]Vo adverse ~gi~lalio~ Mandated Fees. lhe Giht opposes legislation which would require a city to raise any municipal fee and remit the revenue to the state, unless use of the monies would be clearly dedicated for programs beneficial to the City. ~ Several new court fe~ were added bm otherwgse there are no new mandazed fee~. Municipal ¢ourtFailum4o-AppearF~. The City supports legislation that enables a city to recover from municipal court defendants, who fail to appear as required by citation or court process, the city's cost of collection and administration caused by their failure to appear. ~ Senate Bill 782 by Armbrirter, o~rtied in the Itot~re b)~ Repre~enttuTve Capelo, waxpar~ed and ~ent to the C, overnor. ENDORSE Appraisal Appeals. The City supports legislation to allow cities to challenge the appraisal or appeal of an appraisal of a specific property. Municipal Court Costs. The City supports legislation which would consolidate all State court costs collectible by municipal courts into one fee payable to the State, and require that, in case of partial payments, a city and the state will split the payments until both receive the proper amount of revenue. The City opposes additional State or County fees or court costs on municipal courts. ~ Senate Bill 1180 wa~ pa~ea[ w/u'ch con~olMate~ all of the eri~ting court cast~ into one new chapter of the government code. I~ 1066 wax agro pam~l which indefirdtely extendr the manicipal court technologyfund I]~ 2424 conavlidates allcollecttbn anctremittance of courtd~k~. Sale of Tax Liens. The Gity supports legislation to authorize cities to sell tax liens. 6 III. ESSENTIAL INFRASTF a. Water. C= 1. Protection of Wa legislation to prote the City to expan¢ legislation which v rights or the City's ~ No adverse legislaz 2. Oesal Project~ T funding for desalir c~ ReR~_~entative Lur~ The bill~l~ITcallydb 3. Free Market in W~ remove barriers tc water and water r environment, and :UCTURE PRIORITY ter Rights. As its highest priority, the City supports :t the City's water supply and water rights, and to enable its water supply and rights, and strongly opposes 'ould diminish or challenge such water supply or water ability to expand such. 3e City supports legislation to provide special set-aside ation programs and projects. ~ carriedtH? 1370 wtdleSenator tlinojoaa wa~ the Senate apon~or. ~u the ~tudy andl'mplementation of aea water d~alinanbnprojecta. ter. The City strongly supports legislation that would a free market between willing sellers and buyers of ghts, subject to applicable laws for protection of the strongly opposes legislation that would create new barriers. , ~ No legisloo'o.. Packery Channel. The C~ity strongly supports State assistance/legislation/efforts to facilitate the North Padle Island Storm Damage and Governmental Restoration Project. ACTIVELY SUPPORT Transportation. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State. Fundingfor ConsflrucfionandMaintenance. The Citysupports legislation that would increase the level and availability of state transportation funding for construction add maintenance. Streamlining: The City supports legislation that would streamline the Texas Departmenll of Transportation to make it more effective and efficient. ~ Them were a number ofbillspa~edaffecting tranaportaffon. The two most imlwrtant were t~ $588 which ;is an extremely large bM governing everythingfrom fimdiag of trar~portation to the Trana-Texax Corridor and/lB 471 wD'ch allow~ the Texax Tranapottation Commi~ion to u~e revenuoanffco~aubn note~. 7 - - -iag- 000010 -- City Streel~lMaintenance. Maintenance of City streets throughout the State is chronically under funded. The Citystronglysupports legislation whichwould allow cities to have additional local revenue sources specifically earmarked for street maintenance. ~1:~ 164 Saler Tax wa~pas~ed whtch allows an addiubnal ~al~ tax to be levied at one-eighth or one-fourth cern for ~treet maintenance, ~ubject to the two,cent overall cap. Supply of Surplus I~laterials. In 2001, the State legislation authorized TxDOT to provide surplus materials such as salvaged passing to cities. The City supports continuation of this posi§on. ~ With the a~tance of Rept~entative Luna, a t~cler to the transportation appropriation bill inclm~e~ t]u'~po~ifion~ 8 b= IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORITY Development. The City si authority to regulate de including, but not limite condemnation, platting, housing codes. ~'A very large number of bill~ ~joray of t/~e wer~ aefeute by religiou~ in~titut~br~ and. pa~ed wtu'ch requires bindirq that have not executed an agr Marine Archeological Ri a minimum provides eq allocation of funds for m ~' No legi r laab,z ronglyopposes legislation which would erode municipal velopment for the public safety, health and welfare, t to, locations of manufactured housing, annexation, zoning, extraterritorial jurisdictions and building and ,~erejfledthutwouldhavehadabeolutelydira~trou~qffect~. Theva~t including such thing~ a~ eliminaabn of zoningfor facilia~ owned fuiring a ciff to pay comper~ation for rezoning, ttB 1204 wax arbitration between a c~ and a couutyfbr thoye citie~ and countie~ ~emeut concerningp~ in the city '~ ET]. ~pository Funding. The City supports legislation which at uitable funding to the City's Museum from any state arine archeological repositories. Regulation of Location ef Manufactured Housing. The City opposes legislation that would erode the authority of cities to regulate the location of manufactured housing. ~ No adverse leggslatio~z Annexation Authority. The City opposes legislation that would erode current annexation authority. ~ One ofthe b~ggest wirer for cia,s wa~ the defeat of~everal b/Tls that wotzld have q~ectively eliminated virtually any annevatio/z ACTIVELY SUPPORT Affordable Housing. The City supports affordable housing initiatives which do not undermine the City's regulatory authority to protect the public health, safety, and welfare. ~r In leggdaa'on affecting the Texa~ Department of Houdng and Commmdo/ 4ffair~ and ~everal ~gtaller bills, the city '~ role in determini~ location~ for a~si~ted houdng were atrengthened BuildingCodes. The City supports maintaining and expanding municipal authority to select building codes and make local amendments as determined by local city councils, and opposes legislation eroding such authority such as by mandating adoption of particular codes. Historic Courthouse Preservation. The City supports full State funding for preservation of historic COurthouses for which preservation is feasible. ~ fftma~'ng in the amount of $~5 mi~bn wa~provided on a ~tatewide ba~i~ in the appropria~on~ bilZ Nuisance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. 9 -24 0000i2 ..... Condemnation Authority. The City opposes legislation that would erode condemnation authority. Dune Protection. The City supports city administered dune protection within city limits and cities' ETJ. ~ The City didnot move forward wilh anylegislao'on aa negoliutioaa are continuing between the city and the county on thir issue. ENDORSE Electrical Licensing. The City opposes legislation which would impose a statewide electrical licensing law. ~'tt~ 1487 war,ceased which adopts the National Electrical Code aa the code for the State and allows the State to iasue electrin~ licenaer and allows citiea to alto ir~ue cio/ licertaex. The bill malcex it a Claaa C mirderneanor to pezforrn electrical work without a licenae. Alcoholic Beverage Regulation. The Gity supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumptions. Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. 10 000013 V. CHILDREN AND YOUTH Juvenile Crime. The Cit~ among children and you1 continued funding of CY[ ~ The CFDprogram ux~rcom, 15~. PRIORITY supports legislation to reduce crime and delinquency h, to promote their development and well-being, and ) programs. nuea~, however, the overallprogramwa~ reducag by approxim~ely 11 000014 VI. EDUCATION PFUORFFY Higher Education. The City supports legislation to advance and obtain sufficient support for education in this area, especially legislation to enable Texas A&M University-Corpus Christii to operate as a strong and viable four-year university, including special item funding; and legislation to insure adequate funding for the operation and programs of the Del Mar Junior College District, including Full Formula Funding. ~ Senate Bill 315 by Senator Hinojosa, ~por~ored in the Howe by Reprarentative Llzna, allou~ a vote on the erpan~ion oftheDelMar]zmiorCollegeDgrtffct The billix bqbre the Governor. Texa~ A&M-Corpt~ Chrgrt~ under the very able leadership of Dr. Fergu~o~ made significant ~tffd~ in overcoming the irdtial ~evere funding redactior~. While the Univer~iff i~ ~t~ll cor~ideting what the ftnal irnpact~ willbe, it appear~ that the Univer~ily, while not receiving, anywhere dose to the new fundr they had reque~tea~ will not be/tort to the esctem of the ftr~t extimate~. Support of' Local School Districts. In general, the City supports the legislative programs of local school districts leading to enhancement of educational opportunities for citizens of Corpus Christi. ACTIVELY SUPPORT Cf South Texas/Border Initiative. The City supports continued funding of the South Texas/Border Initiative. c~ Conlinued in variou~r bier. 12 OOO015 VII. PUBLIC SAFETY AND HEALTH b= Co Fire Control and Prevent 1/8¢ over the 2¢ local Sal, ~ Ab~olutely no chance was~ Child Safety Registrafior law to increase the option $3.00 and to allow cities 1 ~ A bi~ ~ fi~d by Repr~e~ ~or Hin~ W~ t~ Z Fort Wo~ a~ ~onjo~ CHIPS. The Ci~ stmngl~ Health Insurance Progra eligibility. PRIORITy on District. The City supports legislation permitting ;s Tax cap for Fire Control and Prevention Districts, ~d to break the 2e localsales tax cap. Fee. The City supports legislation to amend current al vehicle registration fee for child safety from $1.50 to ~ impose the fee. ,~ative Capelo in the ttouse with a companion in the Senate by buse billwas voted favorably unanimously out of committee, it ran dcouldreach the ttouseJloor. The cities of San Antonio, Austin, ~ with us in the q~or~ supports continuation and expansion of the Children's m and the simplification of enrollment and program bill was introduced by Representative Capelo but ajgscal note ofS 7 million doomed the bilZ ACTIVELY SUPPORT Pawnshops. The City Supports legislation which would 1) require licensed pawnshops to provide el(~ctronic access to local law enforcement a?,encies of all pawn transactions, 2) and which would protect and strengthen cities authority to regulate pawnshops. Liability Limit Outside of Jurisdiction. The City supports legislation that would limit liability against City emergency service providers when requested to provide service on an emergency basis in another jurisdiction. f= Photographic Traffic Signal Enforcement: The City supports legislation that would allow cities to effectively employ photographic traffic signal enforcement. ~'A bill reached the Housejqoor but was overwhelmingly defeated 911 Emergency Service Systems. The City opposes legislation which would hinder the City's operation of its 911 system, which would inequitably affect the Corpus Christi area on 911 funding, or which would limit its ability to charge a fee for 911 services. ~ A bill was irurodoced and moved through committee which would have eliminated the use ora 911)~eJbrpaymeut of personnd ut a dispatch center. The bill was killed in the Calendars committee Crime and Fire Control and Prevention District. The City supports changing the statute to use the City sales tax base for a City-created Crime or Fire Control and Prevention district so that City sales taxes are administered consistently. ~ Ran wfoul of the ~no new ta~ ' ~ 13 000016 i. Animal Vaccinations at City Health Facilities. The City supports legislation that would permit City employeesto vaccinate animals at C~/animal shelter facifities. ENDORSE Community Service for Minors. The City supports legislation to eliminate the requirement that mandatory community service imposed on a minor convicted of certain alcohol or tobacco offenses be alcohol or tobacco-related. Impoundment of UninsUred Vehicles. The City supports legislation to authorize the impoundment of motor vehicles that are not covered by insurance. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. ~r No adverse legi~lo~'or~ Peace Officers. The City opposes legislation to authorize additional entities to employ and commission peace officers. The City opposes legislation that would restrict its ability to maintain specialized peace officers outside the Police Department and legislation applicable to the Police Department. 14 VIII. UTILITIES C= PRIORITY Electric Industry Dereg deregulation legislation b rights-of-way or other pub impose a right-of-way fee (a) equal to that receive, ensures that all citizens v system reliability and set better than the reliability a to serve as aggregators; ~ of market power through protects the ability of a continues to exempt MOL protects the financial inte vis revenue. dation. The City supports continued electric industry Jt only if it (1) fully preserves municipal authority over ic property and (2) fully preserves municipal authority to that: ~ prior to competition (b) increases with growth; (c) ~ill benefit through lower rates; (d) assures that electric 4ce quality will be maintained at standards equal to or ~d service standards which exist today; (e) allows cities f) provides checks and balances against concentration Iakeovers, mergers, acquisitions, or other means; (g) nunicipally owned utility (MOU) to operate profitably, 's from regulation bythe Public Utility Commission, and irity of any city; (h) holds a city harmless over time vis-a- ~No adver.~/~gb~'o~ Electric Franchise Base Date. The City supports changing the electric franchise tax base to 2001, indexed for inflation, and flexible rules for negotiating above the base. Right-of-Way Control. The City opposes legislation which would erode the authority of cities to manage and control their rights-of-way and other public property. ~ Several bills affecting right-of way control were defeated Of note, tt~ 1931 would have very negatively affected cio~ right~fiway relative to ga~p~eliue~. Cides were exempted out of the bill ACTIVELY SUPPORT Underground Facilities Notification. The City opposes legislation that would amend the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid by a facility operator, 2) levy a fee on an excavator, 3) raise the registration fee unless the fee is determir~ed on a more equitable basis, and 4) require mandatory participation by cities as Class B operators. ~ No adverse legislatio~z Sections 401 and 404 Certifications. The City supports legislation that, with regard to Sections 401 and 404 certifications (Clean Water Act), would prevent the Texas Natural Resource Conservation Commission (TNRCC) from expanding the scope of its activities beyond that required by law. 15 - -247-- ' 000018 IX. ENVIRONMENT a= hw PR oRrrY Air Quality. The City supports continued allocation of financial resources for near non-attainment areas, which is essential for those communities striving to remain within federal guidelines for air quality. National Estuary Program. During the last legislative session, the City of Corpus .Christi actively supported State funding of the local National Estuary Program. It ~s an important priority that the program continue to be funded, possibly at an elevated level. Regional Water Planning. The City supports continued funding of regional water planning. ACTIVELY SUPPORT Parks and Recreation. The City supports additional funding for State grants to cities for park acquisition and development. ~' Not thi~ ~e~ior~ Beach Cleaning. The City supports full State funding of the beach cleaning program. ~'Not t~i~,~e.~ion. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. ~' Continued. Drainage/Stormwater. The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist in solving such problems. Solid Waste. The City supports legislation that would enhance its ability to maintain adequate funding for the operation of its present and future landfills or that would strengthen city authority over landfill operations, and the City opposes legislation that would undermine adequate funding of city landfills, impose regulations more stringent than federal law, or erode city authority over landfill operations. No adverse legi laa'o Glass and Plastic Bottles. Several states have enacted State-wide container deposit laws for both glass and plastic bottles. Such a deposit system would substantially enhance litter removal from public rights-of-way in the City of Corpus Christi. The City supports a statewide deposit statute. 16 - - - ~248= 0 0 0 0 l~ X. PERSONNEL a= e= employees to civil emerg municipal options regard cr No adveme legidaab~ Collective Bargaining La current law regarding ad( ~'No adverxe leg~laa'on. State Fire and Police Civil Police Civil Service law tc certified personnel within selection process; (3) cia test to be deemed comp~ personnel file and the ~ beneficial to the efficient a detrimental to the efficien ~ No legi, daabn. ACTIVELY SUPPORT Emergency Response. The City opposes legislation which would erode current municipal authority to establish standards relating to response of non-resident .=ncies or which would in any other way, erode current ng residency policies. ~v. The City opposes legislation which would broaden ~tion of collective bargaining. Service. The City supports amending the State Fire and : (1) remove age limits for hiring; (2) permit rehiring of 18 months of severance without going through the full 'ify how many applicants are required for a promotional ;titive; and (4) clarify information to be placed in the lepartmental file. The City supports amendments dministration of the service, and opposes amendments administration of the service. ENDORSE Internal Investigations. T he City opposes legislation which would create special employment rights for any group of public employees who may be the subject of internal investigations. ~ No adverse legi~]atzbn. Mandated Job ProtectiOn. The City opposes legislation that would erode the employment-at-will doctrine. ~'No adver$e leg~latiot~ t7 - -249 000020 eD Xl. ECONOMIC DEVELOPMENT PRIORITY Military. The City suppor~s continued funding and legislative support of the Texas Strategic Military Planning Commission and other efforts to preserve existing military bases in Texas. ~ The ?exa~ StrategicMi&aryPlanm'ngComm~don gr contin~d SB 1295provide~a methodof jqnancial a~ivtance to defet~e communiadr. Spaceport. The City supports efforts to procure the Spaceport for South Texas. ar There are at lector ~ome limited continued to be made ava#ab/e for Spaceport qfforta ia Texa~ Insurance Rates. Local insurance rates for homeowners and automobile coverage are some of thehighest in the State. TheCityfinds thatthese rates have a major depressive influence on local economic development. The Citysupports State legislation and/or other efforts to aggressively and innovatively reduce local rates. ~ Representaa'veSeaman a~ vive~hairmanofthe Insurance Co mmitteeplayed a major role in either anthoting, co~wthori~ or~ponavn'ng a number ofbil~for homeowner~'in~u~nce. We would hope that these billr re. stdz in a reduction in homeowner~ 'i~ttrance rates. Ballot Language for Economic Development Sales Tax. The City supports amendment of Sections 4A and 4B of the Development Corporation Act to provide greater local flexibilityin presenting projects to the voters individuallyor combined. ~ No legirlae'or~ ACTIVELY SUPPORT Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. ~ SB 2 75 mak~ major changes in the ~tate economic developmentprogram by moving evetyt/u'ng imo the Governor '~ offwe and established the Texa~ ff~qonomic Development Bank. Child Care. The City supports increased, sustained State funding for child care. ~* No increa ~ e~. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. E-Commerce Taxation. The City supports a level playing field for all businesses whether they are locally operating or operating through e-commerce. The City opposes any system of taxation which restricts a local government's ability to collect sales tax on commerce over the interact. 18 000021 ..... 250- ENDORSE Waiver of Agricultural IF~ebate. The City supports legislation which would allow a city the option of waiviqg the payment of three years of recalculated property taxes when agricultural land is converted to a different use. Workforce Developmen' training programs, conti~ Development Fund, and :. The City supports local control over employment ~uation of Smart Job training grants and the Skills ;tate funding for adult literacy programs. 19 000022 -- =251' Xll. EFFICIENT ADMINISTRATION City Election Date Statute. The Texas Election Code permits Corpus Christi to have its general election !n April of odd-numbered years. This was done to avoid conflict with Buccaneer Days. The State uniform election date in the spring remains the first Saturda~y in May, which in odd-numbered years, conflicts with Buccaneer Days. It is not explicitly stated in the Corpus Christi Statute that this date cannot be used by the City, which could create a problem based on timing of a petition. If the date were held to be available, it could result in a general city election the first Saturday in April, a runoff the third Saturday in April, and a referendum election the first Saturday in May. It should be clarified that the May date is not available. ~Senator Hinojo~a fdecl SB 454 and Repre~entative filed the companion I]2112 71 to clarify our election date. Reprerentative Dennyjqled[I~11549 w/dch will allow the City to change it~ general election date b~ore December $1, 2004, to the third Saturday in May. Effective Tax Rate Calc~alation, The City supports legislation that would allow a city to adjust its effective tax rate calculation to account for mandated (statutorily- imposed) reductions in general fund revenue. ACTIVELY SUPPORT Sales Tax Exemption. The City opposes legislation that would enact a sales tax exemption that isn't a local option exemption. ~ No adverse legidaabr~ PropertyTax Exemption. The City opposes legislation that would enact a property tax exemption that would shift the burden to other taxpayers and that would be a substantial erosion of the tax base. ~*SB 510 andSlR 2 5 wotdd allow vo ter~ o n September l $.2 OO3, yo decide whether to make travel tt~iler~ emempt from property taz~. Delinquent Sales Tax. The City opposes legislation that would abolish the authority of cities to sue for delinquent sales taxes or to join in an attorney general's suit. ~'No adverse legirlation. Notificationof OelinquentAmounts of Sales Taxes. The City opposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. ~ No adverse legida~'otz Rate Case and Complaint Dockets. The City supports legislation that would establish the right ofcities to recover expenses related to rate case and complaint dockets within a reasonable time and require utilities to recover rate case expenses out of stockholders' equity when a rate case is found to be unjustified. ~ No legirlation. 20 000023 -252- - Water or Wastewater Pe~rmittees Fees. The City opposes legislation that would increase fees paid by water or wastewater permittees. ~ No adveme legislation. