HomeMy WebLinkAboutAgenda Packet City Council - 07/15/2003 PUBLIC NOTICE [*~,~ ~' -I
PUBLIC NOTICE is hereby given that the City Council meetin[~",~--fl~"~'~;/
Tuesday, July 15, 2003 at 12:00 p.m., Ci~ Hall - Council Chambem, 1201 Leop~us
Christi, Texas has been canceled.
POSTING STATEMENT:
This notice was post?d o~n the City's official bulletin board at the front entrance to City Hall,
1201 Leopard at 1 ' ~YC,' (~/p.m., (~"~//~,_, /: ,2003.
A~mando Chapa
City Secretary
CITY cOUNCIL AGENDA
JULY 15, 2003
Corpus Christi
2OO3
!
1:45 P.M. - "At Your Service" City Staff Recognition Program
Mayor and Council Members welcome Krispy Kreme to Corpus Chdsti
AGENDA
CI~Y OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JULY 15, 2003
12:00 P.M.
PUBLIC NOTICE - THE USE OF ICELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provide~ an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. ¥our presentation will be linlited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree q~e su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas del
Concilio pare ayudarle.
Persons with disabilities who plan to attpnd 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 Dr. Micah Davidson, Senior Pastor, Gardendale Baptist Church.
C. Pledge of Allegiance to tile Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Melody Cooper
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Manager George K. Noe
Acting City Attomey R. Jay Reining
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of July 8, 2003. (Attachment # 1)
Agenda
Regular Council Me~ing
July15,2003
Page 2
He
EXECUTIVE SESSION: /
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any tim.: during the meeting in order to discuss
any matters listed on the age/ da, when authorized by the provisions of
the Open Meeting Act, Chap;
and that the City Council si
session on the following matt,
into executive session rega
sections of the Open Meetin(
will be publicly announced b
er 551 of the Texas Govemment Code,
~ecifically expects to go into executive
:rs. In the event the Council elects to go
'ding an agenda item, the section or
,s Act authorizing the executive session
the presiding office.
Executive session under iTexas Govemment Code Section
551.071 regarding United ~ates vs. City of Corpus Christi, Cause
No. C-03-015, in the United States Distdct Court for the Southem
District of Texas, with possible discussion and action in open
session.
Executive session under Texas Government Code Sections
551.071, 551.072 and 55~1.087 regarding the acquisition and
development of site for a iminor league baseball stadium with
possible discussion and related action in open session.
BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 4)
Commission on Chil{:lren and Youth
Storm Water Manag~ement Advisory Committee
Water Resources Advisory Committee
EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are
listed as motions, resolutions, or ordinances. If deemed
appropriate, the City CoUncil will use a different method of
adoption from the one listed; may finally pass an ordinance by
adopting it as an emergenqy measure rather than a two reading
ordinance; or may modify the action specified. A motion to
reconsider may be made at this meeting of a vote at the last
regular, or a subsequent ~pecial meeting; such agendas are
incorporated herein for reconsideration and action on any
reconsidered item.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~J)
Agenda
Regular Council Meeting
July 15,2003
Page 3
I. CONSEt
Notice
The following items are of a routine c
been fumished with background an~
has been discussed at a previous me
vote without being discussed sept
Member or a citizen, in which eve~
withdrawn for individual consideratior,
requiring separate discussion have b~
be adopted by one vote.
IT AGENDA
the Public
~ administrative nature. The Council has
support matedal on each item, and/or it
~ting. All items will be acted upon by one
rarely unless requested by a Council
the item or items will immediately be
in its normal sequence after the items not
~en acted upon. The remaining items will
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote pn all motions, resolutions and ordinances not
removed for individual consideration)
Motion authorizing the City Manager or his designee to execute
a three-year lease (contingent on the funds budgeted in FY 2004-
2007) with Old Lipan, Ltd. Of Corpus Christi Texas for the facility
space to operate the Juverlile Assessment Center in the amount
of $33,664.20 per year which has been budgeted in the FY 2003 -
2004 budget of the CorpusiChdsti Crime Control and Prevention
District. (Attachment # 5)
o
Resolution authorizing the review of Transmission and
Distribution (T & D) rates of AEP Texas Central Company
(Company); directing Company to file certain information ("Rate
Filing Package") with the City of Corpus Christi; setting a
procedural schedule for the gathering and review of necessary
information; setting dates for the filing of the City's analysis of the
Company's filing and the Company's rebuttal to the analysis;
authorizing the hiring of leg~al counsel and consultants; requiring
the reimbursement of the City of Corpus Christi's T & D rate case
expenses; setting a public hearing to determine if the existing T
& D rates are unreasonal31e or in any way in violation of any
provision of law and to detetrnine just and reasonable T & D rates
to be charged. (Attachment # 6)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
July 15, 2003
Page 4
10.
11.
12.
Resolution authorizing th,
execute a Local Project ,~
Voluntary Transportation
Department of Transportati
of a proposed drainage c
development of Cefe Valen
for preliminary engineering
to availability of funds). (A
Resolution authorizing the I
County Public Health Dis
Department of Health and
of a $50,000, three-year ret
to supplement existing con
systems. (Attachment #
; City Manager or his designee to
dvanced Funding Agreement for the
mprovement Project with the Texas
)n (TxDOT) governing the construction
alvert on FM 70 to serve the future
~_uela Landfill in the amount of $16,000
and $900,000 for construction (subject
tachment # 7)
)irector of the Corpus Christi - Nueces
rict or his designee to apply to the
Human Services for first-year funding
,ewal grant for a demonstration project
Imunity emergency medical response
Resolution authorizing the Director of the Corpus Christi - Nueces
County Public Health District or his designee to submit a grant
application to the Texas ~epartment of Health for a one-year
$204,750 grant to provide !additional personnel and supplies for
the continued provision of ih3munization services. (Attachment #
9)
Resolution authorizing the Director of the Corpus Christi - Nueces
County Public Health Di~tdct or his designee to submit an
application to the Texas Department of Health for a one-year
$149,797 renewable contract to fund the elimination and control
of tuberculosis in Nueces County. (Attachment # 10)
First Reading Ordinance -~Amending Article XI, Commercial and
Industrial, Chapter 55, Utilities of the Code of Ordinances, City of
Corpus Christi, regarding disposal and pretreatment of commercial
and industrial waste; and providing for penalties. (Attachment #
11)
Second Reading Ordinance - Amending the Zoning Ordinance by
revising Article 17, "B-5" Primary Business District, Article 18, "B-6"
Pdmary Business Core Dislrict, and Article 22, Off-Street Parking
Regulations. (First Reading - 07/08/03) (Attachment # 12)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summa~)
Agenda
Regular Council Meeting
July 15,2003
Page 5
13.
/
PUBLIC HEARINGS: 2:(~0 P.M.
/
ZONING CASES:
Case No. 0603-02, Mike Ylarbrouqh: A change of zoning from a
"R-lB" One-family Dwellipg Distdct to a "B-l" Neighborhood
Business Distdct on Yarbrqugh Addition, Lots 4 and 5, located on
the west side of Aidine Rqad and 600 feet south of Holly Road.
(Attachment # 13)
Planninq Commission and Btaff's Recommendation: Approval of
the "B-1~ Neighborhood BLlsiness District.
ORI~INANCE
Amending the zoning o~dinance upon application by Mike
Yarbrough by changing the zoning map in reference to Lots 4 and
5, Yarbrough Addition from "R-1B" One-family Dwelling Distdct to
"B-1" Neighborhood Business District; amending the
Comprehensive Plan to ~ccount for any deviations from the
existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of Me
agenda summary)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
14.a.
Ordinance appropriating $30,379 from the Reserve for
Government Access Equil~ment and Facilities in the No. 1020
General Fund for accesS channel equipment and facilities
amending Operating Budget adopted by Ordinance No. 024974 t(
increase apprepdations by!$30,379. (Attachment # 14)
14.b.
Motion authorizing the City!Manager or his designee to execute
contract with Channel 10 PAUG/NuPAC, Inc. of Corpus Christi,
Texas for a 12-month pedod with a renewal option of four
additional one-year periods, subject to the approval of the
contractor and the City Manager or his designee, to manage a
public access studio and editing equipment with City donated
equipment for public accesJs producers for a one-time payment of
$15,458 for facility and equipment set-up and $14,921 for
replacement of inoperable equipment. (Attachment# 14)
Agenda
Regular Council Meeting
July 15,2003
Page 6
Le
16.
15.
Resolution authorizing ti'
execute on behalf of the (
Water Supply Contract be1
and the City of Corpus Ch~
SPECIAL BUDGET CON.~
PROPOSED BUDGET FY
e City Manager or his designeeto
:ity of Corpus Christi the Interruptible
ween Lavaca-Navidad River Authority
isti, Texas. (Attachment # 15)
IDERATION ITEMS:
2003-2004:
First Reading Ordinance ~. Adopting the City of Corpus Christi
Budget for the ensuing FisCal Year beginning August 1, 2003; to
be filed with the County! Clerk and appropriating monies as
provided in the budget. (A[tachment # 16)
PROPOSED REVISIONS 'to THE CODE OF ORDINANCES,
CHAPTER 39, PERSONNEL:
17.
First Reading Ordinance - Amending the Code of Ordinances by
revising Section 39 - 303,1 Standard Classifications, Pay Plans,
Pay Grades and Ranges, As amended; revising Section 39 - 304,
Classified Service defined, ias amended; revising Section 39 -349,
Plan II, Personal Leave ~or Plan II employees, as amended;
revising Section 39 - 318, Discretionary Payment of Involuntary
Termination, as amended; ~*epealing all other ordinances and rules
or parts of ordinances and rules in conflict with this ordinance.
(Attachment # 17)
PROPOSED FEE/RATE II, CREASE ADJ.U..STMENTS
INCLUDED IN THE PROPOSED FY 2003 2004 BUDGET:
18.a.
18.b.
First Reading Ordinance- Amending the Code of Ordinances, City
of Corpus Chdsti, Chapter 55, Utilities, regarding water, gas and
wastewater rates and providing an effective date of August 1,
2003. (Attachment # 18)
First Reading Ordinance-Amending the Code of Ordinances, City
of Corpus Chdsti, to establish Section 55-7 to adopt a monthly
fifty cent local exchange aqcess line service fee to provide for the
purchase, installation and maintenance expenses, including
personnel, of 9-1-1 servicet in the City of Corpus Christi,
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
July15,2003
Page 7
18.C.
18.d.
18.e.
18.f.
18.g.
Texas; repealing Ordinan~;e No. 024971 which established a
monthly forty cent fee and p 'oviding for an effective date of August
1, 2003. (Attachment # 18
First Reading Ordinance - A
of Corpus Christi to increas~
fees as fellows: Food Handl
to $7; Day Care Facility h
Transmitted Disease Clir
Transmitted Disease Clini
Service Permit Reinspecti(
Inspection, Fee of $50; Birt[
mending the Code of Ordinances, City
; and establish the Health Department
.=r and Food Manager's Permit from $6
ispection from $35 to $50; Sexually
ic visit from $5 to $15; Sexually
~ blood test from $5 to $10; Food
~n, Fee of $50; Foster Family Home
, Certificate Cover, Fee of $1; Letter of
Verification for Cosmetology License Applicants, Fee of $50;
amending Section 23-19 r~garding fees for Water Sample Lab
Tests; and providing for anleffective date of August 1, 2003.
(Attachment # 18)
Resolution authorizing feesifor laboratorytesting of water samples
for FY 2003 - 2004 and providing for an effective date of August
1, 2003. (Attachment # 18)
First Reading Ordinance - ~mending the Code of Ordinances, City
of Corpus Christi, SectiOn 53-257, Parking Meter Zones:
established by amending certain parking meter zone rates;
providing for penalties; and providing for an effective date of
August 1, 2003. (Attachment # 18)
First Reading Ordinance - Amending the Code of Ordinances, City
of Corpus Christi, Section 9+35.1, Parking Rates, to increase long-
term (houdy) parking ratesiand adding covered parking rates at
the Corpus Christi Intemalional Airport; providing for repeal of
conflicting ordinances; provlding for penalties; and providing for an
effective date of August 1, 2003. (Attachment # 18)
First Reading Ordinance -Amending the Code of Ordinances, City
of Corpus Christi, Chapter 21, Garbage Trash and other refuse to
increase the solid waste system service charges; providing for
penalties; and providing for'an effective date of August 1, 2003.
(Attachment # 18)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
July 15,2003
Page 8
18.h.
18.j.
18.k.
M=
19.
20.
First Reading Ordinance -
of Corpus Christi, Chapter
to increase, in certain inst
permit fee; providing for p{
date of August 1, 2003.
mending the Code of Ordinances, City
;)1, Garbage, Trash and other Refuse
ances, the solid waste hauler annual
~nalties; and providing for an effective
[tachment # 18)
First Reading Ordinance -' Amending the Code of Ordinances,
City of Corpus Chdsti, Ct apter 49, Streets and Sidewalks; to
increase fees to close ar d abandon street or easement and
providing for an effective date of August 1, 2003.
(Attachment # 18)
First Reading Ordinance ~ Amending the Code of Ordinances,
City of Corpus Christi, ChSpter 13, Buildings; Construction; and
Related Operations; housirlg and housing premises standards; to
add a new flood determiqation letter fee and providing for an
effective date of August 1,2003. (Attachment # 18)
First Reading Ordinance- Amending the Code of Ordinances, City
of Corpus Christi, Chapter 1!3, Buildings; Construction and Related
Operations; housing and hqusing premises standards; to establish
new fees or increase technical construction code fee schedules
and providing for an effective date of August 1,2003.
(Attachment # 18)
Resolution authorizing Park, Recreation, Cultural and Leisure
Time Activities rental fee and recreational fee adjustments; adding
new rental fees and recretational fees for FY 2003 - 2004 and
providing for an effective date of August 1,2003. (Attachment
# 18)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Automated Meter Reading !Initiative (Attachment # 19)
Neighborhood Initiative Pilot Program in the Cunningham and
Chula Vista Neighborhood !(Attachment # 20)
21. Landry's Memorandum of Understanding (No Attachment)
CITY COUNCIL
PRIORITY ISSUES
(Refer t~ legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
July 15,2003
Page 9
PUBLIC COMMENT FROI~ THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
COUNCIL MEETING, WIll(
PRESENTATIONS TO TH
ADDRESS THE COUNC
PLEASE SIGN THE FOR~
CHAMBER, GIVING YOU~
recording is made of the meetin!
located at the podium and state
or other information pertaining
Secretary.)
Si usted se dirige a la junta y cre~
ingl&s-espa~ol en la reuni6n de
PER CITY COUNCIL POLJ
PERSON, OR MEMBERS ¢
EMBARRASS, ACCUSE
DISRESPECT FOR ANY ~1
MEMBERS, OR THE PUJ
THIS POLICY IS NOT M
FIRST AMENDMENT RIG~
:HEVER IS EARLIER. PLEASE LIMIT
REE MINUTES. IF YOU PLAN TO
IL DURING THIS TIME PERIOD,
f AT THE REAR OF THE COUNCIL
~, NAME, ADDRESS AND TOPIC. (A
~ therefore, please speak into the microphone
our name and address. If you have a petition
~ your subject, please present it to the City
que su ingl~s es limitado, habr~ un int~rprete
junta para ayudarle.
CY, NO COUNCIL MEMBER, STAFF
)F THE AUDIENCE SHALL BERATE,
. OR SHOW ANY PERSONAL
~EMBER OF THE STAFF, COUNCIL
~LIC AT ANY COUNCIL MEETING.
EANT TO RESTRAIN A CITIZEN'S
fTS.
O. REPORTS.'.
The following reports include q
policies or activities; request ~
Staff; reports of activities of
constituent concerns; current
assignments; scheduling of fL
other bdef discussions regarc
uestions by Council to Staff regarding City
~y Council for information or reports from
individual Council members and Staff;
!opics raised by media; follow-up on Staff
ture Council meetings and activities; and
ing city-related matters.
22. CITY MANAGER'S REPOET
* Upcoming Items
23. MAYOR'S UPDATE
24. COUNCIL AND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
July 15,2003
Page 10
Pm
NOTE:
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the (
to City Hall. 1201 Leopard Streel
The City Council Ag
Page at www.cctex
before regularly sch
problems occur, the
by Monday morning
ty's o~cial bulletin board at the front entrance
at ,~,~,/~
Armando Chapa v
City Secretary
;nda can be found on the City's Home
is.corn after 7:00 p.m. on the Friday
eduled council meetings. If technical
~genda will be uploaded on the Internet
used to I~ighlight action item that
Symbols
implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2~1-2~2
iTY CO~AN~CIL GOALS
PRIORITY ISSUES
I ~CONTINUING PRIOR
Airport / Seawall / Convention
· Continue quarterly reporting ]
'86 Bond ,Issue Improvements
Update status on Senior Cent~
Provide communication on ct
· Continue community involve:
TY ISSUES
2enter / Arena
· ocess for these initiatives.
repletion of these projects (e.g. "Report m the Commtmi~").
nent on issues such as Leopard Street improvements.
Privati~aflon / Re-Eneineerin~
· Clearly define '¥rivatizafion'~
· Make decisions regarding pri'
discussions within 90 days.
· Establish process to identify ~
· Continue focus on park maim
and "g-engineering" .
ratization and re-en~neermg in the next 12-24 months, with
~hat services can and cannot be privatized.
~naB. ce.
Fln~anee
· Maintain the 5-year forecast ~odel.
· Review the August 1 budget Moption deadline.
Crime .Control and Preventi9~ .
* Conffuue implementation of the Commumty Policing initiative.
* Establish date for Crime Control and Prevention District election.
* Continue City participation i, Youth Opportunities United and other youth crime initiatives.
Employee Health Care
· Address concerns related to eanp!oyee compensation and benefits, inclu~.d[n, g health insurance.
· Work to coordinate Police and Fu~e health benefits with those of other City employees
Economic Development Sales Tax
· Establish election dine.
Stem Water Utility
· R~onsi&r impl~mcntatlon pl~
Pacgerv Channel
· Continue quarterly reports on ~
Landfill
· Continue to evaluate the effi¢i~
* Examine alternatives for solid
lnternet
· Continue regular updates and ~
n for a Storm Water Utility.
he progress of the TIF and Beach Restoration Project.
acy and effectiveness of operations.
~vaste management system, including privatization.
xpansion of the City's web site, including individual council
member web pages. ,
Establish target date for onlin~ permitting process.
Communicate brush pickup vi~ e-mail.
,CDBG
· Continue active role.
Frost Bank Buildin~
· Lease and complete renovatio~l
Annexation Plan
· Implement currem island aun~xation plan
ADA Transition Plan
· Develop and approve ADA T~ausition Plan within 90 days.
Redistricting,
* Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial Distrieg Contract
· Review Industrial District contracts and determine date for approval
Co~meil Action Items
· S/aflcompletes action requests in a timely manner.
City / County Health Issues
· Continue discussions with CoUnty to determine structure and process for the most effective
and efficient delivery of health services
Marketing of CC Museum an.d ~01umbus Ships
* Continue to develop marketing plans for the Museum of Science and History and the
Columbus Fleet
Relationships with Other Gov¢ mm~nts
Development Initiative Pa~k~ ~s
*Park Rehabilitation
*Leopard Street Curbs and O ters
Economic Development Sumn tit and Post-Summit Meetings
Agne, s-Laredo Corridor Marke: (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, tudying on/off ramps on SPID)
*Five Point~ Ambulance :
Effluent Plan for Leopard Medians
RTA--Public Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement ProgCam Item
PRIORITY INITIATIVES AND ISSUES
City ~ta~will develop ond prezent to ~ity Council action/implementation plans.for the followtng prior#y
Desalination Pilot Project
*Code Enforcement in Tm ;by Neighborhoods
*Employee Classification ~tudy
Ma stet 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
Improve Permitting ProceSs (online / customer service)
Padre Island Developmen[ 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
July 8, 2003 - 12:04 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
*Mayor Pro Tem Melody Cooper
Council Members:
** Brent Chesney
Javier D. Colmenero
Henry Garrett
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
* Arrived at 12:10 p.m.
** Arrived at 12:15 p.m.
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Fathe~ Dennis Zerr of St. Patrick's Catholic Church and the Pledge of
Allegiance to the United States flag was led by Council Member Scott. City Secretary Chapa called
the roll and verified that the necessSry quorum of the Council and the required charter officers were
present to conduct the meeting. Mayor Neal called for approval of the minutes of the regular
Council meeting of June 24, 2003. A motion was made and passed to approve the minutes as
presented.
Mayor Neal announced the !executive sessions, which were listed on the agenda as follows:
Executive Session under TeXas Government Code Section 551.071 regarding CCMCA, Inc.
A Texas Corporation vs. City of Corpus Christi, Case No. C-03-170, in the United States
District Court for the Southern District of Texas, Corpus Christi Division, with possible
discussion and action in open session.
Executive session under Texas Government Code Section 551.071 regarding Jon Harwood,
et al vs. City of Corpus Ctutisti, Cause No. 00-4149-G, in the 319th Judicial District Court,
Nueces County, Texas, with possible discussion and action in open session.
The Council went into executive session (NOTE: Council Members Cooper and Chesney
arrived). The Council returned from executive session and the following motion was passed with
the following vote:
-1-
/
Minutes - Regular Council Meetihg
July 8, 2003 - Page 2
|
MOT/ON NO. 2003-230
Motion authorizing the C
entitled Jon Harwood, et. ~
in the 319th Judicial Distrk
by the terms stated in the ,t
and 32/100 Dollars ($23,0
Mayor Neal referred to Ite
Corpus Christi Business and Job
Gail Hoffman (reappointed)
Sam J. Susser (reappointed)
ity Manager to sign the Settlement Agreement for the lawsuit
l., versus the City of Corpus Christi, Cause Number 00-4149-G,
t Court of Nueces County, Texas, for the City's promise to abide
.greement, and payme._n,t of Twenty Three Thousand Eighty Nine
g9.32) for the plantiffs attorney fees and expenses.