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial obligations outside of ec?nomic development. / ! ENDORSE Open MeetingsAct. The City supports legislation clearly exempting from the Open Meetings Act attendanceby a quorum at public community events, and clarifying restrictions on meetings i~n less than a quorum. The City opposes making the Act more restrictive. ~ No adverse le~irlaa'o~ ~ Open Records Act. The dity supports legislation which would clearly exempt from disclosure information on utility facilities, pipelines, and other facilities which could compromise security. Collective Bargaining Executive Sessions. State collective bargaining law for Fire and Police does not allow closed sessions on bargaining issues, except legal matters. This is detrime~ntal to sound bargaining, and should be eliminated. ~r No legidatio~z 21 000024 F_ FEDERAL LEGISLATION/ACTION Packery Channel. The City strongly supports legislation/action to continue the North Padre Island Storm Damage Reduction and Environmental Retention Project to its completion. CDBG/HOMEFunding. Tile City has found Federal funding of the CDBG and HOME Program to be essential to the continued wellbeing and revitalization of the City. Therefore, the City strongly supports continued and increased funding for the programs. Diversion to State. The City supports direct Federal funding of programs to cities and generally opposes funding to cities being routed through State government. Homeland Security. Due to greatly increased costs of local security activities, the City supports continued and increased direct Federal funding of homeland security to cities. Military. The city strongly supports legislation/funding/actionsto maintain our local areas' military facilities as one of the City's highest priorities. Coordination with Local Agencies. Whenever possible and particularly where there is a commonality of interest, the City will support local agencies or units such as the County, RTA and the Port in their efforts to secure favorablelegislation and/or funding. Protection of Right of Way Fees and Authority. The City strongly supports its traditional authority to charge rental value to private companies for the use of valuable public rights of way, and to reasonably regulate the rights of way for the benefit of the public. The City strongly opposes any dilution of its traditional authority. 22 - -2s4- 000025 ATTACHMENT 2 OTHER LEGISLATION SUBSEQUENT TO THE ADOPTION 0f THE LEGISLATIVE PROGRAM Marina Bill Legislation 1919 can be leased for ~r SB 1892 by Senator Hi~ pa~ed and ~ent to the C. ov, Port Expansion Bill Lo! of Corpus Christi Authori* representatives of Nuec~ ~ SB 1934 by Senator Hi~ pa~red and ~ent to the Community Renewal P~ federally-designated cor~ ~ SR 2 75 is the majorpie~ bi[l contaz~ aprovition wi larifying that the submerged lands patented to the City in ;onomic development purposes. ~josa ~pon~ored in the ttou~e by Representative Capelo wa~ TI~OF. islation changing the composition of the Board of the Port ~ to a new makeup of three representative of the City, three ; County, and One representative of San Patricio County. ~Jb~(6 ~pon~ored in the Hotare by Representaa've Seaman wa~ ogram Legislation designed to provide Stata incentives for munity renewal program areas. 'oflegislaa'on concerning economicdevelopmentthi~xex~io~ The ich atttomatically ma]c~ a commmdff renewalprogram area a · tate~cle~(~nated enteq~rise Zone for the length ofthefederaldexignation (2009) andprovid~ prq~erence in state~pernted grantprogram~ for any co~ renewalprogram aretz 000026 - ~25§- ATTACHMENT 3 TEXAS MUNICIPAL LEAGUE LEGISLATIVE UPDATE -256- INDEX Topic Finance and Administra ion ........................................... Property Tax ...................................................... Sales Tax ......................................................... Purchasing ........................................................ Other Bills ........................................................ Elections .................................................................. Open Government ...................................................... Transportation ........................................................... Municipal Courts ........................................................ Community and Economic Development ........................... Personnel ................................................................. Public Safety ............................................................. Utilities and Environment ............................................. Page 4 4 6 8 9 10 12 13 16 18 22 24 29 000028 -257- June 12, 2003 Number 21 HoW ~mall, of all that human hearts endure, That part which laws or kings can cause or cure. -Samuel Johnson- SEVENTY-EIGHTH REGULAR SESSION IS HISTORY It is ironic that the 207,3_ legislative session - during which lawmakers faced a $10 billion deficit, a homeowner, s insurance crisis, tort reform, and much more - may be best- .remembered for the "Killer D's? a group of Democratic House members who went on a mid- session odyssey to Oklahoma to bu~t a quorum and kill a redistricting proposal. That action was the most notable example of the ranCor and animosity that could be felt almost every day. !n the end, despite numerous false ~rts and detours, lawmakers addressed virtually every major ~ssue except reform of the state's ptlblic school finance system. That issue is likely to become the topic of a special legislative session sometime within the next year. Once again, legislators seriously considered dozens of bills that would have substantially eroded municipal authority, enacted larg~ reductions in municipal revenue, or imposed costly new mandates. Through the hard work of city officials across the state, those bad bills were defeated. Moreover, cities gained the passage of muny beneficial bills, including three TML priorities: Security_ Exemptions - ce~ain security matters are exempted from the requirements of the public information act and the open meetings act. Please see H.B. 9 in the Public Safety_ section. Administrators in Genera! Law Cities - the League took seriously its mandate to pass legislation that protects the iauthurity of administrators in general law cities. Using the "belt and suspenders" approach, the appropriate bill was passed twice. Please see S.B. 734 and S.B. 1047, both in lhe personnel section. Court Technology Fee - the authority to impose this fee in municipal court was extended. Please see H.B, 1066 in the Municipal Courts section. 0000 9 =259= In the Senate, roles regarding germaaeness of amendments are seldom enforced. Amendments can (and regularly are) added to bills that have nothing whatsoever to do with the subject of the amendments. This is particularly dangerous late in the session when the Senate adds floor amendments to House bills. Nothing can be done to stop these amendments except to ask for a conference committee, which doesn't always occur. As a result, one of the more Ixoubling city- related bills is H.B. 2425, a bill that related to state fiscal matters, but was amended by the Senate to include a provision relating to stormwater fees and one relating to payroll deductions for union dues. (Please see H.B. 2425 in the l~inanee and Administration section.) Late-Night Secret Meeting Prodt~ces Bad Bill One of the most disappointing bills for cities resulted fi:om last-minute legislative trickery aimed at cities over 100,000 in population. Late in the day on June 1, a House/Senate conference committee manufactured new law out of thin air, and then convinced both the Senate and the House to require city officials in cities over 100,000 in population to file detailed personal financial disclosure forms. The bill (H.B. 1606) is a wide-ranging "ethics" bill. The House version applied the financial disclosure requirements to cities over 350,000 in population; the Senate version had no financial disclosure requirements at all. The conference committee, rather than choose one version or the other, used a legislative trick known as "going out of bounds" to write a completely new provision behind closed doors and with no public input. Such last-minute treachery is virtually impossible to stop; on most occasions it is impossible to detect until the damage is done. The League contacted virtually all senators and dozens of representatives in the short time available to oppose the conference committee report. It was to no avail. The Senate adopted the conference committee report unanimously, and the House approved it 133-8. For cities over 100,000 in population, H.B. 1606 will: require each mayor, each member of a municipal governing body, each municipal attorney, each city manager, and each candidate for municipal office to file an annual f'mancial statement with the city clerk or secretary. require that the financial statement include an account of the financial activity of the covered individual (see gl above) and the individual's spouse and children, if the individual had control over that activity. require that the financial statement include all sources of income; shares of stocks owned, acquired, or sold; bonds, notes, or other paper held, acquired, or sold; any interest, dividend, royalty, or rent exceeding $500; each person or institution to whom a personal debt of $1,000 or more exists; alt beneficial interests in real property or businesses owned, acquired, or sold; certain gifts received; income in excess of $500 from a trust; a list of all boards of directors on which the individual serves; and more. 4. require that financial statements be made on a form designed by the Texas Ethics Commission. 5. provide that the statements are public records. 6. provide that failure to file a statement is a Class B misdemeanor, which is punishable by a fmc of up to $2,000, imprisonment of up to 180 days, or both. -260- 000030 This bill will undoubtedly lead tO a sharp drop in the number of citizens willing to run for municipal office, and possibly the lmmber of current municipal office-holders willing to complete their terms. City. officials who feel strongly About this legislation, should write to the Governor and urge him to veto H.B. 1606. One final point: the school boards c Senate version, but were added b: bounds." (Note: Some lawmakers will undou omnibus bill that "needed" to pass. the fight reasons, and this bill was n f large school districts had never been in either the House or the conference committee when it took its trip "out of ,tedly claim that they couldn't stop the b'fll bemuse it was an No bill is impossible to stop by a majority of legislators for exception.) Conclusions Although legislators introduced j us~a few more bills than they filed in 2001, nearly as many were city-related. In the end, though, far t'ewer city-related bills passed. (Please see the accompanying chart.) Total BiHs Year Introduced* 1985 4,151 1987 4,343 1989 5,256 1991 4,684 1993 4,560 1995 5,147 1997 5,741 1999 5,908 2001 5,712 2002 5,754 Total BiHs City-Related City-Related Passed Bills Introduced Bilb Passed 1,039 300+ 80+ 1,204 420+ 175+ 1,339 625+ 180+ 970 840+ 180+ 1,089 800+ 140+ 1,101 800+ 140+ 1,502 1,100+ 130+ 1,638 1,230+ 130+ 1,621 1,200+ 150+ 1,403 1,200+ 110+ Includes bills and proposed Constitutional amendments; regular session only. -261- 000031 The 2003 legislative session was also characterized by the further deterioration of state-municipal relationships in many quarters. More and more lawmakers see the state-municipal connection as a parent-child relationship, with cities playing the parts of unndy children whose hands should be slapped when they've been naughty. Here are two pieces of evidence that this mindset is alive and growing: Early in the session, a powerful committee chair wrote that "under the Texas Constitution and laws of this state, certain powers are granted by the State of Texas to local governments. In cases where these powers are exemised outside the scope of reason and many in fact constitute an abuse of power, it is not only appropriate, but obligato~ that the state legislators address this issue." Another committee chair, in an interview with the Fort Worth Star-Telegram, said this about cities: "They regulate their citizens, and we regulate them. And that's the relationship." Fortunately, most lawmakers, from the highest ranks to the least-tenured freshmen, know that Texas needs a strong state-local ralationship based on trust, respect, and a commitment to the betterment of our great state. The vast majority of city officials know that, as well, and are committed to working with state leaders in an effective governance partnership. In the end, there are no alternatives. FINANCE AND ADMINISTRATION Property. Tax H.B. 136 - Property Taxes: authorizes a freeze on city, county, and junior college property taxes for the homesteads of disabled persons and persons over the age of 65, similar to the current freeze on school district taxes. The freeze would be at the option of the local governing body, except that an election will be required if a petition is received by five percent of the voters. The freeze would be transferable in some eases, and could be continued by a surviving spouses who is 55 years of age or older. (Note: this legislation becomes effective only if H.J.R. 16, below, is approved by Texas voters in September.) H.B. 390 - Tax Increment Financino.' prevents a city from deducting the value of tax increment in newly taxable ureas fi'om its effective and rollback rate calculations. New value is already excluded from rate calculations, so to permit a tax increment deduction would amount to a double benefit. H.B. 1082 - Property Taxes: affects the appraisal of property in the following ways: (1) provides that property located in more than one appraisal district is to be appraised for all districts at the lowest value as determined by any of the chief appraisers; (2) permits appraisal district.s to. offer evidence of appraised value of properties in comparison to comparable properties, m addition to the use of appraisal ratios; (3) permits telecommunications providers to file consolidated appeals of appraisals of property located in more than one county in the district court of any county in which the property is located, similar to the appellate rights of oil, gas,' and electric providers; (4) permits district courts to grant relief to property owners who show either that the appraised value of their property exceeds the appraised value of similar properties, or that the appraisal ratio is unequal, whichever is more beneficial to the property owner; and (5) establishes that for protests in district court, the value of the property under gyrOtest and the value, of comparable properties is market value, rather than the value as adjusted homest~td value ~ncrease caps. 4 -262- 000-03 2 H.B. 1223 - Pronerty Taxes: limit~ to two years the maximum allowed absence fi:om a residence homestead befo~ a homestead exemption is lost. The two-year limitation would not apply to an absence caused by military service:or residency in certain health or aging-related facilities. A homestead exemption can be lost b~fore two years have elapsed, as under previous law, if the owner has no intention to return to gae homestead. H.B. 1278 - Property Taxes: exl: include: (1) land owne/l by the religi of worship; and (2) land owned by school. The bill also provides a fix expansion of religious facilities is so below, is approved by Texas voters ands the religious organization property tax exemption to )us organization and intended to be used to expand the place a religious organization and leased for use as a non-profit e-year tax penalty if land receiving the new exemption for d. (Note: this legislation becomes effective only if FLJ.1L 55, in September.) H.J.IL 16 - Property Taxe~: proposes an amendment to the Texas Constitution which, if approved by the voters on Septen~ber 13, 2003, will authorize a freeze on city, county, and junior college property taxes for the homesteads of disabled persons and persons over the age of 65, similar to the current freeze on s~hool district taxes. (Please see H.B. 136, above.) H.J.R. 55 - Property Tax Exemption: proposes an amendment to the Texas Constitution which, if approved by Texas votbrs on September 13, 2003, will provide a property tax exemption for: (a) property owne~d by a religious organization and held for expansion or construction of a place of worship and (b) property that is owned by a religious organization and leased to a person for use as a s~hool. (Please see H.B. 1278. above.) S.B. 340 - Pronerty Taxes: does the following regarding rendition (reporting) of taxable, tangible business property: requires that renditions of certain income-producing property have more detail than is required under current law with regard to the description of the property, location of the owner, location of the property, and value; 2. provides that owners of less than $20,000 of tangible property must render only the name and address of the property owner and the location of the property; provides that the rendition requirement is met if, on the request of the chief appraiser, the owner provides a cOpy of a federal or state commission regulatory report that adequately identifies the property; 4. authorizes the chief appraiser to request additional information showing how the owner's good faith estimate of the property's value was determined; 5. extends the deadline for rendition by fifteen days if requested by the owner; 6. prevents thc appraiser frOm adding property to the 2001 or 2002 appraisal rolls as a result of compliance with the bill; 7. makes false statements on a rendition form punishable as a misdemeanor; 8. authorizes a ten-percent penalty of the mount of tax due for failure to timely render; 9. permits the chief appraiser to retain up to 20-percent of a rendition penalty to cover the appraiser's costs; 00:O 013 3 10. provides a 50-percent penalty of the mount of tax due for fraudulent reporting or destroying of relevant documents; 11. provides that rendition actions shall by initiated by the district or county attorney on behalf of the appraisal d~strict; 12. permits the chief appraiser to waive penalties if the owner can show that due diligence was exercised in attempting to render; and 13. shifts the burden of proof to the property owner in some tax dispute proceedings if the owner has failed to render. The bill also does the following with regard to property taxes generally: 1. provides that replacement of a structure because of mold or water damage does not constitute a new improvement for purposes of homestead value caps; and 2. requires that electronic versions of property tax forms be made available to property owners by the agency with which the forms are filed. S.B. 510 - Property Tax Exemption: makes the property tax exemption on travel trailers mandatory, rather than a local option as it is under current law. The exemption would not apply to structures substantially affixed to real estate and used as a residential dwelling. (Note: this legislation becomes effective only if S.J.IL 25, below, is approved by Texas voters.) S.B. 658 - Property Tax Exempti,n: makes permanent the current property tax exemption for motor vehicles leased for personal use. (Note: the exemption is set to expire on December 31, 2003.) Cities that acted before January 1, 2002, to continue taxing such vehicles may continue to do so under the bill. S.J.1L 25 - Property_ Tax Exemption: proposes an amendment to the Texas Constitution which, if approved by the voters on September 13, 2003, will authorize the legislature to make the property tax exemption on lxaYel trailers mandatory, rather than local option as it is under current law. The exemption would not apply to structures substantially affixed to real estate and used as a residential dwelling. (Please see S.B. 510, above.) Sales Tax H.B. 1088 - Sales Tax Information: mends the Tax Code regarding sales tax information as follows: (1) lowers fi'om $100,000 to $25,000 the minimum anlount of sales taxes remitted by a company before certain cities may receive certain information; (2) permits city councils to meet in executive session to receive or question staff about confidential sales tax information; and (3) permits cities to use sales tax information for internal auditing purposes. H.B. 2424 - Taxes: this is the state comptroller's omnibus lax and fee bill. The tax provisions of the bill affect cities in the following ways: 1. exempt from sales taxes certain advertising on Internet web pages; 2. include certain extended warranties and service contracts for the performance of taxable services in the definition ora "sale" for sales tax purposes; 3. exempt from sales taxes lhe sale of intravenous medical devices; 6 -264- 000034 4. increase from $.75 to $1150 the allowable cost of tax-exempt newspapers; 5. provide that the sales ta~ exemption for long-distance phone services does not include mobile phone services; 6. exempt from sales taxes Ilabor used to restore properties listed in the National Register of Historic Places; 7. provide that the current sales tax exemption for certain water-related equipment is only for equipment used exclusively for tax-exempt purposes; 8. prohibit contractors fro n claiming certain tax exemptions related to contracts to improve real property; 9. permit any person, not j' tst those under 19 years old, to sell certain candy and drinks at tax-exempt fund raise~ ~; 10. provide that educational hotel tax exemptions may only be claimed by certain Texas higher education offieial~ 11. provide that the provisions of the Municipal Sales and Use Tax Act apply to any sales tax administered by other local governmental entities; and 12. provide that any cable services, not just cable television, are sourced at the poim of delivery to the consumet. The bill also addresses municipal court costs and fees in the following ways: 1. consolidates the collection and remittance of all court costs and fees collected in municipal court; 2. establishes a court cost of $40 for ail non-jailable misdemeanors; 3. provides a uniform definition for the term "conviction" for purposes of determining when court costs and fees are due; 4. provides for quarterly submittal of court fees; 5. requires the state comptroller to compile a list of court fees adopted or increased during each legislative session and to publish the list in the Texas Register no later than August 1 following ithe end of a legislative session; 6. provides that any new o~ increased court fee would not become effective until January 1 after the effective date of the law imposing the new cost or fee; 7. requires the Legislative Budget Board to prepare an impact statement for each bill or proposed constitutional ~mendment that would impose a court cost on a criminal ease or increase an existing cOurt cost imposed in a criminal case; and 8. provides that the impaot statement must show the total amount of court costs and fees a person would be required to pay under the proposed bill or resolution, 7 000035 -265- The bill also: 1. provides that telecommunications service providers bear the burden of showing through their recordkeeping that certain charges on customer bills are not subject to sales taxes, otherwise the entire bill is taxable; 2. provides that a hotel need not collect municipal hotel occupancy tax if it receives in good faith an exemption certificate complying with the comptroller's guidelines; 3. permits cities of 290,000 population or less (as opposed to 65,000 or less under current law) to spend hotel occupancy tax proceeds on certain sporting events; permits cities to apply for multiple, concurrent enterprise projects within the same enterprise zone (Note: this provision reverses Attorney General Opinion JC-567, which concluded that businesses may not be eligible for concurrent project designations); and 5. exempts from sales taxes the property that will become a component part of certain advertisements. H.B. 3534- Sales Taxes/Economic Development: modifies the statutory def'mition of "place of business of the retailer' for sales tax allocation purposes. Specifically, the bill prohibits the sourcing of sales taxes at certain facilities that process invoices or bills of lading and arc used to avoid muhicipal sales taxes. Purchasing H.B. 211 - Purchasing: provides that a city with a population of 25,000 or more may use the competitive sealed proposal procedure, rather than competitive sealed bidding, to purchase H.B. 2081 - Engineering Practic~es Act: raises from $8,000 to $20,000 the minimum project cost threshold at which cities must hire professional engineers to prepare or approve structural project plans. H.B. 2493 - Competitive Bidding: provides that a city with a population of 225,000 or less may give a preference to a local bidder when purchasing real property, personal property attached to real properly, or services other than professional services, if the local bidder bids an amount that is within five percent of the lowest bid received by the city from a bidder who is not a local resident of the city. S.B. 733 - Bidding: authorizes a city in a county with a population of 50,000 or less to make purchases from certain local vendors without complying with bidding laws, provided the vendor's price is equal to or less than the price at which the city could purchase the same item from a qualified cooperative purchasing program. S.B. 850 - Con;raets and Biddiqg: permits a city by ordinance to refuse to contract with, or accept the low bid of, persons or businesses that are indebted to the city. Other Bills H.B. 7 - State Finance: this is a state government appropriations bill that does the