[] 4 and the following board appointments were made:
)evelopment Corporation
Corpus Christi Convention and Vtsitors Bureau
Brad Lomax (reappointed)
Govind Nadkarni (reappointed)
Cristina Garza (reappointed)
Tomas Duran (reappointed)
Kevin R. Latone (appointed)
Planning Commission
Neill F. Amsler (reappointed)
Eloy H. Salazar (reappointed)
Robert Zamora (reappointed)
Mayor Neal called for consideration of the consent agenda (Items 5-23). City Secretary
Chapa announced that Council Member Kelly was abstaining from the vote and discussion on Item
16 and Council Member Noyola ~as abstaining from the vote and discussi,o,n on Item 21. Council
members requested that Items 14, l J6, 20, 21, and 22 be discussed. Mr. J.E. O Brien, 4130 Pompano,
requested that Items 10 and 22 be idiscussed. A motion was made and passed to approve Items 5
through 23, constituting the conser~t agenda, except for Items 10, 14, 16, 20, 21, and 22, which were
pulled for individual considerationt City Secretary Chapa polled the Council for their votes and the
following motions passed by the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye". (NOTE: An emergency was declared on Items 18a and
23)
5. MOTION NO. 2003-231
Motion authorizing the CiW Manager or his designee to enter into a contract with Dynix
Corporation which will pl'ovide hardware and software maintenance for the Library's
automated system. Estimated expenditure for the first year of the three year contract will be
$62,819 of which the city'~ portion will be $39,966.
6. MOTION NO. 2003-232
Motion approving a supl~ly agreement with Pencco, Inc. of San Felipe, Texas for
approximately 435 tons of Hydrofluorosilicic Acid in accordance with Bid Invitation No.
/
Minutes - Regular Council Meeting
July 8, 2003 - Page 3
BI-0108-03 based on low
$5,575.25 is for FY 2002-2
option to extend for up to tx
supplier and the City Man
Department in FY 2002-2(
MOTION NO. 2003-233
Motion approving the pure]
Bid Invitation No. BI-010
based on Iow bid and low
Nine units are replacement~
the FY 2002-2003 Capital
Crosstown Ford Sales, Inc.
Corpus Christi, TX
2 Units
$125,094
bid for an estimated annual expenditure of $66,903 of which
003. The term of the contract will be for twelve months with an
~o additional twelve-month periods subject to the approval of the
ager or his designee. Funds have been budgeted by the Water
03.
rase of eight heavy trucks and two light trucks in accordance with
)-03 from the following companies for the following amounts
bid meeting specifications for a total amount of $424,411.56.
; and one unit is an addition to the fleet. Funds are available fi-om
Outlay Fund.
Champion Chevrolet
Corpus Christi, TX
2 Units
$44,504
Fleetpride Power Equipment
Corpus Christi, TX
1 Unit
$51,838.56
Champion Ford
Corpus Christi, TX
5Unks
$202,975
Grand Total - $424,411.56
MOTION NO. 2003-234
Motion approving supply, agreements with the following companies for the following
amounts in accordance wi~h the Coastal Bend Council of Governments Bid Invitation No.
CBCOG-03-4 for food items which include canned and frozen fruit and vegetables, meats
and condiments for an estimated six month expenditure of$125,221.90 of which $10,435.15
is for FY 2002-2003. Thelterms of the contracts shall be for six months with an option to
extend for up to three addit!onal months, subject to the approval of the Coastal Bend Council
of Governments, the suppliers and the City Manager or his designee. Funds have been
budgeted by Senior Community Services in FY 2002-2003.
Ben E. Keith
San Antonio, TX
32 Items
$15,741.37
LaBatt Food Service
Corpus Christi, TX
75 Items
$45,802.33
PFG
Victoria, TX
50 Items
$53,921.96
Sysco Food Service
San Antonio, TX
19 Items
$9,756.24
Grand Total - $125,221.90
-3-
/
Minutes - Regular Council Meetigg
July 8, 2003 - Page 4
11.
12.
MOTION NO. 2003-235
Motion approving a suppl,.
accordance with Coastal B
for 151,800 half-pint conta:
by the Coastal Bend Cour~
$28,842 of which $2,4032
six months with an option t~
of the Coastal Bend Coun
designee. Funds have bee~
MOTION NO. 2003-236
Motion authorizing the Cit
lease agreement with KVC
year term estimated at $31,
and for an optional extende
1, 2008 through December
a public safety communica
RESOLUTION NO. 0253~ 1
Resolution authorizing the t
agreement with the Corpus
for the DARE and KIDS m
13. MOTION NO. 2003-237
15.
' agreement with Borden Milk Products LP of Austin, Texas in
end Council of Governments Bid Invitation No. CBCOG-03-5
nets of low fat milk, based on the recommended award submitted
:il of Governments for an estimated six month expenditure of
is for FY 2002-2003. The term of the agreement shall be for
~'xtend for up to three additional months, subject to the approval
:il of Governments, the supplier and the City Manager or his
t budgeted by Senior Community Services in FY 2002-2003.
~' Manager or his designee to execute a radio facility and tower
A Communications, Inc. dba KRIS Communications for a five
559 per year from January 1, 2003 through December 31, 2007
d term of five years estimated at $36,414 per year from January
31, 2012 for continued use as a communications site to operate
:ions system.
· ty Manager or his designee to execute an lnterlocal cooperation
Christi Independent School District in the amount of $162,036
td COPS Curricula.
17.
Motion authorizing the Cit
maintenance agreement wi
$113,442.50. Included in
Business Office, Central
Services and Housing and
Manager or his designee to execute a twelve-month software
h HTE, Inc. of Lake Mary, Florida in an amount not to exceed
he maintenance agreement are the HTE modules for Utilities
2ashiering, Accounts Receivable, Collections, Development
~ommunity Development.
MOTION NO. 2003-239
Motion authorizing the Cit~ Manager or his designee to execute Amendment No. 11 to an
engineering services agree[nent with MEI Govind, Inc. of Corpus Christi, Texas in the
amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project
36"/48" Diameter Gravity Line and Lift Station.
MOTION NO. 2003-241
Motion authorizing the City Manager or his designee to execute a construction contract with
KGS Electric Company of Victoria, Texas in the amount of $289,727 for the Youth Outdoor
Sports Facilities Lighting Irgprovement, Phase 2 at the following locations: South Guth Park;
Evelyn Price Park; and Bill Witt Park. (BOND ISSUE 2000)
--4--
Minutes - Regular Council Meeti~
July 8, 2003 - Page 5
18.a.
ORDINANCE NO. 025361
Ordinance appropriating $,
Improvement Program Fur
Treatment Plant Wash Wa
adopted by Ordinance No.
18.b. MOTION NO. 2003-242
Motion authorizing the Ci~
Pittsburg Tank & Tower C*
~61,382 in unappropriated interest earnings fxom Water Capital
d No. 4081 (1994 Revenue Bond) for the O. N. Stevens Water
Ier System, Phase 3 Elevated Tank; amending Capital Budget
[}25144 to increase appropriations by $461,382.
Manager or his designee to execute a construction contract with
~., Elevated Division, Inc. of Sebree, Kentucky in the amount of
$461,382 for the O.N. Stev{ ns Water Treatment Plant Wash Water System, Phase 3 Elevated
Tank.
19. MOTION NO. 2003-243
Motion authorizing the Cit~ Manager or his designee to execute a construction contract with
Cash Construction Company, Ltd. from Pflugerville, Texas in the amount of $2,579,910 for
the McArdle Road Improvements, Phase 3 from Everhart Road to Holmes Drive (BOND
ISSUE 2000 Project No. C~6) and for Intersection Approach Improvements at the following
sites: South Staples at Everhart and Airline at South Padre Island Drive). (BOND ISSUE
2000 PROJECT NO. C-II)
23. ORDINANCE NO. 025368
Ordinance appropriafmg $45,000 from the reserve for golf course design in Golf Fund 4690
for improvements to Gabe Lozano, Sr. Golf Course and the Oso Beach Municipal Golf
Course; amending Ordinance No. 024974 which adopted the FY 2002-2003 Operating
Budget by increasing appropriations by $45,000.
Mayor Neal opened discussion on Item 10 regarding the Debt Service Reserve Fund
Insurance Policy. Mr. J.E. O'BrieB commented that he felt this item was a major policy change and
thought that it should not have been placed on the consent agenda. Mr. O'Brien also asked how
much the insurance would cost. City Manager Noe replied that this was not really a major policy
change and that staff had previously informed the Council about the opportunity to substitute
insurance in lieu of keeping cash in the reserve fund. In response to Mr. O'Brien's inquiry about
the cost of the insurance, Ms. Lee Ann Dumbauld, Director of Finance, said that the surety would
cost 1.95% , totaling $207,357. She explained that the city was holding $10,364,730 in its Debt
Service Reserve Fund to satisfy requirements under various bond covenants. Ms. Dumbauld said
that the city had the option to release these cash reserves and replace them with an insurance policy,
subsequently releasing the funds for funding capital projects. Mayor Neal asked if the city had
purchased a surety policy in the past. Ms. Dumbauld replied that the city had used a surety policy
in lieu of cash reserves for the lastl several bond issues.
In response to Council Member Kelly's question, Ms. Dumbauld replied that the $207,357
was a one-time charge. Mr. Kelly asked what the cost would be to service $10 million in bond
/
Minutes - Regular Council MeetiOg
July 8, 2003 - Page 6
revenues. City Manager Noe repl
amount would have to be paid an
more than the one-time $207,357 ~
projects. City Secretary Chapa
passed with the following vote:
Noyola and Scott, voting "Aye".
10. RESOLUTION NO. 0253
Resolution approving the.,
funds in the Reserve Fund
System Revenue Bonds.
Mayor Neal opened disc~
Authority facility. In response to ¢
Director of Engineering, said that
by the Texas Commission for Envi]
asked that if the land would be f
Stowers answered affirmatively.
completed. Mr. Stowers replied 1
Kelly asked if the land in its curr~
Stowers replied negatively, saying
the material was highly diluted, r
simply old diesel fuel product that
many of the residents in the area w
[ed that it would probably be in the $800,000 range and that this
aually with interest. Mr. Kelly observed that was substantially
:harge, with the added benefit of releasing $10 million for capital
olled the Council for their votes, and the following resolution
Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison,
ubstitution of a Debt Service Reserve Fund Insurance Policy for
mpporting the outstanding City of Corpus Christi, Texas, Utility
.ssion on Item 14 regarding the old Regional Transportation
;ouncil Member Kelly's question, Mr. Kevin Stowers, Assistant
;taffwas evaluating the success of mitigation measures required
onmental Quality upon their completion. Council Member Kelly
· ce for other uses if the measures taken were successful. Mr.
Mr. Kelly asked when the monitoring of the land would be
hat the monitoring would be completed by next summer. Mr.
:nt state represented a hazard to the residents of the area. Mr.
that the material was confined to the site and that the amount of
fixing with the ground water. He added that the material was
vas not normally deemed hazardous. Mr. Kelly commented that
~'re under the impression that the site was hazardous, and that the
contamination was widespread. I/l response to Mr. Kelly's question, Mr. Stowers replied that the
land was currently safe, but the is4ue was that because there was petroleum product in the ground
water, TCEQ regulations required that only a certain amount be present or remediation efforts would
be required. He said that staffwa~ simply trying to clean the site up so that it could be reused. He
said that staffhoped to see the reuse of the property as the end result but could not confirm this until
the end of the process.
Assistant City Manager l~on Massey clarified that the property would have some use
restrictions, but generally the site ~would have few limitations City Manager Noe said that there
were several federal funding sources available for reuse of similar sites, and staff was doing some
research on using these funds to c~mvert the site.
In response to Council Member Colmenero's question, Mr. Stowers replied that the
remediation efforts would require ~a pumping process to remove the mix of petroleum product and
ground water. At the point that there was less than one tenth of a foot of clear product let~ in the
ground, TCEQ would permit the bite to be closed. Assistant City Manager Massey added that
cleanups resulting from undergrolmd storage tank leakage were not unusual and that they were
taking place all over the United States. He said that the situation was basically benign since the city
does not rely on ground water asits primary drinking water source.
Council Member Scott cc~mmented that he had also heard that the contamination was
widespread. Mr. Stowers replied that the study of the site had confirmed that the contamination was
--6--
Minutes - Regular Council Meetin
July 8, 2003 - Page 7
contained within the site. He add6d that the soil was heavy clay, so the
product
was
moving
vgly
slowly throughout, and that the cf~'s~ extraction efforts were also aiding the containment of the
material. City Secretary Chapa pc lled the Council for their votes, and the following item passed
with the following vote: Neal, Che mey, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
14.a. RESOLUTION NO. 0253(
Resolution authorizing the
from the Texas Commissi
mitigation measures at the
Rankin.
14.b. ORDINANCE NO. 02536!
Ordinance appropriating a:
Environmental Quality in ~
at the old Regional Transp~
:ity Manager or his designee to accept a reimbursement grant
an for Environmental Quality in the amount of $29,126 for
old Regional Transportation Authority facility at 1024 Sam
;29,126 Reimbursement Grant from the Texas Commission for
~e No. 1050 Federal/State Grants Fund for mitigation measures
,rtation Authority facility at 1024 Sam Rankin.
14.c. MOTIONNO. 2003-238
Motion authorizing the Cit~ Manager or his designee to execute Amendment No. 9 in the
amount of $29,126 with Applied Earth Sciences, Inc. of Corpus Christi, Texas for mitigation
services associated with a ~'emoved underground fuel storage tank.
Mayor Neal opened discussion on Item 16 regarding a change order for the multi-purpose
arena. Council Member Cooper a~ked why Change Order No. 2 included a number of items that
were not included on the set issue{t for bid or subsequent addenda issued prior to opening sealed
proposals. Mr. Stowers replied that the complexity and scale of the project, coupled with a tight
deadline, resulted in a number ot.~ "clean-up" items totaling approximately $120,000 that were
overlooked by the architects. He added that these clean-up items were not unforeseen due to the size
and scope of the project. Council Member Cooper noted that the change order also included
$33,997 of cost reductions that did not impact the architectural appearance of the building. She
asked if the change order amount would have been larger without the reductions. Mr. Stowers
replied affirmatively, saying that the change order would have amounted to approximately $154,000
without the reductions. Ms. Cooper commented that it appeared that the number of items should
have been pared down. Mr. Stowets replied that staff would have liked to pare the number of items
down and find other ways to address them at no cost to the city. However, he said that the city could
not realistically move below this amount. He added that staff would look for opportunities to realize
other cost savings.
Council Member Kiunison:commented that this was probably not the last change order to
be seen, considering the large size and scope of the project. Mr. Stowers replied affirmatively,
saying that another change order will be forthcoming for the build-out of the suites. Other expected
change orders could involve the seating package, the scoreboard, and other furniture and f~xture
items. Council Member Kinnison asked how much remained in the contingency fund for this
project. Mr. Stowers responded that $876,000 remained in the contingency fund.
--7--
/
Minutes - Regular Council Meetihg
July 8, 2003 - Page 8
1
City Secretary Chapa anne
text "architectural revisions" to re
Kinnison made a motion to amen~
Colmenero seconded the motion.
abstained). City Secretary Chapa ~
following items passed as amen&
Garrett, Noyola and Scott, voting
16.a. ORDINANCE NO. 0253~
Ordinance appropriating $!
Improvement Program Fm
two fire hydrants for the ~
Ordinance No. 025144 to i
16.b. MOTION NO. 2003-240
Motion authorizing the Cil
the Multi-Purpose Arena ir
Corpus Christi, Texas for a
fire hydrants, electrical, m,
fire protection and solid pl
Mayor Neal opened discuss
(TxDOT) Highway 44 Clarkwood
be completed. Mr. David Casteel,
in August and would begin constru
months to construct. Mr. Scott as}
the Robstown and Alice areas. Mr
for the formation of Regional Mob:
it would be about three to five ye~
declared an emergency, polled the
following vote: Neal, Chesney, C{
voting "Aye".
unced that there was an amendment to Item 16a, substituting the
ad "12-inch water line and two fire hydrants". Council Member
Item 16a as read by City Secretary Chapa, and Council Member
['he motion passed unanimously (NOTE: Council Member Kelly
leclared an emergency, polled the Council for their votes, and the
d with the following vote: Neal, Chesney, Colmenero, Cooper,
"Aye"; Kelly abstained.
0,85 in unappropriated interest earnings from the Water Capital
id No. 4081 (1994 Revenue Bond) for a 12-inch water line and
nulti-purpose arena; amending the Capital Budget adopted by
acrease appropriations by $30,485.
y Manager or his designee to execute Change Order No. 2 for
the amount of $121,118 with Fulton Coastcon, Joint Venture of
· chitectural revisions including masonry, plumbing, water main,
:chanical, structural steel, telecommunications, fire standpipes,
tstic toilet partitions.
ion on Item 20 regarding the Texas Department of Transportation
Bypass. Council Member Scott asked when this project would
District Engineer for TxDOT, replied that bids would be taken
:tion in December. He said that the project would take about 24
ed if there was any progress on developing relief routes around
Casteel replied that there were some initiatives being proposed
lity Authorities (RMA) in South Texas. Mayor Neal added that
rs before more progress would be seen. City Secretary Chapa
2ouncil for their votes, and the following items passed with the
lmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
20.a.
ORDINANCE NO. 02536~
Ordinance appropriating ~124,785 in unappropriated interest earnings fi.om the Water
Capital Improvement Fun~ No. 4081 (1994 Revenue Bond) for the Texas Department of
Transportation Highway 44 Clarkwood Bypass - Utility Adjustments and New Casing
Locations; amending Cap!tal Budget adopted by Ordinance No. 025144 to increase
appropriations by $124,785.
20.b. MOTION NO. 2003-244
Motion authorizing the city Manager or his designee to execute Amendment No. 3 to an
engineering services agreement for the Southside Water Transmission Main with Urban
--8--
Minutes - Regular Council Meeting
July 8, 2003 - Page 9
Engineering of Corpus Christi, Texas in the amount of $158,580 for the Texas Department
of Transportation Highwa~ 44 Clarkwood Bypass - Utility Adjustments and New Casing
Locations. !
Mayor Neal opened discussion on Item 21 regarding the airport covered parking project.
Council Member Kinnison asked if~he Aviation department had considered a double-decker parking
facility instead of covered parking' o increase the capacity. Mr. Dave Hamrick, Aviation Director,
responded that staff had considered a double-decker facility, but that it was prohibitively expensive.
He said that the covered parking
facility. Council Member Kinnisc
spaces were scarce. He was conce:
the future, the parking would
Roadway/Parking Lot project was]
acility was the most cost-effective way to expand the parking
~ noted that enplanements were down at the airport yet parking
ned that once air traffic increased and air service was added in
inadequate. Mr. Hamrick replied that Phase I of the
~early complete, and would add over 400 spaces to the lot, with
room for expansion. City Manager!Noe added that there were some adjustments made to employee
parking would also add capacity. Council Member Colmenero asked what the total number of
parking spaces would be once the expansion was completed. Mr. Hamrick replied that the number
of spaces would increase from approximately 900 spaces to 1,400 spaces. Council Member
Kinnison asked if the rates would remain the same. Mr. Hamrick replied that the covered parking
would have a separate fee that would halfway between the short-term rates and the long-term fee.
He also said that staff was proposing a modest increase to the short-term parking rates to help
balance the budget this year.
Council Member Scott asked why the covered short-term parking was not closer since it
could be considered the best parking available. He commented that it would seem more logical to
have the covered short-term parking should be the closest, followed by the uncovered short-term,
and then have the uncovered long-term parking. Mr. Hamfick responded that the order of the
parking lots was established accorOing to directions staff was given by former city manager David
Garcia. Mr. Hamrick noted that the project had not been designed yet, so it could be changed if
desired. City Manager Noe said that staffwould look into what would be involved to change the
order of the parking. Mr. Scott als6 asked when the landscaping would be complete. Mr. Hamrick
said that it would be completed byi September. City Secretary Chapa polled the Council for their
votes, and the following motion passed by the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly Kinnison, and Scottl voting "Aye"; Noyola abstained.
21. MOTION NO. 2003-245
Motion authorizing the C!~ Manager or his designee to execute a contract in the amount of
$58,250 with Bennett, Martin, Solka and Tomo, Inc. of Corpus Christi, Texas for
architectural services for the Corpus Christi International Airport Covered Parking Project.
Mayor Neal opened discussion on item 22 regarding a construction management services
contract for various capital improgement projects. Mr. J.E. O'Brien asked what portion of the
$119,00 being appropriated was being used for management services of utility projects, and what
portion was to be used for street projects. He was concerned that there was a possible violation of
the statute regarding transfer of funfls. Mr. Stowers answered that this contract was prorated among
several construction projects for sheet projects. He said that roughly $37,000 was allocated for
street work and $120,000 for water work. City Manager Noe added that the expenses were directly
--9--
/
Minutes - Regular Council Meeting
July 8, 2003 - Page 10 '
related to utility costs, being the
was no transfer or subsidy being in
Acting City Attorney Reining rep
instance. City Secretary Chapa de
£ollowing items passed with the
Kinnison, Noyola and Scott, voti~
22.a. ORDINANCE NO. 02536
Ordinance appropriating ',
Capital Improvement Pro
management services for '
Capital Budget; amending'
appropriations by $119,79,
22.b. MOTIONNO. 2003-246
Motion authorizing the Ci
construction management
Construction Management
projects associated with th,
Mayor Neal referred to the
Massey introduced Mr. David Cask
Bridge Lighting Project and the H
Member Chesney interjected that I
with residents near FM 2~. ~, ~., and l~
Massey and City Engineer Angel
Burkett with TxDOT's Austin offi,
lighting project. Mr. Burkett prese~
the following goals for the project:
tility share of the construction management. He said that there
plemented. In response to Council Member Chesney's question,
lied that there was no violation of state law taking place in this
clared an emergency, polled the Council for their votes, and the
[owing vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
g "Aye".
19,790 in unappropriated interest earnings from the Water
m Fund No. 4082 (1995 Revenue Bond) for construction
,arious capital improvement projects associated with the 2003
he Capital Budget adopted by Ordinance No. 025144 to increase
Manager or his designee to execute Amendment No. 1 for
services in the amount of $187,200 with Anderson Group
Inc. of Corpus Christi, Texas for various capital improvement
: 2003 Capital Budget.
3resentations on the day's agenda. Assistant City Manager Ron
icl, District Engineer of TxDOT, to provide update on the Harbor
trricane Evacuation Transportation Operation project. Council
te and Council Member Kinnison had had a successful meeting
e wanted to thank Mr. Casteel, TxDOT, Assistant City Manager
Escobar for their assistance. Mr. Casteel introduced Mr. Kart
:e, who would be making the presentation on the Harbor Bridge
tted a concept proposal for the Council's consideration. He cited
:o instill civic pride, to produce an award-winning and attention-
getting project, to ensure that th~ project was feasible from an engineering and maintenance
standpoint; and to take light pollution into account.