following with respect to cities: (1) appropriates $26.4 million from the Telecommunications Infrastructure -266- 000036 Fund (TIF) to be used for comput}r technology for the Texas Department of Human Services; (2) takes $116 million from the TIF for the existing $30-per-student technology allotment in the state's general fund (Note: this $1 t6 million dollar appropriation is contingent upon }LB. 3459, below, being signed by the governor); and (3) cuts $224,000,000 in 2002-2003 fiscal year appropriations to the TIF. H.B. 425 - Leeislative Intent: prbvides that before a state agency may adopt a nde, it must research the legislative intent of the law that authorizes the role, ensure that the proposed rule is consistent with the legislative history, and seek input from the primary author of the legislation that authorized the role, if that person is still a member of the legislature. H.B. 1934 - Debt: provides that: Il) the proceeds of certain bonds and other public securities may be used to finance improvements to public projects and facilities; (2) premiums received from the sale of certain bonds and securities may be used for various purposes, including debt service; and (3) anticipation notes n~ay be paid through a combination of revenue and taxes. H.B. 2292 - Licensing Fees an{~ Health Care: does the following: (1) requires the Texas Department of Health to set licensing fees in an mount that allows full recove.ry from license holders of all of the department's d~eet and indirect costs of administering each license program; (2) sets at two years the term of each license issued by the Texas Department of Health; (3) raises the maximum allowable licensing and training fees and penalties charged by the Texas Department of Health relating to lOcal emergency medical services personnel and vehicles; (4) requires local governmental risk l~ools to offer coverage for certain childrens' therapies; (5) permits the release of certain confi~tential heal~ information to law enforcement agencies during disease epidemics; and (6) permits Ithe quarantining of certain areas without local governmental consent, as was required under prior law. H.B. 2425 1. - Cit~ Taxes and Finagces: does the following: permits a city to make purchases through the State Council on Competitive Government, rather than using the bidding process; provides that a city over 10,000 in population that receives revenue from the state must provide union du~s payroll deduction services for fire protection personnel if the city permits deductions for purposes other than charity, health insurance, taxes, or other legally mandated purposes (Note: the city may charge a fee for pmvidin4 this service); 3. requires a city to receive payment and performance bonds from vendors prior to entering into energy savings performance contracts; 4. permits energy saving~ performance contracts to be awarded accordin~ to the professional services p~ocurement statutes, in addition to competitive badding as permitted by current laW; 5. prohibits counties, cities, and utility districts from collecting certain excess water or stormwater fees from state agencies or colleges; o authorizes the comptroller to enter the Streamlined Sales Tax Agreement on behalf of Texas if the governor, lieutenant governor, speaker of the house, and comptroller unanimously agree that it would be in this state's best interest; o -267- 000037 7. provides that telecommunications service providers bear the burden of showing through their recordkeel~ing that certain charges on customer bills are not subject to sales taxes, otherwise the entire bill is taxable; 8. provides that retailers who hold sales and use tax permits must collect local use taxes that are due fi.om a purchaser even if the retailer is not engaged in business in the local jurisdiction into which the taxable item is shipped or delivered; 9. provides a sales tax exemption for certain biotechnology cleanrooms and equipment; 10. provides numerous changes to the sourcing of telecommunications services, including provisions that may source telecommunications at the point where the call terminates in certain cases, as opposed to exclusive sourcing at the point of origin, as is current law; 11. deletes a provision of the Tax Code that requires telecommunications providers to separate charges for taxable items from non-taxable items on bills; and 12. cancels the authority of cities to opt-ont of the current sales tax holiday. H,B. 3459 - State Education Issues: if signed by the governor, this bill will trigger the funding of a $30-per-student technology allotment fi'om the Telecommunications Infrastructure Fund (TIF) in the amount orS116 million. (Please see H.B. 7, above). S.B. 407 - Interlocal Contracts: provides that in the absence of an interlocal contract that addresses liability, if a governmental unit furnishes fire or emergency services to another governmental unit, the unit that requests and obtains the services is responsible for any civil liability that arises fi.om the furnishing of those services. The bill also provides that nothing in this section of Interlocal Cooperation Act affects the employer-employee relationship or the terms or conditions of employment between a governmental unit and its employees, such as the payment of wages or provision of benefits, including workers' compensation. S.B. 1161 - Municipal Internet Sgrvices: allows a city to provide services over the internet as provided by law. The bill also allows a city to charge fees to recover the cost of providing these services online. A city may contract with a vendor to provide services, access, or fee collection under this bill. ELECTIONS H.B. 54 - Elections: amends various provisions of the Election Code to provide that: (1) an "election record" for purposes of the Election Code includes (a) anything distributed or received by a government under the Election Code; (b) anything required by law to be kept by others for information of government under the Election Code; or (c) a certificate, application, notice, report, or other document or paper issued or received by government under the Election Code; (2) the balloting materials for voting by mail shall be mailed to a voter entitled to vote by mail not later than the seventh calendar day after the later of the date the clerk accepts the voter's application for a ballot to be voted by mail or the date the ballots become available for mailing, except that if the mailing date is earlier than the 45~ day before election day, the balloting materials shall be mailed not later than the 38th day before election day; (3) a tan'let envelope delivered by common or contract carrier must contain the name and residence address of the person who actually delivered the envelope to the carder; (4) a carder envelope may not be collected or stored at another location for subsequent delivery to the early voting clerk; and (5) information on the roster for a person who votes an early voting ballot by mall shall be made -268- 000038 available for public inspection not later than the day following the day the early voting clerk receives a ballot voted by mail. H.B. 1344 - Elections: clarifies flae Election Code provisions relating to cancellation of an election by providing that a city cOuncil may, in its discretion, declare a candidate elected to office if: (1) the candidate is the o~y person who has qualified to appear on the ballot for that office, and (2) no write-in candidates have submitted their names to be placed on the list for write-in candidates. H.B. 1549 - Elections: amends sev Help America Vote Act of 2002 to ~ral provisions of the Election Code to implement the federal ~rovide that: the Texas Secretary of 5 rate shall implement and maintain a statewide computerized voter registration list th tt serves as the single system for storing and managing the official list of registered voters in the state; the statewide compute 5zed voter registration list must contain the name and registration information, ff each voter registered in the state, assign a unique identifier to each registered voter,~ and be available to any election official in the state through immediate electronic access; an election improveme~ fund is created as a dedicated account in the state general fund and consists ofmo~aey from federal funds designated for election improvements, matching funds from the state or political subdivisions, and interest earned on the assets of the fund; 4. the un. iform electio.n dote for May is changed from the first Saturday in May to the third Saturday m May; 5. a city may change its general election date before December 31, 2004; 6. each polling place that uses an electronic voting system must provide at least one voting station that comp!ies with the Americans With Disabilities Act; 7. an election officer must post a sample ballot in one or more polling places where it can be read by persons waiting to vote; 8. persons who seek to vote without proper identification shall do so under a new provisional voting procedure; and 9. the intent of the voter in marking a ballot may be determined by using several different methods to interpret th6 voter's intent. H.B. 1695 - Elections: amends various provisions of the Election Code to provide that: (1) if the last day for performance of an act required under the Election Code is extended bemuse that day falls on a Saturday, Sunday, or legal holiday, the date to perform the act is extended and the extended date is used to determine any other dates and deadlines; (2) a run-off election must be held not earlier than the 20th day r~or later than the 45a day after the final canvas of the main election is completed, but a home nile charter can provide for a later mn-off election date; (3) the secretary of state shall develop materials for a standardized training curriculum to train election judges and distribute those materials to political subdivisions that hold elections; (4) a political subdivision must use the standardized training program and materials developed by the secretary of state to train its election officerS; (5) the local canvas for a joint election between a city and county or other political subdivision shall be held on the seventh day after the election; and (6) a 1t 000039 -269- mail ballot may be counted if the ballot arrives not later than the fifth day after the date of a joint election held between a political subdivision and a county or other political subdivision. H.B. 2153 - Election Ea_uinment; provides that any contract for the purchase of voting system equipment must be submitted to lhe secretary of state's office for approval, and requires the secretary of state, if a contract is rejected, to provide notice to the parties to the contract that states the reason why the contract was not approved. H,J.IL 59 - Elections: proposes aa amendment to the Texas Constitution which, if approved by Texas voters on September 13, 2003, will provide that for an office of a political subdivision for which the constitution requires an election, the legislature may enact legislation that allows a person to assume office without an election if the person is the only candidate to qualify for election. H.&R. 62 - Elections: proposes aa amendmem to the Texas Constitution which, if approved by Texas voters on September 13, 2003, provides that for an office for which the Texas Constitution requires an election, the legislature may provide by general law for a person to take office without an election if the person is the only candidate to qualify in an election to be held for that election. S.B. 1215 - Elections: amends various provisions of the Election Code to provide that: (1) a city shall order an election not later than the 62"a day before election day; (2) the Election Code provisions relating to the time period for ordering an election supercede any other law outside the scope of the Election Code to the extent of any conflict; (3) an application for a place on the ballot must be filed not later than 5 p.m. of the 62na day before the election; and (4) a city that has a deadline for filing for candidacy that is prescribed by a law outside the Election Code shall take appropriate action to comply with the filing deadline established by the Election Code and adjust any affected date, deadline, or procedure to allow the same interval of time in relation to the filing deadline as would be provided by application of the other law. OPEN GOVERNMENT H.B. 13 - Arrest Warrants: provides that an arrest warrant and any affidavit presented to support the issuance of the arrest warrant is public information beginning immediately when the warrant is executed. H.B. 2032 - Public Information: provides that the email address of a contractor, vendor, or person who responds to a bid is not confidential. S.B. 84 - Public Information Act: provides that an officer for public information shall produce public information for inspection, duplication, or both on request of any person as soon as possible under the circmsmces, within a reasonable time, and without delay. S.B. 653 - Public Information~ clarifies provisions of the Public Information Act to provide that: (1) the charges for a request fo~ information that involves 50 or fewer pages shall be limited to the charge for each page of a paper record that is photocopied; and (2) a request for information is considered withdrawn if the requestor fails to respond to the itemized statement of charges within I0 business days after the statement is sent to the requestor, or the requestor has sent a complaint to the Texas Building and Procurement Commission alleging that the requestor has been overcharged for copies of public information. S.B. 1581 - Audit Workim, Papers: provides that an audit working paper of an auditor of a city is excepted from the requirements of the Public Information Act. -270- 000040 T ANSPORTATION H.B. 156 - Reffional Mobilily A#thority: allows the governing body of a regional mobility authority to coudemn property, wtth certain limitations, for turnpike projects only if: (1) the property is located in a county thatI is part of the authority; or (2) the property is not located in a county that is part of the authority, but the commissioners court of thc county in which the property is located consents to the Condemnation. H.B. 164 - Sales Taxes: provide levied at either one-eighth of one pc H.B. 471 - Texas Transnortation in anticipation of a temporary casl year, to issue, sell, and deliver tax projects, subject to the approval governor, lieutenant governor, speaJ that the local-option street maintenance sales tax may be rcent or one-fourth of one percent. Commission: allows the Texas Transportation Commission, ~ flow shortfall in the state highway fund during any fiscal and revenue anticipation notes to fund transportation-related ' the state's cash management committee (composed of the :er of the house of representatives, and comptroller). H.B. 3588 - Omnibus Transno~tation Bill: enacts comprehensive transportation statutes governing virtually every facet o-f transportation in the state, including the Trans Texas Corridor, regional mobility authorities, and ~e funding of transportation. The bill would enact the Trans TeX~ Corridor Act which, among many other things: 1. provides that the Texas Transportation Commission (TTC) must consider several factors and hold hearings when selecting a route for the Corridor. 2. provides that the Texas Department of Transportation (TxDOT) may specify the location of and operate any facility that is part of the Corridor. encourages private entities to participate in the planning, design, construction, and operation of facilities, including through the use of comprehensive development agreements. 4. authorizes TxDOT to relocate any existing transportation facilities and requires TxDOT to bear the cost of any relocation. 5. provides that TxDOT may direct the time and manner of construction of a public utility facility on the corridor. 6. requires a city-owned utility to pay a fee as a condition of using the Corridor, except that a utility in existence before the establishment of the Corridor may not be required to pay a fee. 7. allows a public utility reasonable access to a utility facility located on the Corridor for the purpose of maintalnlng and Operating the utility. 8. prohibits TxDOT from providing water, wastewater, natural gas, petroleum pipeline, electric transmission, electt'ic distribution, telecommanicafions, information, or cable television services. 9. provides a procedure for utility relocation that includes requirements that: (a) TxDOT initiate good faith negotiatiogs and use its best efforts to provide an affected utility with information necessary to relocate utility facilities; (b) if initial negotiations with the utility 00004-1 -271- do not result in an agreemeat, TxDOT shall provide written notification that relocation of facilities is necessary, shall develop a final plan for relocation, and shall offer reasonable terms and conditions for an agreement; and (c) in most cases, if no agreement is reached within 90 days, TxDOT may relocate the facilities at the sole cost and expense of the utility less applicable reimlmrsement costs. 10. authorizes TxDOT to acquire right-of-way for the Corridor by condemnation or a "Corridor participation payment." 11. provides that the TTC may not disburse money out of the state highway fund or Texas Mobility Fund for construction on the Corridor unless it finds that: (a) the disbursement will reduce traffic congestion to an extent that is comparable to the reduction in traffic congestion that would likel3( be achieved by spending the same mount of money on the project that is the most reasonable alternative; or (b) the mount expended each year from those funds on the addition of capacity to the state highway system would be less than the average annual expenditltre from those funds for the addition of capacity to the state highway system over the previous five years. 12. allows the TTC to establish a reasonable and safe speed limit on the corridor, not to exceed 85 miles per hour. In addition, the bill enacts the Regional Mobility Authority Act to authorize the TTC to create a regional mobility authority at the request of one or more counties to study, evaluate, design, f'mance, acquh'e, construct, maintain, repair, and operate transportation projects. Among other things, the Act: authorizes an authority and a governmental entity to enter into a contract, agreement, interlocal agreement, or other similar arrangement under which the authority may plan, design, construct, or operate a transportation project on behalf of the governmental entity. allows an authority, either on its own or with the assistance of cities, counties, and other governmental entities in the authority, to pay the expenses of a project feasibility study. authorizes an authority to acquire property for a project by condemnation or a participation payment. 4. provides that property owned by an authority is not subject to condemnation by any governmental entity. provides that an authority has full easements and rights-of-way through, under, and over any property owned by any local government that are necessary and convenient to construct, acquire, or efficiently operate a transportation project. provides a procedure for utility relocation that includes requirements that: (a) an authority must initiate good faith negotiations and use its best efforts to provide an affected utility with information necessary to relocate utility facilities; (b) if initial negotiations with the utility do not result in an agreement, the authority shall provide written notification that relocation of facilities is necessary, shall provide a final plan for relocation, and shall offer reasonable terms and conditions for an agreement; and (c) in most eases, if no agreement is reached within 90 days, the authority may relocate the facilities at the sole cost and expense of the utility less applicable reimbursement costs. 14 -272- 000042 provides that an authority may reduce a utility relocation reimbursement by ten percent for each 30-day period by Which the relocation exceeds the time set by the authority or may relocate the utility's facility on its own and charge the cost to the utility. 8. provides that property of a any type. provides that an authority n govemmental entity has de government corporations), (regional transportation au~ enter into a written agreeme 10. authorizes photograph/c enf owner of a vehicle that fails 11. allows an authority to desi approval. authority is exempt from taxation and development fees of ray not construct, maintain, or operate a project that another :ermined to be a project under Chapter 284 (certain local Chapter 366 (regional toll authorities), or Chapter 452 horities), unless the authority and the governmental entity lt. )reement coupled with a civil penalty mailed to the registered to pay a toll. hate entrances and exits from a toll road, subject to TTC 12. provides that the board of directors of an authority may include city representatives. 13. allows TxDOT to participate in authority costs for a turnpike project. 14. authorizes an authority to ienter into a comprehensive development agreement with a private entity to construct, maintain, repair, operate, extend, or expand a transportation project. The bill also allows for new £mancihg techniques for transportation projects, including provisions that: authorize the TTC to issu~ bonds and other public securities up to the amount of $3 billion secured by a pledge iofand payable from revenue deposited to the credit of the state highway fund. 2. authorize the use of "pass-llarough tolls," which are per-vehicle fees or per-vehicle-mile fees that are determined by ~he number of vehicles using a highway. 3. authorize the conversion of a non-tolled state highway to a toll road. 4. allow a county to retain a POrtion of the motor vehicle sales tax. allow the Department of PUblic Safety to assign "points" to a driver's license for traffic offenses and assess a fee tO a license holder based on the number of points assigned to pay for trauma facilities and!emergency medical services. 6. allow a local government to issue bonds on behalf of a regional mobility authority. 7. provide that driver's licensei fees be credited to the Texas Mobility Fund. create an additional court cost on traffic offenses of $30, two-thirds of which would go to the state's general fund and thirty-three percent of which would go to trauma care, and allow a city to retain five percent of the money collected for administration purposes. Finally, the bill contains several miscellaneous provisions, including provisions that: -273- 000043 1. create a misdemeanor traffic offense for an operator of a vehicle facing a Waffle-control signal that does not stop when the traffic signal is dark. raise the penalty for passing a school bus to a class A misdemeanor if the person causes serious bodily injury to another or to a state jail felony if the person has been previously convicted. allow a "neighborhood electric vehicle" to be operated on any street or highway for which the posted speed is 35 mph or less, except that a city may prohibit this activity in the interest of safety. S.B. 361 - Hiehwav Access Rulqs: provides that an access order of the Texas Transportation Commission d-oes not supercedea conflicting role of a city unless: (1) the United States Department of Transportation Federal Highway Administration notifies the Texas Department of Transportation (TxDOT) that enforcement of the city role would impair the ability of the state or to receive funds for highway construction or maintenance fxom the federal government; or (2) TxDOT owns the access fights. S.B. 1782 - Highway Access Roles: prohibits the Texas Transportation Commission from adopting or enforcing a highway access rule that is applicable to a highway located in Harris County, a county adjacent to Harris County, or a city in any of those counties and that is inconsistem with a highway access rule adopted by the city's or county's governing body. The bill provides that an order oftbe conunission does not supersede a conflicting rule of a city or county if United States Department of Transportation Federal Highway Administration notifies the Texas Department of Transportation that enforcement of the city or county rule would impair the ability of the state to reeeive funds for highway construction or maintenance from the federal government. MUNICIPAL COURTS H.B. 1066 - Municipal Court Technology Fund: extends indefinitely the authority of a municipal court to impose the municipal court technology fee, and provides that the revenue may be used for maintaining (as well as purchasing) technological enhancements for the court. S.B. 631 - Class C Misdemeanor: amends various provisions of the Code of Criminal Procedure to provide that: (1) a judge's order of deferral of a Class C offense terminates any liability under a bail bond or appearance bond; (2) a judge may require a defendant who receives deferred adjudication under Article 45.051 relating to Class C offenses to attend a driver's safety course; (2) a deferred adjudication under Article 45.0511 will apply only to offenses within the jurisdiction of a municipal court involving offenses defined by the laws relating to roles of the road, minors and rules of the road, and obeying warning signs; and (4) a municipal court may not require a defendant who requests the discretionary granting of a driver's safety course to pay a fee in an amount that exceeds the maximum amount of the fine for the offense committed by the defendant. (Please note that the language of S.B. 631 and S.B. 1904 is almost identical. S.B. 1904, however, adds a new provision to Article 45.051 that would prohibit a municipal court from collecting a special expense fee when a defendant successfully completes a deferred adjudication involving a traffic offense other than a seatbelt violation. But S.B. 631 provides that if there is a conflict between the provisions of S.B. 631 and any other Act passed by the 2003 legislature, the language of S.B. 631 prevails.) S.B. 782 - Collections: amends various provision of the Code of Criminal Procedure regarding a collections contract between a city and a private attorney or vendor. The bill provides that: (1) a 16 -274- 000044 collection fee does not apply to a c~e that has been dismissed by a court or to any mount that has been satisfied through time-serVed credit or community service; (2) a collection fee may be added to any balance remaining aft0r a partial credit for time-served or community service if the balance is more than 60 days past d ac; (3) unless the contract provides otherwise, the court shall calc.ulate the mount of any collecti >n fee due to the attorney or vendor performing the collection sennce and shall receive all fees inc. that the aggregate total to be col attorney or vendor shall be reduce~ which items subject to collection v collection contract to collect a del offense that was committed before does not apply to a debt collected 1: types of items for which a city rr attorney or vendor. uding the collection fee; (4) if a person pays an amount less ected, the allocation to the comptroller, city, and private [ proportionately; (5) there shall be a time line according to 411 be considered past due; and (6) a city a may enter into a st that was incurred as the result of the commission of an the effective date of these provisions, but the collection fee ursuant to a contract of this type. The bill also specifies the ay enter into a collection services contract with a private 1 S.B. 791 - Court Costs: requires ~he state comptroller to develop and submit a proposal for a ~"~-~t~Wrm~ p--~ogra~n ~der whicl~ the comptroller will periodically monitor the collection, remittance, and reporting of court cOsts and fees collected by municipal courts. The comptroller's proposal must be submitted to the governor, lieutenant governor, and speaker of the house not later than September 1, 2004. S.B. 1180 - Court Co.sts: creates a new state law index of all court costs and fees collected by municipal courts. The index consolidates all the existing court costs into a new Chapter 101 of the Texas Government Code. S.B. 1904 - Class C Misdemegnors: amends various provisions of the Code of Criminal Procedure to provide that: 1. a judge's order of deferral of a Class C offense terminates any liability under a bail bond or appearance bond; 2. a judge may require a defendant who receives deferred adjudication for a non-traffic Class C misdemeanor to attend a driver's safety course; a deferred adjudication under Article 45.0511 of the Code of Criminal Procedure will apply only to offenses within the jurisdiction of a municipal court that involve the operation of a motor vehicle involving offenses defined by laws relating to rules of the road, minors and roles of the road, and obeying warning signs; 4. a municipal court may not rOquire a defendant who requests the discretionary granting of a driver's safety course to pay a fee in an amount that exceeds the maximum amount of the fine for the offense co~tted by the defendant; and under Article 45.051, if a defendant successfully completes a deferred adjudication involving an offense relatec[ to the operation of a motor vehicle, the court may proceed with the adjudication of guilt, but may not impose the fine assessed or a reduced frae. (Note: although S.B.. 1904 contains troubling provisions, TML believes those provisions are negated by the prowsions of S,B. 631, above.) (Note: other bills summarized in other parts of this final report will affect municipal courts. For example, please see H,B. 3588 in the Transportation section and H.B. 2424 in the Finance and Administration / Other Billn section.) 17 -275- 0'00045 COMMUNITY AND ECONOMIC DEVELOPMENT H.B. 212 - Political Signs: provides that a city may not: (1) prohibit political signs from being placed on private property; (2) roquire a permit or fee for the sign being placed on private property; (3) restrict the size of the sign based solely on the fact that it is a political sign; or (4) impose a charge for the removal of the sign that is greater than the charge for removal of other regulated signs. The bill does not prohibit a city from regulating a political sign that: (1) has an effective area greater than thirty-six feet; (2) is more than eight feet high; (3) is illunfinated; or (4) has any moving elements. H.B. 1129 - Deed Restrictions: this bill: (1) prohibits a city from initiating a suit to enjoin a violation of a deed restriction if a property owners' association that is authorized to enforce deed restrictions files suit first; (2) prohibits a city from participating in a suit to foreclose a property association lien; and (3) prohibits a city from enforcing a deed restriction that attempts to limit the rights of public utilities to operate facilities within easements and private or public rights-of- way. H.B. 1197 - Extraterritorial Juri~Idiction: allows a city council to enter into a written contract with an owner of land in the city's extraterritorial jurisdiction to: (1) guarantee the land's immunity from annexation for a period of up to fifteen years; (2) extend certain aspects of the city's land use and environmental authority over the land; (3) authorize enforcement of land use regulations other than those that apply within the city; (4) provide for infrastructure for the laud; and (5) provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties. The bill also validates an agreement entered into prior to the effective date of the bill, so long as the agreement complies with the bill's requirements. H.B. 1204 - Extraterritorial Juris~liction: modifies the provisions of Chapter 242 of the Texas Local Government Code (added by H.B. 1445, 2001 Session), which require a city and county to enter into an agreement specifying which entity will regulate subdivisions of property in the city's extraterritorial jurisdiction (ETJ). The bill applies only to an agreement or subdivision plat that is filed on or after the bill's effective date, which is immediate upon the governor's signature. A development agreement or subdivision plat that is filed before the effective date is governed by the prior law. (This means that existing agreements developed during the past two years are grandfathered.) Specifically, the bill: I. provides that the agreement requirement does not apply to land subject to a development agreement between a city and an owner of land in the city's ETJ. provides that a city and a county may not both regulate subdivisions or "approve related permits" in the ETJ of a city after an agreement is exeented. requires a city and county, on reaching an agreement, to certify that the agreement complies with the requirements of Chapter 242. provides that any expansion or reduction in a city's ETJ that affects property that is subject to a preliminary or final plat, a plat application, or an application for a related permit filed with the city or the county or that was previously approved does not affect any rights accrued under Chapter 245 (the permit "vesting" statute). 5. provides that if the city and county enter into an agreement to establish one, joint office to regulate subdivision plats in the ET J, the office must establish a single set of -276- 000046 consolidated and consisten~ regulations related to plats, subdivision construction plans, and subdivisions of land. 6. requires a city and a coun~ that have not entered into an agreement by January 1, 2004 (in the case of a city with$ population of 100,000 or more) or January 1, 2006 (in the case of a city with a population of 99,000 or less) to enter into arbitration. provides a method by whic~ limits the authority of the m to the disputed issues reg~ subdivisions, or developmeJ provides that each party is e mandates that if the arbitrat~ period, the arbitrator or afl regulation of plats and subr which must provide for a sir plats and subdivisions until either an arbitrator or arbitration panel is chosen. ~itrator or arbitration panel to issuing a decision relating only rding the authority of the county or city to regulate plats, tt plans. tually liable for the costs of arbitration. ~r or arbitration panel has not reached a decision in a 60-day titration panel shall issue an interim decision regarding the ivisions and approval of related permits in the city's ETJ, gle set of regulations and authorize a single entity to regulate . final decision is reached. 11. provides that if an agreement establishes a plan for future roads that conflicts with a proposal or plan for future roads adopted by a metropolitan planning organization, the proposal or plan of the metropolitan planning organization prevails. 12. provides that in certain counties: (a) a plat may not be filed with the county clerk without the approval of both the city and the county; (b) if city and county regulations conflict, the more stringent regulatio~t prevails; and (c) if one entity requires a plat to be filed and the other does not, the entity that does not require a plat must certify that fact in writing to the subdivider. 13.provides that property subject to pending approval of a preliminary or final plat application filed after September 1, 2002, that is released from a city's ETJ shall be subject only to county approval of the plat application and related permits. H.B. 1207 - Zoning: provides that a zoning regulation that affects the exterior appearance or landscaping of a single-family home and that ~s adopted after the approval of a residential subdivision plat does not apply to the subdivision until two years after the plat is approved or until the city accepts the dedication of improvements, whichever is later. H.B. 2130 - Permit Vesting: restflets the existing exemption to the permit vesting statute that allows a city to enact regulations deSigned to prevent imminent destmctiun of property or injury to persons, by providing that those regulations: (1) may only be applied to areas in a floodplain to prevent flooding; and (2) may ~ot be enacted if they affect lot size, lot dimensions, lot coverage, building size, residential oI commercial density, the timing of a project, or development permitted by a restrictive covenant required by a city. H.B. 2912 - Economic Develonment: changes the law regarding 43, and 4B economic development corporations (EDC's?as follows: 1. removes "general promotion and expansion of business development" from the statutory definition of an eligible EDC project; 10 -277- 000047 2. requires EDC projects to create or retain "primary jobs", which are defined in a way that excludes most retail and service industries; 3. clarifies the use of 4A and 4B sales tax money for infrastructure purposes; 4. cancels the ability of4A EDC's to finance certain sewer and water facilities; 5. deletes language that provides that the 4A/4B laws shall be liberally construed in conformity with legislative intent; restricts the use of direct financial incentives to encourage a business to relocate, by limiting the use of such incentives to situations where the incentive is governed by compliance with a performance agreement; 7. prohibits the granting of 4A/4B sales tax incentives to certain purchasing corporations; 8. adds corporate headquarter facilities to the list of eligible EDC projects; 9. cancels the ability of4B EDC's to fmance leaming centers or city buildings; and 10. requires an election of the citizens prior to using 4B sales tax money to finance certain water facilities. H.B. 3075 - Economic Development: makes the following changes to economic development corporations: (I) permits 4A economic development corporations to expend sales tax proceeds on projects within cities other than the city that created the corporation; and (2) permits the corporation to recover its investment through the increased property tax revenues of the beneficiary city. H.B. 3232 - Nuisances/Property Taxes: allows a city in a county with two or more cities with a population of 300,000 or more to add nuisance liens to the mount due on property tax bills. S.B. 275 - Economic Develqpment: abolishes the Texas Department of Economic Development (TDED) and transfers most of its remaining functions to the Texas Economic Development and Tourism Office, an agency under the governor, and to the newly created Texas Economic Development Bank (the "Bank"). Of concern to cities, the bill: (1) transfers the Texas Leverage Fund to the Bank; (2) modifies the criteria by which an enterprise zone or project may be created and the incentives it may offer; (3) transfers oversight of the enterprise zone program to the Bank; (4) transfers administration of defense readjustment zone projects to the Bank; and (5) permits counties to join with cities in offering incentives to attract major sporting events such as the Olympics or the Super Bowl. This bill also repeals the requirement that certain officials receive economic development training. (Note: H.B, 2912, above, retains the lralning requirement, but TML believes S.B. 275 prevails.) S.B. 279 - Texas Department of Licensing and Regulation: this is the Texas Department of Licensing and Regulation (TDLR) sunset bill. The bill continues the existence of TDLR until September 1, 2015, and among othar things: 1. provides that a city: (a) may operate a program for the installation, maintenance, alteration, inspection, or certification of elevators, escalators, and related equipment in lieu of state regulation so long as the city's standards are at least as stringent as state law; and (b) may withhold a certificate of occupancy for a single-family dwelling or for the -278- 000048 installation of an elevator or lhairlift in the dwelling until the certified inspection report to the city. owner provides a copy of a o provides that: (a) an indus indicating that the building c modified or altered is corn building code; (b) a local bu local official to make recon officials shall inspect all con located in the city to specifications. mandates that single-famill and licenses that are applicat authorizes a city to adopt ] value equal to or greater th located within 500 feet of t located; (b) have exterior sidi compatible with the single-t the industrialized housing standards, building setbacks. landscaping, square footage, permanent foundation. trialized building that bears an approved decal or insignia >mplies with mandatory building codes and that has not been idered to be in compliance with a subsequently adopted lding official may witness TDLR inspections to enable the mendatious on inspection procedures; and (c) city building ~tmction involving industrialized housing and buildings to be asure compliance with appropriate designs, plans, and or duplex industrialized housing must have all local permits le to other single-family or duplex dwellings. egulations that require industrialized housing to: (a) have a m the median taxable value for each single-family dwelling ]e lot on which the industrialized housing is proposed tn be ag, roofing, roofing pitch, foundation fascia, and fenestration amily dwellings located within 500 feet of the lot on which proposed to be located; (c) comply with city aesthetic side and rear yard offsets, subdivision control, architectural and other site requirements; and (d) be securely fixed to a 5. provides that a city's authority to adopt regulations to protect historic properties or historic districts remains intact. S.B. 585 - Landscaping: provides ~that a city may provide landscaping services (tree trimming, tree disposal, and so on) only iftbe city makes a written finding that: (1) identifies the problem that requires municipal landscaping services; (2) identifies the public health, safety, or welfare concern; (3) describes actions taken!to alleviate the problem; and (4) specifies a period of definite duration necessary to address the problem. The provisions of this bill do not apply in times of an emergency, catastrophe, or other calamity. S.B. 657 - Tax Inc.r. emcnt Finangin_~: permits any city to exclude captured tax increment for purposes of its effective and rollhaek rate calculations, provided the proper amounts are excluded from both the numerator (taxes iml~sed) and denominator (taxable value). (Under current law, only a city in a county with a population of less than 500,000 may exclude tax increment fi'om its rate calculations.) S.B. 905 - Emergency Services Districts; provides a compensation formula and procedure that a city must follow when annexing territory in an emergency services district. The procedure: (1) provides that a city is not required tO reimburse a district for loans and lease-purchase agreements entered into after the district receives notice of the city's intent to annex district territory or any indebtedness attributed to any real or personal property that the district requires a city to purchase; and (2) mandates binding arbitration for any city and district that fail to negotiate an agreement on the amount of compe~afion due the district. So . 54 - Li ari : provides that for a city that does not have an accredited library, an election to impose a sales tax for a library district will have the effect of reducing an industrial development corporation's tax rate under certain circumstances. The bill also provides that if a 91 -279- 000049 proposed library district would incllude any ten'itory of a city with an accredited library, the city must consent to the inclusion of tho municipal territory. S.B. 1326 - Industrialized H0usi0~: authorizes a city to ~luire industrialized housing to have all local permits that are applicable ~o other residential dwellings and to adopt regulations that require industrialized housing to: (1) have a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located; (2) have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located; (3) comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; and (4) be securely fLxed to a permanent foundation. The bill does not limit the authority of a city to adopt regulations to protect historic properties or historic districts, nor does it affect deed restrictions. S.B. 1708 - Eminent Domain: grants to a real property owner the right to repurchase property obtained by a governmental entity through eminent domain. The right of repurchase is activated if the public use for which the property was acquired is cancelled within ten years of the acquisition through eminent domain. The repurchase price will be the fair market value of the land at the time the public use is cancelled. Governmental entities are required to provide written notice of the right of repurchase to the property owner at the time of acquisition through eminent domain. The governmental entity must also notify the property owner, or the property owner's heirs, at the time of the cancellation of the public use for which the land was acquired through eminent domain. The provisions of the bill do not apply to a right-of-way. S.B. 1771 - Economic Develol~ment: creates the Texas Enterprise Fund, an economic development fund under control of the governor and supported by general state revenue. If approved by the lieutenant governor and speaker of the house, the governor may make grants from the fund to attract new business and for other economic development purposes, including infrastructure, community development, and job training programs. The bill also requires cities to consider the recommendations, if any, of the Texas Economic Development and Tourism Office when granting tax abatements or tax increment financing. PERSONNEL H.B. 804 - Minimum Wage: prohibits a city from adopting a minimum wage that is different from the minimum wage established under state and federal law, and repeals the exception in the state minimum wage law that allows an employer to pay a lower wage to the elderly or persons who are physically or mentally impaired. The restriction does not apply to a minimum wage that is established by a city and that applies to a contract with a private entity. H.B. 1061 - Municinal Employee Travel: allows a municipal officer or employee to participate in the state's travel services contraot for the purpose of obtaining reduced fares and fees. H.B. 1606 -- Financial Disclosure; this bill is a wide-ranging "ethics" bill. Of particular interest to cities is that part which requires city officials in cities over 100,000 to fde personal financial disclosure forms. Specifically, H.B. 1606 will: require each mayor, each member of a municipal governing body, each municipal attorney, each city manager, and each candidate for municipal of[lee to file an annual financial statement with the city clerk or secretary. -280- 000050 require that the fmanci~ statement include aa account of the financial activity of the covered individual (see #1 above) and the individual's spouse and children, if the individual had control over that activity. require that the finaaci~ owned, acquired, or soh interest, dividend, royalt a personal debt of $1,0( businesses owned, acqui from a trust; a list of all 1 require that financial st statement include all sources of income; shares of stocks bonds, notes, or other paper held, acquired, or sold; any or rent exceeding $500; each person or institution to whom or more exists; all beneficial interests in real property or ~'d, or sold; certain gifts received; income in excess of $500 ~oards of directors on which the individual serves; and more. ~tements be made on a form designed by the Texas Ethics Commission. [ 5. provide that the statements are public records. 