Mr. Burkett discussed seyeral different lighting projects throughout the country. He
mentioned other design considerations, including the use of events to attract attention and the use
of changing colors. He proposed aplan for the Harbor Bridget that would include ground mounted
and structure mounted fixtures, employing three different colors and changes every 30 minutes. He
stated that the cost for one color light would be $312,000, two lights would be $462,000 and three
lights would be $574,000. He also proposed an underbridge lighting project that would cost
approximately $190,000.
Council Member Colmene~o commented that the bridge lighting project was an opportunity
to highlight the bayfront area. Heiasked how long a project of this kind would take to complete.
Mr. Casteel said that the sequence to complete the project would first begin with the current project
Minutes - Regular Council Meeting
July 8, 2003 - Page 11
to do structural work to the bridge{which would take approximately 12 to 18 months to complete.
Next, the bridge was scheduled tope repainted, which would cost approximately $11 million and
take two years to complete. Thus,Mr. Casteel concluded that it would take approximately three to
three and half years before the electrical wiring necessary for the lighting could begin, which in turn
would take six to nine months to cz
said that the long-term plan was to c
art aesthetic features to the new br
Council Member Scott corr
about 15 years, yet the life of the li
there were ways to reduce the cos
Burkett said that the costs could be
using lower-quality light fixtures
.mplete. In response to Mr. Colmenero's question, Mr. Casteel
>mpletely replace the Harbor Bridge, incorporating state-of-the-
dge.
mented that the Harbor Bridge was scheduled to be replaced in
~ting project was estimated to be about 25 years. He asked if
of the project since it would only be used for 15 years. Mr.
· educed based on the number of colors used, but warned against
,ecause they would increase the cost of maintenance or lower
levels of light because they would ~not achieve the desired result. Mr. Scott asked about potential
funding sources, especially the 1 ~ 1 !4 quarter percent dedicated to art. City Manager Noe stated that
the Port of Corpus Christi had expressed interest in participating in the project. Mr. Casteel added
that TxDOT sets aside $200,000 a 5{ear for aesthetic treatments in the city that they could contribute.
Mayor Neal asked if the MPO could fund this project. Mr. Casteel replied that he understood that
MPO funds were to be used for mbbility and maintenance projects only, but he would check into
the matter.
Mayor Neal called a briefr~cess to make a proclamation. The Council returned from recess
and Mr. Casteel provided a briefi~ag on the TxDOT Hurricane Evacuation plan. He stated that
TxDOT had received a $60,000 grant from the Federal Highway Administration tO review
transportation operations during hurricane evacuations for Corpus Christi. He said that the purpose
of the grant was to review evac.m, tion routes for possible geometric improvements, eliminate
bottlenecks, improve signing, andSmprove maps made available to the public. He said that Mr.
Bryan Wood of TxDOT and Garry Ford with the Texas Transportation Institute took the lead on the
project. Their research focused on~ 1-37 since it is the primary evacuation route.
Mr. Casteel said that Mr. Wood and Mr. Ford identified the following three major projects
for implementation to improve evacuation routes: improve the SPID and 1-37 interchanges; create
four lanes on 1-37 from SPID to US 77 North; and a hurricane lane from US 77 North to SH 72. He
said that the proposals would restilt in reduced delays and provide more options for evacuation
routes beside the counterflow proposal. He anticipated that the project would be completed by the
2004 hurricane season at a cost of approximately $11 million. Mr. Casteel added that staff also
looked at signing, and proposed several improvements to signing around curves to better delineate
the hurricane route. Finally, Mr. Casted reported that several improvements were being made to
the evacuation route maps that TxDOT provided to the public. He said that the improved maps
would be available in December.
Mayor Neal asked Mr. Casteel if these proposals would replace the counterflow evacuation
plan. Mr. Casteel replied that the counterflow plan was still an option. However, he said that these
proposals would result in the same capacity as the counterflow plan with only one-tenth the
manpower. Mayor Neal noted that the new plan would not be implemented until 2004, so for the
current hurricane season, the counterflow plan would still be in effect.
/
Minutes - Regular Council Meetihg
July 8, 2003 - Page 12
/
Council Member Chesne~
Mr. Casteel said that staff antici
2004. In response to Mr. Chert
Causeway would be complete to i
Mayor Neal deviated fron
seconded and passed to open the
Case No. 0503-07, Texas
Industrial District to "R-2
Block 2, Lot 42R, located
Boulevard.
City Secretary Chapa said
Multiple Dwelling District, while
noted that the applicant was reques
made and seconded to table the itc
that this was the second time in tw¢
to table items. He asked why the~
both projects were seeking credits
to meet the program requirements:
the residents of the area and staff
asked when the proposed evacuation routes would be complete.
ated that the plans would be entirely complete by late Summer
/'s question, Mr. Casteel said that the construction to the JFK
he point that the lanes would be elevated by August 2004.
~ the agenda and referred to Item 29, and a motion was made,
,ublic hearing on the following zoning case:
Pinkus Housine, L.P.: A change of zoning from a "I-2" Light
' Multiple Dwelling District on Mid-Town Industrial District,
between Bear Lane, Brownsville Road and South Navigation
he Planning Commission recommended the approval ofa "R-2"
staff recommended the denial of the "R-2" District. Mr. Chapa
Iing that the item be tabled to September 12, 2003. A motion was
m to September 12, 2003. Council Member Noyola interjected
months that applicants developing in this same area were asking
, were asking to table the items. City Manager Noe replied that
through a state program, and the delay was related to their need
br which they were applying. Council Member Noyola said that
~vere opposed to the project, and he made a motion to deny the
applicant's request. Mayor Neal ~sked City Secretary Chapa for clarification on how to proceed.
Mr. Chapa advised Mayor Neal Nat the Council needed to act on the motion to table before they
could act on Council Member Loyola's motion. City Secretary Chapa polled the Council for their
votes on the motion to table t,h,e it~e~ as follows: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, and Scott, voting Aye'~; Noyola voting "No". The motion passed.
Council Member Cooper r
Member Chesney, and the motion
the zoning change because the res:
Neal commented that the Council
29.
lade a motion to close the public hearing, seconded by Council
passed. Council Member Noyola reiterated that he was against
dents in the area were opposed to the change in zoning. Mayor
~ould have an opportunity to revisit the case on September 12.
Mayor Neal referred to Item 30, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0503-06, Gene Graham/Oak Properties: A change of zoning from a "R-lB" One-
family Dwelling District to a "RE" Residential Estate District on Flour Bluff and Encinal
Farm and Garden Tracts, being 25.56 acres out ora 76.07 acre tract of Lots 29 through 32,
-12-
Minutes - Regular Council Meetin
July 8, 2003 - Page 13
Section 48, located north ot
Drive.
Mr. Chapa said that the Ph
"RE" Residential Estate District.
require seven votes for approval.
No one appeared in opposi~
the public hearing, seconded by M
votes, and the following ordinanc~
Cooper, Garrett, Kelly, Kinnison, ~
30.
Don Patricio Road, south of Meeks Road and east of Flour Bluff
nning Commission and staff recommended the approval of the
e noted that the 20% rule was in effect for this item which would
ion to the zoning change. Mr. Chesney made a motion to close
s. Cooper, and passed. Mr. Chapa polled the Council for their
~ passed with the following vote: Neal, Chesney, Colmenero,
,loyola and Scott, voting "Aye".
ORDINANCE NO. 02536[
public
Amending the zoning ord:
changing the zoning map
Garden Tracts, Section 48
to "RE" Residential Estat
deviations from the existi~
Mayor Neal referred to Itet
hearing on the following zo
nance upon application by Gene Graham/Oak Properties by
t reference to 25.56 acres of Flour Bluff and Encinal Farm and
.ots 29 through 32, from "R- 1B" One-Family Dwelling District
District; amending the comprehensive plan to account for any
~ comprehensive plan.
a 31, and a motion was made, seconded and passed to open the
ting case:
Case No. 0503-09, Daniel ~. Thornton and Robert J. Thornton: A change of zoning from a
"R-lB" One-family Dwelling District to a "B-1" Neighborhood Business District on Don
Patricio Subdivision, Bloctt A, Lots 1, 2, 3, 50, 51 and 52 located on the southwest comer
of Don Patricio and Caldron Roads.
City S~cretary Chapa said that the Planning Commission and staffwere recommending the
approval of a B- 1" Neighborhood Business District. No one appeared in opposition to the zoning
change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Cooper, and passed.
Mr. Chapa polled the Council for their votes, and the following ordinance passed with the following
vote: Neal, Chesney, Colmenero~ Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
31. ORDINANCE NO. 025370
Amending the zoning ordinance upon application by Daniel J. Thornton & Robert J.
Thornton by changing the :toning map in reference to Don Patricio Subdivision, Block A,
Lots 1, 2, 3, 50, 51 and 52 fi'om "R-lB" One-Family Dwelling District to "B-l"
Neighborhood Business District; amending the comprehensive plan to account for any
deviations fi'om the existing comprehensive plan.
Mayor Neal referred to Item 32, and a motion was made, seconded and passed to open the
public hearing for a zoning text amendment regarding downtown parking requirements. City
Manager Noe explained that the pr6posed zoning text amendment was in response to the Downtown
Management District's request to eliminate the downtown parking requirement as it relates to
-13-
residential projects. No one spok~
Scott asked if the Downtown Man
Mr. Miguel Saltine with the Plann
amendment and was in support of
the following ordinance passed
Colmenero, Cooper, Garrett, Kell
32. FIRST READING ORDII
Amending the Zoning Ord
Article 18, "B-6" Primar
Regulations.
~n its first reading with the following vote:
Kinnison, Noyola and Scott, voting "Aye".
~ in opposition to the zoning text amendment. Council Member
lgement District (DMD) supported this zoning text amendment.
lng Department said that the DMD was aware of the zoning text
it. City Secretary Chapa polled the Council for their votes, and
Neal, Chesney,
~NCE
[nance by revising Article 17, "B-5" Primary Business District,
Business Core District, and Article 22, Off-Street Parking
Mayor Neal deviated fi.om
Council Audit Committee's findinl
Kinnison, Audit Committee Chair
he also thanked his fellow comm
committee's nine recommendatior
to these minutes). Mayor Neal co~
the agenda and referred to Item 26, a presentation on the City
s and recommendations regarding fiscal issues. Council Member
aan, thanked staff for their responsiveness and cooperation, and
lee members for their work and dedication. He reviewed the
s ~OTE: The recommendations are included as Attachment A
amended the committee for its work.
Mayor Neal called for pu
committee's recommendation to
economic development. Counci
leadership on this committee, Ma
Mr. Chesney noted that it was dif
)lic comment. Mr. J.E. O'Brien spoke in opposition to the
acrease the utility rates to 6% because he felt it would hurt
Member Chesney thanked Council Member Kinnison for his
)r Neal for forming the committee and staff for their assistance.
:ult for the committee to recommend a utility rate increase, but
infrastructure improvements were.badly needed and there were no other obvious solutions. He
encouraged Mr. O'Brien and any o~hers in opposition to develop other solutions. Mr. Chesney also
commented on the recommendation regarding the Convention and Visitor's Bureau, saying that it
was merely an idea at this time but that the committee was looking at every possible way to increase
cost effectiveness. Council Member' Cooper and Council Member Colmenero echoed Mr. Chesney's
sentiments.
Council Member Kinnison Commented that he had voted against utility rate increases in the
past, but the committee thought it v~as the best way to address the city's drainage problems. He said
that the committee was going to tryto find a better way of funding storm water improvements in the
future. He commented that the citizen suggestion program has been useful in other communities.
He pointed out that items #6 and#8 may raise some eyebrows, but he emphasized that the
committee's goals was to question]all operations to find cost-effective and cutting edge solutions.
He emphasized that the tough decisions that the previous Council and this Council were making
have resulted in a better financial p~cture for the city compared to other cities in the state. He noted
that the committee's meeting wereiposted and open to the public, and they welcomed any and all
input.
Council Member Loyola thgaked Mr. Kinnison for his leadership, and also thanked fellow
committee members Mark Scott and Brent Ches_n~2 He echoed Mr. Chesney's sentiments regarding
Minutes - Regular Council Meetin
July 8, 2003 - Page 15
the difficulty of the decision to
improvements. He said that the im1
citizens and employees to particip;
Council Member Scott than
that the suggestion to incorporate 1
an attempt to realize savings to he
increase utility fees, but recognized the need for drainage
,rovements would benefit the entire community. He encouraged
itc in the suggestion programs.
~ed stafffor their work. Regarding item 8, Mr. Scott commented
he CVB as a city department was not adversarial; rather, it was
lp them market the city. City Manager Noe said he would be
speaking with the CVB about the l~rospect. Regarding item 6, Mr. Scott asked City Manager Noe
when a report on the 1999 International Association of Chiefs of Police study would be ready. City
Manager Noe replied that it woul~ take about a month or two to provide a status report. He also
remarked about the city's need to grow at a rate of 3% in order to maintain levels of service. He
encouraged citizens to support the ~ouncil in their quest to revitalize the local economy, despite the
downturn in the national economy!
Council Member Chesney ~equested a copy of the 1999 International Association of Chiefs
of Police study for his review. Co
improvement in the city's drainage
years. City Manager Noe replied t
improvements, so improvements ~
this Council has made a commitn
improvements, resulting in large sc~
Manager Noe and Mr. Mark McD~
to implement some of the recomme
that items 1, 2, and 9 directly rel
mcil Member Garrett asked why there did not appear to be any
problems even though it has been recognized as a problem for
~at up until recently, there was no dedicated funding for capital
ere on a very small scale. However, the end result has been that
~ent to make a major increase in the funding for storm water
tlc improvements that will be noticeable. Mayor Neal asked City
niel, Executive Director of Support Services, to develop a plan
~dations, namely for items 1,2 and 9. City Manager Noe replied
tted to this year's budget, so the plan would be to fold those
recommendations into the items cQming before the Council on July 15 and July 22. He added that
items 3 through 8 related to the work plan for furore budgets, and he said staff would work on a time
schedule for implementation after the budget break.
Mayor Neal deviated from!the agenda and opened discussion on item 27, a special budget
presentation on the proposed FY 2003-04 Special Revenue, Internal Service and Debt Service Fund
budgets. Before he began his presentation, Mr. Mark McDaniel, Executive Director of Support
Services, thanked the Audit Committee for its work, saying that their recommendations were very
prudent and would prepare the dity for the future. First, under Special Revenue funds, Mr.
McDaniel noted that the hotel tax domprised the largest part of the expenditures of these funds. He
reported that the hotel occupancy tax comprised the largest part of all visitors facilities fund
revenues and the convention center comprised the largest portion of all expenditures for this fund.
In summary, Mr. McDaniel stated that the hotel tax/visitor facilities funds were in a transition period
due to the decline in visitor facility revenues and activities and the corresponding budget reductions.
He said that staff was projecting a 2.5% increase in hotel tax receipts. He stated that staff was
continuing enhanced funding to foP,yard the Convention and Visitors Bureau marketing efforts. He
said that the funding levels to Outside agencies like the Corpus Christi Regional Economic
Development Corporation, the DOwntown Management District and MHMR would remain the
same, with the exception of the skate park match for the Junior League.
Mr. McDaniel said that the CVB contribution totaled $200,000 over their base contract -15-
Minutes - Regular Council Meetifig
July 8, 2003 - Page 16
amount, but the net amount they
Member Kinnison commented tha
available in part because the city 1
that once this year's budget cycle'
Kinnison remarked that revenues
and growth was only projected at 2
was a significant increase in gro~
enhanced funding to the CVB. C
board understood this, and he re~
In response to Mr. Scott's
business comes fi.om local events,.
this was contributing to the downt~
were receiving over last year's budget was $34,000. Council
I the enhanced funding that the CVB was receiving this year was
ad some reserve balances in the Visitors Facility Fund. He said
vas complete, the reserve fund would basically be depleted. Mr.
~ere down for the convention center and the coliseum this year
5% for this year. Thus, Mr. Kinnison concluded that unless there
eda, it would be difficult if not impossible to continue with the
>uneil Member Scott added that it did not appear that the CVB
~ested that they be informed in writing.
uestion, Mr. McDaniel said that much of the convention center's
md due to the construction these groups have to relocate. He said
a-n in bookings for the convention center and coliseum. Council
Member Scott questioned staff's g~ owth projections, asking whether the 2.5% projection gibed with
the 1% growth rate this year and Se downturn in convention center bookings. City Manager Noe
replied that the bookings at the copvention center were down, but staff believed that the revenues
could be made up with other business fi.om,hotels and other types of tourism. Mr. McDaniel added
that the 1% rate was derived from last year s actual compared to this year's estimate. He said that
staffhad budgeted for a 2% growth rate, which the city will achieve.
Mr. McDaniel then reporte~ on the Crime Control and Prevention District fund. He said that
sales tax was the major source of ~evenue for this fund, comprising 99%. He summarized that the
major portion of expenditures ~ere allocated for funding 50 additional police officers, the
continuation of the Juvenile AssesSment Center and Juvenile Marshals programs, and the pawn shop
detail program on a year to year b~sis.
Regarding the other special revenue funds, Mr. McDaniel noted that the business and job
development fund, the seawall sa]es tax and the arena sales tax were receiving almost identical
levels of revenues, approximatelj 29%. He said that Reinvestment Zone # 1 tax (Downtown &
aquarium) and Reinvestment Zon~//2 tax (Packery Channel) were also included in these funds.
Regarding expenditures for these f/ands, Mr. McDaniel remarked that the seawall, the arena, and the
baseball stadium reserve were debttrelated payments. In summary, Mr. MeDaniel said that the fiscal
issues for the other special reserve funds included the sale of the arena and the initial Packery
Channel (RIZ #2) debt in the curr~nt fiscal year. He noted that Reinvestment Zone # 1 will expire
in December2004. He also repprted' that staff had also budgeted a full year of funding for
Proposition 2 (business and jobs sales tax) initiatives, including the baseball stadium, affordable
housing and business incentive programs for the creation of primary jobs. Council Member Scott
remarked that there had been some discussion on privatizing the management of the convention
center. City Manager Noe said 0~at there had been some discussion with SMG to take over
operations of the convention center. Mr. Noe said that he anticipated having an update on this
matter for the Council after the buOget break.
Regarding internal service ifund expenditures, Mr. McDaniel commented that these funds
support other city operations on aicost basis. He noted that Risk Management and Maintenance
Services comprised the major portions of expenditures in these funds. In summary, Mr. McDaniel
remarked that overall, the combined increase in expenditures of $337,631 for all internal service
funds. The increase in the Risk Management fund was due to rising insurance costs for property and
-16-
Minutes - Regular Council Meetin
July 8, 2003 - Page 17
liability, workers compensation am
McDaniel said that the match for tX
budgeting higher fuel and parts cos
the Call Center was being budgeted
that the fund appeared to be growin
transfer of technical support staff e
city had fared this year with its fuel
year since fuel costs had gone dow
[ group health insurance. In the maintenance service fired, Mr.
e skate park was included in this budget. In addition, staff was
s this year. In the MIS fund, Mr. McDaniel said that Phase I of
out of this fund, totaling approximately $261,000. He also said
; larger than it should, but in reality the increase was due to the
dsting in other funds. Council Member Garrett asked how the
:osts. Mr. McDaniel answered that budget for fuel was fine this
Regarding the debt service
included declining general debt bel
preparations for Bond 2004 and the
this fall. He said that the utility imp
revenue bonds. Finally, Mr. McDar
yet but revenues were being placed
He said that the Packery Channel i
fund, Mr. McDaniel reported the fiscal issues for this fund
;inning in FY 2007-08. Other issues affecting this fund are the
~'Y 2003-04 Capital budget, which will come before the Council
:ovements were to be funded by commercial paper program and
iel noted that the pending baseball stadium was not programmed
into reserve for this purpose, at a projected cost of $20 million.
;sue of about $4.3 million in FY 2003-04.
Council Member Colmene~o asked about what was involved in the MIS fund transfers for
technical support. City Manager Noe replied that staffhad consolidated a number of MIS-related
functions from other departments i~to the central MIS function. Mr. Ogilvie Gericke, Director of
MIS, said that the transfer totaled about 21 positions.
Mayor Neal asked staff and the Audit Committee to scrutinize all the city's debt issues to
see if any debt could be reasonabl~ refinanced to take advantage of the low interest rates. Ms. Lee
Dumbald, Director of Finance, said that staff was meeting to discuss refinancing the debt for Choke
Canyon. City Manager Noe added that staff also needed to take future debt issuances into
consideration, checking whether a learly issuance might realize savings.
Mayor Neal called a fifleefl minute recess.
The Council remmed fxom recess, and Mayor Neal referred to item 28, the public hearing
on the FY 2003-04 Operating Budget. A motion was made, seconded and passed to open the public
hearing. Mayor Neal called for public comment of a general nature on the budget. Mr. J.E. O'Brien
commented that the it was strange ithat the city appeared to lack funds to address its infrastructure
needs, despite staff's claims that it was increasing its fund balances, realizing savings through its
re-engineering efforts and increasing property values. He also said that he opposed the utility rate
increases and supported the reinstatement of the Internal Audit department. Council Member
Garrett made a motion to closed the public hearing, seconded by Council Member Noyola, and it
passed. Council Member Kinnis0n commented that the Council and staff were scrutinizing both
the expenditure side as well as the revenue side of the budget. He added that other communities
were seeing far greater increases in their utility rates, primarily because, like Corpus Christi, they
had an abundance of capital projects that they needed to finance and lacked other revenue sources.
Council Member Kelly commented that the city does not set the appraised values of the property
taxes; rather, the Appraisal DistriCt does. He noted that until more people owned property, they
could not enjoy the benefits of increased property values. He remarked that staffwould be providing
Minutes - Regular Council Meetihg
July 8, 2003 - Page 18
a report on the city's programs to
Mayor Neal opened disct
process. City Secretary Chapa st~
the possibility of holding a chart
election. He asked for the Counci
for this election. He named two o]
wanted to address housekeeping i.i
be formed, staffed by the City M~
wanted a more in-depth review of
Charter Revision Commission
recommendations to the Council.
committee members appointed b
Mayor. He felt that a commissiol
provide substantial input. Mayo
Commission had been formed. 12
created around 1995. Mayor Neal
for an in-depth review of the chart~
had outlined. He cited the need fi
had impacted the charter, election
Council Member Kinnison
Chapa replied that they would be
September, November and the cit~
in-depth charter revision was nec
increase home ownership on July 22.
ssion on Item 33 regarding the Charter Revision election and
ted that during the Council Retreat, the Council had mentioned
:r revision election in 2004 to coincide with a proposed bond
's direction on the process they would like to employ to prepare
~tions the Council could consider. First, if the Council primarily
sues in the charter, he suggested that a Council committee could
nager, the City Attorney and himself. However, if the Council
the charter, Mr. Chapa recommended that the Council appoint a
to work from September through next year and make
He also recommended that the commission be comprised of two
~ each Council member, and two Co-Chairs appointed by the
t this large would ensure a diverse, inclusive group that would
r Neal asked how long it had been since a Charter Revision
ity Secretary Chapa replied that the last commission had been
stated that he would like to follow Mr. Chapa's recommendation
r, using a Charter Revision Commission appointed as Mr. Chapa
~r an in-depth review based on a number of court decisions that
date issues and the need for staggered term limits.
asked what dates would be available for a charter election. Mr.
the uniform election dates, namely the first Saturday in May,
council election date. Council Member Chesney asked why the
:ssary. Mayor Neal replied that the citizens should have the
opportunity to review the charter 6n a periodic basis. City Secretary Chapa reviewed the tentative
time line to appoint the Commissio~ and make recommendations before the November election date.
There were no comments from the audience. Mayor Neal made the following motion to accept Mr.
Chapa's recommendations for a ~harter Revision Commission, seconded by Council Member
Garrett, and the motion passed unanimously.
33. MOTION NO. 2003-247
Motion authorizing the appointment of a Charter Revision Commission, consisting of 18
members (two members tohe appointed by each Council Member and two Co-Chairs to be
appointed by the Mayor), With the charge of reviewing the current city charter and making
recommendations to the Qity Council for possible amendments to be considered in an
election in November 2004.
Mayor Neal opened discUSSion on item 34 regarding the city's stop loss insurance for the
health benefit plan. Mr. Keith MeNeely with McCa-iff, Seibels and Williams Inc., reviewed the
evaluation team's ranking of the four eligible p~o~._osals submitted. He noted that in order for stop
Minutes - Regular Council Meetin
July 8, 2003 - Page 19
loss carriers to accurately provide {
information possible· Thus, he sai
proposers· He concluded that Hur
the evaluation matrix. Council M
insurance. Mr. McNeely replied
$674,266, while Humana was quot
Member Scott observed that the cit-
Mr. McNeely replied affirmativell
rate because of the current market.
McNeely replied that they did sub~
they would not have been able to
Council Member Scott ask
insurance provider legally. Acting
counsel on the matter, and they d~
parties were fulfilling their obligat
Reining said there were legal acti~
substantial difference in cost overs
so striking that it was worth the risl~
regulated by the government and ~
remarked that the new Health Bet
osts for coverage, the market requires the most up to date claims
t it was necessary to forward updated claims information to the
~ana was the highest ranking proposer for stop loss coverage in
~mber Scott asked what the city was paying now for stop loss
that the current rate was $17.22 per employee for a total of
ng a price of $20 per employee for a total of $783,000. Council
, was going to be spending an additional $109,000 with Humana.
, but added that the city would not have been able to retain that
Mr. Scott asked if the current provider had submitted a bid. Mr.
nit a bid, but based on the updated claim information provided,
ffer the same price.
:d if the stop loss provider could be the same entity as the health
City Attorney Reining said that the city had contacted outside
:termined that although there was some risk but as long as all
ons, there shouldn't be a problem. If there was a problem, Mr.
,ns that the city could take. City Manager Noe added that the
of the program between Humana and the other proposals was
· Mr. McNeely added that large insurance companies are highly
:onsumer laws in place would also protect the city. Mr. Scott
efits Manager would be monitoring and auditing the contract.
City Secretary Chapa polled the Cbuncil for their votes, and the following motion passed with the
following vote: Neal, Chesney, C~lmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott,
voting "Aye".
34. MOTION NO. 2003-248
Motion authorizing the negotiation of a one-year contract with four one-year renewal options
between the City of Corpus Christi and Humana to provide excess stop loss insurance for the
City's self-funded health b~nefit plan.
Mayor Neal called for thei City Manager's report. City Manager Noe reported that this
Thursday, the South Central Area 15evelopment Plan Stakeholders Group would be meeting at 6:00
p.m. in the Sixth Floor Conference Room at City Hall. At 6:30 p.m., also on this Thursday, Mr.
Noe reported that a follow-up meeting will be held on the Neighborhood Improvement Pilot
Program for the Chula Vista area. Mr. Noe said that the Landry's proposal will be discussed next
week, along with a presentation oxl the automated meter reading initiative, the first reading of the
budget ordinance, and a presentation on the Neighborhood Improvement Program. Mr. Noe stated
that the meeting on July 15 will start at noon. On July 22, Mr. Noe said that the agenda will feature
the completion of the budget process, the desalination project, and the result of the affordable
housing initiative for city employees. Finally, Mr. Noe said that staffwould be briefing the Council
on the single room occupancy projects after the budget break.
Mayor Neal said that on May 9, Mr. Chapa had provided the Council with a copy of the
current Council policies. He said Mr. Chapa had recommended amending Section 3 regarding
-19-
/
Minutes - Regular Council Meeting
July 8, 2003 - Page 20
1
automobile use for business purposes to update the current amounts the Council has been allotted.
Mayor Neal suggested amending ~ection 5e to include a provision for the removal of hats in the
Council Chambers. He asked the (~ouncil to provide feedback on any other amendments they would
like to see. Mayor Neal also complimented staff for the memorial service for the late Mr. Dan
Whitworth, former Director of Park and Recreation. Finally, Mayor Neal asked City Manager Noe
to place the disability non-discrim
Mayor Neal called for Cou
an update on the missing police d~
detailing new procedures to prote
Member Chesney asked if Mr. No~
documents would be properly sect
right direction, but staffwas invesl
that he hoped staff would develop
Mr. Chesney also asked that City l
was due to water personnel incomp,
would be held on July 14 at Ethel
Council Members Scott, Cooper ~
Torrey. Mr. Noe replied that staff[
letter from Mr. Torrey. He said stat
nation ordinance on the agenda for discussion.
acil concerns and reports. Council Member Chesney asked for
~cuments. City Manager Noe distributed a memo on the issue,
ct employee social security numbers and addresses. Council
~, thought these measures were sufficient to ensure that personal
red. City Manager Noe said that this change was a move in the
igating the matter further. Council Member Chesney remarked
vith a standard regarding the protection of private information.
/lanager Noe investigate claims that the recent pipeline rupture
:tence. Mr. Chesney announced that the next Town Hall meeting
Eyerly Community Center at 6:00 p.m., hosted by himself and
nd Garrett. Mr. Chesney made reference to a letter fi.om Mr.
ad met with Mr. Torrey and had received another, more detailed
['would be providing a response. Council Member Chesney also
asked that a method be found to i aform residents in the Meadowbrook area about the drainage
situation in their area. Finally, Mr Chesney paid tribute to the late Mr. Dan Whitworth.
Council Member Noyola
selling animals on street comers.
Control Advisory Committee and
would not be ready for Council
community input. Council Membe
in place in restaurants. Assistant C
charged with enforcing the ordina
sked for an update on an ordinance prohibiting citizens fi.om
~,.ssistant City Manager Jorge Cruz-Aedo said that the Animal
staff were currently reviewing the ordinance, and it probably
consideration until September or October to also allow for
r Noyola asked if the city was enforcing the smoking ordinance
ity Manager Cruz-Aedo replied that the Health department was
ice, and said that they have not had to issue citations because
issues were quickly resolved. Cquncil Member Noyola said that he had received a constituent
complaint about the resurfacing taking place at Home and Port. City Manager Noe said he would
provide a written response. Finally~ Council Member Noyola asked Ms. Cooper when the town hall
meeting at Yeager was schedule4. Council Member Cooper replied that it was scheduled on
September 8. Mr. Noyola asked ~at he be included in that town hall meeting.
Council Member Colmeneio asked Mr. Noe to look into a problem with street vendors who
did not have permits. Mr. Colmene~o asked when some utility poles near Tarlton and Ayers that had
been knocked down were going 4o be replaced. Mr. Colmenero also asked staff to look into
requesting that the CVB add an ex-officio member from the R.T.A. to its board. Finally, Mr.
Colmenero asked for an update on the s~tuat~on with the Southside League.
Council Member Garrett aSked for an update on the evaluation of the hospital zone on
Alameda. City Engineer Angel Escobar said that the field investigation was scheduled to be
completed by next week. He said ~at the Transportation Advisory Committee would review the
results, and then they would be brol~ght to the Council sometime in August. Mr. Garrett also asked
about the manhole covers on the aewly repaved road on Weber from McArdle to Staples. Mr.
-20-
Minutes - Regular Council Meetin
July 8, 2003 - Page 21
Escobar replied that staff has mad~
Council Member Cooper
Assistant City Manager Ron Mas
condolences to family of Mr. Dan
with the recreation centers she ha~
into modeling our recreation cente
Council Member Kelly ask~
checks. City Manager Noe replied
also look into blacking out the ent
Council Member Scott asl~
Engineer Escobar said that the eiB
Mr. Scott asked about fines for s[
replied that a new law passed by 1
person's drivers license for one y~
Commander Torres inform the Mm
to statement made in a memo fi.on
arrangements to raise the manholes to street level.
~sked how much longer the city would be repaving Saratoga.
~ey said he would provide a response. Ms. Cooper gave her
Whitworth. Ms. Cooper also reported that she was impressed
seen in Colorado on a recent vacation. She asked staffto look
rs after these.
~.d if employee social security numbers were necessary on payroll
~at they would be blacking out portion of the number, but would
re number.
ed about notices for intent to lien on street assessments. City
files a notice of intent once the assessment has been complete.
ceding, especially drag racing. Acting City Attorney Reining
he state legislature provides for the automatic suspension of a
:ar if convicted of a drag racing offense. Mr. Scott asked that
ningside Neighborhood association. Mr. Scott also took offense
Police Chief Alvarez that littering was inevitable during large
events, saying that was unacceptalc le. Mr. Scott expressed concern about a letter regarding a code
enforcement violator. City Manager Noe replied that the property in question was occupied, which
made it more difficult to prosecute. He added that a new ordinance amendment will hopefully make
situations like this easier to prosecute. Finally, he supported Mr. Colmenero's suggestion to add an
ex-officio member fi.om the R.T.~. to the CVB board. He said that Mr. Dan Whitworth would be
missed.
Mayor Neal asked the Municipal Court Committee to meet to discuss the new Environmental
Court. He asked for a report on the city's enhanced efforts to prevent littering for the Fourth of July
holiday. Finally, he said that the area around McGee Beach looked like a solid waste disposal site
as a result of the renourishment project. He asked staffto maintain the area.
Mayor Neal called for petitions fi.om the audience. Mr. Phil Sensinger, 2006 Romford, spoke
regarding motorcyclist safety on city streets, especially Weber fi.om McArdle Road to Gollihar, and
he cited some recent accidents and fatalities.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:39 p.m. on July 8, 2003.
-21 -
ATTACHMENT A
City Council Audit Committee
Recommendations to City Council
July 8, 2003
The City's property tax valuation
in the FY2003-04 Proposed BudI
Fund revenues. When the cerfifi~
recommend that FY2003-04 sale;
over the prior year be adjusted dr
recommendation #2 below). Thi:
tax collections since January, 20(
probability of the City having to
sales tax trend continue. In the e
Committee further recommends t
in late FY2003-04 as a reserve to
budget.
We recommend that $100,000 be
FY2003-04 as a result of further
submitted to the Council. The in~
would lead to cost savings in exc,
We reconunend that staff initiate
necessary information to evaluate
comparison for evaluating servic{
We recommend the establishmen
provided for employees who prox
enhancements. Incentives would
We reconunend the establishing
website to solicit such informatio
information gathered is used for
bond program suggestions.
We recommend that the 1999 stm
Association of Chiefs of Police (I
stud), reconunendations be provic
or justification should be made fl
We recommend that over the nexl
corresponding service levels prov
Council after such review has bee
We recotranend that the City revi~
Visitor's Bureau (CVB) during th~
cost savings and operational effic
department while still keeping the
9. We recommend that utility rates f
g are now projected to be 1.7% higher than the amount currently used
et, generating approximately $900,000 more in additional General
d tax roll is received in late July, this figure may be even higher. We
and use tax revenue currently projected at a growth of three percent
wnward by this same amount (less the amount to fund
is recommended in light of the relatively flat growth in sales and use
3. This conservative approach should help to minimize the
nake mid-year expenditure adjustments to the budget should this
'ent that sales and use tax receipts actually come in higher, the
~at the Council appropriate any additional sales and use tax revenue
be used as a funding source for a specified item(s) in the FY2004-05
budgeted for operational performance reviews to be determined in
eview by the Audit Committee with final recommendations
sntion will be to identify departments/areas where such a review
:ss of the amount of the performance review.
a comprehensive review of fees and rates. This would provide
the fees and services the City currently has, as well as serve as a
s and fees of other cities.
of an employee suggestion program under which incentives are
ide suggestions that result in cost savings by efficiency
be funded through savings achieved.
f a citizen's suggestion program through utilization of the city
~. This type of program has been adopted in other cities and
variety of purposes including operational enhancements and even
y of the Police Department performed by the International
~.CP) be reviewed and that a status report on the implementation of
sd. Items which have not been implemented should be implemented,
' not implementing.
3'ear the Audit Committee review various City services and
ded, with reports and any subsequent actions coming before the
completed.
w the option of restructuring the operations of the Convention &
month of August, 2003. This review should seek to evaluate the
ency that could be achieved by the CVB becoming a City
current Board structure utilized for policy/operational issues.
~r FY2003-04 be adjusted by six percent, with the amount generated
by one more percent dedicated to }funding an additional $10 million in drainage projects. This funding,
when coupled with what, is alread~ programmed, would provide for a total of $55 million in drainage
projects over the next fi~e years. ~In light of current drainage needs as well as the planned 2004 bond
election, we feel this would be the3 proper step to provide funding for these desperately needed
improvements.
-22-
2
NO ATTACHMENT FOR THIS ITEM
-25-
3
NO ATTACHMENT FOR THIS ITEM
-29-
4
ao
COMMISSION ON CHILDREN AND YOUTH - Six (6) vacancies with terms to 5-01-04
and 5-01-06 representing the fqllowing categories: 1 - At Large, 1 - Health, 1 - Youth Services,
1 - Legal, 1 - District Attorney's Office, and 1 - Sheriff's Office.
(Note: The Sheriffs Office is
represent the category of Sher
DUTIES: To support acomI
needs of Corpus Christi's childr
· ecommending the appointment of Detective Angie Rendon to
~f' s Office.)
,rehensive system of services and advance policies to meet the
m, youth and their families.
COMPOSITION: The con'mission shall consist of 14 members appointed by the City
Council. One member shall l~e representative of each of the following fields: Health, Social
Service, Religion, Legal, LaW Enforcement, Education, Business, Youth Services, Sheriff's
Office, and the District Attorney's Office. One member shall be a youth representative fi.om 16
to 21 years of age at time of api~ointment. Each appointee shall have demonstrated interest in the
welfare of children or youth tt~rough occupation or through association with community-based
organizations. (On 10-10-95, Council approved the addition of a Police Officer to serve as an
Advisory Member to be appointed by the Police Chief.)
MEMBERS TERMS
ORIGINAL
APPTD. DATES
Paula Rosenstein (At Large), Chairperson
Mary Jackson (Social Services)
*Rosa Balderas (At Large)
Barry Abels (Religion)
*Vicky Alexander (Health)
Margaret Canales (Business)
*Gloria Jackson (Youth Services)
Drew Reining (Education)
Liana Gonzales (At Large)
Penny Grochow (Law Enforcement)
*Lauren Ranly (Legal)
John C.B. LaRue (Youth Rep.)
*Melissa Madrigal (D.A.'s Office)
**Lt. Vidal De la Cerda (Sheriff's. Office)
Capt. Tim Wilson (Police Off.)
Dr. Philip Rhoades
5-01-04 12-10-96
5-01-05 10-14-97
5-01-03 7-11-00
5-01-04 5-15-01
5-01-03 2-12-02
5-01-05 2-12-02
5-01-03 1-11-00
5-01-04 2-12-02
5-01-05 6-11-02
5-01-05 7-09-02
5-01-03 3-19-02
5-01-04 5-15-01
5-01-03 2-12-02
5-01-04 2-12-02
Advisory 12-06-95
Advisory 8-16-94
*Seeking reappointment
**Has exceeded the number of absences required by ordinance
-33-
ATTENDANCE REC~)RD OF MEMBERS SEEKING REAPPOINTMENT
1~O. OF MTGS. NO.
NAME THIS TERM PRESENT LAST TERM YEAR
Rosa Balderas (At Large) i 12 10 83%
Vicky Alexander (Health) I 12 11 92%
Gloria Jackson (Youth Srvc.) I 12 12 100%
Lauren Ranly (Legal) / 12 11 92%
Melissa Madrigal (D.A.'s Ofc.! 12 11 92%
OTHER INDIVIDUAL EXP~,ESSING INTERSERT
Angie Rendon ~ Detective Sergeant, Nueces County Sheriff's Office.
Activities include: The Child Fatality Review Team,
Nueces County Children's Advocacy Center, Family
Counseling Services, Nueees County Sheriff's Department
Association and the Ladies Auxiliary of the Sheriff's
Department. (Sheriff's Office) (7-11-03)
% OF ATTENDANCE
Megan Welch
Office Manager, Moffitt and Associates, Inc. BBA in
Management from Texas A & M University - Corpus
Christi. Member of the Society of the Advancement of
Management and the Society of Human Resource
Management. Volunteers with the American Cancer
Society, Coastal Bend AIDS Foundation and Driscoll
Children's Hospital. (/tt Large) (4-25-03)
-34-
bo
STORM WATER MANAGI
with two-year terms to 6-30-05
DUTIES: The duties of the co
water management as well as ~
and Council on these issues as
Plan.
COMPOSITION: Eleven (11
council to represent various cot
MEMBERS
;MENT ADVISORY COMMITTEE - Eleven (11) vacancies
(Appointed by the Mayor with approval of the Council)
xtrnittee are to become familiar with the issues surrounding storm
City's NPDES permit for storm water and to advise the Mayor
he City continues its implementation of the Storm Water Quality
members appointed by the Mayor with the approval of the
ununity interests. All members shall serve two-year terms.
ORIGINAL
TERM APPTD. DATE
Willard Hammonds, II, Chairman 6-30-03 8-24-99
W. Greg Carter 6-30-03 8-24-99
Robyn Cobb 6-30-03 8-24-99
Dr. Hector Estrada 6-30-03 10-08-02
Richard Haynes 6-30-03 7-10-01
Claudia L. Lobell 6-30-03 8-24-99
Henry Nuas 6-30-03 8-24-99
Ed A. Lopez 6-30-03 10-08-02
Leon Loeb 6-30-03 7-10-01
Ted Stephens 6-30-03 8-24-99
Dan Winship 6-30-03 8-24-99
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME T~IIS TERM PRESENT LAST TERM YEAR
Willard Hammonds, II 1 1 100%
W. Greg Carter 1 1 100%
Robyn Cobb 1 1 100%
Dr. Hector Estrada 1 1 100%
Richard Haynes 1 1 100%
Claudia L. Lobell 1 1 100%
Henry Nuss 1 1 100%
Ed A. Lopez 1 1 100%
Leon Loeb 1 1 100%
Ted Stephens 1 1 100%
Dan Winship 1 1 100%
-35-
OTHERS INDMDUALS E~PRESSING INTEREST
~eneChavez
Assistant Director of Community Relations, Corpus Christi
State School. B.A. in Speech Communication from St.
Mary's University. Community activities include the
following: Founding member and treasurer of the Coastal
Bend Cesar Chavez Committee, Coastal Bend Alliance for
Youth member and Assistant Community Relations Liaison
for the Volunteer Services Council of the C.C. State
School. (6.04-02)
Michael Cox
Sr. Environmental Engineer, Valero Refining Co. B.S. in
Chemical Engineering, University of Houston. Member of
the United Way, Air and Waste Management Association,
and American Institute of Chemical Engineers. (8-11-99)
Ralph C. Geckle
ChemisffEnvironmental Scientist. M.S. in Environmental
Science and B.S. in Chemistry. 27 years experience as an
Analytical or Environmental Chemist. Three years
teaching experience in college level laboratory courses.
Thorough understanding of qualitative and quantitative
measures. (8-11-99)
James A. Needham
Coordinator of Programs, Texas A&M-Corpus Christi.
Serves as a liaison between Texas A&M University System
and South Texas business, industry, government, trade
organizations and professional groups. B.S. and
M.S. in Construction Management; Ph.D. in Architecture.
Member of Local Emergency Planning Committee, United
Way, Air Quality Committee and North Bay Community
Advisory Committee. (6-13-01)
Patrick D. Veteto
President, RVE Inc. B.S. in Chemical Engineering from
Texas A&M University - College Station. Member of the
Chamber of Commerce Board of Directors and President of
the Corpus Christi Chapter of American Society of Civil
Engineers. (8-06.02)
-36-
WATER RESOURCES AD~JSORY COMMITTEE - Four (4) vacancies with two-year
terms to 4-01-05 representing the following categories: 1 - Wholesale raw or treated water
customer, 1 - Resident, 1 - L~rge Commercial Customer and 1 - Military facility. 64ppointed
by the Mayor with approval ofthe Council)
DUTIES: To advise the City
water resources management.
refer matters to the committee t,
COMPOSITION: Nine (9)
Council, City Manager and Water Superintendent in matters of
l'he City Council, City Manager and Water Superintendent may
obtain their views.
members appointed by the Mayor with the approval of the
Council for two-year staggered :erms. The members shall include 1 - residential customer (home
owner) of the City's water system; 1 - large commercial customer of the City water system, 1 -
wholesale raw or treated water customer of the City's regional water supply system, 1
representative of the Port Inddstries of Corpus Christi, 1 - representative of a school district
located within the city, 1- representative of a military facility, 1 - representative of
landscaping/nursery/horticulture interest; 1 - representative of apartment owners associations and
1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve
as ex-officio member(s).