6. provide that failure to file a statement is a Class B misdemeanor, which is punishable by a f'me of up to $2,000, imprisonment of up to 180 days, or both. These requirements will become ~ffective on January 1, 2005. No fmancial activity occurring before January 1, 2004, is required for any fmaacial disclosure statement mandated by this bill. (Please see the lead-off section in tlais final report. The League will have more to say about this bill in future issues of the TML Leglslative Update or the Texas Town & City magaz2ne. H.B. 1822 - Texas Municipal Retirement Systems (TMRS); makes numerous changes to the TMRS statute, including the folloWing: (1) prohibits the assets of the trust from being diverted for other purposes; (2) allows a person receiving certain distributions from TMRS to have those distributions transferred to aa eligib~_e retirement plan; (3) provides that a member of the system does not experience a break in serVice when taking up to 12 weeks of leave covered under the federal Family and Medical Leave Act; (4) provides that members may receive restricted prior service credit for any govemmental ~ervice if they were employees of a municipality at the time the ordinance is adopted, regardless of their current employment status; (5) increases the lump sum death benefit for retirees from $5,000 to $7,500; and (6) deletes the restrictive list of permissible investments and replace it with the "prudent person" standard required by the Texas Constitution. H.B. 2038 - Civil Service: provides that in a city covered by Chapter 143 of the Local Government Code (fire/police civil service), the beginning position competitive examination must be based on general knowledge and aptitude. (Note: current law provides that the test must be based on knowledge of and qualifications for the job.) H.J.R. 54 - Certain Retirement Systems: proposes aa amendment to the Texas Constitution which, if approved by Texas voterslon September 13, 2003, would provide as follows: The amendment shall apply only to a public retirement system that is not a statewide system aad that provides retirement and death benefits to public officers and employees. (Note: this means that the retirement systems of roughly 130 cities would be affected.) On or after the effective date of the amendment, a change in benefits may not reduce or impair benefits accrued by a person who could have terminated employment or did terminate employment before the date of the change. -281- 000051 An affected retirement system is exempt from this amendment if it holds an election in May 2004 and the majority of the voters vote to exempt the retirement system. S.B. 401 - Public Safety Personnel: provides that a city that employs a public safety employee or volunteer who is exposed to hepatitis B or C is solely responsible for paying the costs of testing to determine whether the person has contracted hepatitis B or C during an on- the-job emergency situation. S.B. 541 - Health Insurance Coverage: authorizes insurers and health maintenance organizations to offer a "standard health benefit plan" that does not include most state-mandated coverage, so that employers and o~er health insurance purchasers may "choose health insurance plans that are more affordable and flexible." S.B. 734 - City Managers / Adm~istrators in General Law Cities: provides that nothing in Chapter 25 of the Local Governmant Code (relating to holding an election to establish the city manager form of government) limits the authority of the governing body of a general law city to appoint and prescribe the powers and duties of a municipal employee or officer under Chapters 22, 23, or 24 of the Local Government Code. S.B. 1047 - Municipal Officers: provides that an elected or appointed officer of a city may not be subjected to disciplinary action, sanction, penalty, disability, or liability for: (1) an action permitted by law that the officer takes in the officer's official capacity regarding a legislative measure; (2) proposing, endorsing, or expressing support for or opposition to a legislative measure or taking any action permitted by law to support or oppose a legislative measure; (3) the effect of a legislative measure or of a change in law proposed by a legislative measure on any person; or (4) a breach of duty, in oonnection with the member's practice of or employment in a licensed or regulated profession or occupation, to disclose to any person information or to obtain a waiver or consent from any person, regarding: (a) the officer's actions relating to a legislative measure; or Co) the substance, effects, or potential effects of a legislative measure. This bill also provides that nothing in Chapter 25 of the Local Government code (relating to holding an election to establish the city manager form of government) limits the authority of the governing body of a general law city to appoint and prescribe the powers and duties of a municipal employee or officer under Chapters 22, 23, or 24 of the Local Government Code. S.B. 1696 - Pension Obligation Bonds: allows a city to sell pension obligation bonds to fund all or part of the unfunded liability of the pension system. The bill also provides that the bonds may be repaid by any taxes or other revenue sources. PUBLIC SAFETY H.B. 9 - Homeland Security: this is the comprehensive homeland security bill. Among many other things, the bill would provide for the confidentiality under the Texas Public Information Act of various critical infrastructure and homeland security information, including information collected, assembled, or maintained by or for a governmental entity for the purpose of preventing, detecting, responding to, or investigating an act of terrorism or related criminal activity and that: 1. relates to the staffing requirements of an emergency response provider, including a law enforcement agency, a fire-fighting agency, or an emergency services agency. 2. relates to a tactical plan. ~4 -282- 00005 consists of a list or compilation of pager or telephone numbers, including mobile and cellular telephone numbers Of certain emergency personnel. relates to an assessment by persons or property, inclm criminal activity. is more than likely to assist chemical, biological, radiolo indicates the specific locatio that is more than likely to I unpublished information r{ biological agents or toxins. or for a governmental entity of the risk or vulnerability of ing critical infrastructure, to an act of terrorism or related in the construction or assembly of an explosive weapon or a :ical, or nuclear weapon of mass destruction. ~ of a chemical, biological agent, toxin, or radioactive material ~e used in the construction or assembly of such a weapon or lating to a potential vaccine or to a device that detects 7. relates to the details o~ the encryption codes or security keys for a public communications system, with certain exceptions. 8. is part of a report to an agency of the United States, relates to an act of terrorism or reis.ted criminal activity, angl is specifically required to be kept confidential in order to pamcipate in a state-federal information sharing agreement or to obtain federal funding. identifies the technical details of particular vulnerabilities of critical infrastructure to an act of terrorism. 10.with some exceptions, co~tains access codes and passwords in the possession of a governmental entity that rel{~tes to the specifications, operating procedures, or location of a security system used to protect public or private property from an act of terrorism or related criminal activity. The bill also provides that a governmental body is not required to conduct an open meeting to deli.berate the confidential information above, but must make a tape of any such executive session. In addition, the bill: requires the governor to develop a statewide homeland security strategy by September 1, 2004 to improve the state's ability to detect and deter threats, respond to homeland security emergencies, and recover from homeland security emergencies. provid.es that the Texas Department of Public Safety is the repository in this state for the collectaon of multijurisdictiOnal criminal intelligence information that relates to terrorist activities or to homeland security activities, and is the state agency that has primary responsibility to analyze and disseminate that information. creates the Critical Infrastructure Protection Council composed of state agency heads (but no local officials) to advise the governor on the development and coordination Of a statewide critical infrastructure protection strategy. allows the governor to appoint an advisory committee composed of representatives from local agencies or non-governmental entities to assist in the development and coordination of a statewide homeland security strategy. 5. grants immunity from liability to an officer, employee, or volunteer of a state or local agency who performs a homeland security activity. -283- 000053 grants immunity from civil liability to a state or local agency that furnishes homeland security services pursuant to an interlocal agreement, unless a person's actions were grossly negligent. provides that a state or local agency that furnishes a service related to a homeland security activity under an interlocal contract is immune from civil liability under most circumstances. 8. requires the governor's off'me to grant funding to state and local agencies for homeland security activities. creates the Texas Infrastructure Protections Communications Center to help implement the governor's homeland security strategy and ensure an effective response in the event of a homeland security emergency. 10. designates September 11 as Texas First Responders Day. H.B. 329 - Mold Assessors a~d Remediators: this bill regulates mold assessment and remediation and establishes licensing and training requirements for persons engaged in those activities. For cities, the most important provisions of the bill are the exceptions: the bill does not apply to routine cleaning; cleaning of air duct systems or appliances; or "the standard performance of custodial activities for, preventative maintenance of, and the routine assessment of property owned or operated by a governmental entity..." H.B. 849 - Tow Trueka: provides that a city may regulate fees charged for nonconsent tows, but a city that does so must establish procedures by which a towing company may request that a towing fee study be performed. The bill also provides that the city shall establish or amend fees for nonconsent tows at amounts that reflect the fair value of towing services and are related to financial data provided to the city. H.B. 1108 - Emergency Services Districts: provides, among other things, that: (a) a city must complete certain procedures to annex territory in an emergency services district; (b) if a district receives notice from a city that the city intends to provide emergency services to territory in the district by some method other than by the use of the district, the district's board must .immediately change its records to show the area has been disannexed; and (c) binding arbitration ts required for any city and district that fail to negotiate an agreement on the amount of compensation due the district. H.B. 1326 - Drag Racing: creates onhaneed criminal penalties for persons who participate in or are spectators at drag races on city streets. The bill provides for the automatic suspension of a person's driving license for one year if the person is convicted ora drag racing offense. ll.B. 1487 - Licensine of Electrician~: adds the Texas Electrical Safety and Licensing Act (Act) to the Texas Occupations Code to: mandate that the Texas Commission on Licensing and Regulation (Commission): (a) adopt rules governing the licensing of electricians and electrical contractors and establishing financial responsibility requirements for electrical contractors; (b) adopt the revised National Electrical Code as the electrical code for the state, as amended by the Board; (c) establish reciprocity agreements with other states that have similar licensing requirements; and (d) collect fees necessary to cover the costs of administering the Act. ~6 -284- 000054 2. require an electrician to hhve a license to perform electrical work, and set out the examination requirements for licensing. allow a city to regulate elect~ offering examinations; (c) i licenses and examinations fi: prohibit a city from requifin appropriate license issued m mandate that electrical wo~ ordinances or in accordance state electrical code adopted provide that a license to peri or in another city under a rec authorize a city to request working in its jurisdiction. icians by: (a) enacting an ordinance requiting inspections; (b) ssuing a city license; or (d) collecting permit fees for city )m electricians for work performed in the city. a person to take a city examination if that person holds the tder the Act and is working within the scope of that license. must be installed in accordance with all applicable local Mth standards at least as stringent as those contained in the by the Commission. 0rm electrical work issued by a city is valid only in that city iprocal agreement. suspension for just cause of the license of a license holder 8. make it a Class C misdemem H.B. 1886 - Code Enforcement Board of Health may impose on c~ renewal of an officer's registration, tor to perform electrical work without a license. )ffleers: removes the $50 limit on the fee that the Texas ,de enforcement officers for an application, examination, or md allows the Board to set fees at levels that cover costs. H.B. 1952 - Swimming Pools: allo ~s a city to: (a) require the owner of a public swimming pool within the city limits to seek a per nit to operate the pool, (b) inspect public swimming pools and impose and collect a reasonable fee to cover the costs of inspection; and (c) issue an order to close any public swimming pool that fails to meet applicable health and safety requirements. H.B.. 32.35 - Building Inspeetor~: requires the Energy Systems Laboratory at the Texas Engineering Experiment Station of Se Texas A&M University System to work with national ~nO~st~ee~.rganizati. o. ns to. de, velop and .a .~,','ni.'s.ter a statewide lwaining.program for manieipal building sp ctors seemng to oeeome cerlmed inspectors, and authorizes the Laboratory to collect reasonable fees to cover the costs of administering the program. H.J.1L 61 - Firefighting Equipment: proposes an amendment to the Texas Constitution which, if approved by Texas voters on Sept. ember 13, 2003, will provide that: (a) a city may donate surplus firefighting equipment to tho Texas Forest Service (TFS), and (b) the TFS may distribute that equipment to rural, volunteer f~ce departments. S.B. 51 - Crime Victims: provides that when a local law enforcement agency makes its initial contact with the victim of a reported crime, the local law enforcement agency shall provide a referral for a sexual assault program and a written description of the services provided by that program, if the local law enforcement agency possesses the relevant information. S.B. 146 - Sex Offender~: authorizes a political subdivision that must publish a sex offender hOrace ~n a newspaper to recover the cost of such notice by including the cost in the offender s utility bill, and may suspend utilitY service if the amount billed is not paid. The bill defines '~tility service" as water, wastewater', sewer, gas, garbage, electricity, and drainage service. ?¸7 -285- 000055 S.B. 283 - Texas Board of Architectural Examiners: this is the Texas Board of Architectural Examiners (TBAE) sunset bill. The bill continues the existence of TBAE until September 1, 2015, and among other things provides that: (1) an officer of a political subdivision who is responsible for enforcing laws that affect the practice of architecture may accept an architectural plan, specification, or other related document only if the plan, specification, or document is prepared by an architect or by a person acting under the supervision of an architect, as evidenced by the architect's seal; (2) an architect is not required for a commercial building that does not exceed a height of two stories or 20,000 square feet; (3) a city that adopts a building code, other than the International Residential Code, shall adopt and enforce either prescriptive provisions for the rehabilitation of buildings or the rehabilitation code that accompanies the city's building code; and (4) a city may adopt the rehabilitation code or prescriptive provisions for rehabilitation recommended by the TBAE or amend its rehabilitation code or prescriptive provisions for rehabilitation. S.B. 501 - Hand un: provides that it is an exception to application of Section 30.06 of the Texas Penal Code (trespass by a handgun license holder) that the property onto which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or place on which a license holder is prohibited fi.om carrying a handgun under Section 46.03 or 46.035. Therefore, S.B. 501 generally bars a city fi.om prosecuting a license holder for carrying a handgun on municipal premises. However, S.B. 501 provides that it is an offense to carry a fu'earm on the premises of any government court or offices utilized by the court. Thus, the clear legislative intent is that handguns are prohibited in any building (including city hall) in which a municipal court is situated. S.B. 504 - Emergency Medical Services (EMS); provides that an EMS provider has a lien of up to $1,000 on a cause of action or a claim of an individual who receives EMS care in a county with a population of 575,000 or less for injuries sustained in an accident caused by another person. .S.B. 572 - Animal Shelters / Euthanasia. provides that: (a) a person may euthanize a dog or eat in the custody of a shelter only by administering pentobarbital or compressed carbon monoxide, (b) other animals may be euthanized only in accordance with certain Veterinary Medical Association standards; (c) the Texas Board of Health (Board) shall establish rules regarding euthanasia, (d) a person may not euthanlze an animal in the custody of an animal shelter -unless that person has completed a training course approved by the Texas Department of Health, (e) a new employee of an animal shelter has 120 days to complete the training (but no euthanasia training is necessary if that employee will not euthauize animals), (f') violation of this new statute or an associated Board rule is a Class B misdemeanor, and (g) adherence to Board rules and the new training requirements shall not be effective until January 1, 2005. S.B. 1010 - Nuisances: this bill: (1) re-classifies as common nuisances many of the acts that currently constitute public nuisances; (2) creates only two public nuisances - criminal street gang activity and habitual use ora place for organized criminal activity; (3) provides that the use of a multi-unit dwelling for any crirainal purpose is a comanon nuisance; and (4) allows a person to bring a lawsuit to abate the use of a place as a common nuisance. s~l~tf~d~-: requires each law enforcement agency to adopt (no later than January 1, 2004) a detailed written policy relating to the arrest of a person for a misdemeanor offense, ~eluding a traffic offense, that is punishable by a frae only. The policy must clearly describe the e~reumstances under which such an arrest is authorized, and must provide for a review of such an arrest. Finally the bill provides that violation of this new law does not affect the validity of any evidence gathered in association with an arrest. -286- 000056 S.B. 1665 - Temnorarv Care 6f a Child: allows an employee or volunteer with a law enforcement agency wh6 has hac~ a background and criminal history check to assist a law enforcement officer with temporary care of a child who is taken into possession until further arrangements can be made. UTILITIES AND ENVIRONMENT H.B. 803 - Condemnation/Water purpose of acquiring rights to wat~ plan, (b) has a water conservation p way, (d) made a good faith effort ~ and (e) needs the water for domes~ provides that: (1) if a city condemn the market value of the groundwat value of the real property; but (2 considered for property tax apprai,;' special commissioners or court sba the proximity of the water to ti environmental impact of producing can be regulated by any other politi~ provides that if a city attempts to condemn property for the :r, it must show that the city: (a) has a drought contingency an, (c) made a good faith effort to obtain water in an alternate o acquire the property through voluntary purchase or lease, ic purposes within the next ten years. In addition, H.B. 803 ~ property for the purpose of developing groundwater fights, ~r fights shall be considered in addition to the local market ) the market value of the groundwater rights may not be al purposes; and (3) during a condemnation proceeding, the I consider the amount and quality of groundwater available, te city, the cost alternatives for the city, the potential :he groundwater, and whether the production of groundwater al subdivision. H.B. 1365 - Texas Emissions Re~lucti0n Plan: among other things, this bill: (1) adds several counties to the list of "affeete~l counties" and authorizes the Texas Commission on Environmental Quality to designatb any other county as "affected" because of deteriorating air quality; (2) provides that a city may consider to be in compliance uny building that is certified by a national, state, or local accredited energy efficiency program and determined by the Energy Efficiency Laboratory at Texas A&M University to be in compliance with state energy efficiency requirements; and (3) m~ndates that a building that complies with the United States Environmental Protection Agency's Energy Star Program certification of energy code equivalency shall be considered in compliance with energy efficiency requirements. H.B. 1541 - Water Districts: among other things, this bill: (1) alters the current authority of a city to enter into a strategic partnership agreement (SPA) with a special district by: (a) providing that an SPA may provide for limited purpose annexation of the district on terms acceptable to the parties_ rather than as currentlY,Provided by statute; (b) prohibiting an SPA from allowing a city to entorce its ordinances in a district; and (c) allowing a special district operating under an SPA to incur additional debt, unless otherwise specified by the SPA; and (2) authorizes a district to adopt and enforce a plumbing ebde, but provides that a city plumbing regulation prevails if there is a conflict. H.B. 1931 - Gas Pipelines: prohibits a person from building, repairing, replacing, or maintaining a eonst{-uetion project on, across, over, or under the easement or fight-of-way of a gas pipeline facility unless notice &the construction is given to the operator of the pipeline facility and: (1) the operator of the pipeline facility determines that the construction will not increase a risk to the public or increase a risk of a break, leak, rupture, or other damage to the pipeline facility; (2) if the operator of the pipeline facility determines that the construction will increase risk to the public or the pipeline facility, the constructor pays the cost of the additional fortifications, barriers, conduits, or other changes or improvements necessary to protect the public or pipeline facility from that risk before proceeding with the construction; (3) the building, repair, replacement, or maintenance is conducted under an existing written agreement or the building, repair, replacement, or maintenance is required to be don. e promptly by a regulated uti!ity company because of the effects ora natural disaster. The bill does not apply to construction -287- 000057 done by a city on property owned by the city, unless the construction is for private commercial use. H.B. 2036 - Collection of Past D, ue Utility Bills / Solid Waste' provides that a city may enter into an agreement for the collection of unpaid utility charges with another city, a county, another political subdivision, or a public agency. The bill also provides that the agreement may provide that a city may refuse to provide utility service to a person who is past due on utility charges owed to another party to the agreement. Finally, the bill clearly provides that a city is not limited in its authority to enforce its grant of a fi'anchise for solid waste collection and transportation services within its territory. ~ makes numegous changes to the current law governing land application of class B sludge. For example, the bill requires that an applicant for a permit, permit amendment, or permit renewal notify by registered or certified mail each owner of land located within one- quarter mile of the proposed land application area of the intent to obtain the permit. The bill also mandates that the Texas Commission on Environmental Quality (Commission) prescribe conditions on which permits are issued, such as a requirement that the permit holder submit quarterly to the Commission a computer-generated report that includes, at a minimum, information regarding: (a) the source, quality, and quantity of sludge applied; Co) the location of the land application unit; (c) the date of delivery and application of the sludge; (d) the cumulative amount of metals applied to the land; (e) crops grown on the land; and (f) the suggested agronomic application rate for the sludge. Finally, the bill requires a permit holder to submit annually to the Commission evidence that the permit holder is complying with the nutrient management plan and practice standards and that the permit holder post a sign that is visible fi.om a road or sidewalk that is adjacent to the premises on which the application occurs stating that a beneficial application site is located on the premises. S.B.