MEMBERS
*Carola Serrato (Wholesale treated), Chair
*Kimberly Stockseth (Resident.), Vice-Chair
*Jon Kiggans (Lg. commercial)
Bob Kent (Port Industries)
Dr. Karen G. Rue (School district)
*Capt. Paula Hinger (Military facility)
Herman Johnson, Sr. (Landscaping)
Lena Coleman (Apt. Owners)
Dr. Jane Stanford (Citizen at Large)
Council Member Henry Garrett
*Seeking reappointment
ORIGINAL
TERN[. APPTD. DATE
4-01-03 2-12-02
4-01-03 2-12-02
4-01-03 2-12-02
4-01-04 2-12-02
4-01-04 11-12-02
4-01-03 10-08-02
4-01-04 2-12-02
4-01-04 2-12-02
4-01-04 10-08-02
Ex-officio, non-voting
ATTENDANCE RECQRD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME TItlS TERM
Carola Serrato (Wholesale) 7
Kimberly Stockseth (Resident) 7
Jun Kiggans (Lg. Commercial) 7
Capt. Panla Hinger (Military fac,) 3
NO.
PRESENT
% OF ATTENDANCE
LAST TERM YEAR
7 100%
6 86%
6 86%
3 100%
-37-
OTHER INDIVIDUALS EX]
· 1 - Residential (Homeown
Kevin Betts
'RESSING INTEREST
Executive Director, Trinity Towers Retirement
Community. Associate's degree fi.om Columbus State
College. Certified Assisted Living Manager in Texas.
(Residential) (6-15-01)
Paul B. Ostberg
Plant Manager, Calpine Corporation. B.S. in Marine
Engineering, Maine Maritime Academy. Currently serving
on the Padre Little League Board of Directors.
(Residential) (3-17-03)
Lawrence H. Wilk, M.D.
Orthopedic Surgeon. B.S. in Psychology, University of
Michigan; M.D., Orthopaedic Residency. Currently
serving on Coastal Bend Health Facilities Development
Corporation. (6-29-01)
1 - Large Commercial
Michael Cox
Sr. Environmental Engineer, Valero Refining Co. B.S. in
Chemical Engineering, University of Houston. Member of
the United Way, Air and Waste Management Association,
and American Institute of Chemical Engineers. (Large
commercial) (9-10-01)
1 - Wholesale Raw or Treate~ water
Pete )maya, P.E.
City Manager, City of Alice. Oversees the Alice Water
Authority. B.S. in Civil Engineering, University of Texas
at Austin. Member of the Alice/Jim Wells County Master
Planners, Alice Economic Development Council and the
Chamber of Commerce. OFtlolesale raw water) (2-06-02)
Jim Naismith
Manager/District Engineer, San Patricio Municipal Water
District. M.S. in Hydraulic and Sanitary Engineering and
Bachelor's in Civil Engineering, Comell University.
Member of the American Water Works Association, the
American Society of Civil Engineers and the Portland
Rotary Club. (Wholesale treated or raw water) (2-06-02)
-38-
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
7-15-03
AGENDA ITEM:
Motion authorizing the City Mare
on the funds being budgeted in F
space to operate the Juvenile As
which has been budgeted in the
and Prevention District.
get or his designee to execute a three-year (contingent
Y 2004 - 2007) lease with Old Lipan, Ltd. for the facility
~essment Center, in the amount of $33,654.20 per year,
2003-2004 budget of the Corpus Christi Crime Control
ISSUE: The square footage of the Juvenile Assessment Center has been altered due to
Court renovations, requiring a neW and less expensive lease. This lease would begin on
August 1, 2003 and is instead of the second option year on our old, more expensive lease.
This reduction in square footage was done in a manner that in no way hinders the
Juvenile Assessment Center's ability to continue serving the at dsk youth and families of
this community. The risk assessments, crisis intervention and comprehensive case
management services that take place in this space continue be done effectively and
continue to reduce cdme in our Community.
REQUIRED COUNCIL ACTIONI Council action is required to authorize the three-year
lease with Old Lipan, Ltd. for $33,654.20 per year for the facility space to operate the
Juvenile Assessment Center.
PREVIOUS COUNCIL ACTION: Council authorized a one-year lease with two one-year
options with Durrill Properties (same people as Old Lipan, Ltd.) for $45,322 on September
18, 2001.
FUNDING: Available.
CONCLUSION AND RECOMMENDATION: Staff recommends that Council approve the
motion authorizing the three-yea~ lease with Old Lipan, Ltd. for $33,664.20 per year for the
facility space to operate the Juvenile Assessment Center.
Linda HodgeV - 0
Assistant Director of Programs
Park and Recreation Department
Attachments:
Backgroundi Information
Lease
-41-
BACKGROUNDINFORMA~ON
I I
Council authorized a one-year lease with two one-year options with Durrill Properties
(same people as Old Lipan, Ltdl) for $45,322 on September 18, 2001 for the space to
operate the Juvenile Assessmeqt Center. Since then, the square footage of the Juvenile
Assessment Center has been all~ered due to Court renovations, requiring a new and less
expensive lease; only $33,664.~0 per year. This new lease would begin on August 1,
2003 and is instead of the secori option year on our old, more expensive lease.
This reduction in square footage 'vas done in a manner that in no way hinders the Juvenile
Assessment Center's ability to :ontinue serving the at-risk youth and families of this
community. The risk assessments, crisis intervention and comprehensive case
management services that take. place in this space continue be done effectively and
continue to reduce crime in our c :ommunity.
-42-
Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469
IBASIC LEASE FORM
TISRMS and DEFINITIONS
1. Parties: The parties to this lgase are the owner of the Property Old Lipan, Ltd.
lCLandlord) and the tenant City ~f Corpus Christi - Juvenile Assessment Center
2. Leased Premises: Landlord leases to Tenant the following described real property, known as the "leased premises," along with
all its improvements:
Suite 104, containing approximately 2953 square feet of rentable area, located on the land known as 226 Enterp~se Parkway, Corpus
Christi, Nueces County, Texas , which is legally ~escribed as N/A or [] as described on attached exhibit. Property means the
building or complex in which the leased premises are located, inclusive of any common areas, drives, parking areas, and walks. The
parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may
included an allocation of common areas in the Property.
3. Term:
A. Term: The term of this lease is 36 months, commencing on August Iq 2003 and ending on July 31~ 2006.
B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date because of coustraction
on the leased premises to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the
leased premises, Landlord will not be liableito Tenant for such delay and this leases will remain enforceable. In the event of
such a delay, the Commencement Date will ~Utomatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of days, so that the term of this lease remains unchanged. If Tenant is
unable to occupy the leased premises afier the 30t~ day afier the Commencement Date because of construction on the leased
premises to be to be completed by Landlord that is not substantially complete or a prior tenant's holding over of the leased
premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to
be occupied by Tenant and Landlord will refund to Tenant any mounts paid to Landlord by Tenant. This Paragraph 3B does
not apply to any delay in occupancy caused by cleaning or repairs.
Rent and Expenses: The total monthly rental for the premises will be $ 2,805.35.
A. Base Monthly Rent: On or before the fLrst day of each month during this lease, Tenant will pay Landlord base monthly rent in
the amount of $ 2,805.35~ which will remain the same throughout the thirty-six (36) month lease. The first flail base monthly
rent is due on or before August 1~ 2003.
Prorate Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will pay Landlord as prorated
rent, an amount equal to the base monthly rent multiplied by the following fraction: the number of days from the
Commencement Date m the fLrst day of the month divided by the number of days in the month in which this lease commences.
The prorated rent is due on or before the Commencement Date.
C. Triple Net: Will be waived for the initial three year lease term.
D. Place of Payment: Tenant will remit all amounts due Landlord under this lease to:
615 S. Upper Broadway Corpus Christi, ~rx 78401
or to such other person or at such other place as Landlord may designate in writing.
E. Method of Payment: Tenant must pay all rertt timely without demand, deduction, or offset, except as permitted by law or this
lease. Time is of the essence for the paymen~ of rent. If Tenant fails to timely pay any mounts due under this lease of if any
check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord may require Tenant to pay, in
addition to any other available remedy, all amounts due under this lease by certified funds by providing written notice to
Tenant.
Initialed for Identification by Tenant: __
Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment within 10 days after the
date rent is due, Tenant will pay Landlord a late charge equal to 5% of the base monthly rent. The mailbox is not the agent for
receipt for Landlord. The late charge is not a cost associated with the collection of rent and Landlord's acceptance of a late
charge does not waive Landlord's right to exercise remedies under Paragraph 20 plus $10 per day everyday not received.
and , , Lardlord: Ir-~) 2 of 10
-43-
i
Commercial Lease: Old Lipan - 226 Ent0rprise - Corpus Christi, TX. 78469
1
G. Returned Checks: Tenant will pay $25.0~ (not to exceed $25) for each check Tenant tenders to Landlord, which is not
returned by the institution on which it is draWn for any reason, plus any late charges until Landlord receives payment.
5. Security Deposit: Upon execution of this lease, Tenant will pay a security deposit to Landlord in the amount of $ 0
Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord applies any part of the security
deposit during any time this lease is in effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from
Landlord, restore the security deposit to the amouht stated. Within a reasonable time after this lease ends, Landlord will retired the
security deposit to Tenant less any amounts appliedltoward amounts owed by Tenant.
6. Taxes: Unless otherwise agreed by the parties, Landlord will pay all real properly ad valorem taxes assessed against the leased
premises.
7. Utilities: Tenant will pay all charges for the uselof all utility services to the leased premises and any connection charges except the
following which will be paid by Landlord: electrical, gas, water & sewer.
NOTICE: Tenant should determine if any and all necessary utilities (e.g., water, gas, electricity, telephone, sewer, etc.) are available to
the leased premises, are adequate for Tenant's intended use, and the cost to provide the necessary utilities.
A. During all times this lease is in effect, Tenaat must maintain in full force and effect:
(1). Public liability insurance from an insurer acceptable to Landlord in amount not tess than
N/A on an occurrence basis naming landlord as an
additional insured; and
(2). Personal property damage insurance for Tenant's business operations on the leased premises from an insurer acceptable to
Landlord.
Before the Commencement Date, Tenant :must provide Landlord with a copy of the insurance certificates evidencing
required coverage. If the insurance coverage changes in any mariner or degree at any time this lease is in effect, Tenant must
provide Landlord a copy of an insurance certificate evidencing such change within 10 days of the change.
C. If Tenant fails to maintain the required insurance in full force and effect at all times this lease is in effect, Landlord may: (1)
purchase such insurance coverage changes on behalf of Tenant and Tenant must immediately reimburse Landlord for such
expense; or (2) exercise Landlord's remedies under Paragraph 20.
9. Use and Hours: Tenant may use the leased premises for the following purpose and no other:
[] A. Tenant's Normal Business Hours: Tenant's normal business hours are (specify hours, days of week, and if inclusive or
exclusive weekends and holidays):
Tenant will keep the leased premises open substantially during Tenant's normal business hours.
[] B. Buildine O~eratine Hours: The building in which the leased premises are located maintains operating hours of (specify
hours, days of week, and if inclusive or etxclusive of weekends and holidays):
N/A
N/A
If Landlord is to provide HVAC services to the leased premises under this lease, Landlord is obligated to provide the I-IVAC
services only during the specified building operating hours.
10. Legal Compliance:
A. Tenant may not use or permit any part of lbo leased premises to be used for:
(1) Any activity which is a nuisance or is offensive, noisy, or dangerous;
(2) Any activity that interferes with any other tenant's normal business operations or Landlord's management of,
Property;
Initialed for Identification by Tenant: __ and , Landlord: ~) 3 of 10
44-
Commercial Lease: Old Lipan - 226 Ente rise - Corpus
Christi, TX. 78469
(3) Any activity that violates any ap~pJicable law, regulation, zo ~n~,g ordinance, restrictive covenant, governmental order,
owners association roles, tenants association rules, Landlord s rules or regulation, or this lease;
(4) Any hazardous activity that woulcl require any insurance premium on the Property or leased premises to increase or
that would void any such insurance;
(5) Any activity that violates any applicable federal, state, or local law, including but not limited to those laws related to
air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions, or other environmental
matters;
(6) The permanent or temporary storl
(7) N/A
"Hazardous material" means any pollut~
solvent, or oil as defined by any federal, s
of this lease or later enacted.
Landlord does not represent or warrant ~
ordinances, setback lines, parking require
relate to Tenant's intended use. Tenant
independently investigating all matters re
relying on any warranty or representation r
premises or Property.
ge of any hazardous material; or
tt, toxic substance, hazardous waste, hazardous material, hazardous substance,
ate, local environmental taw, regulation, ordinance, or rule existing as of the date
hat the leased premises or Property conform to applicable restrictions, zoning
nents, impervious ground cover ratio requirements, and other matters that may
nust satish' itself that the leased premises may be used as Tenant intends by
ated to the use of the leased premises or Property. Tenant agrees that it is not
tade by Landlord, Landlord's agent, or any broker concerning the use of the leased
A. Tenant may not post or paint any signs at4un, or about the leased premises or Property without Landlord's written consent.
Landlord may remove any unauthorized sign, and Tenant will promptly reimburse Landlord for any expense related to the
removal of any unauthorized sign. Any agthorized sign must comply with all laws, restrictions, zoning ordinances, and any
governmental order relating to signs on ~tle leased premises or Property. Landlord may temporarily remove any authorized
sign to complete repairs or alterations to ~ leased premises or the Property.
By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's
expense, to remove, without damage to th~ Property or leased premises, any or all signs that were placed on the Property or
leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are
fixtures become property of the Landlord and must be surrendered to Landlord at the time the lease ends.
12. Access by Landlord:
A. During Tenant's normal business hours Candlord may enter the leased premises for any reasonable purpose, including but
not limited to purposes for repairs, maigtenance, alterations, and showing the leased premises to prospective tenants or
pm-chasers. Landlord may access the leased premises after Tenant's normal business hours with Tenant's permission or to
complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business operations when accessing the
leased premises.
B. During the last 60 days of this lease, Landlord may place a "For Lease" or similarly worded sign in the leased premises.
13. Move-In Condition: Tenant has inspected the leased premises and accepts it in its present (as-is) condition unless expressly noted
otherwise in this lease. Landlord and any agent ha,4e made no express or implied warranties as to the condition or permitted use of the
leased premises or Property.
14. Move-Out Condition and Forfeiture of Tenant's Personal Property:
At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, normal wear
and tear accepted. Tenant will leave the leased premises in a clean condition free of all lrash, debris, personal property,
hazardous materials, and environmental contaminants. Before this lease ends, Tenant will [] [] will not provide Landlord
with a report, by an environmental engineer or assessor acceptable to Landlord, dated not earlier than 20 days before the date
this lease ends that indicated that no hazardous material or other environmental hazard is on or affects the leased premises.
__ and , Landlord:
Irfitialed for Identification by Tenant: 4 of 10
Commercial Lease: Old Lipan - 226 Ente~rise - Corpus Christi, TX. 78469
B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises
Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal property by providing written notice t-
Tenant; or (2) retain such personal proper~ as forfeited property to Landlord.
C. "Surrender" means vacating the leased pr~mises and returning all keys and access devices to Landlord. "Normal wear and
tear" means deterioration that occurs without negligence, carelessness, accident, or abuse.
D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's
expense, to remove, without damage to tl~e Property or leased premises, any or all fixtures that were placed on the Property
or leased premises by or at the request of[Fenant. Any fixtures that Landlord does not require Tenant to remove become the
property of the Landlord and must be surrlndered to Landlord at the time this lease ends.
15. Maintenance and Repairs: I
A. Cleaning: Tenant must keep the leased t~remises clean and sanitary and promptly dispose of all garbage in appropriate
receptacles. [-~ Landlord ~ Tenan[ will provide, at its expense, five times a week janitorial services to the leased
prenusas.
B. Repairs and Conditions Caused by a p.a~: Each party must promptly repair a condition caused, either intentionally or
negligently, by that party guests, patrons, iCvitees, and contractors or permitted subtenants.
C. Repair and Maintenance Responsibility: E~cept as provided by Paragraph 15B, the party designated below, at its expense, is
responsible to maintain and repair the ~ollowing specified items in the leased premises. The specified items must be
maintained in: (i) clean condition; (ii) goo¢l repair; and (iii) operable condition. If a modification to any of the specified items
is required; by law, or governmental regulation or order, the party designated to maintain the item must complete and pay the
expense of the modification. The specifie{t items include and relate only to real property in the leased premises. Tenant is
responsible for the repair and maintenance of its personal property.
N/A
(1) Foundation, exterior walls, roof, and other structural comporlents []
(2) Glass and windows []
(3) Fire protection equipment and fire sprinkler systems []
(4) Exterior & ovexhead doors, including closure devices, molding, locks and hardware []
(5) Grounds maintenance, including landscaping, and ground sllrinklers []
(6) Interior doors, including closure devices, frames, molding, locks & hardware []
(7) Parking areas and walks []
(8) Plumbing systems, drainage systems, electrical systems
(including ballast and lamp replacement) and mechanical
systems, those specifically designated otherwise. []
(9) Heating Ventilation and Air Conditioning (HVAC) systems
(10) Signs
(11) Extermination and pest control, excluding
wood-destroying insects
(12) Storage yards and storage buildings
Landlord Tenant
__ and , Landlord:
Initialed for Identification by Tenant: 5 of 10
Commercial Lease Old Lipan - 226 Ent rise- Corpus Christi,
/,~ Wood-destxoying insect treatment and repairs
(14) Cranes and related systems
(15) N/A
(16) All other items and systems
TX. 78469
N/A
Landlord
[] [] []
[] [] []
[] [] []
[] [] []
Repair Persons: Repairs must be complete~
HVAC Se___~ic_~e Contract~ If Tenant is reM:
maintain, at its expense, a regularly sched~
service contract must be purchased from
properties. If Tenant fails to maintain a r,
lease, Landlord may do so and charge Te~
remedies under Paragraph 20.
Common Areas: Landlord will maintain
best interest of the Property. Landlord wi
and location of any common areas, prov
leased premises. If a modification to the c~
modify the item. Tenant has the non-exc
resWictions. Tenant may not solicit any b
by trained, qualified, and insured repair persons.
>usible to maintain the HVAC system, Tenant [~ is ~-~ is not required to
~led maintenance and service contract for the HVAC system. The maintenance and
HVAC maintenance-company that regularly provides such contracts to similar
~.quired I-IVAC maintenance and service contract in effect at all times during this
ant the expense of such a maintenance and service contract or exercise Landlord's
ny common areas in the Property in a manner as Landlord determines to be in the
I maintain signs in the common area. Landlord may ch~,a~ge the size, dimension,
ded that such change does not materially impair Tenant s use and access to the
~mmon area is required; by law or governmental regulation, or order, Landlord will
usive license to use the common areas in compliance with Landlord's roles and
miness in the common areas or interfere with any other person's right to use the
Notice of Renairs: Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's
responsibility to repair. All requests for re@airs to Landlord must be in writing.
Failure to Repair: Landlord must make a repair for which Landlord is responsible within a reasonable period of time after
Tenant provided Landlord written notice 0f the needed repair. If Tenant fails to repair or maintain, an item for which Tenant
is responsible within 10 days after LandlCrd provides Tenant written notice of the needed repair or maintenance, Landlord
may: (1) repair or maintain the item, w~thout liability for any damage or loss to Tenant, and Tenant must immediately
reimburse Landlord for the cost to repair or maintain; or (2) exercise Landlord's remedies under Paragraph 20.
16. Alterations:
Tenant may not alter, improve, or add to the Property or the leased premise without Landlord's written consent. Landlord
will not unreasonably with_hold consent for the Tenant to make reasonable alterations, modifications, or improvements to
leased premises.
Tenant may not alter any locks or any seburity devices on the Property or the leased premises without Landlord's consent. If
Landlord authorizes the changing, addition, or re-keying of any locks or other security devices, Tenant must immediately
deliver the new keys and access devices lo Landlord.
C. The Landlord agrees to comply with governmental orders requiring the alteration or modification to the leased premises for
ADA compliance.
Any alterations, improvements, fixtures, or additions to the Property or leased premises installed by either party during the
term of this lease will become Landlord!s properly and must be surrendered to Landlord at the time this lease ends, except
for those fixtures Landlord requires Tenant to remove under Paragraph 14 or if the parties agree otherwise in writing.
Liens: Tenant may not do anything that will ¢ause the title of the Property or leased premises to be encumbered in any way. If
ant causes a lien to be filed against the Property or leased premises, Tenant will within 20 days after Landlord demands Tenant to
__and , Landhird:~
-47-
Initialed for Identification by Tenant: 6 of 10
Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469
1
take action to remove the lien, pay the lien, or take!whatever action is necessary to cause the lien to be released of record. Tenant will
provide Landlord a copy of any release Tenant obtains pursuant to this paragraph. "
18. Liability: To the extent permitted by law, Landlord is NOT responsible to Tenant or Tenant's employees, patrons, guests, o~
invitees for any damages, iniuries, or losses to person or property caused by:
A. an act, omission, or neglect of: Tenant; ]Fenant's agent; Tenant's guest; Tenant's employees; Tenant's patrons; Tenant's
invitees; or any other tenant on the ProperV~;
B. fire, flood, water leaks, ice, snow, hail, wit
assault, vandalism, other persons, environm
19. Indemnity: To the extent not prohibited by th~
hold Landlord harmless fi.om any property damage,
leased premises or Property or any other loss cans~
invitees.
explosion, smoke, riot. Strike, interruption of utilities, theft, burglary, robbery,
total contaminants, or other occurrences of casualty losses.
laws of the State of Texas and the Texas Constitution, tenant will indemnify and
personal injury, suits, actions, liabilities, damage~, cost of repairs or service to the
d, negligently or otherwise, by Tenant or Tenant s employees, patrons, guests, or
20. Default:
If Landlord fails to comply with this lea~e within 30 days after Tenant notifies Landlord of Landlord's failure to comply,
Landlord will be in default and Tenant ~nay seek any remedy provided by law. If however, Landlord's non-compliance
reasonably requires more than 30 days to!cure, Landlord will not be in default if the cure is commenced within the 30-day
period and is diligently pursued.