~: this is the Texas State Board of Plumbing Examiners (TSBPE) sunset bill. The bill provides, among many other things, that: (1) a person is not required to be a licensed plumber to perform plumbing repair work: (a) located outside of a city and connected to a public water system that does not require a license to perform plumbing; or (b) inside a city with a population of less than 5,000 unless an ordinance of the city requires a person to be licensed (Note: plumbing work on new construction still requires a licensed plumber); and (2) the TSBPE shall establish by rule a code of conduct for licensed plumbing inspectors that requires plumbing inspectors to enforce plumbing laws and rules in a consistent manner across job sites. S.B. 487 - Utilities Reloeatiom provides a procedure for utility relocation necessary to accommodate the state highway system. The procedure includes requirements that: (1) the Texas Department of Transportation initiate good faith negotiations and use its best efforts to provide an affected utility with information necessary to relocate utility facilities; (2) if initial negotiations with the utility do not result in an agreement, the Department shall provide written notification that relocation of facilities is necessary, shall provide a final plan for relocation, and shall offer reasonable terms and conditions for an agreement; and (3) in most eases, if no agreement is reached within 90 days, the Department may relocate the facilities at the sole cost and expense of the utility less applicable reimbursement costs. S.B. 1271 - Gas Utilities: provides that a gas utility that has filed a rate case within the preceding two years: (1) may file with a regulatory authority (a city or the Texas Railroad Commission) a tariff or rate schedule that provides for an adjustment in the utility's monthly customer charge or initial block rate to recover the cost of new investment in an amount up to that necessary to cover depreciation expenses, ad valorem taxes, revenue-related taxes, and incremental federal income taxes; and (2) shall file the tariff or rate schedule with the regulatory authority at least 60 days before the proposed implementation date of the tariff or rate schedule -288- 000058 increase and provide notice to its etmtomers. In addition, the bill: (1) authorizes the regulatory authority to act to suspend the implementation of the tariff, rate schedule, or annual adjustment; (2) requires a gas utihty that imph ments such a tariff or rate schedule to file an annual report with the regulatory authority descr bing the investment projects completed during the preceding calendar year as well as an annual earnings monitoring report demonslrating the utility's earnings during the preceding calendar year; md (3) requires a gas utility implementing such a tariff or rate schedule to reimburse the commis ~ion for the utility's proportionate share of the commission's costs for administration of the inter m rate adjustment mechanism authorized by the bill. MAJt2 R BILLS DEFEATED Hundreds of bills that would have d >ne serious damage to cities were defeated through the efforts of the League and individual cities. ~ irnong them were the following: H.B. 397, limiting the use of certificates of obligation. H.B. 568, restrictin~ (perhaps eliminating) annexation authority. H.B. 1643 / S.B. 56~, allowing for collective bargaining without a petition and popular vote, as are~urrently required. ll.B. 2049, creating ! time limit for processing permits. H.B. 2178, requirin~ a city to pay compensation for a rezoning. H.B. 2466 prohibit~g a city from charging a developer for legal fees incurred in processing permit applications. H.B. 2550, placing cOnditions on contingency fee contracts. H.B. 2674, prohibiti~ag cities from regulating the use of land by churches. H.B. 3162 / S.B. 14~4, providing that some diseases contracted by "first responders" shall be Presumed to be work-related. H.B. 3223, placing acap on increases in appraisals and reducing municipal revenue. In addition to killing these bills, the League killed dozens of harmful amendments. TML member cl}t~s may use the material herein for anypurpose. I No other person or entity may reproduce, duplicate, or distribute any I part of this document without the written authorization of the ~ I -289- 000059 ATTACHMENT 4 LEGISLATIVE HISTORY OF SB 315 AND SB 782 O000BO -290- Bill nformation and History 0-00-2003 - 23:54:1 Bill Number: IX78RSB 3'15 AuthOr: Hinojosa Sponsor: kurta By Hinojosa. SAME AS HB 36. Relating tI the annexation by certain junior college districts of territory in a district's service area. 6/9/03 11:59 PIM Bill History House Description of Action Date S Filed 1-29-03 S Introduced and referred t(~ committee on Senate Education 2- 6-03 S Hearing set for 1:30 P.Mor Adj., Betty King Room - Senate Education 4- 7-03 S Returned to full cemmitte~ without amendments Senate Education 4- 7-03 S Headng set for 8:30 A.M.i EI,028 - Senate Education 4-22-03 S Voted favorably from com~nittee on Senate Education 4-22-03 S Reported favorably from dommittee on Senate Education 4-24-03 S Recommended for LocelRJncontested Calendar 4-24-03 S Placed on the Senate Intent Calendar for 4-30-03 S Laid out for discussion 1~45pm 4-30-03 S Committee substitute ado~3ted 4-30-03 S 1 Floor amendment s) ad~)pted 4-30-03 S Passed (Vote Y: 31/N: 0) 4-30-03 H Received in the House - r~ot referred 4-30-03 H Referred to House Committee on House Higher Education 5- 1-03 H Hearing set for On adj., D~sk #86 - House Higher Education 5-20-03 H Voted favorably from com~nittee as amended House Higher Education 5-20-03 H Reported favorably from obmmirtee as amended House Higher Education 5-24-03 H Recommended for Local and Consent Calendar 5-24-03 H Set on the Local Calendal 5-28-03 H Laid out for discussion 1 lj50am 5-28-03 H 1 Committee amendment(J) adopted 5-28-03 H I Floor amendment(s) adopted 5-28-03 H Passed to third reading oft local calendar 5-20-03 H Passed on local calendar (Vote Y: 144/N: 0) 5-28-03 H Laid out for discussion 11~21am 5-30-03 S Senate concurred in House amendments (Vote Y: 31/N: 0) 5-30-03 G Sent to the Governor 6- 2-03 - General Notes - House floor amendment #1 by Luna ADOPTED. Senate floor amendment #1 by Jackson adopted - End of HIsto~y. -291- Page 1 of 1 000061 Bill Information and History 06-09-2003 - 23:51:14 Bill Number: TX78RSB782 Author: Armbrister Sponsor: Capelo By Armbrister. Relating to the authority of~ a county or municipality to contract for collection services in criminal cases and certain cases involvin~ the parking or stopping of motor vehicles. HB 3159 H Bill History House Description of Action Date S Filed 2-28-03 S Introduced and referred to comm~ee on Senate Criminal Justice 3- 5-03 S Hearing set for 1:00 P.M. or Adj., EI.016 - Senate Criminal Justice 4-15-03 S Voted favorably from con~mittee as substituted Senate Criminal Justice 4-15-03 S Reported from committee as substituted Senate Criminal Justice 4-22-03 S Placed on the Senate Intent Calendar for 4-28-03 S Laid out for discussion 11:42am 4-28-03 S Committee substitute adopted 4-28-03 S I Floor amendment(s) adopted 4-28-03 S Passed 4-28-03 H Received in the House - Not referred 4-29-03 H Referred to House Committee on House Criminal Jurisprudence 4-29-03 H Hearing set for 2:00 PM. or Adj., E2.016 - House Criminal Jurisprudence 5-13-03 H Committee heaHng cancelled House Criminal Jurisprudence 5-13-03 H Hearing set for On adj., Desk #59 - House Cdminal Jurisprudence 5-16-03 H Committee action pending House Criminal Jurisprudence 5-16-03 H Voted favorably from committee as substituted House Criminal Jurisprudence 5-20-03 H Hearing set for On recess, desk #59 - House Criminal Jurisprudence 5-21-03 H Voted favorably from committee on House Criminal Jurisprudence 5-21-03 H Repo[ted favorably from committee on House Criminal Jurisprudence 5-21-03 H Set on the House Calender 5-26-03 H Laid out for discussion 7:24pm 5-26-03 H 2 Floor amendment(s) adopted 5-26-03 H Passed to third reading 5-26-03 H Laid out for discussion 7:04pm 5-28-03 H 1 Floor amendment(s) adoptecl 5-28-03 H Passed (Vote Y: 128/N: 0) 5-28-03 H Laid out for discussion 7:39pm 5-31-03 S Senate concurred in House amendments (Vote Y: 30/N: 0) 5-31-03 G Sent to the Governor 6- 5-03 - Companion Legislation - Capelo (identical) Committee action pending House Criminal Jurisprudence 4-22-03 - General Notes - House 3rd reading floor amendment #1 by Capelo ADOPTED. · House floor amendment #1 by Casteel ADOPTED. · House floor amendment #2 by Corfe ADOPTED. Senate floor amendment #1 by Armbrister adopted End of History htr p://www,te licon,com/htbin/web_his, co tn? TX7 gRSB007g 2 -292- Page 1 of 1 000062 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION June 24,2003 AGENDA ITEM: · Overview of Proposed Fy 2003-04 Budgets for Enterprise Funds STAFF PRESENTER(S): , Name Title/Position Mark L. McDaniel DireCtor of Management and Budget Department ISSUE: As part of the Council reviaw of the FY 2003-04 Proposed Budget, this third presentation will focus on the !following Enterprise Funds: Combined Utility System Airport · Water/Storm water Ambulance · Wastewater Marina · Gas Golf Centers Development Services REQUIRED COUNCIL ACTION: No formal action is required at this time. Mark L.. MuZ/Oan~l Director of Management and Budget -295- FY2003-04 Enterprise Funds Proposed Budgets Focus on the Horizon I Wastewal 21% J Ambulance Airport Water 48% E Focus on the Horizon 3 W 0 0 Utility Sys Revenues (Water - Was water - Gas) Wastewater ICL 26% Purch G; Adjust 11% Other 4% Gas ICL 9% Raw Water Sales 13% Water ICL 20% Water OCL 10% Contract Water 7% M W 0 I S Utility System e Adjustments 10.0% 8.0% 6.0% R. 4.0% el' 2.0% a ? m . n r 0.0% y 94-95 95-96 96-97 98-99 99-00 00-01 01-02 02-03 03-04 WAUR 6% F 6% 6% 6% 6% 0% 2% 5% 5% ■ WASTEWATER 6% 6% 6% 6% 6% 0% 2% 5% 5% GAS 6% 6% 6% 6% 2% 2% 2% 5% 5% Proposed 5 Utility Syst " . xpenditures Other 11% Capital Outlay 2% w Contract 0 N Services 16% Transfers 20% Debt Service 12% Personnel 16% Mat. & Supplies 23% 2 Utility Syste, xpenditures ater - Storm WAR Wastewater - Gas • Salaries & Wages o Year 2 of Comp. /Class. Plan - $1.15 million o Skill -Based Pay/Merit - $400,000 • Re-engineering Program - $1.24 million CD (substantial completion within all utilities) • Capital Improvement Financing - $6.48 million (increase in debt service compared to current year original budget) • Purchased Water/Gas - o Water- Additional 7,500 Acre Feet of Uninterruptible o Gas- Continuation of Higher Gas Prices W 0 A History of Utili $16,0009000 $14,0009000 $1290009000 $1090009000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 ital Expenditures Utility Related Debt Service (Revenue Bond & Refunded Debt Only) 99-00 00-01 01-02 02-03 03-04 n $7,000,000 $6,000,000 $5,000,000 $4,000,000 CD $3,000,000 $2,000,000 $1,000,000 $0 Expenditures - . rchased Water Cost of Purchased Water FY1999-00 FY2000-01 FY2001-02 Fiscal Year FY2002-03 FY2003-04 N w 0 enditures *urchased Gas Cost of Purchased Gas $10.00 $6.00 $4.00 $2.00 $0.00 AugTIOep- 02 Oct- 02 Nov- 02 Dec- 02 Jan- 03 Feb- 03 Mar- 03 Apr- 03 May- 03 Jun- 03 Jul - 03 ■ Actual/* Projected $3.17 $3.51 $3.84 $4.28 $4.25 $4.96 $5.64 $8.99 $8.42 $6.80 $6.48 $6.39 Adopted Budget $3.38 $3.39 $3.43 $3.741$4.04 $4.161$4.101$3.981$3.84 $3.85 $4.44 $3.95 Focus on the Horizon 11 Marina F o- Revenues Bayfront Rev. 19% Other 12% lip Rentals 69% 12 Marina FurlOxpenditures 5% Insurance Debt Serv. 9% 4% Salaries 42% 13 i Marina Fu v fiscal Issues • Recommended Slip Rental Increase of 3% - $24,060 (equates to $3.60/month increase for 40 foot slip) • Staffing Remains at 16.5 Positions (Year 2 Comp./Class. - $20,285) CID • Reserve for Capital Improvements - $185,000 o Piling Replacement o Marina Equipment Repairs • Current Negotiations Regarding Future Development & Maintenance 14 Focus on the Horizon 15 , Golf Center ^ d Revenues Green Fee S urcharg Cart Rentals 25% Concessions_ 2% Pro Shop Sales 8% Green Fees 54% 10 Golf Centers fed Expenditures Insurance Debt ServZu 7% Salaries 39% Supplies 15% I U11 Li uUt ►ervices 14% Allocations W '1! apital Outlay 3% ier 6% 17 160,000 140,000 120,000 a 100,000 80,000 60,000 40,000 20,000 0 i Golf Ce rs Fund History of Golf Round Activity FY1994-95 FY1995-96 FY1996-97 FY1997-98 FY1998-99 FY1999-00 FY2000-01 FY2001-02 IN Golf Centers . s'. d Fiscal Issues • Declining Golf Activity & Revenue Stream • Rate Adjustments to "Stay Even" • Phase I Improvements to Existing Courses - `� $798,500 (to be appropriated from surcharge reserve) o Irrigation, bunker, turf, landscaping & drainage repair o New equipment to improve course maintenance • Additional Phases to be Considered for Bond 2004 Wt Focus on the Horizon 20 Airport F a Revenues Other Parking 111 P-Fni Landing Fees 21% Airline Space Rental 18% Auto Rental 14% 21 C, Airport Furl xpenditures Debt Servic( 11% Public Sa 27% Other 28% Admin. 12% Maint. 22% 22 520,000 500,000 480,000 W 460,000 440,000 420,000 400,000 380,000 History of Enplanements @ Corpus Christi International Airport 1997 gym; `m, Calendar Year ►III 2001 23 5 Airport FuW11 J fiscal Issues • Revenue Up $163,763 o Favorable Oil & Gas Leases o TSA Charges for Space Build Out & Rental W • Overall Expenditures Down $507,905 24 w N Focus on the Horizon 25 Ambulance % Wd Revenues Trans. From Gen. Fun N 45% Other 1% ne rge ncy .all Rev. 54% 26 w N W Ambulance RW Expenditures Contract S ervices Nut. & Supplies 6% Other 10% Personnel MW 27 Ambulance Fio Fiscal Issues • Call Revenue Up - $129,765 o General Fund Subsidy 42% of Fund Resources (Current Year 45%) • Reserve for Salary Adjustments - $76,916 w o Year 2 Comp./Class. Plan & Sworn Personnel N Adjustments • Full Deployment of 8th Ambulance - $500,414 o Increase of $326,204 vs. Current Year Budget 0 7 EMTs, New Ambulance Unit & Supplies • Annual Ambulance Replacement Program o Beginning FY2003-04 ($16,000/Year) W. Focus on the Horizon 29 Development Se s Fund Revenues Other Parking _ 21% Landing Fees D% Airline Space Rental 18% Auto Rental 14% 30 W N v Development Serv'" ' Fund Expenditures Debt Servic( 11% Public Sa 27% Other 28% Admin. 12% Maint. 22% 31 Development Sery ��s Fund Fiscal Issues • Rate Adjustments Totaling $185,477 (General Fund Subsidy = $1,712,550) w • Reserve for Salary Adjustments - $97,928 N CO (Year 2 ComplClass. Plan & Merit) • Further Service Enhancements/Guarantees 32 ZSchedule Balance - July 8th • Special Revenue & Internal Service Funds Overview • Public Hearing W July 15th • 1St Reading of Adoption Ordinance - July 22nd • 2ndReading of Adoption Ordinance 33 Focus on the Horizon ell FISCAL YEAR 2003-2004 ENTERPRISE FUNDS PROPOSED RATE ADJUSTMENTS -331- 1 0.0 w N Combined Financial Summary Financial Summary and Selected Financial Ratios PROPOSED CAPITAL BUDGET ew Tlaougn Revenues 5.057,273 55,119,164 52,316,691 53,527,814 55,425,022 56,591,995 58,655,476 59,074,241 59,407,90 50,772,272 61,709,623 Non -Operating Revenues 2,487,472 2,000,556 2,904,828 2,851,300 3,198,287 3,788,135 3,70,180 37892% 3761507 3,681,179 38@142 Total Estimated Revenues 132.715,007 143,782,488 146,670,424 152,428,315 159,267.137 765644,444 172968,978 178,691,219 184275437 1910565]1 197968185 Operating Expenses Base Operating Expenses 45,701,716 48,198,174 50,614,637 52,118,181 54,079,956 55,469,338 56,908,446 58,35.358 59,844,480 61,382,848 62,955,811 Gas Purchaw 22,162,758 22,228,244 23,011,211 23,825,916 24,695,188 25,595,727 26,528,454 27,01,696 28,495,643 29,537,213 30,616,274 Raw Water f pipeline Expenses 8,976,577 1.194,477 10,110,411 10,387,646 10,683,315 10,950,398 11,224,159 11,504,762 11,792,382 12,087,192 12,389,375 Contract Debt Service 9,89,175 9,914,120 9,918,000 9,926,570 9,926,210 9922,225 9,927,638 8,927,500 8,929,825 8,930,813 8,930,563 Other Non -Debt Operating Expenses 5,715,530 6,147,026 6,233,541 5990,560 6,08.555 6,172,350 6,265,981 8,381485 6458898 6,558,260 8659609 Total Operating Expenses 92,455,756 96,682,041 9,887,800 102,248,872 105,465,224 108,110,038 110,854,678 112,648,801 115,521228 11849,126 121,551,632 Net Revenues Available for Dein Service 40,259,251 47,100,447 46,782,624 50,179,443 53,801,914 57,73.406 62,114,300 66,042,418 68,754209 72560, 4 76,417,553 Storm Water Operations 7,009,267 7,829,324 8,092,099 7,582,748 7,892,133 8,100,164 8,302,672 551_0,._237 --5117293] 137900 894-_002 964590 Debt S.M. 29,372,574 30,289,863 33,780,761 37,591,774 40,419,862 43,099,782 48,217,199 52.369 ]69 54392794 58311284 Total Other Non43perating Expenses 36,380,841 38,118,987 41972.860 45,174.522 48,311,995 52,079,956 56,520,471 6,874,006 59,895.927 63,333,856 65.475854 thcrese(Dray.) to Appropriable Fund Balance 3,878,410 8,981,460 4,909,764 5,00.921 5,4891916 5,654,450 5,593,829 5,168,413 8,858,282 9,226,588 10941689 Combined Appropclable for Operatiane S 43,962,983 S 64.276,844 $ 39,076,998 $ 37,014,216 $ 35,320,838 $ 33,460,186 $ 31,351,852 $ 28,62,363 S 29,394,207 $ 30,329,908 S 32,772,256 Combtction I Capital Outlay Expense: 11,160,879 20,110,741 7," 673 7,243,297 7,515,102 7702,163 7,893,902 8,09.438 8,291,887 8,498,372 8,710,017 Other Available Reassume; 12,503,381 Ending Apprapdaate Fund Balance 45,295,485 34,166,204 32,069,295 29,830,919 27,805,736 25,758,023 23,457,950 20,535925 21,102,320 21,830,536 24.062218 Combined Appropriable ler Operations as a Percent of Operating Expense 47.5% 56.1% 39.1% 36.3% 33.5% 31.0% 26.3% 25.4% 25.4% 25.6% 27D% Days 0Operating Expense 174 205 143 132 122 113 103 93 93 93 98 Current Debt Sam" $ 24,969,961 $ 25,799,243 § 25,466,962 $ 25,477,636 $ 25,475,205 $ 25,495,029 $ 25,518,267 $ 25,537,097 $ 20,418,771 $ 20,413,998 E 20,442,111 New Priority Bonds 0 3,778,755 7,705,920 10,528,373 14,28,797 10,973,116 23,148,622 27,110,930 30,430,908 32,324,153 Total Priority Debt 24,%9,961 25,79,243 29,245,717 33,183,556 36,003,577 39,775,826 44,491,382 48,683,719 47,529,701 S.BM,905 52,766,264 Cumnt Debt Service Coverage 1.61 1.83 1.60 1.51 1.49 115 1.40 1.36 1.45 1.43 145 Rate Covenant Test: Avenge Debt Service $ 19,527,346 $ 24,709,4135 $ 26,069,652 $ 28,351,836 $ 31629,272 E 3.340,406 S 36,79.185 E 36,628,632 E 39,302)23 S 40,332,690 $ 39,215,922 Average Debt Service Coverage 2.06 1.91 1 79 177 1.70 1.68 1.69 1,71 1.75 1.80 1.95 Utility Rate Requirements as a %: Water 509%:.. 5.00% 588%-.. 45D% 426% 4,259A 4.25% 425% 400% 4.00% x-00% Wastewater 5[D%: 5.00% 500%:.. 450% 425% 426% 4,25% 4256'.. 4.00% 4=% 400% Gas 5.00% 6OD% 500% 4,54ek .261% 4.25% 4,26% :. 4.25%: 4.0914 40096 4.00% priority Revenue Bonds: (from GP Wcrkshevtsl Water $ 26,926,500 $ 1,812,219 $ 16,080,000 $ 15,838,500 E 26,225,000 $ 1,375,000 3 27,875,000 $ 7,70.000 S 375,000 $ 5,39.000 Shamnwater $ 6,689,700 $ 27,314,900 $ 6,050,000 $ 5,000,000 $ 5,000,000 $ 5,09,000 $ 5,)00,000 E 5,00.000 $ 5,00.000 $ 5,000,000 Wastewater $ 15,557,600 $ 21,957,200 E 13,044,000 $ 25,925,000 $ 24,850,000 $ 43,500,000 $ 14,500,000 $ 26,975,000 $ 17,250,000 $ 16,100,00) Gas E - 3 - 3 - E - E - E - $ - $ - E - E $ 49153800 $ 51084319 $ 35174000 S 46,763,500 $ 56,075,000 S 49,875,000 $ 47,375000 $ 39675000 $ 22.625,000 $ 26.490000 Assuming annual increases necessary to fund all current CIP Projects Rate Increase: 5.00% 5.00% 4.50% 4.25% 4.25% 4.25% 4.25% 4 nn% 4 nn% 4 nno/. Service Minimum 2002-2003 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 2012-2013 Avg. Cons Actual Projected Projected Projected Projected Projected Projected Projected Projected Projected Projected Water 7 $ 15.77 $ 16.56 $ 17.39 $ 18.17 $ 18.95 $ 19.75 $ 20.59 $ 21.47 $ 22.32 $ 23.22 $ 24.15 Raw Water 7 $ 4.79 $ 6.11 $ 6.11 $ 6.11 $ 6.28 $ 6.27 $ 6.27 $ 6.27 $ 6.25 $ 6.26 $ 6.26 Gas 3 $ 15.79 $ 16.58 $ 17.37 $ 18.20 $ 19.06 $ 19.92 $ 20.81 $ 21.70 $ 22.57 $ 23.47 $ 24.41 Purchase Gas adj $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 $ 19.50 Solid Waste minimum $ 14.84 $ 15.27 $ 15.27 $ 15.27 $ 15.27 $ 15.27 $ 15.27 $ 15.27 $ 15.27 $ 15.27 $ 15.27 Wastewater 7 $ 25.72 $_27.01 $ 28.29_ $ 29_.63 $ 31_04 S 32.44 $ _33M S 35.3.�_;jL�fi.75- $--3822--$ 39.75 *Total Bill $ 96.42 $ 101.03 $ 103.93 $ 106.88 $ 110.09 $ 113.15 $ 116.34 $ 119.54 $ 122.66 $ 125.94 $ 129.33 Percent Increase in Monthly Bill 4.00% 4.79% 2.87% 2.84% 3.00% 2.78% 2.82% 2.75% 2.61% 2.67% 2.70% Solid Waste Service calculated on minimum charge w*" Purchase gas adjustment price based on average of $6.50/mcf City of Corpus Christi Marina Fund - Proposed Revenue Increases Fiscal Year 2003-2004 account name Slip Rentals descripIion of revenue ~eneratin~l activib/ Monthly Slip Rentals Plea! ute croft/linear ff. Coml r~ercial craft/linear ft. Monthly Jfility Recovery Fee Coml ~ercial craft up to 20 feet in length Coml' ~ercial craft more than 20 up to 30 feet Coml ~ercial craft more than 30 up to 40 feet Coml 3ercial craft over 40 feet in length Dry StaCk Boat Rack Lower Level Berth, Secured/month Other Berth, Secured/month Lower Level Berth, Non-Secured/month Other Berth, NonSecured/month Marina Area Rental Fee/sq ft current proposed rate rate difference $3.61 $3.70 $0.09 $4.74 $4.85 $0.11 $7.00 $7.20 $0.20 $9.50 $9.80 $0.30 $14.50 $14.95 $0.45 $23.00 $25.00 $2.00 $17.87 $18.40 $0.53 $14.06 $14.45 $0.39 $17.87 $12.00 ($5.87) $14.06 $8.00 ($6.06) $0.03 $0.01 ($0.02) Boat Haul Outs Boater Special Services Boat Haul Out Facility (travel lift limited to max 15 ton capacity) Haul out/hold in slings (max three hours) $195 $250 Haul and Block $150 Launch (maximum one hour) $82 $150 Emergency Services (min 1 hr chg) Cost of matedal plus 20% surcharge Pump out Equipment with Operator/hr $75 $100 Madna vessel (two person; non-emerg)/hr $100 $200 $55 $150 $68 $25 $100 generated $24,060 $2,298 $427 TotalNew Revenue-MarinaFund $26,78 -334- City of Corpus Christi Golf Centers Fund - Proposed Revenue Increases Fiscal Year 2003.2004 Gabe Lozano Greens Fees ese Greens Fees description of revenue ~lenerating activit~ Weekda~ Green Fees 18 hol ;s 18 hol ;s mid-afternoon (after 1:00 pm) Twiligl rt (starts 3 hours before sunset) 18 hol ts Senior (over age 60) 18 hol ;s Junior (age 18 and under) Execu :ive 9 Execu :ire 18 (twice around Exective 9) Execu Jve 9 Junior (age 18 and under) Execu Jve 18 Junior (age 18 and under) Marsh al Weeken~Green18 ho ;sFees 18 heys mid-afternoon (after 1:00 pm) Twitig~t (starts 3 hours before sunset) 18 holes Junior (age 18 and under) Execqtive 9 Execqtive 18 (twice around Exective 9) ExecUtive 9 Junior (age 18 and under) Execqtive 18 Junior (age 18 and under) Discount monthly punch cards for weekday golf 18 ho~s 18 holes mid-afternoon (after 1:00 pm) Twiligl~t (starts 3 hours before sunset) 18 holes Senior (over age 60) ExecUtive 9 ExecUtive 18 Junior M~nthly Card - Weekday play (residents) Senior M~nthly Card - Weekday play (residents) Youth golf camps annual new current proposed revenue rate rate difference ~lenerated $14.25 $16.25 $2.00 $11.25 $13.25 $2.00 $8.25 $10.25 $2.00 $10.50 $11.50 $1.00 $6.00 $7.00 $1.00 $7.75 $8.75 $1.00 $11.50 $12.75 $1.25 $4.75 $5.00 $0.25 $6.75 $6.00 ($0.75) $0 $1.00 $1.00 $16.50 $18.75 $2.25 $13.50 $15.75 $2.25 $10.50 $12.75 $2.25 $6.00 $7.00 $1.00 $9.25 $10.75 $1.50 $12,25 $13.75 $1.50 $4.75 $5.00 $0.25 $6.75 $6.00 ($0.75) $142.50 $162.50 ;20.00 $112.50 $132,50 ;20.00 $82.50 $102.50 ;20.00 $105.00 $115.00 ;10.00 $77.50 $87.50 ;10.00 $115.00 $127.50 H2.50 $50.00 $55.00 5.00 $90.00 $100.00 ;10.00 $47.00 $50.00 3.00 Gabe Lozano Golf Cart Rentals ese Golf Cart Rentals Golf cart rental rates 9 holes $12.50 $14.50 $2.00 9 holes single rider (off-peak periods only) $8.75 $10.75 $2,00 18 hol~s single rider (off-peek periods only) $12.50 $14.50 $2.00 18 holes two riders $17.50 $21.50 $4.00 Marshal (pilot program) $0.00 $1.00 $1.00 Pull cart I'entals 9 holes $2.00 $2.50 $0.50 18 holes $3.00 $5.00 $2.00 $133,263 $150,577 ~5,686 ~9,6~ Gabe Lozano Pro Shop Sales ese Pro Shop Sales Gabe Lozano Practic Range Golf set rentals 9 holeS $6.00 $6.50 $0.50 19 holes $12.00 $13.00 $1.00 identification card for advance tee time access $6.00 $7.00 $1.00 Range balls Small $2.75 $3.25 $0.50 Large $4.50 $5.25 $0.75 Marshal (pilot program) $0.00 $1.00 $1.00 Total New Revenue - Golf Centers Fund $4,344 $12,560 $7,428 $403,522 -335- Covered Parking City of Corpus Christi AIrlPo~t Fund - Proposed Revenue Increases Fiscal Year 2003-2004 descrlptl/~n of revenue ~leneratln~l actlvit~ regular price of long-term parking/covered parking: per hour* maximum per day rate rate difference generated $0.75 $2.00 $1.25 $7.00 $10.00 $3.00 * proposed rate is $1.00 per half hour '* additional revenue generated dependant upon ~ompletion of covered parking facilities -336- OPTION 3 II '[11 iii I NORTH&WESTENTP, ANCE$CONSOL1DATED -337- / City of Corpus Christi Development~Servlces Fund - Proposed Revenue Increases Fiscal Year 2003-2004 account name Other licenses, permits & fees License & exam fees Building permits Plan review fee Ddveway permit fee Occupancy of public R-O-W Street Easement Closure Landscape fee Zoning Fees Energy Code Permit Development Services Technology Fee description of r~venue 9eneratln9 activity Flood Determinat~tion Letter Engineering Penrnit-temp w~rk in public R-O-W Lease Contract-tong term work in public R-O-W Promotional Evflnts-permit without food Promotional Events-permit with food Plumber License-licensing master plumbers Demolition Pemlit Accessibility Inspection Plan Review-Utility Construction Preliminary: Plan Review-Utility Construction Final: Plan Review-Utility Construction (No Preliminary): Total Plan Review-Utirlty Construction Ddveway Permit>Commercial Utility Easement by separate instrument Revocable Easement Fees-Pipeline apprication fee Revocable Easement Fees-Monitoring w~lls Use Pdvilege/Milsc Agreements Easement Closure Streets & Alley Closure Landscape Fee - less than one acre Landscape Fee · 1 to 3 acres Landscape Fee - over 3 acres Landscape Fee - 3 to 5 acres Landscape Fee * 5 to 10 acres Landscape Fee o over t0 acres Zoning Fees - Verification letter Zoning Fees - Applicant tables zoning case Energy Code - Inspection permit Technology Fee annual new current proposed revenue rate rate difference ~enerated $0 $10 $10 $100 $5O $65 $15 $9OO $0 $5OO $5OO $5OO $34 $48 $14 $1,480 $34 $148 $114 $1,140 $0 $67 $67 $26,934 $28 note 1 $35,000 $0 $75 $75 $1,125 $0 $75 $75 $1,125 $0 $550 + $55/acre on 1,000 acres or less $0 $550 + $22/acre on more than 1,000 acres $0 $715 + $9/acre on 500 acres or less $0 $5,115 + $4/acre on more than 500 acres $0 $605 + $10/acre $25,000 $45 $65 $20 $1,480 $0 $75 $75 $900 $0 $500 $500 $15,000 $0 $500 $500 $1,500 note 2 $500 $5,000 $175 $500 $325 $2,600 $250 $500 $250 $2,250 $48 $55 $7 $49 $84 $100 $16 $256 $126 $126 $0 $0 $126 $150 $24 $1,200 $126 $200 $74 $1,600 $126 $250 $124 $2,000 $24 $50 $26 $156 $0 $50 $50 $300 $0 note 3 $29,151 $0 note 3 $27,731 Total New Revenue - Development Services Fund $184,477 Note 1 Based on size of project. Note 2 Cost based on property value per square foot. Note 3 Based on 2.5% of Permit cost. -338- 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 24, 2003 AGENDA ITEM: Resolution authorizing the Cit~, Manager or his designee to execute an Inter-local agreement with the County of Nueces and County of San Patricio for the purpose of establishing a Regional Health Awareness Board. ISSUE: Concerns over access to public health and environmental decision-making and information have been expressed by some members of the community to regulatory and governmental agencies. Prompted by these concerns, EPA independently began the process of implementing a Risk Evaluation Process model in Corpus Christi to shape future community environmental dialegue. EPA and key stakeholders have agreed that meaningful and sincere dialog~Je over community health and environmetal issues is essential: The EPA and key stakeholders have agreed to formally establish a group that can receive community concerns and route them to the appropriate agencies that can address the issues and improVe the coordination and communication between the community, health and welfare agencies and local government. This agreement between the three primary local governments in the area provides the framework for a community board to be established that receives, coordinates, routes and channels citizens inquiries to appropriate public health and welfare organizations in the community. REQUIRED COUNCIL ACTION; A resolution must be passed authorizing the City Manager or his designee to enter an inter- local agreement with the County of Nueces and the County of San Patricio which would establish the Regional Health Awareness Board. PREVIOUS COUNCIL ACTION: None FUNDING: Administrative support will be provided by existing City and County Public Health Department staff. No direct City funding is required to support the Regional Health Awareness Board. -341- CONCLUSION AND RECOMMI~NDATION: The staff recommends that the City Council adopt the resolution approving the inter-local agreement. As~{ ~.ity Manager Attachments: I.nterlocp,.I A. gre...ement t,o.Pro,m,,ot.~ CommuniJ.t.t.ty D a, ogue on Reg ona Health Awareness ~P.P. en, aix. ~ T. Kegion~,~ ~e.a!tn ~war~eness t~..o,arp ..... ~ ~ooe~ ~or ~.ommumzy u~a~ogule - L;orpus L. nnsth -342- BACKGROUNDINFORMATION For the last several months, a group of citizens have been meeting to discuss ways to improve our community dialogqe about the issues of public health and environmental issues. In February, they briefed about 50 representatives from business, community organizations and elected officials on their progress. The Regional Health Awarenesls Development Committee has continued to meet since then and has developed a model for intergovernmental and organizational cooperation that they would like to report. The group is proposing the creation of a Regional Health Awareness Board that will be formed via an interlocal agreement between the City, the County of Nueces, and the County of San Patricio. Non-governmental organizations are also being asked to participate in this new forum that will focus on improving the communication between all entities active in public health and environmental issues. A bdeflng luncheon was held on June 19th at the Ortiz Center that included representatives from local, regional, state and national entities to review the recommended strategy -343- Regional Health Awareness Board - Corpus Christi, TX Executive Summary Concerns over access to environmental decision-making and information have been expressed by some m~mbers of the Corpus Christi community to the regulatory and governmentail agencies. Prompted by citizen concerns, EPA began the process of implen~entin9 a Risk Evaluation Process model in Corpus Christi to shape future comn~unity environmental dialogue. Since numerous mechanisms for community I:lialogue already exist in the area, the rationale and need for implementing this process was questioned by a number of community stakeholders. All parties agleed that meaningful dialogue over community environmental issues is essential, and formed a Steering Committee, comprised of city, county, industry, conlmunity, public health and regulatory representatives, to assess the current level of dialogue and develop a model that will ensure effective dialogue in the conlmunity. Steering Committee began the following four-step process to address the The community dialogue issue: 1. Assessed EPA's proposed Risk Evaluation Process model 2. Assessed existing mechanisms for community dialogue 3. Conducted a "gap" analysis between EPA's proposal and the status quo 4. Based on those findings, developed a modelto ensure effective dialogue in the Corpus Christi community The assessment identified numerous mechanisms for community dialogue. However, a few "gaps" were also noted, primarily in the areas of awareness, coordination and oversight. The result of the Steering Committee's work is the proposed Regional Health Awareness Board, which will function as an independent oversight committee with advisory capacity to the various existing forums for community dialogue. Regional Health Awareness Board (Oversight Group) Emergency Response City Boards and Commissions I I [ Air Quality I C °~(malt~itY I , County Boards and Commissions Non-governmental Organizations Quality of Life Page 1 of 2 Corpus Christi Regional Health Awareness Board 6/18/03 -344- What is the mission of the Regional Health Awareness Board? To ensure that opportunity exists for quality dialogue by citizens of the Coastal Bend on the issues impactin~g health, safety, environment and quality of life. How would the Regional Hlealth Awareness Board function? The Board will serve as both: (1) a clearinghouse for ensuring inquiries are addressed in an appropriate forum, and (2) an overarching quality control mechanism to ensure that performance based dialogue is available in all topical areas. How will the Regional Health Awareness Board be formed? The Regional Health Awareness Board will be formed via Joint Resolution of the City of Corpus Christi, Nueces County, and San Patricio County. Who will be on the Regional Health Awareness Board? The Board would consist of 13 volunteer, voting members and 4 ex-officio, non- voting members from the following areas: 1. City of Corpus Christi (1) 2. Nueces and San Patricio Counties (2) 3. Community (6) 4. Industry (2) 5. Academia (2) 6. Regulatory (2) (Ex-officio/non-voting) 7. Public health official (2) (Ex-officio/non-voting) How often will the Regional Health Awareness Board meet, and will the meetings be open to the public? The Board will meet with such frequency as necessary to carry out its function, but not less frequently than once each month. All meetings will be open to the public and posted under the Texas Open Meetings Act. How will other organizations become involved? The inter-local agreement adopted by the City of Corpus Christi and Nueces and San Patricio Counties will bind all publicly appointed boards and commissions that fall under their jurisdiction. Other non-governmental organizations (NGOs) will be asked to sign a letter of agreement that will outline participation for those organizations. The letter of agreement will state that an organization agrees to participate in issues that come before the Board as desired or requested. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. Page 2 of 2 Corpus Christi Regional Health Awareness Board 6/18/03 -345- INTERLOCAL AGREEMENT TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ("City"), County of Nueces ("Nueces"), and County of San Patricio ("San Patricio"). Whereas, concerns over access ~o life quality decision-making and information have been expressed by some members of the Coastal Bend communities to regulatory and resource agencies; and Whereas, these citizen concerns resulted in the U. S. Environmental Protection Agency ("EPA") to initiate a risk evaluation process to shape community dialogue; and Whereas, the Parties agree that a meaningful and sincere dialogue over regional health awareness issues is essential; and Whereas, during discussions between the EPA and key stakeholders, questions regarding the rationale, need, and value of implementing this addition process were raised because of the numerous existing forums are available and active in the community to respond to the citizens concerns; and Whereas, the Parties believe that an evaluation of the existing forums available in the area should be undertaken to determine if there is any need to improve or enhance the methods and opportunities for communication and coordination with the local community on regional health awareness issues; and Whereas, the Parties desire to undedake a four step process that will: 1. Assess the EPA's proposed Risk Evaluation Process. 2. Assess existing mechanisms for community dialogue. 3. Conduct a "gap" analysis between the EPA process and the status quo. 4. Based on the findings, develop a model to ensure effective dialogue with the community. NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their governing bodies, agree as follows: 1. Purpose. The purpose of this Agreement is to establish and maintain a Regional Health Awareness Board to assess communication models that the Parties can implement to share information used in their health awareness decision-making and the R34306A4.doc -346- methods the Parties can use to receive and provide to members of the local communities about life quality issues of concern to our residents. 2. Scope of Services. The functions to be performed by the Regional Health Awareness Board under this Agreement are outlined in Appendix A. 3. Other Agreements. Supplementary Agreements and Protocols. The Parties are encouraged, all or some, to entec into additional agreements and protocols governing operating departments of the Parties (for example, fire and health) are authorized and encouraged to enter into specific iprotocols with their counterparts to enhance coordination of regional health aWareness matters. 4. Implementation. The City Manager and County Judges, and their designees, are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 7. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 8. Federal and State Participati,on. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the City. 9. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 10, Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. R34306A4.doc -347- c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 11. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 12. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 13. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Intedocal Cooperation Act. 14. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To '~his end the remaining provisions of this Agreement are severable and continue in full force and effect. 15. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. 16. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 17. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 18. Immunity Not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and lhe performance of the covenants contained in this Agreement. 19. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. R34306A4.doc 3 -348- 20. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this/~greement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 21. Notices. a. Notices under this agre~ement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Nueces County: County of Nueces Attn: County Judge 901 Leopard Street, Room 303 Corpus Christi, Texas 78401-3697 San Patricio County: County of San Patricio Attn: County Judge County Courthouse, Room 109 400 West Sinton StCeet Sinton, Texas 78387 b. The parties to this agreement may specify to the other party in writing. 22. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 23. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. R34306A4,doc 4 -349- 24. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. R34306A4.doc 5 -350- PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Samuel L. Neal, Jr. Mayor City of Corpus Christi Date R34506A4.doc -351- PARTICIPATION NOTICE I hereby notify the Parties that the County of Nueces, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Terry Shamsie County Judge County of San Patricio, Texas, Date R34306A4.doc -352- PARTICIPATION NOTICE I hereby notify the Parties that the County of San Patricio, Texas, has approved participation in the Interlocal Agreement to Promote Community Dialogue on Regional Health Awareness, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Terry Simpson County Judge County of San Patricio, Texas Date R34306A4.doc -353- APPENDIX A REGIONAL HEALTH AWARENESS BOARD 1. Mission of the Regional Health Awareness Board. To ensure that opportunities exist for quality dialogue by citizens of the coastal bend on the issues impacting health, safety, environment, and life quality. 2. How the Regional Health Awareness Board will function? The Regional Health Awareness Board will function as an independent oversight committee with advisory capacity to the various existing forums for community dialogue. The Board's charge is to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patricio County on the issues impacting health, safety, the environment, and life quality. The Board will serve as both (1/ a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and (2) an overarching quality control mechanism to ensure that performance based dialogue is available in all topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Additionally, information from the Regional Health Awareness Board will be shared with the various forums on a regular basis. The forums will be encourage to return report key issues and progress back to the Regional Health Awareness Board. The City of Corpus Christi, Nueces County, and San Patricio County will require their various boards, commissions, and advisory committees to coordinate their related activities with the Regional Health Awareness Board. Non-governmental organizations ("NGO's") with related activities will be requested to enter into a letter of agreement with the Regional Health Awareness Board that outlines their willingness to work with the Board and participate in the Board's activities. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. 3. Who will be on the Regional Health Awareness Board? The Regional Health Awareness Board consists of: Six members representing a cross-section of health, environmental, and social interest. Two of these community members will be appointed by the City Council, City of Corpus Christi, two members will be appointed by the Commissioners Court Nueces County, and two members will be appointed by the Commissioner Court San Patricio County. Each governing body will appoint one of their original community member appointees to a two R34306BS.doc -354- year term and the o|her appointee to a three year term. Subsequent appointments should be for a three year term. In addition, the follo~'ing organizations may appoint members: City of Corpus Christi (1 member) Nueces County (1 member) San Patricio County (1 member) Port Industriels of Corpus Christi (2 members) Texas A & M University- Corpus Christi (1 member) Texas A & M ;University - Kingsville(1 member) Texas Commission on Environmental Quality, Region 14 (1 ex-officio/non-voting member) U. S. Environmental Protection Agency, Region VI (1 ex-officio/non- voting member) City of Corpus Christi/Nueces County Health Depadment (1 ex-officio/non-voting member) San Patricio Health Department (1 ex-officio/non-voting member) 4. The Regional Health Awareness Board shall meet as frequently as necessary to effective carry out its function, but not less frequently than once each month. 5. The meetings of the Regional Health Awareness Board will be open to the public, and posted under the Texas Open Meetings Act, Chapter 551, Texas Government Code. R34306B5.doc 2 -355- A Model for Community Dialogue - Corpus Christi, TX Issue Summary Concerns over access to environmental decision-making and information have been expressed by some members of the Corpus Christi community to regulatory and governmental agencies. Prompted by these citizen concerns, EPA independently began the process of implementing a Risk Evaluation Process model in Corpus Christi to shape future community environmental dialogue. In the pre-planning discussions between EPA and key stakeholdlers, questions have been asked regarding the rationale, need and value of implementing this additional process since numerous mechanisms for community diak~gue current exist and are active in the community. All parties do agree that meaningful and sincere dialogue over community environmental issues is essential; only the methods appear to be in question. Because of this, a Steering Committee comprised of city, county, industry, community and regulatory representative inil~iated an assessment of the various organizations or forums that may be available to ensure quality dialogue on environmental issues in Corpus Christi area. The group has undertaken a four step process: (1) assess EPA's proposed Risk Evaluation Process mode[, (2) assess existing mechanisms for community dialogue, (3) conduct a "gap" analysis between EPA's proposal and the status quo, (4) based on these findings, develop a model to ensure effective dialogue in the community. The following is a summary of findings: Step 1. Assess EPA's Risk Evaluation Process (REP) model The stated purpose of the REP model is to identify and evaluate cross program human health and environmental concerns within Region VI. The stated goal is to provide an ordered process for Region 6 communities to interface with EPA and other stakeholders on environmental issues. it is comprised of a Three Phase Process · Phase h Screening Assessment · Phase Il: Conceptual Model Development · Phase Ill: Stakeholder Workgroups In the Phase I: Screening Assessment, EPA staff to gather: · Available human health, ecological, and socio-demographic data through GIS methods, · Existing program monitoring data, · A list of possible stakeholders (state and local government, advocacy groups, community leaders, business, and local political infrastructure), and · An accounting of applicable laws and regulations. Additionally, the Agency for Toxic Substances and Disease Registry (ATSDR) is charged with the interpretation of incidence and epidemiology data. The outcome of Page 1 Corpus Christi Community Dialogue Model - REVISED 5/21/03 -356- Phase I is a decision if a cross-program project is indicated. In the Phase I1: Conceptual Model Development, EPA is to do the following: · Conduct forums in community to capture community concerns, and, · For each environmental problem identified, EPA will facilitate discussion of health, ecology, and socio;economic issues. The outcome(s) are: · Detailed conceptual model to stakeholders · Decision to form stakeholderworkgroups Under Phase IIh StakeholderWOrkgroups, EPA focuses on the: · Formation of empowered workgroups to communicate with EPA (and others) and achieve group goals. The outcome of Active community based stakeholder workgroups. Additionally, there are several process design criteria suggested by the EPA REP model, including: · The risk evaluation plan requires EPA to facilitate activities, that all decisions be shared activities, and that a goal of empowerment for all through participation and knowledge be achieved. · Important to remember is that all stakeholders should have an equal role. And that the goal is not for EPA to supply all information and suggest all solutions. · Areas of focus: health, ecology, and socio-economic issues · Through formation of empowered stakeholder workgroups communities can communicate with EPA, other agencies and community groups to achieve goals set by the workgroup. Step 2. Assess existing mechanisms for community dialogue The second step involved in_ventorying and assessing existing mechanisms for community dialogue. These mechanisms were grouped according to EPA REP design criteria areas of focus: health, ecology, and socio-economic issues. Additionally, a fourth category - emergency response - was also reviewed. The following table, while no means comprehensive, summarizes many of the existing organizations and forums. Name Description AREA: HEALTH COMMISSION ON Fourteen (14) members appointed by the City Council for three-year CHILDREN & YOUTH staggered terms. One member shall be a representative of each of the following fields: health, social service, religion, legal, law enforcement, education, business, youth services, Nueces County Sheriff's Office, and the District Attorney's office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. The duties of the commission are to support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. Meets the 2nd Monday of every month at 5:30 p.m., City Hall, Page 2 Corpus Christi Community Dialogue Model - REVISED 5/21/03 -357- --- Committee Room. (Advisory) CITIZENS ADVISORY Advisory Health Board, a joint city-county board, of the public health HEALTH BOARD district. Board consists of eleven (11 ) members, 5 County Appointments, 5 City Appdintments, and a Representative from Del Mar College. County Appointrqents are for nomexpiring terms. Counc makes City Appointments for three-~/ear terms. Interested parties should address a letter to his/her council m~ember. Meets at 12:00 P.M. on the third Wednesday of each month in the Administration Conference Room, Held under the Open Meetings Act and posted as required by the City, County, and Health Department, Board addresses public health_issues in Corpus Christi and Nueces County to provide advice to City and County, including Juvenile Department and Memorial Hospital regarding health and welfare operations, services and programs, (Advisory) COMMUNITY .,~CTION Twenty-seven (27) members, three (3) of whom are appointed by the City AGENCY Council for one-year terms to assist the Community Action Agency to develop programs and human resources for the poor of Nueces County. Meets last Thursday of the month at 7:00 p.m., Greenwood Senior Center. (Final Authority) HUMAN RELATIONS Sixteen (16) members, fourteen (14) of whom shall be appointed by the COMMISSION Mayor with approval of the Council to study problems of group relationships within the City. One member shalt represent the area of selling dwellings, one member shall represent the area of renting dwellings and one member of the staff of the Legal Aid Society to serve continuously; three (3) shall not be more than 20 years of age at time of appointment for one-year term and one shall be the chairperson of the Committee for Persons with Disabilities serving as an ex-officio votin9 member. Eleven (11 ) members shall serve for three-year terms. Meets the 1st Thursday of the month, at 5:00 p.m., City Hall, Council Chambers. (Limited Authority) INTERGOVERNMENTAL Thirteen (13) members, three (3) appointed by the City Council; three (3) COMMISSION ON DRUG by Nueces County Commissioners' Court; two (2) appointed by CCISD; AND ALCOHOL ABUSE and one (1) from each of the following: Calallen lSD, Flour Bluff lSD, West Oso lSD, Robstown lSD, and Tuloso-Midway lSD. Purpose is to assist and advise the participating local governmental agencies on programs and methods to combat drug and alcohol abuse among the citizens of Nueces County. Meets 3rd Thursday of the month, 12 Noon, Police Department - 5th Floor Conference Room. (Advisory) CORPUS CHRISTI Mission: Understand and educate on air quality in the Hillcrest and Oak CITIZENS ADVISORY Park area and in all of Corpus Christi. COUNCIL - LONG TERM HEALTH WORK GROUP Performance Measures: Promote proactive reduction of air releases--citizens, government and industry. 