B. If landlord does not actually receive at th~ place designated for payment any rent due under tiffs lease within 10 days after it
is due, Tenant will be in default. If Tenan~ fails to comply with this lease for any other reason within 10 days after Landlord
notifies Tenant of its failure to comply, Te¢ant will be in default.
If Tenant is in default, Landlord may: (i) ierminate Tenant's right to occupy the leased premises by providing Tenant with
least 3 days written notice; and (ii) accelerate ali rents which are payable during the remainder of this lease or any renex
period without notice or demand. Landlord will attempt to mitigate any damage or loss caused by Tenant's breach. If Tenan't
is in default, Tenant will be liable for:
(1) Any lost rent;
(2) Landlord's cost of re-letting the leased premises, including brokerage fees, advertising fees, and other fees necessary to
re-let the leased premises;
(3) Repairs to the leased premises for use beyond normal wear and tear;
(4) All Landlords' costs associated with e~iction of Tenants, such as attorney fees, court cost, and prejudgment interest;
(5) All Landlords costs associated with collection of rent such as collection fees, late charges, and returned check charges;
(6) Cost of removing any equipment and t~ade-fixtures left on the leased premises by Tenant
(7) Cost to remove any trash, debris, persortal property, hazardous materials, or environmental containments left by Tenant or
Tenant's employees, patrons, guests, or invitees in the leased premises or Properly; and
(8) Any other recovery to which Landlord may be entitled by law
21. Abandonment, Interruption of Utilities, Removal of Tenant's Property, and Lockout: Chapter 93 of the Texas Property Code
governs the rights and obligations of the parties with regard to: (a) abandonment of the leased premises (b) interruption of utilities; (c)
removal of Tenant's personal property; and (d) "lo0k-out" of Tenant.
22. Holdover: If Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become a tenant-at-will and must
vacate the leased premises immediately upon receigt of demand from Landlord. No holding over by Tenant, with or without the
consent of Landlord, will extend this lease. To the extent not prohibited by the laws of the State of Texas and the Texas Constitution,
tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover
period will be 2 times the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and
payable daily without notice or demand.
23. Landlord's Security Interest: _ This lease is a security agreement for the purposes of the Uniform Commercial Code. Landlc
may file a copy of this lease as a financing statement.
and , Landlord:~_~_~_
Initialed for Identification by Tenant: __ 7 of 10
Commercial Lease: Old Lipan - 226 Ent rise - Corpus Christi, TX. 78469
:~.Assignment and Subletting: Tenant may not assign this lease or sublet any part of the !eased premises without Landlord's written
mt. An assignment of this lease or subletting {fthe leased premises without Landlord s written consent is voidable by Landlord.
,~nant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under
this lease regardless if the assignment of sublease is
25. Relocation: By providing Tenant with not les~
another location in the Property, provided that the
Tenant and contains similar leasehold improvemt
moving to the other location. "Moving expenses"
and disconnection fees, wiring companies for coma,
printing companies for reprinting Tenant's statiom
provision of this lease that is then in effect, includi
number will automatically be amended be amended
26. Subordination:
A. This lease and Tenant's leasehold interest
(1) Any lien, encumbrance, or grounr
(2) All advances made under any sucl
(3) The interest payable on any such
(4) Any and all renewals and extensk
(5) Any restrictive covenant ,affectin~
(6) The fights of any owners associa
made with or without the of consent Landlord.
than 90 days advanced written notice, Landlord may require Tenant to relocate to
>ther location is equal in size or larger than the leased premises then occupied by
nts. Landlord will pay Tenant's reasonable out-of-pocket moving expemes for
neans expenses payable to professional movers, utility companies for connection
:cting and disconnecting Tenant's office equipment required by the relocation, and
ry and business cards. A relocation of Tenant will not change or affect any other
tg rent and reimbursement amounts, except that the description of the suite or unit
are and will be subject, subordinate, and inferior to:
lease now or hereafter placed on the leased premises or the Property by Landlord;
t lien, encumbrance, or ground lease;
ien or encumbrance;
ns of any such lien, encumbrance, or ground lease
the leased premises or the Property; and
ion affecting the leased premises or property.
B. Tenant mast, on demand, execute any instrument subordinatin,g this lease as Landlord may request, provided that such
subordination is made on the condition tl~t, this lease and Tenant s rights under this lease are recognized by the lien- bolder.
' Estoppels Certificates: Within 10 days aft4r receipt of a written request from Landlord, Tenant will execute and deliver to
~ ~dlord an estoppels certificate that identifies: (a) when this lease commences and ends; (b) any amendments to this lease; (c) any
rights that Tenant may have to extend this lease or, purchase the Property or leased premises; (d) any default by Landlord; and (e) any
other information reasonable requested in the certificate.
28. Casualty Loss:
Tenant must immediately notify Landlo[d on any casualty loss in the leased premises. Within 20 days after receipt of
Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are less than or more the 50% nnnsable,
on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies
Landlord of the casualty loss.
If the leased premises are less than 50% lmnsable and Landlord can substantially restore the leased premise within 120 days
after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition
as before the casualty. If Landlord fails to substantially restore within the time required, Tenant may terminate this lease.
If the leased premises are more than 50% unusable and Landlord can substantially restore the leased premises within 120
days after tenant notifies Landlord of the ~aSualty, Landlord may: (1) terminate this lease; or (2) restore the leased premises
to substantially the same condition as before the casualty. If Landlord chooses to restore and does not substantially restore
the leased premises within the time requited, Tenant may terminate this lease.
If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120 days after Tenant
notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and terminate this lease; or (2) choose to
restore, notify Tenant of the estimated lime to restore, and give Tenant the option to terminate this lease by notifying
Landlord within 10 days.
E. If this lease does not terruinate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the
casualty loss to the date the leased premises are substantially restored by an amount proportionate to the extent the leased
premises are unusable.
Initialed for Identification by Tenant: __ and . , Landlord: ~ 8 of 10
Commercial Lease: Old Lipan - 226 Enterprise - Corpus Christi, TX. 78469
29. Condemnation: If after a condemnation or l~urchase in lieu of condemnation the leased premises are totally unusable for the
purposes stated in this lease, this lease will t~rminate. If after a condemnation or purchase in lieu of condemnation the leas,~a~
premises are partially unusable for the purpose~ stated in this lease, this lease will continue and rent will be reduced in an amm
proportionate to the extent the leased premise~ are unusable. Any condemnation award or proceeds in lieu of condemnation arc
the property of Landlord and Tenant has nO claim to such proceeds or award. Tenant may seek compensation from the
condemning authority for its moving expenses and damages to Tenant's personal property.
Attorney's Fees: Any person who is a prevailing party in any legal proceeding brou ,ght under or related to the transaction
the non-prevailing party. [
31. Representations: Tenant's statements in this 14ase and any application for rental are material representations relied upon by
Landlord. Each party signing this lease represenks that he or she is of legal age to enter into a binding contract and is authorized to
sign a lease. If Tenant makes any misrepresenta~io.n in this lease or in any application for rental, Tenant is in default. Landlord is
not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any
enviromnental hazard on or affecting the Property that would affect the health or safety of an ordinary person, except:
N/A I
N/A ~
32. Appropriation of Funds: '
This lease is subject to the budgetary process of 0ae Tenant. If current revenue funds are not appropriated by the Tenant, the
Tenant has the fight to cancel this lease without tlenalty. If budget is approved and accepted near August 1 of every year and
Tenant renews, Tenant is responsible for entire rent obligation for that option period.
33. Addenda:
Incorporated into this lease are the addenda, exlaibits, and other information marked in the Addenda and Exhibit
section of the Table of Contents. If Landlord's ]~ules and Regulations are made part of this lease, Tenant agrees to comply with
the Rules and Regulations as Landlord may, at ~s discretion, amend from time to time.
34. Agreement of Parties:
A. Entire Agreement: This lease contains the entire agreement between Landlord and Tenant and may not be changed except by
written agreement.
B. Binding Effect: This lease is binding upen and inures to the benefit of the parties and their respective heirs, executors,
administrators, successors, and permitted a~signs.
Joint and Several: All Tenants are jointly and severally liable for all provisions of this lease. Any act or notice to, or refund
to, or signature of, any one or more of the Tenants regarding any term of this lease, its renewal, or its termination is binding
on all Tenants.
D. Controlling Law: The laws of the State of Texas govern the interpretation, performance, and enforcement of this lease.
E. Severable Clauses: If any clause in this lc*se is found invalid or unenforceable by a court of law, the remainder of this lease
will not be affected and all other provision* of this lease will remain valid and enforceable.
F. Waiver: Landlord's delay, waiver, or non,enforcement of acceleration, contractual or statutory lien, rental due date, or any
other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease.
G. Quiet Eniownent: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession
and use of the leased premises free from serious interference.
H. Force Majeure: If Landlord's performance of a term in this lease is delayed by strike, lockout, shortage of material,
governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be
abated until after the delay.
Initialed for Identification by Tenant: __ and , Landlord: ~ 9 of 10
-sO-
Commercial Lease: Old Lipan ~ 226 Ente rise - Corpus Christi, TX. 78469
'Notices: All notices under this lease must be itl writing and are effective when hand- delivered, sent by mail, or sent by
facsimile transmission to:
Tenant
At the address of the leased premises
Juvenile Assessment Center l
226 Enterprise Pkwy, Suite 104 '
Corpus Christi, TX. 78405
with a copy to: City of Corpus Christi ~
at Atm. Director, Park and Recreation Dept
P.O. Box 9277
Corpus Christi, TX. 78469-9277
Landlord
at 615 S. Upper Broadway
CorpusChristi, TX. 78401
36. Special Provisions:
The leased space consists of 2953 square feet and ~e all inclusive rent is based on $ .95/SF gross ($ .95 X 2953 = $ 2,805.35).
Real estate brokers are not qualified to render ~egal advise, property inspections, surveys, engineering studies (e.g. studies of
the structures, drainage, and soil conditions). Environmental assessments, tax ad ice, financial advice, or inspections to
determine compliance with zoning, governmental regulations, or any law (e.g., ADA, Texas Architectural Barriers Statute,
etc.). The parties should seek experts to render Such services. Selection of such experts is the responsibility of the parties and
~ the real estate broker. The terms of this lease are negotiable among the parties. This is intended to be a legal agreement
~ng upon final acceptance. READ IT CAREFULLY. If you do not understand the effect of this lease, consult your
· ~rney BEFORE signing.
L[tn~ord - Date Tenant Date
By
Tenant Date
As N/A for Landlord
and , Landlord:~_.~
-51-
Initialed for Identification by Tenant: 10 of I0
6
~ CITY COUNCIL
AGENDA MEMORANDUM
July 10, 2003
AGENDA ITEM: Resolution autl~orizing the review of transmission and distribution
rates of AEP Texas Central Company (Company); directing Company to file certain
information with the City; setting ~a procedural schedule for the gathering and review of
information; setting dates for the filing of the City's analysis and the Company's rebuttal;
authorizing the hiring of legal counsel and consultants; requiring the reimbursement of
rate case expenses; setting a public hearing to determine if the existing rates are
unreasonable or in any way in violation of law and to determine just and reasonable
transmission and distribution rates to be charged by Company
ISSUE: The Texas Public Utility Commission established the current transmission and
distribution rates of CPL now calted AEP Texas Central approximately 18 months ago
based on projected costs and a rate of return that does not reflect current cost of
capital. Actual cost data now exists. Under Texas law, the City has original jurisdiction
over transmission and distributio~ rates to ensure that rates are just and reasonable.
Last month, the South Texas Aggregation Project Board of Directors recommended that
a rate review procedure commerlce in the member cities to ensure that the current
rates are reasonable under applicable regulations using actual data. The City's outside
counsel has been in discussions iwith the lawyers for AEP, and they have a tentative
agreement to expedite the proceedings and related proceedings before the PUC.
REQUIRED COUNCIL ACTION: Approval of the Resolution
PREVIOUS COUNCIL ACTION: None
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Approve the Resolution.
R. ~'y I~ining
Acting City Attorney
-55-
RESOLUTION
AUTHORIZING THE
DISTRIBUTION (T & D)
(COMPANY); DIREC'
INFORMATION ("RATf
CORPUS CHRISTI; SE1
GATHERING AND f
SETTING DATES FOR
THE COMPANY'S FILl
ANALYSIS; AUTHORIZ
CONSULTANTS; REQL
REVIEW OF TRANSMISSION AND
RATES OF AEP TEXAS CENTRAL COMPANY
rING COMPANY TO FILE CERTAIN
! FILING PACKAGE") WITH THE CITY OF
TING A PROCEDURAL SCHEDULE FOR THE
EVIEW OF NECESSARY INFORMATION;
THE FILING OF THE CITY'S ANALYSIS OF
G AND THE COMPANY'S REBUTTAL TO THE
NG THE HIRING OF LEGAL COUNSEL AND
IRING THE REIMBURSEMENT OF THE CITY
OF CORPUS CHRISTI'~S T & D RATE CASE EXPENSES; SETTING
PUBLIC HEARING TO DETERMINE IF THE EXISTING T & D RATES
ARE UNREASONABLE
PROVISION OF LAW Al
T & D RATES TO BE C~
WHEREAS, the City of Corpus (
Regulatory Act (PURA) and has
distribution rates of AEP Texas
just and reasonable;
OR IN ANY WAY IN VIOLATION OF ANY
ID TO DETERMINE JUST AND REASONABLE
ARGED
;hristi is a regulatory authority under the Public Utility
original jurisdiction over the transmission and
;entral Company (AEP) to determine if such rates are
WHEREAS, Sections 36.003 an~l 36.151 of PUPA empower a regu atory authority, on
its own motion or on a complain~by any affected person to determine whether the
existing transmission and distribFtion rates of any public utility for any service are
unreasonable or in any way in viplation of any provision of law, and upon such
determination, to determine the jlust and reasonable transm ssion and distribution rates;
WHEREAS, the Texas Public Utllity Commission established the current transmission
and distribution (T & D) rates of ¢;entral Power & Light, now known as AEP Texas
Central, approximately 18 monthls ago based on projected costs and a rate of return
that did not reflect the current cobt of capital;
WHEREAS, the City Council of the City of Corpus Christi desires, on its own motion, to
exercise its authority under Sectibns 36.003 and 36.151 of PUPA; and
WHEREAS, a procedural scheddle should be established for the filing of a (T & D) rate
filing package by AEP Texas Central Company, procedures to be followed to obtain and
review information from AEP TeXas Central Company, the filing of an analysis of such
information by the City's staff and consultants, the filing of rebuttal information from AEP
Texas Central Company, and a ~ublic hearing at which time the City shall make a
determination whether the existirlg transmission and distribution rates of AEP Texas
Central Company are unreasonable or are in any way in violation of any provision of law
and if such rates should be revised and just and reasonable rates determined for AEP
Texas Central Company.
-56-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OFCORPUS CHRISTI, TEXAS:
SECTION 1. This resolution co~
inquiry into the transmission anc
Company (Company). On or b
Resolution, Company shall file
demonstrates good cause for s
rates should not be reduced. SI:
for the calendar year ending De(
Company's cost of service elem~
to this resolution, along with all;
following information with the Ci
date of this Resolution: The las'
~stitutes notice of the City's intent to proceed with an
distribution rates charged by AEP Texas Central
:ore twenty-one (21) days after the effective date of this
ith the City of Corpus Christi (City) information that
~wing that Company's transmission and distribution
ecifically, Company shall file with the City information
ember 31, 2002, regarding AEP Texas Central
;nts as detailed by the table included as "Attachment A"
ssociated workpapers. Company shall file the
/ on or before twenty-one (21) days after the effective
two Annual Reports of Company and the
memorandum (whether written c financial), reports, studies and evaluation, of
Company's financial ped:ormanc that may have been considered by Company's
management and Company's cdnsu tants or attorneys in preparing these annual
reports; the most recent 10-K anti 10-Q filings at the Securities and Exchange
Commission, and all operation and financial reports of Company provided to Company
management or its parent compa~ny's management in 2002. Testimony need not be
prepared, but a narrative description shall be provided suffic ent to descr be the
information. In add t on, Compar~y shall file with the City revenues and expenses
associated with the provision of~treet lighting service within the municipal limits of the
City of Corpus Christi during 2000, 2001 and 2002.
SECTION 2. City's designated representatives shall have the right to obtain additional
information from Company through the filing of requests for information, which shall be
responded to within seven (7) days from the receipt of such request for information.
SECTION 3. City's designated representatives shall file their analysis of Company's
filing and information on or before forty (40) days from the effective date of this
resolution.
SECTION 4. Company shall file any rebuttal to the analysis of City's representatives on
or before fifty (50) days from the effective date of this resolution. With its rebuttal,
Company may present whatever additional information it desires to defend its current
rates.
SECTION 5. A public hearing shell be conducted by the City Council for the City of
Corpus Christi on September 9, 2003, during the regular council meeting scheduled to
commence at 2:00 p.m. At the hearing a representative of AEP Texas Central
Company shall be allowed to addlress the City Council and summarize previously filed
reports for no more than 15 minutes. The City Council will also consider any written
request or recommendation of Cities' consultants. If possible, the City will coordinate its
review with other Cities taking similar action, including the holding of a jointly sponsored
-57-
rate hearing. Based upon such Ihearing(s), a determination of the reasonableness of
the existing rates of AEP Texas Central Company shall be made by the City Council
and, if necessary, just and reasc~nable rates shall be determined to be thereafter
observed and enforced for all sei'vices of AEP Texas Central Company within the City
of Corpus Christi, Texas.
SECTION 6. The City Council n-
and enter additional orders as m
the provisions hereof.
SECTION 7. AEP Texas Centra
costs of attorneys and consultan:
SECTION 8. Subject to the right
Corpus Christi hereby authorizes
Lloyd, Gosselink, Blevins, Roche
consultants to review AEP Texas
City of Corpus Christi in its raterr
Public Utility Commission or cou
ay, from time to time, amend this procedural schedule
~y be necessary in the public interest and to enforce
Company shall reimburse the City for the reasonable
upon presentation of invoices by the City.
to terminate employment at any time, the City of
Geoffrey Gay and Steven Porter with the law firm of
lie, Baldwin & Townsend and other qualified
Central Company's existing rates and to assist the
aking and to prosecute any appeals to the Texas
SECTION 9. The City's obligatic~n for costs of attorneys and consultants shall be limited
to those amounts that are deternlined to be reasonable under PUP, A.
SECTION 10. The effective dat~ of this Resolution is the date this Resolution is passed
by the City Council of the City of Corpus Christi, Texas.
SECTION 11. The City Secretary is directed to mail a copy of this Resolution to AEP
Texas Central Company.
ATTEST:
THE CiTY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neat, Jr.
Mayor
Approved: June 30, 2003
Lisa Aguilar~
Assistant City Attorney
for City Attorney
-58-
7
AGENDA MEMORANDUM
July 8, 2003
SUBJECT: Cefe Valenzuela La~ndfill - TxDOT Advanced Funding Agreement
Project No. 5038
AGENDA ITEM:
Resolution authorizing the City Manager, or his designee, to execute a Local Project
Advanced Funding Agreement f¢ r Voluntary Transportation Improvement Project with the
Texas Department of Transportation (TxDOT) governing the construction of a proposed
drainage culvert on FM 70 to serve the future development of Cefe Valenzueta Landfill in
the amount of
$16,000.00 for preliminary engineering; and
· $900,000.00 for construction (subject to availability of funds).
ISSUE:
The drainage channel for the future Cefe Valenzuela Landfill crosses FM70 requires an
agreement with the TxDOT.
FUNDING:
Funding is available from the Salnitary Landfill CIP Fund.
RECOMMENDATION:
Approval of the resolution as presented.
fCfC4Angel R. Escobar, P.E. --Date
Director- Engineering Services
Attachments;
Exhibit A: Background
Exhibit B: Location Map
¢ctY~apl~-r~Z ' ' -Date
or- Solid Waste Services
H:\H OME~KEVIN S~GE N\LAND FILL\Valenzuela\TxDO'[~AdvFu ndAgrMe mo.doc
-61-
ADDITIONAL INFORMATION
Background: i
Cefe Valenzuela Landfill has been a long term project and subject to many
Council and administrative ~actions. The landfill is permitted and the City may
proceed with construction When it desires. Construction contract documents,
plans and specifications have been completed subject to final review,
Cefe Valenzuela may not accept any solid waste until the drainage system is
complete. This includes ani off-site drainage channel that outfalls into Petronila
Creek. The route of the drdinage channel crosses FM70. TxDOT has reviewed
the crossing plans, and is !agreeable to construction of the drainage culverts
under FM70.
An advanced funding agreement is necessary for TxDOT to proceed with letting
the project. The timing of their process dictates that the agreement be signed at
this time to ensure the culverts are in place when needed.
Agreement:
The agreement provides for the City to have the plans and specifications
prepared in accordance with TxDOT's manuals and policies. The plans were
completed and delivered to TxDOT. The State will let the project and inspect the
construction of the culverts. The culverts consist of 4-10 ft. x 10 ftx 136 ft long
structures. The project will include construction of a temporary detour, traffic
control, and traffic barriers.
The agreement requires the City to pay $16,000 for preliminary engineering for
the cost of TxDOT's review and processing of the plans. The City must also pay
the estimated construction oost of $900,000 sixty days prior to TxDOT letting the
project. The City is responsible 100% of the actual construction costs and any
change orders. TxDOT will refund any excess funds after the project is
complete.
Exhibit A
Page 1 of 1 ]
-62-
\Mproject\councilexhibits\exhlonfMTO.dwg
J.C, EUJOTT
LANDFIll.
NUECES COUNtrY
665
F.M. 43
RD..D
N
PROJECT LOCATT_ON
PROJECT LOCATT_ON MAP
PROJECT # 5038
EXHIB£T "B"
I CEFE F. VALENZUELA LANDFT_LL
TxDOT ADVANCED FUNDT_NG AGREEMENT
CITY OF CORPUS CHRISTI, T~XAS ~3
CITY COUNCT_L EXHr_BIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of:PAGE: 1
DATE: 07/08/2005
RESOLUTION
AUTHORIZING THE CITY
A LOCAL PROJECT ADV
VOLUNTARY TRANSPOF
THE TEXAS DEPARTMEI
GOVERNING THE CONS'
MANAGER OR HIS DESIGNEE TO EXECUTE
ANCED FUNDING AGREEMENT FOR
:TATION IMPROVEMENT PROJECT WITH
IT OF TRANSPORTATION (TxDOT)
'RUCTION OF A PROPOSED DRAINAGE
CULVERT ON FM 70 TOSERVE THE FUTURE DEVELOPMENT OF
CEFE VALENZUELA LANDFILL IN THE AMOUNT OF $16,000 FOR
PRELIMINARY ENGINEERING AND $900,000 FOR CONSTRUCTION
(SUBJECT TO AVAILABI~_ITY OF FUNDS).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The City Manager or his designee is authorized to execute a Local Project
Advanced Funding Agreement for Voluntary Transportation Improvement Project with
the Texas Department of TranspOrtation (TxDOT) governing the construction of a
proposed drainage culvert on FM! 70 to serve the future development of Cefe
Valenzuela landfill in the amount ,of $16,000 for preliminary engineering and $900,000
for construction (subject to availability of funds).
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ~ DAY OF ~[~.~
//Jo~n P. Burke, Jr.
~sistant City A~orney
~or City A~orney
Samuel L. Neal, Jr.
Mayor
,2003
-64-
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 15, 2003
AGENDA ITEM:
Item A: Resolution authorizing ti
Health District or the Director of t
designee to apply to the Depa~
$50,000 Grant for a demonstrati
medical response systems.
~e Director of the Corpus Christi ~ Nueces County Public
~e Corpus Chdsti- Nueces County Public Health District's
tment of Health and Human Services for a three-year,
~n project to supplement existing community emergency
ISSUE: The Corpus Christi-Nue :es County Public Health District requests City Council's
consideration in granting approv; ~1 to submit a request for proposal (RFP) for a Cooperative
Agreement Demonstration Proj( ,ct for the Medical Reserve Corps, Citizens Corps, USA
Freedom Corps, a grant from the Department of Health and Human Services, Office of the
Secretary, Office of Public Health and Science, Office of the Surgeon General. This grant
will provide funding to governme 3t entities and community-based organizations under the
terms of a cooperative agreement. The cooperative agreements will facilitate the start up
of Medical Reserve Corps (MRC) units. The MRC unit is intended to supplement existing
community emergency medical'response systems as well as contribute to meeting the
public health needs of the community throughout the year. This unit should help provide
additional response capacity during the initial hours following an emergency before
assistance from other outside agencies may arrive.
REQUIRED COUNCIL ACTION: Approval to submit the request for proposal for a
Cooperative Agreement DemonStration Project for the Medical Reserve Corps, Citizens
Corps, USA Freedom Corps.
PREVIOUS COUNCIL ACTION; None
FUNDING: The Office of the Surgeon General anticipates making 120 awards of up to
$50,000 to new applicant communities in fiscal year 2003. Continuation of funding is
available for second and third year.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
request for proposal for a Cooperative Agreement Demonstration Project for the MRC,
Citizens Corps, USA Freedom Corps.
(Dep~rtme~ I-I~ad Signature)
-67-
A RESOLUTION
AUTHORIZING THE
COUNTY PUBLIC HE/~
CORPUS CHRISTI - NI.
DESIGNEE TO APPLY
SERVICES FOR FIRST
RENEWAL GRANT
SUPPLEMENT EXIST
RESPONSE SYSTEMS.
~ECTOR OF THE CORPUS CHRISTI - NUECES
LTH DISTRICT OR THE DIRECTOR OF THE
ECES COUNTY PUBLIC HEALTH DISTRICT'S
O THE DEPARTMENT OF HEALTH AND HUMAN
· YEAR FUNDING OF A $50,000, THREE-YEAR
-'OR A DEMONSTRATION PROJECT TO
NG COMMUNITY EMERGENCY MEDICAL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The Director of the Corpus Christi - Nueces County Public Health District
or the Director of the Corpus Christi - Nueces County Public Health District's designee
is authorized to apply to the Department of Health and Human Services for a three-
year, $50,000 grant for a demonstration project to supplement existing community
emergency medical response ~stems.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Samuel L Neal, Jr.
City Secretary Mayor
APPROVED AS TO FORM: ~'day of July, 2003.
Eliza~th R. Hundley'
Assr~tant City Attorney
for the City Attorney
H:\LEG-DIR\elizabeth~Dept FileslEH Resolutions~EHres 133
-68-
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
July 157 2003
AGENDAITEM:
Item A: Resolution authorizing tl~e Director of the Corpus Christi- Nueces County Public
Health District or the Corpus Christi - Nueces County Public Health District's designee to
submit a grant application to the Texas Department of Health for a one-year, $204,750
grant to provide additional personnel and supplies for the continued provision of
immunization services.
ISSUE: The Corpus Christi-NueCes County Public Health District requests City Council's
authorization to submit an interlbcal application for Immunization Services to the Texas
Department of Health (TDH). This grant is a renewal grant for immunization services
provided through the Health Department. The Grant period is January 1, 2004 through
December 31,2004. These grants are available to Health Departments in Health Districts
within the state of Texas to provide immunization services. This project supplies a safety
net for those who may not have any other means of receiving these services. In addition to
the $124,000 received in previous years, the Health Department is requesting additional
personnel and supplies due to an increase in services provided. An additional nurse and a
clerical support staff are necessary to fulfill these needs. The amount being requested is
$204,750 for the additional staff and supplies needed to meet the needs of the public.
REQUIRED COUNCIL ACTION: Authorization to submit an interlocal application for
continuation of Immunization Services from the Texas Department of Health.
PREVIOUS COUNCIL ACTION: This grant was previously an annual renewal of funds.
FUNDING: Continuation of funding to provide immunization services for the 2004 year.
No matching funds are required:
CONCLUSION AND RECOMMENDATION: Recommend City Council to authorize the
request for an interlocal application for the continuation of immunization services.
(Departmen~'/H~ad Signature)
-71-
PROPOSED ~M~TION GRANT BUDGET FY 2004 (City #830103)
SALARIES
Senior Public Health Nurse-
(2) LV~ I
Staff Assistant
LVN ! (proposed)
Staff Assistant (proposed)
TOTAL
GROUP INSURANCE
HOUSEHOLD SUPPLIES
$38,607
48,726
16,311
23,599
15,340
$142,583
$27,661
$21,102
$4,244
OFFICE SUPPI,I~,S
$1,415
MILEAGE
$2,348
SELF I~S. ALLOCATION
$5,397
TOTAL
$204,750
-72-
A RESOLUTION
AUTHORIZING THE DI
COUNTY PUBLIC HE.~
CORPUS CHRISTI - NI
DESIGNEE TO SUBM
DEPARTMENT OF HE.~
PROVIDE ADDITION.~
CONTINUED PROVlSI(
~ECTOR OF THE CORPUS CHRISTI - NUECES
~LTH DISTRICT OR THE DIRECTOR OF THE
JECES COUNTY PUBLIC HEALTH DISTRICT'S
IT A GRANT APPLICATION TO THE TEXAS
~LTH FOR A ONE-YEAR, $204,750 GRANT TO
L PERSONNEL AND SUPPLIES FOR THE
~N OF IMMUNIZATION SERVICES.
BE IT RESOLVED BY THE CI~'Y COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The Director of the Corpus Christi - Nueces County Public Health District
or the Director of the Corpus Christi - Nueces County Public Health District's designee
is authorized to submit a grant !application to the Texas Department of Health for a one-
year, $204,750 grant to provide additional personnel and supplies for the continued pro-
vision of immunization services.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L Neal, Jr.
Mayor
AP.p.~OVED AS TO FORM: ~) day of July, 2003.
Eliza~/~th R. ~un~ley
Assi~ant City Attorney
for the City Attorney
-73-
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
July 15, 2003
AGENDA ITEM:
Item A: Resolution authorizing the Director of the Corpus Christi- Nueces County Public
Health District or the Director of tl~e Corpus Christi - Nueces County Public Health District's
designee to apply to the Texas Department of Health for a one year renewal contract to
fund the elimination and control of tuberculosis in Nueces County in the amount of
$149,797.
ISSUE: The Corpus Christi-Nueces County Public Health District requests City Council's
consideration to submit an application to the Texas Department of Health (TDH) for a
$149,797, one year, contract to fund the elimination and control of tuberculosis in Nueces
County. These funds will provide services to individuals who have tuberculosis or those
who have a high risk of contractir~g tuberculosis. TDH expects the contract to begin on or
about 09/01/03, and will be awarded for a 12-month budget period.
REQUIRED COUNCIL ACTION= Approval to submit an interlocal contract application to
TDH for the State FY03-04.
PREVIOUS COUNCIL ACTION: Previous Council actions were funding cuts in travel
FY02-03.
FUNDING: The Texas Department of Health awards eligible local Health Departments
contracts to provide prevention control of tuberculosis. The funding available is $149,797.
CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the
submission of an application to TDH to fund the elimination and control of tuberculosis in
Nueces County.
(Depa~ e'nt H~ead Signatu re)~ ?/~
-77-
July 1, 2003
Corpus Christi-Nueces County Public Hea~
At'm: Ardys Boosltom, M.D., Public Healt
P.O. Box 9727
Corpus Christi, Texas 78469
Contract Interlocal App
th District
Director
icafion Process for Fiscal Year 2004:
Dear Dr. BoosU'om:
The Texas Department of Health (TDH) T~ Elimination Division (TBED) is initiating the con~ract application process
for fiscal year (FY) 2004. This letter is a r~iader that the TBED requires each TB Program to submit an annual Plan
and Evaluation/Assessment (Service Dqlivery Plan, Detailed Budget Justification, and Targeted Performance
Measures) for review, clarification if noc~ssery, and approval. This must be completed before any contract can be
issued to your agency. The deadline for T~ED to have received these plans, in our office, is July 18, 2003.
Covering the escalating costs of tuberculo
adjustment ia our Tuberculosis Program's
budgets arise later in FY 2004, notific~
Attachment action. However, at this fir
purchases; 2.) soft'ware and fia'aiture puml
speaker fees, advertising, and stipends, ~
considered only for training that is dirocfl~
lis medications and remaining within available resources will require some
budget. TBED assures your agency that, should a need to reduce program
tion of needed changes will occur prior to implementing any contract
te we have decided that non-essential items, such as: 1.) all equipment
ases; 3.) books, periodicals, pamphlets, membership fees, registration fees,
nst be excluded fi.om your agency's FY 04 budget. Exceptions will be
essential to the provision of good patient care and TB prevention.
Your new budget for tubemulosis general ~evenue funds for FY 2004 will be $149,797.00 for Financial Assistance.
Please submit your new Financial Assistance budget ia the amount of $149,797.00
If you have any questions, need additional information, or would like the attached Guidelines eloctmuically, please
contact Mrs. Cynthia Lewis, Program SpeCialist, Tuberculosis Elimination Division, at (512) 458-7111 ext. 3452 or
by e-mail at cynthia.lewis(~;tdh.state.tx.us.
Sincerely,
Brian Smith, M.D., M.P.H.
Regional Director
Public Health Region 11
Charles E. Wallace, Ph.D., M.P.}L, Director, Tuberculosis Elimination Division
Cynthia Lewis, Program Specialist, Tuberculosis Elimination Division
Sylvia Garces-Hobbs, Deputy R~gional Director, Public Health Region 11
Pat Otto, R.N., TB Program Manager, Corpus Christi-Nuoces Co. Public Health District
Aaachment: 1
-78-
A RESOLUTION
AUTHORIZING THE DIR
COUNTY PUBLIC HEA
CORPUS CHRISTI - NU
DESIGNEE TO SUB!
DEPARTMENT OF HEAl.
CONTRACT TO FUNr
TUBERCULOSIS IN NU!
ECTOR OF THE CORPUS CHRISTI - NUECES
.TH DISTRICT OR THE DIRECTOR OF THE
ECES COUNTY PUBLIC HEALTH DISTRICT'S
liT AN APPLICATION TO THE TEXAS
TH FOR A ONE-YEAR, $149,797 RENEWABLE
~ THE ELIMINATION AND CONTROL OF
!CES COUNTY.
BE IT RESOLVED BY THE cITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The Director of the Corpus Christi - Nueces County Public Health District
or the Director of the Corpus Ch~risti- Nueces County Public Health District's designee
is authorized to apply to the Texas Department of Health for a one-year $149,797
renewab e contract to fund the elimination and control of tuberculosis in Nueces
County.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: ~---day of
E~za~Y~ R. Hunc~ley I -
Assidta'nt City Attorney t-x'
for the City Attorney
Samuel L. Neal, Jr.
Mayor
July, 2003.
H \LEG-OJRlelizabeth~Dept Files~EH Resolu[ions\EHres 135wpd
-79-
11
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 8, 2003
AGENDA ITEM:
Amending Sections 55-140 through 55-148 of the Code of Ordinances, City of
Corpus Christi, Regarding Commercial and Industrial Waste Disposal and
Pretreatment.
ISSUE:
The Commercial and Industrial Waste Disposal and Pretreatment Ordinance
incorporated technically based local limits (TBLLs) for pollutants that must be
periodically updated.
REQUIRED COUNCIL ACTION:
Revise Ordinance Sections 55-140 through 55-148 to incorporate revised TBLLs
(55-141 (d)) and minor revisions throughout the Sections.
PREVIOUS COUNCIL ACTION:
TBLLs were last revised with the June 1, 1993, adoption the current Ordinance.
FUNDING:
The revisions requested will not affect current funding levels or require additional
funding.
CONCLUSION AND RECOMMENDATION:
Staff recommends revising the current ordinance as presented.
Foster Crow~ll ~
Director of Wastewater Department
-83-
BAC
The City, in accordance with ti
Elimination System (TPDES) pE
Quality (TCEQ), is required to r(
KGROUNDINFORMATION
~e requirements of the City's Texas Pollutant Discharge
rmits issued by the Texas Commission on Environmental
,view and update Technically Based Local Limits (TBLLs).
TBLLs are numeric limits that apply to discharges to the sanitary sewer that may upset
treatment processes or pass through to the environment. All six wastewater treatment
plants, twelve commercial lift stations, and twelve domestic lift stations were monitored for
pollutants. These pollutants of cloncern and other pollutants required by TCEQ were further
developed into TBLLs. Govind E. C., Inc. was contracted by the City to perform the
evaluation and calculations. The TBLLs package was then submitted to the TCEQ for
review.
The TCEQ has reviewed the TBLLs package and determined it to be complete and
acceptable. Once the City Council has approved and adopted the Ordinance, the City will
submit a request for approval of a substantial permit modification. The request will open
the TPDES permits for further public participation. After the public participation process
and incorporation into the TPDES permits, TBLLs become federal, state, and local law.
-84-
AN ORDINANCE
AMENDING ARTICLE XI. COMMERCIAL AND INDUSTRIAL, CHAPTER
55, UTILITIES, OF THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, REGARDING DISPOSAL AND PRETREATMENT OF
COMMERCIAL AND INDUSTRIAL WASTE; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 55-140(b) of the Code of Ordinances is revised to read as follows:
"Sec. 55-140. General Provisions.
"(b) Administration. Except as otherwise provided herein, the cupcdntcndcnt Director
shall administer, implement and enforce the provisions of this article. Any powers
granted to or duties imposed upon the supcdntcndcnt Director may be delegated by the
super-ic~mdeRt-Director to other city personnel."
SECTION 2. Section 55-140(c) of the Code of Ordinances is amended by deleting the
definitions of "storm sewer or storm water system," "superintendent or wastewater
superintendent;" by revising the definitions of "approval authority," "authorized
representative of the industrial user," "corrosive waste," "new source," "normal sewage,"
and "publicly owned treatment works;" and by adding definitions of "Director or Director
of Wastewater Operations," "industrial user or user," and "Texas Commission on
Environmental Quality" to read as follows:
"Sec. 55-140. General Provisions.
"(c) Definitions. Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this article, shall have the meanings hereinafter designated.
"Approval authority means regional administrator of the U.S. Environmental
Protection Agency, the Texas Water Commission upon delegation of federal
authority, or the Texas Natural Resource Conservation Commission upon
delegation of federal authority, or successor agency delegated such authority.the
Director in an NPDES ('National Pollution Discharqe Elimination System) State
with an approved State pretreatment program and the appropriate Regional
R33608B1 .doc
-85-
Administrator in a non-NDES State or NPDES State without an approved Statn
pretreatment pro.qram
"Authorized representat,
"(1) If the indus'
mean:
"a. The
corporatio~
person wh
the corpor;
ve of the industrial user means:
al user is a corporation, authorized representative shall
,~sident, secretary, treasurer, or a vice-president of the
in charge of a principal business function, or any other
performs similar policy or decision-making functions for
~tion or
"b. The m )nager of one (1) or more manufacturing, production, or
operation acilities;
"(2) If the industri ti user is a partnership, or sole proprietorship, an
authorized repre., entative shall mean a general partner, managing partner,
or proprietor, res .ectively;
"(3) If the industri: ti user is a federal, state or local governmental facility,
an authorized rep resentative shall mean a director or highest official
appointed or desi inated to oversee the operation and performance of the
activities of the g( ,vernment facility.
"(4) The individuals described in subdivisions ............ !~.0(c)(5)a.
through c. abeve- )f this definition may designate another authorized
representative if t 3e authorization is in writing, the authorization specifies
the individual or position responsible for the overall operation of the facility
from which the discharge originates or having overall responsibility for
environmental matters for the company, and the written authorization is
submitted to the, ........... ~ ..... ;"*~"'~"* Director of Wastewater
Operations·
"Corrosive waste means any character of waste, whether liquid, gaseous or solid,
which can cause actual ~hysical damage or destruction to any public storm drain
or sanitary sewer the P~)TVV or which prevents or materially retards treatment of
sewage in the sewage t~eatment plant.
"Director or Director of Wastewater Operations means the person desi,qnated by
the City Manager to supervise the operation of the POTVV, and who is charped
R33608B1.doc
-86-
3
with certain duties and responsibilities by this article, and includes the Director's
authorized representative.
"Industrial user or user means a source of an "indirect discharge," as defined by
40 CFR 403.3(h).
"New source means:
"(1) Any building, structure, facility or installation from which there is or
may be a discharge of pollutants, the construction of which commenced
after the publication of proposed pretreatment standards under Section
307(c) of the Act which will be applicable to such source if such standards
are thereafter promulgated in accordance with that section, provided that:
"a. The building, structure, facility or installation is constructed at a
site at which no other source is located; or
"b. The building, structure, facility or installation totally replaces the
process or production equipment that causes the discharge of
pollutants at an existing source; or
"c. The production or wastewater generating processes ofthe
building, structure, facility or installation are substantially
independent of an existing source at the same site. In determining
whether these are substantially independent, factors such as the
extent to which the new facility is integrated with the existing plant,
and the extent to which the new facility is engaged in the same
general type of activity as the existing source, should be
considered.
"(2) Construction on a site at which an existing source is located results in
a modification rather than a new source if the construction does not create
a new building, structure, facility or installation meeting the criteria of
........... ~v/ .... or (5)&3. subdivision (1) of this definition directly above
but otherwise alters, replaces, or adds to existing process or production
equipment.
"(3) Construction of a new source as defined under this paragraph has
commenced if the owner or operator has:
"a. Begun, or caused to begin as part of a continuous on site
construction program
R33608B1 .doc
-87-
4
"1. Any placement, assembly, or installation of facilities or
equipment, or
exc~
facil
inst~
"b. Entere,
facilities or
operation
contracts
loss, and
do not coy
~ignificant site preparation work including clearing,
~vation, or removal of existing buildings, structures, or
ties which is necessary for the placement, assembly, or
~llation of new source facilities or equipment, or
I into a binding contractual obligation for the purchase of
equipment which are intended to be used in its
dthin a reasonable time. Options to purchase or
hich can be terminated or modified without substantial
~ntracts for feasibility, engineering, and design studies
;titute a contractual obligation under this paragraph.
"Normal sewage means
average of not more tha~
gallons (two hundred fifb
thousand eighty-five (2,~
mg/I) of biochemical oxy!
hundred eighty-seven (4
(562) mR/I) of chemical ¢
a sanitary sewer under
sewage, which when analyzed, shows by weight, a daily
~ two thousand eighty-five (2,085) pounds per million
' (250) mg/I) of suspended solids~ and not more than two
95) pounds per million gallons (two hundred fifty (250)
len demand and not more than four thousand six
687) pounds per million qallons (five hundred sixty-two
xy.qen demand, and which is otherwise acceptable into
~e terms of this article.
"Publicly owned treatment works e~g.T]A~means a "treatment works" as defined
by Section 212 of the Act (33 U.S.C. 1292), which is owned by the state or
municipality. This definitibn includes any devices or systems used in the
collection, storage, treatment, recycling and reclamation of sewage or industrial
wastes and any conveyances which convey wastewater to a treatment plant. The
term also means the municipal entity having jurisdiction over the industrial users
and responsibility for the~ operation and maintenance of the treatment works.
R33608B1.doc
-88-
5
"Texas Commission on ~nvironmental Quality means the Texas Commission on
Environmental Quality, qr an authorized representative of the Commission."
SECTION 3. Section 55-140(c) of the Code of Ordinances is designating the
abbreviations as a new subsection (d) of Section 55-140.
"Sec. 55-140. General Provisions.
"(c) Definitions. Unless a provision explicitly states otherwise, the following terms and
phrases, as used in this article, shall have the meanings hereinafter designated.
"(d) Abbreviations. The following abbreviations shall have the designated meanings:"
SECTION 4. Section 55-140(d) of the Code of Ordinances is amended by deleting the
abbreviation for "TWC" and adding the abbreviation "POTW" and "TCEQ" to read as
follows:
"Sec. 55-140, General Provisions.
"(d) Abbreviations. The following abbreviations shall have the designated meanings:
"POTW - publicly owneql treatment works
"TCEQ -- Texas Commission on Environmental Quality"
SECTION 5. Section 55-141(a) of the Code of Ordinances is amended by revising
paragraphs (12), (13), (15), and (19) to read as follows:
"Sec. 55-141. General sewer use requirements.
"(a) Prohibited Discharge Standards. * * *
R33608B1.doc
-89-
6
"(12) Any wastewater cqntaining any radioactive wastes or isotopes except as
specifically approved bylthe cupcr!.",t~,-,d~,-,t .Director in compliance with
applicable federal, state]or local regulations.