2. Monitor the benzene levels by reviewin9 the TECQ and industry data, 3. Define and monitor the level of other chemicals in the area -TRI, El, and NATA. 4. Develop a proactive plan to better educate the public-work with CC Air Quality Committee. COASTAL BEND Coastal Bend Health Education Center was funded through a legislative HEALTH EDUCATION initiative by Carlos Truan. There were millions ear-marked for the Center. Page 3 Corpus Christi Community Dialogue Model - REVISED -358- 5/21/03 CENTER Dr Juan Castro is the director. The Center does all the Medical Continuin9 Education for doctors and nurses and the community in the area. AREA: ECOLOGY STORM WATER Eleven (~1 } members appointed by the Mayor with the approval of the MANAGEMENT council to represent various community interests. The duties of the ADVISORY COMMITTEE committee are to become familiar with the issues surrounding storm water management as well as the City's NPDES permit for storm water and to advise thio Mayor and Council on these issues es the City continues its implemerhtation of the Storm Water Quality Plan. Meets the 3rd Thursday of the mdnth at 1:30 p.m., City Hall, Staff Conference Room. (Advisory) WATER RESOURCES Nine (9) members appointed by the Mayor with the approval of the City ADVISORY COMMITTEE Council Itc two-year staggered terms representing the following categoril~s: 1 - residential customer (homeowner) of the city's water system; 1 - large commercial customer of the city's water system; 1- wholesale raw or treated water customer of the city's regional water supply system; 1 - representative of the Port Industries of Corpus Christi; 1 - representative of a school district located within the city; 1 - represer~tative of a military facility; 1 - representative of a landscaEing/nursery/horticutture interest; 1 - representative of apartment owners associations; and 1 - citizen at large. The Mayor may appoint one or two council members to serve as ex-officio members. (Advisory) CORPUS CHRISTI AIR The Corpus Christi Air Quality Committee is an ad hoc organization with QUALITY COMMITTEE membership from local business and industry, Texas A&M-Corpus Christi and Kingsville, local and state government, the military, and the public. Meetings are held monthly on a regularly scheduled basis. The Committee was originally formed in 1994 as the Ozone Task Force by then Mayor, Mary Rhodes. It was subsequently chartered by City Council Action as the Corpus Christi Air Quality Committee. The primary charge of the Committee is to address compliance of the Urban Air shed (Nueces and San Patricio Counties) with federal air quality standards for ozone and particulate matter. The Committee advises the , voluntary action outreach program through the Pollution Prevention Partnership of Texas A&M-Corpus Christi. It also provides oversight to the air quality planning and research programs conducted by Texas A&M- Kingsville, Department of Environmental Engineering. Committee membership is open to anyone wishing to constructively participate. Funding for the activities of the Pollution Prevention Partnership and the research work of Texas A&M-Kingsville is obtained from grants provided by Legislative appropriation to the Texas Commission of Environmental Quality Biennial Budget. All persons wishing to joint the CAC are welcome. Individuals or groups that have expressed concerns or interest in industrial activities are encouraged to become a member. The contact person is Pierre Rabalais (361) 776-6169. COASTAL BEND BAYS This group was formed in 1998 as a tax-exempt corporation to implement AND ESTUARIES the plans developed by the Corpus Christi Bays National Estuaries PROGRAM Program, a four-year EPA funded research project begun in 1994. This Page 4 Corpus Christi Community Dialogue Model - REVISED 5/21/03 -359- group halS an extraordinarily broad base of public participation, including more than 300 individuals who have contributed their time and expertise to support projects ranging from wetlands restoration and protection to public health issues associated with the marine and riparian environments and an ambitious and successful public education agenda. It has undertaken a comprehensive study of water quality in local bays and waterways that has set a new standard for water quality monitoring. This project has become [ EPA's fa¥orite example of a successful community based water quality I initiative and is frequently cited as the "right way" to approach complicated water studies. Its stakeholders' meetings are held in public buildings, under the Texas Open Meetings Act, posted as required and advertised extensively in order to achieve the broadest possible community participation. The monthly meetings of its directors are posted publicly, including on its interact website, are open to the public, but are held in convenient offices, frequently hosted by individual directors. The Program is supported by a very broad range of public and private funding and draws its directors from a broad range of community participants. COASTAL BEND BAYS The Coastal Bend Bays Foundation is a public interest organization FOUNDATION (non-profit 501 c3) dedicated to the conservation of freshwater and coastal natural resources through communication, advocacy, research and education. Membership is open to the public. Membership is not required to attend monthly meetings. Current active members include environmental activists, industry, city personnel, and other interested individuals. Meeting notices are mailed to the membership and occasionally published in local media. The contact person is Teresa Carrillo (361) 882-3439, OIL AND GAS Eight (8) members appointed by the Mayor with approval of the City ADVISORY COMMITTEE Council for three-year terms to provide advice on all operations for the exploration, drilling, and production of all minerals within the City limits and the effect upon the public health, safety and general welfare of the City. The mem,bership must include three (3) members from the oil and gas industry; three (3) members from the general public who are not connected with the oil and gas industry; and two (2) alternates. The alternate from the general public to serve in the absence of the general public member, and the alternate from the industry to serve in the absence of the oil industry member, Meets on call. (Advisory) AREA: SOCIO- ECONOMICS OXYCHEM, DUPONT, The miss[on of the committee is to provide a forum for discussing issues AIR LIQUIDE which are of interest or concern to the citizens of San Patricio County and COMMUNITY ADVISORY to OxyChem, DuPont, and Air Liquide; to provide feedback to industry COMMITTEE concerning these issues and how they may be addressed, and how they may be communicated with the community at Large. -CORPUS CHRISTI Identify, understand and address issues of concern and importance to the COMMUNITY ADVISORY community through a self-directed citizen forum that encourages COUNCIL (CCCAC) )roductive, honest dialog and fosters mutual understanding. The mission will be achieved in ways that demonstrate these characteristics. 1~ Develop and nurture an honest, productive dialog between the community and sponsors that promotes mutual understanding and trust in a spirit of partnership. 2. Serve as a forum where sponsors and community representatives can __ meet to identify issues from !he citizens, under__stand the issue, an~d Page 5 Corpus Christi Community Dialogue Model - REVISED 5/21/03 -360- AREA: EMERGENCY RESPONSE LOCAL EMERGENCY PLANNING COMMITTEE provide feedback to citizens. Continually identify, address, and respond to community concerns about operations of sponsors. Continually evaluate the effectiveness of sponsors' communications/efforts with the community and advise sponsors on other issues and interests that benefit the communities. Build an~--dTevelop understanding and trust among community, local governmf~nt, and industry regarding the potential for and response to emergen~;y conditions from a chemical emergency. Use of personal safety plan cond~epts developed from the 1993 through 2001 by the process used by the LF~PC and Risk Management Plan. Performance Measure: 70% in Nueces County/Coastal Bend understand the implement a safety plan for chemical emergencies. Step 3. Conduct a "gap" analysis between EPA's proposal and the status quo The third step involved comparing the EPA REP design criteria to the existing dialogue opportunities. This qualitative assessment can be summarized as follows: EPA Design Criteria Currently in Mechanism or Comment Corpus Christi? Agency facilitated '/ Numerous formal groups including the Corpus Christi discussions Community Advisory Council (CCCAC), Local Emergency Planning Committee (LEPC), Corpus Christi Air Quality Committee (CCAQC), Coastal Bend Bays and Estuaries Program (CCBEP); Independent facilitators. )ecisions are shared V' ks areas of mutual community and sponsor interest are identified, plans will be developed and separate work groups organized to address, recommend, and implement appropriate action. (CCCAC Guidelines) Integrated Network Opportunity Coordinates, establishes priorities across forums Empowerment for all '/ To identify, understand, and address issues of concern through - and importance to the community and the sponsors participation and through a self-directed citizen forum that knowledge encourages productive, honest dialogue and fosters mutual understanding. (CCCAC Mission) AIl stakeholders have an The Community Advisory Council is self-directed by the equal role V' citizens and determine its membership. (CCCAC Guidelines) Page 6 Corpus Christi Community Dialogue Model - REVISED -361- 5/21/03 Agency not sole source cfi ¢ ~artner with others: LEPC, RMP, Air Quality Committee, all knowledge Operation Clean Sweep, schools, and others. (CCCAC Mission) Empowerment allows for Opportunity Honesty and sincerity, identifying real issues, and working communication together toward solutions that mutually benefit the community 8Rd sponsors are the keys to success. Empowerment leads to ,/ CCCAC; Operation Clean Sweep action :ocus on health ¢' ' ~,CCAC Long Term Health Working Group Focus on ecology / DCBEP Focus on socio- ./ ;CCAC economics GAP ASSESSMENT The gap analysis reveals that numerous mechanisms and opportunities currently exist for meaningful community dialogue on health, ecology, socio-economic issues and emergency response issues. In summary, existing Corpus Christi forums provide: · Opportunity to participate in decision process · Access to decision makers · Forums for public dialogue · Infrastructure and suppod to ensure continuation of dialogue · Dialogue based upon sou~nd science · Track record of results from past successes As with all systems, there are opportunities for improvement. The "gap" in the analysis appears to exist in three broad areas: · Awareness · Coordination and Oversight · Performance Based There does not appear to be a high level of community awareness about the numerous mechanisms currently available to the citizenry to provide meaningful input into the environmental decision-making process. There also does not appear to be a mechanism to coordinate the findings from the multiple inputs, thereby creating the opportunity for issues to "slip between the cracks" and not be addressed. Nor does there appear to be a clearly stated set of communications goals and objectives for the various mechanisms. Finally, while many of the mechanisms provide the opportunity for meaningful dialogue, there appears to be substantial variation among the mechanisms in the quality of the dialogue. Step 4: Develop a model to ensure effective dialogue in the community, 5/21/0 3 Page 7 Corpus Christi Community Dialogue Model - REVISED -362- As shown in the assessment above, there are numerous existing mechanisms for community dialogue on environmental issues. And there is room for improvement within the existing system. Therefore, there is considerable political and social value is working toward improving the existing communications infrastructure, rather than impose and supplanting a new model and forum. Working under this premise, the good programs in place become better; the exceptiDnal programs in place are enhanced. Recommendation Therefore, it is recommended that the existing communications systems be maximized and that the "gaps" be filled in thg areas of Awareness, Coordination and Oversight, and Performance Based Outcome. In', order to accomplish those objectives, it is recommended that a Regional Health Awareness Board be formed. The following model is presented as an option to accomplish that recommendation. Corpus Christi RHAB Structure R~gional Heath Awareness Board (0~rsi¢l G¢oup) NGO ** / NGO** L * This graphic is for illustration only and does not reflect all of the forums for dialogue currently available or envisioned. ** Non-governmental organization CommunilyAd~so~ C0ur~ How would the Regional Health Awareness Board function? The Regional Health Awareness Board would function as an independent oversight committee with advisory capacity lo the various existing forums for community dialogue. The Board's charge would be to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County, and San Patricio County on the issues impacting health, safety, environment and quality of life. The Board would serve as both (1) a clearinghouse for ensuring that inquiries are addressed in the appropriate forum, and Page 8 Corpus Christi Community Dialogue Model - REVISED -363- 5/21/03 (2) an overarching quality control mechanism to ensure that performance based dialogue is available in all topical areas. The Regional Health Awareness Board will establish standards for effective dialogue and work with the various forums to ensure adoption of these standards. Those standards could include an agreement to receive information or questions, address the issues raised within a reasonable period of time, prepare a quality response, and report back to the Coordinating Board. Additionally, information from the Board will be shared with the various forums on a regular basis. The forums will in return report key issues and progress back to the Regional Health Awareness Boa~rd. The Regional Health Awareness Board will develop such rules and governance to support its mission and function. What is the mission of the Regional Health Awareness Board? To ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the issues impacting health, safety, environment and quality of life. How will the Regional Health Awareness Board be formed? The Regional Health Awareness Board will be formed via Joint Resolution of the City of Corpus Christi, Nueces County, and San Patricio County. Who will be on the Regional Health Awareness Board? The Board would consist of 15 volunteer, voting members from the following areas: 1. City of Corpus Christi (1) 2. Nueces and San Patricio Counties (2) 3. Community (6) 4. Industry (2) 5. Academia (2) 6. Regulatory (2) 7. Public Health Official (2) (Ex-officio / non-voting) How would the Regional Health Awareness Board be appointed? It is recommended that the following groups be responsible for appointing members to the Board: 1. City (1) - An official representative of the City of Corpus Christi appointed by the City Council 2. County (2) - An official re~presentative of Nueces and San Patricio Counties appointed by the Commissioners Court 3. Community (6) - Two appointees from each entity representing a cross-section of health, environmental and social interests across the area and appointed by the City Council or Commissioners Court 4. Industry (2)-Appointed by the Port Industries of Corpus Christi Page 9 Corpus Christi Community Dialogue Model - REVISED 5/21/03 -364- 5. Academia (2) - One each appointed by the President of Texas A&M University - Corpus Christi and the President of Texas A&M University - Kingsville. 6. Regulatory (2) - An official representative of the Texas Commission on Environmental Quality (TCEQ) Regional Director's office and EPA Region 6. 7. The lead public health official from the City/County Health Department and the San Patricio County Health Department will serve as ex-officio, non-voting members. What will be the terms of the appointees to the Regional Health Awareness Board? The appointees will initially functiDn on three-year terms. The terms will be outlined in the interlocal agreement to allow for staggered terms. Members will continue to serve until their replacements are appoiinted. How often will the Regional Health Awareness Board meet? The Coordinating Board will meet with such frequency as necessary to effective carry out its function. It is assumed (at this time) that the Board will meet on a monthly basis. How will other organizations become involved? The interlocal agreement adopted by the City of Corpus Christi, Nueces County and San Patricio County will bind all publicly appointed boards and commissions that fall under their jurisdiction. Other non-governmental organizations (NGO's) will be asked to sign a letter of agreement that will outline particii3ation for those organizations. The letter of agreement will state that an organization agrees to participate in issues that come before the Board as desired or requested. Participation will include attendance at briefings on issues of common interest and the agreement to investigate and propose appropriate responses to those issues. (A draft list of possible partner organizations is attached for consideration.) Will the meetings be open to the public? Yes, all meetings of the Regional Health Awareness Board will be publicly posted and subject to open meetings laws. How will the Regional Health Awareness Board be funded? The Board is envisioned as a "low cost" mechanism to ensure quality dialogue. Resources for the Board are envisioned to be volunteered by the various member areas, i.e., meeting facilities provided by the city, county, industry or academia, logistical suppor[ provided by industry, facilitation funded by small grants from the city, county, regulatory agencies or industry, etc. How is a Regional Health Awareness Board format any different than what currently exists in Corpus Christi? Is this just window dressing? Page 10 Corpus Christi Community Dialogue Model- REVISED 5/21/03 -365- The Board concept is a substantial upgrade to the existing dialogue infrastructure that currently exists in the city. An assessment of the existing communications infrastructure suggests gaps in process and knowledge, rather than in content area. Utilizing the proposed Regional Health Awareness Board format maximizes existing and accepted dialogue mechanisms, while pro¥iding (1) an opportunity for higher quality dialogue, (2) forums for additional dialogue, and (3) a "checks and balances" system that ensures that citizen concerns do not "slip between the cracks." What is the role of the media in the proposed structure? There is not formal role for the media in the Regional Health Awareness Board format. However, all meetings will be public, thereby creating opportunities for airing of issues in a systematic and comprehensive fashion. Regular media coverage of the Board meetings is anticipated. Does this proposed Regional Health Awareness Board format meet EPA's stated objectives of its Risk Evaluation Plan model? EPA's goal for its Risk Evaluation Plan model is to provide an ordered process for Region 6 communities to interface with EPA and other stakeholders on environmental issues. Areas of focus are to include health, ecology, and socio-economic issues. The risk evaluation plan requires EPA to facilitate - not dictate - activities, that all decisions be shared activities, and that a goal of empowerment for all through participation and knowledge be achieved. The forums are suggested to be via empowered workgroups. The proposed Regional Health Awareness Board format meets all stated objectives, both in approach and in content area. In fact, the Corpus Christi process includes an area not included in EPA's approach- Emergency Response. Regional Health Awareness Board Implementation Schedule: January / March · Continue Development of Model · Draft Interlocal Agreement · Community Workshop to community forums and public on Quality of Life Model April · Finalize Model · Finalize Interlocal Agreement · Identify Candidates to Chair Regional Health Awareness Board May/June · Approve Final versions of model Document · Final Version of Interlocal Agreement · Final Identification of Board Membership Page 11 Corpus Christi Community Dialogue Model - REVISED -366- 5/21/0 3 · Interlocal Agreement and RHAB Model presented to City of Corpus Christi Council, Nueces County and San Patricia County for Approval June/July · Membership of Board Finalized · Meeting Schedule Approved · Leadership positions filled · Update Meeting with Worl~shop Attendees August · First meeting of Regional IHealth Awareness Board Page 12 Corpus Christi Community Dialogue Model - REVISED -367- 5/21/03 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH NUECES AND SAN PATRICIO COUNTIES TO PROMOTE COMMUNITY DIALOGUE ON REGIONAL HEALTH AWARENESS Whereas, concerns over access to life quality decision-making and information have been expressed by some members of the Coastal Bend communities to regulatory and resource agencies; and Whereas, these citizen concerns resulted in the U. S. Environmental Protection Agency to initiate a risk evaluation process to shape community dialogue; and Whereas, a meaningful and sincere dialogue over regional health awareness issues is essential to the welfare of our community; and Whereas, during discussions between the EPA and key stakeholders, questions regarding the rationale, need, and value of implementing this addition process were raised because of the numerous existing forums are available and active in the community to respond to the citizens concerns; and Whereas, an evaluation of the existing forums available in the area should be undertaken to determine if there is any need to improve or enhance the methods and opportunities for communication and coordination with the local community on regional health awareness issues; and Whereas, a task force of key stakeholders has proposed the establishment of a Regional Health Awareness Board to assess the EPA's proposed Risk Evaluation Process, assess existing mechanisms for community dialogue, conduct a "gap" analysis between the EPA process and the status quo, and, based on the findings, develop a model to ensure effective dialogue with the community; and Whereas, the City and Nueces and San Patricio Counties are committed to enhancing the current opportunities for community dialogue on health awareness issues in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Mayor is authorized to execute an interlocal cooperation agreement with Nueces and San Patricio Counties to promote community dialogue on regional health awareness. R34306Cldoc -368- ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 20th day of June, 2003~ R. J a,y"Rcef'n i n g ~ Acting City Attorney Samuel L. Neal, Jr. Mayor R34306Cl.doc -369- Corpus Christi, Texas of ., 2003 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott R34306Cl.doc -370- City of Corpus Christi