"(13) Stormwater, surfaqe water, ground water, artisan well water, roof runoff,
subsurface drainage, sv~imming pool drainage, condensate, deionized water,
noncontact cooling wate~r, and unpolluted industrial wastewater, unless
specifically authorized bI the su~Director.
"(15) Any medical waste{s, except as specifically authorized by the
~Director In a wastewater discharge permit.
"(19) Any wastewater wlhich has a reasonable potential for adversely affecting
the Po'rw's operation aS determined by the super-iPAeRde~Director."
SECTION 6. Section 55-141(d) of the Code of Ordinances is revised to read as follows:
"Sec. 55-141. General sewer use requirements.
"(d) Specific Local Pollutant Limitations.
"(1) The following pollutants limits are established to protect against pass through
and interference. No person shall discharge wastewater containing in excess of
the following maximum allowable discharge limits.
"0.634 mg/I-- arsenic
"0.018 mg/I -- cadmium
"~?,52 2.980 mg/I -- chromium, total
"0.350 0,350 mg/ll -- copper
"0.3~d 0.130 mg/ll - cyanide
"0.511 mg/I -- lead
R33608B1 .doc
-90-
7
"9.053 O.000 mg/I - mercury
"1,100.00 m,q/I -- I~henols
"! .4ee 0.590 mg/I -- nickel
"0.072 0.050 mg/I -- silver
"1.476 mg/I--zinc
"(2) Concentrations apply at the point where the industrial waste is discharged to
the POTW. All concentrations for metallic substances are for "total" metal unless
indicated otherwise. For mercury, compliance will be measured at the minimum
analytical level (MAL) or 0.0002 milligrams/liter (rog/i). At his discretion, the
~Director may impose mass limitations in addition to or in place of
the concentration based limitations above."
SECTION 7. Section 55-142 of the Code of Ordinances is amended by revising
subsections (a), (b), (c), and (e) to read as follows:
"Sec. 55-142. Pretreatment ofwastewater.
"(a) Pretreatment facilities. Industrial users shall provide necessary wastewater
treatment as required to comply with this article and shall achieve compliance with all
categorical pretreatment standards, local limits and the prohibitions set out in section
55-141 (a) above within the time limitations specified by the EPA, the state, or the
~ Director, whichever is more stringent. Any facilities required to pretreat
wastewater to a level acceptable to the city shall be provided, operated, and maintained
at the industrial user's expense. Detailed plans showing the pretreatment facilities and
operating procedures shall be submitted to the city for review and shall be acceptable to
the city before construction of the facility. The review of such plans and operating
procedures will in no way relieve the industrial user from the responsibility of modifying
the facility as necessary to produce an acceptable discharge to the city under the
provisions of this article.
"(b) Additional Pretreatment Measures.
"(1) Whenever deemed necessary, the supcri,qtc,qdc,qt Director may require
industrial users to restrict their discharge during peak flow periods, designate that
certain wastewater be discharged only into specific sewers, relocate and/or
consolidate points of discharge, separate sewage wastestreams from industrial
wastestreams and such other conditions as may be necessary to protect the POTW
and determine the industrial user's compliance with the requirements of this article.
"(2) The~ Director, in his discretion, may require each person
discharging into the POTW greater than twenty-five thousand (25,000) gallons per
R33608Bl.doc
-91-
day or greater than five (5) per cent of the average daily flow in the POTVV, to install
and maintain, on his property and at his expense, a suitable storage and flow control
facility to insure equalization of flow, the design and regulation of which shall be
d~rected by the ~,. .......... ~, ,. Director. A wastewater discharge permit may be
issued solely for flow equalization.
"(3) (Grease, oil and sand inlerceptors shall be provided in comportment with article
VI, section 13-201 et seq., qf this Code, as such provision stands and may hereafter
be modified or amended. /
"(4) Industrial users with the
required to install and main
"(c) Accidental Discharge/Slug
any industrial user to develop a
At least once every two (2) yea
each significant industrial user
develop and implement an acci
which addresses, at a minimun
potential to discharge flammable substances may be
3in an approved combustible gas detection meter.
~ontrol Plans. The superintendent Director may require
nd implement an accidental discharge/slug control plan.
's the su~Director shall evaluate whether
leeds such a plan. Any industrial user required to
dental discharge/slug control plan shall submit a plan
the following:
"(1) Description of disch; Irge practices, including nonroutine batch discharges.
"(2) Description of stored chemicals.
"(3) Procedures for immediately notifying the POTW of any accidental or slug
discharge. Such notificalion must also be given for any discharge which would
violate any of the prohiblted discharges in section 55-141(a) of this article.
"a. Telephone Notices. At minimum, such plan shall require the user to
immediately telephone and notify the POTW of an accidental or slug
discharge. Such verbal notice shall include location of discharge, type of
waste concentration and volume, and corrective actions.
"b. Wdtten Report. Within five (5) days following an accidental discharge, the
user shall submit to the city a detailed written report describing the nature and
cause of the discharge and the measures to be taken by the user to prevent
similar future occurrences. Such notification shall not relieve the user of any
expenses, loss, damage, or other liability which may be incurred as a result of
damage to the POTW, fish kills, or any other damage to person or property;
nor shall such notification relieve the user of any fines, penalties, or other
liability which may be imposed by this article or other applicable law.
"c. Notice to Employees. As part of the accidental discharge protection plan,
the Director may reqgire a notice to sh3!! be permanently posted on the user's
bulletin board or other prominent place advising employees whom to call in
the event of a dangerous discharge. Employers shall ensure that all
employees who may cause or suffer such a dangerous discharge to occur are
advised of the emergency notification procedures.
R33608Bl.doc
-92-
9
"(4) If necessary, procedure~ P-reeedures-to prevent adverse impact from any
accidental or slug discharge. Such procedures include, but are not limited to,
inspection and maintenance of storage areas, handling and transfer of materials,
loading and unloading operations, control of plant site run-off, worker training,
building of containment structures or equipment, measures for containing toxic
organic pollutants (including solvents), and/or measures and equipment for
emergency response.
"(e) Hauled Wastewater. Septic tank waste may be accepted into the POTVV at a
designated receiving structure within the treatment plant area at such times as are
established by the-supermteRde~ Directo[, provided such waste disposal is made in
compliance with article XIII, section 55-160 et seq., of this Code, and does not violate
any provision of section 55-141 of this article or any other requirements of the city."
SECTION 8. Section 55-143 of the Code of Ordinances is revised to read as follows:
"Sec. $5-143. Wastewater discharge permit eligibility and issuance process.
"(a) Wastewater Survey. When requested by the super4Rter~=mt-Director all industrial
users must submit information on the nature and characteristics of their wastewater by
completing a wastewater survey prior to commencing their discharge. The
~pirector is authorized to prepare a form for this purpose and may
periodically require industrial users to update the survey. Failure to complete this survey
shall be reasonable grounds for terminating service to the industrial user and shall be
considered a violation of the article.
"(b) Requirement.
"(1) It shall be unlawful for any significant industrial user to discharge wastewater
into the city's POTW without first obtaining a wastewater discharge permit from
the supcri,-,tendcr, t Dire¢or. Any violation of the terms and conditions of a
wastewater discharge permit shall be deemed a violation of this article and
subjects the wastewater discharge permittee to the sanctions set out in section
55-146. Obtaining a wastewater discharge permit does not relieve a permittee of
its obligation to comply with all federal and state pretreatment standards or
requirements or with any other requirements of federal, state and local law.
"(2) The su~Director may require other industrial users, including
liquid waste haulers, to obtain wastewater discharge permits as necessary to
carry out the purposes of this article.
R33608B1 .doc
-93-
10
"(d) New Connections. Any sig
recommence discharging indus
discharge permit prior to the be
application for this wastewater ~
prior to the date upon which an~
"(e-)-(d) Application Contents.
~ificant industrial user proposing to begin or
:rial wastes into the POTW must obtain a wastewater
;]inning or recommencing of such discharge. An
lischarge permit must be filed at least ninety (90) days
discharge will begin.
"(1) In order to be consic~ered for a wastewater discharge permit, all industrial
users required to have ~wastewater discharge permit must submit the
information required by Section 55-144(a)(2) of this article. The ~
Director shall approve a [form to be used as a permit application.
"(2) In addition, the following information may be requested:
"(1) a. Descriptiop of activities, facilities, and plant processes on the
premises, including a list of all raw materials and chemicals used or stored
at the facility whic~h are, or could accidentally or intentionally be,
discharged to the POTW.
"(2) b. Number and type of employees, hours of operation, and proposed
or actual hours of operation of the pretreatment facility.
"(3) c. Each product produced by type, amount, process or processes,
and rate of production.
,,/A~./d. Type and amount of raw materials processed (average and
maximum per daY).
"(5) e. The site pans, floor plans, mechanical and plumbing plans, and
deta s to show a sewers, floor dra ns, and appurtenances by size,
location, and elevation, and all points of discharge.
"(6) f.__Time and duration of the discharge.
"(7) ,cl. Any other:information as may be deemed necessary by the
su~Dlrector to evaluate the wastewater discharge permit
application.
"(3) Incomplete or inaccurate applications will not be processed and will be
returned to the industrial user for revision.
R33608B1.doc
-94-
11
"(-f)-(e) Application Signatories and Certification. All wastewater discharge permit
applications and industrial user reports must contain the following certification statement
and be signed by an authorized representative of the industrial user.
.... I certify under penalty of law that this document and all attachments
were prepared under my direction or supervision in accordance with a
system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage th~ system, or those persons directly responsible for
gathering the information1, the information submitted is to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
"(g) (t') Decisions. The ~Director will evaluate the data furnished by the
industrial user and may require additional information. Within ninety (90) days of receipt
of a complete wastewater discharge permit application, the cupcr!ntend~nt Director will
determine whether or not to issue a wastewater discharge permit. If no determination is
made within this time period, the application will be deemed denied, unless the
suffer4R~gRdent-Director notifies the applicant that the time frame for decision has been
extended due to need for additional evaluation time. The cu~cri,qtcndcnt Director may
deny any application for a wastewater discharge permit.
"(h) (.q) Duration. Wastewater discharge permits shall be issued for a specified time
period, not to exceed five (5) years. A wastewater discharge permit may be issued for a
period less than five (5) years, at the discretion of thc cupcr!.qtend~nt Director. Each
wastewater discharge permit ~11 indicate a specific date upon which it will expire.
"(~-(h) Contents. Wastewater discharge permits shall include such conditions as are
reasonably deemed necessary by the supcr!ntcndcnt Director to prevent pass through
or interference, protect the quality of the water body receiving the treatment plant's
effluent, protect worker health and safety, facilitate sludge management and disposal,
protect ambient air quality, and protect against damage to the POTW.
"(1) Wastewater discharge permits must contain the following conditions:
"a. A statement that indicates wastewater discharge permit duration,
which in no event shall exceed five (5) years.
"b. A statement that the wastewater discharge permit is nontransferable
without prior notification to and approval from the city, and provisions for
furnishing the new owner or operator with a copy of the existing
wastewater discharge permit.
"c. Effluent limits applicable to the user based on applicable standards
in federal, state, and local law.
R33608B1.doc
-95-
12
"d. Self monitoring, sampling, reporting, notification, and record keeping
requirements, all expenses for such requirements to be paid by
permittee. Thes~e requirements shall include an identification of
pollutants to be !monitored, sampling location, sampling frequency, and
sample type ba~ed on federal, state, and local law.
"e. Statement (~f applicable civil, criminal, and administrative penalties
for violation of I~retreatment standards and requirements, and any
applicable compliance schedule. Such schedule may not extend the time
for compliancebeyond that required by applicable federal, state, or local
law.
% Permittee agrees to indemnify and pay the city for the following costs
incurred by the {;ity in the event of a user's permit violation
"1. Attorney's fees;
"2. Costs for any and all laboratory and investigation expenses;
"3. Penalties and fines incurred by the city to the federal and state
governments arising from violation of any of the city's discharge
permits as a result of permittee's violation(s).
"g. Requirement permittee immediately notify the POTW in the event of
a failure of pretreatment facility or pretreatment equipment.
"(2) Wastewater discharge permits may contain, but need not be limited to, the
following:
"a. Limits on the average and/or maximum rate of discharge, time of
discharge, and/Or requirements for flow regulation and equalization.
"b. Limits on the instantaneous, daily and monthly average and/or
maximum concentration, mass, or other measure of identified
wastewater pollutants or properties.
"c. Requirements for the installation of pretreatment technology,
pollution control, or construction of appropriate containment devices,
designed to reduce, eliminate, or prevent the introduction of pollutants
into the treatment works.
"d. Development and implementation of spill control plans or other
special conditions including management practices necessary to
adequately prevent accidental, unanticipated, or routine discharges.
"e. Development and implementation of waste minimization plans to
reduce the amount of pollutants discharged to the POTW.
R33608B1.doc
-96-
13
"f. The unit charge or schedule of industrial user charges and fees for
the management of the wastewater discharged to the POTW.
"g. Requirements for installation and maintenance of inspection and
sampling facilities and equipment.
"h..A statement that compliance with the wastewater discharge permit
does not relieve the permittee of responsibility for compliance with all
applicable federal and state pretreatment standards, including those
which become e~d:ective during the term of the wastewater discharge
permit.
"i. Other conditions as deemed appropriate by the ......
Director to ensure compliance with this article, and state and federal
laws, rules, and regulations.
"6)-(i~Appeals. Any person, including the industrial user, may petition the city manager
to reconsider the terms of a wastewater discharge permit within fifteen (15) days of its
issuance.
"(1) Failure to submit a timely petition for review shall be deemed to be a waiver
of the administrative appeal.
"(2) In its petition, the appealing party must indicate the wastewater discharge
permit provisions objected to, the reasons for this objection, and the alternative
condition, if any, it seeks to place in the wastewater discharge permit.
"(3) The effectiveness of the wastewater discharge permit shall not be stayed
pending the appeal.
"(4) If the city manager fails to act within thirty (30) days, a request for
reconsideration shall be deemed to be denied. Decisions not to reconsider a
wastewater discharge permit, not to issue a wastewater discharge permit, or not
to modify a wastewater discharge permit, shall be considered final action for
purposes of council review.
"(5) Aggrieved parties may appeal to the city council, which appeal shall be
perfected by filing a sworn notice of appeal with the city secretary within fifteen
(15) days from the city manager's final decision or deemed denial.
"(k) ~j)_Modification.
"(1) The super4Rter~,Director may modify the wastewater discharge permit for
good cause including, but not limited to, the following:
"(1) a_~_To incorporate any new or revised federal, state, or local
pretreatment standards or requirements.
R33608B1.doc
-97-
14
"(2) b. To address significant alterations or additions to the industrial
user's operation,processes, or wastewater volume or character since the
time of wastewater discharge permit issuance.
"(3) c. A change
requires either a
authorized disch8
"(d) d. Informatio
to the city's PO'IV
"(&)-e. Violation ¢
permit, or violatio~
"(6) f. MisrepresE
wastewater disch
n the PO-I-VV or in treatment demands of the PO'I-VV that
9mporary or permanent reduction or elimination of the
rge.
indicating that the permitted discharge poses a threat
city personnel, or the receiving waters.
f any terms or conditions of the wastewater discharge
of city ordinance pertaining to waste treatment.
ntations or failure to fully disclose all relevant facts in the
~rge permit application or in any required reporting.
"(7) ,q. Revision of or a grant of variance from categorical pretreatment
standards pursuant to 40 CFR 403.13.
"(8) h. To correc~ typographical or other errors in the wastewater
discharge permit.
"(-8)-i. To reflect ~ transfer of the facility ownership and/or operation to a
new"~'wner/ope rator.
"(10) i. User's discharge has caused the PO-FVV to violate federal or state
permit requirements.
"(2) The filing of a request by the permittee for a wastewater discharge permit
modification does not stay any wastewater discharge permit condition.
"/~i-)-(k) Transfer.
"(1) Wastewater discharge permits may be reassigned or transferred to a new
owner and/or operator only if the permittee gives at least thirty (30) days advance
notice to the ~Director and the su~Director approves
the wastewater discharge permit transfer. The notice to the cupcrl,qte,",dc,",t
Director must include a Written certification by the new owner and/or operator
which:
"(1) a. States that the new owner and/or operator has no immediate intent
to change the facility's operations and processes.
"(2) b. Identifies the specific date on which the transfer is to occur.
"(3) c. Acknowledges full responsibility for complying with the existing
wastewater discharge permit and assuming the liabilities thereof, including
R33608B1,doc
-98-
15
joint and several responsibility with the former permittee for pending or
unresolved notices of permit and ordinance violations.
"(2) Unresolved allegations of permit and ordinance violations and/or unpaid
indemnity obligations, fines, or penalties owed by the permittee shall be grounds
for the ~Director's denial of permit transfer. The supermtende~
Director, in his discretion, may deny transfer of a permit when such grounds are
present.
"(3) Failure to provide advance notice of a transfer renders the wastewater
discharge permit voidable on the date of facility transfer.
(I) Revocation.
"(1) Wastewater discharge permits may be revoked for the following reasons:
"(1) a. Failure to notify the city of significant changes to the wastewater
prior to the changed discharge.
"(2) b. Failure to provide prior notification to the city of changed condition
pursuant to sectio~ 55-144(e).
"(3) c. Misrepresentation or failure to fully disclose all relevant facts in the
wastewater discharge permit application.
"(,1) d~. Falsifying self-monitoring reports, or withholding of information
material to such reports.
"(5) e__~_. Tampering with monitoring equipment.
,,fro LRefusing to allow the city timely access to the facility premises and
records.
"(7) .q. Failure to meet effluent limitations.
"(8) h_~_. Failure to pay fines, penalties, or indemnification obligations.
"(9-)-i. Failure to pay sewer charges.
~, ~/~_Fallure to meet compliance schedules,
"/4 4~ k. Failure to complete a wastewater survey or the wastewater
discharge permit application.
"/4'~ !. Failure to provide advance notice of the transfer of a permitted
facility.
"(13) m. Violation of any pretreatment standard or requirement, or any
terms of the wastewater discharge permit or the article.
R33608B1.doc
-99-
16
"/~,.,,~ n. Failure to notify the POTW of a failure in pretreatment facility or
equipment.
"(2) Wastewater discharge permits shall be voidable upon nonuse, cessation of
operations, or transfer o~business ownership. All wastewater discharge perm ts
are void upon the issuance of a new wastewater discharge permit.
"(n) (m) Reissuance. A significant industrial user shall apply for wastewater discharge
permit reissuance by submittin~l a complete wastewater discharge permit application in
accordance with se?ion 55-14;~(e) a minimum of sixty (60) days prior to the expiration
of the industrial user s existing ~vastewater discharge permit.
"(n) Re.qulation of Wastes Rec~
"(1) If another jurisdictior
wastewater to the POT~
agreement with the conb
ived from Other Jurisdictions
, or user located within another jurisdiction, contributes
The Director shall enter into an inter local cooperative
ibutinq jurisdiction.
"(2) Prior to enterin.q into1 an agreement required aboveI the Director shall request
the followinq information from the contributinq iurisdiction
"a. A descriptio~ of the quality and volume of wastewater discharqed to
the POTW by thee contributin.q jurisdiction;
"b. An inventowof all users located within the contributin.q jurisdiction
that are dischar,~in.q to the City of Corpus Christi POTW; and
"c. Such other iRformation as the Director may deem necessary."
SECTION 9. Section 55-144 of the Code of Ordinances is amended by revising
subsections (a)(2)e.3., (a)(2)h., (b), (d), (e), (0(2), (0(4), (g), (j), (k)(1), (I), and (n) to
read as follows:
"Sec. 55-144. Reporting requirements.
"(a) Baseline Monitoring Reports.
"(2) The industrial user S~hall submit the information required by this section
including:
"e. Measurement of pollutants.
R33608Bl.doc
-100-
17
"3. Sampling must be performed in accordance with procedures
set out in section 55-144~(k).
"h. Baseline mon~odng reports. All baseline monitoring reports must be
signed and certified in accordance with section 55-143(f)(e).
"(b) Compliance Schedule Progress Report. The following conditions shall apply to the
schedule required by section 55-144(a)(2)g. The schedule shall contain progress
increments in the form of dates for the commencement and completion of major events
leading to the construction and operation of additional pretreatment required for the user
to meet the applicable pretreatment standards (such events include hiring an engineer,
completing preliminary and final plans, executing contracts for major components,
commencing and completing construction, beginning and conducting routine operation).
The time frame for progress increments shall not exceed nine (9) months between
increments. Preapproval of the superintcndcnt .Director must be secured for the
increment performance schedule. The industrial user shall thereafter submit a progress
report to the s~Director no later than fourteen (14) days following each
date in the schedule and the final date of compliance including, as a minimum, whether
or not it complied with the increment of progress as preapproval by the supcrintcndcnt
Director, the reason for any delay, and, if appropriate, the steps being taken by the
industrial user to return to the established schedule. In no event shall more than nine (9)
months elapse between such progress reports to the~a~n~-~ Director.
"(d) Periodic Compliance Reports for AII Significant Users.
"(1) Any significant industrial user subject to a pretreatment standard shall, at a
frequency determined by the s~Director but in no case less than
twice per year (in June and December), submit a report indicating the nature and
concentration of pollutants in the discharge which are limited by such
pretreatment standards and the measured or estimated average and maximum
daily flows for the reporting period. All periodic compliance reports must be
signed and certified in accordance with section 55-143(f) e~.
"(e) Report of Changed Conditions. Each industrial user is required to notify the
s~Director of any planned significant changes to the industrial user's
operations or system which might alter the nature, quality or volume of its wastewater at
least thirty (30) days before the change.
"(1) The s~.Director may require the industrial user to submit such
information as may be deemed necessary to evaluate the changed condition,
including the submission of a wastewater discharge permit application under
section 55-143(e).
R33608B1 .doc
-101-
18
"(2) The su~Director may issue a wastewater discharge permit under
section 55-143(g-) or modify an existing wastewater discharge permit under
section 55-143(-I-)2.
"3 O' ' ' ' ''
( ) N industrial user sl~all ~mplement the planned changed condition(s) until and
unless the su~Director.has responded to the industrial user's notice.
"(4) For purposes of this requirement, flow increases of ten (10) per cent or
greater and the discharge of any previously unreported pollutants sh=l! may be
deemed significant. I
"(f) Reports of Potential Problerins.
"(2) Within five (5) days 1
waived by the cupcr!ntc:
the cause(s) of the disch
to prevent similar future.
industrial user of any ex[
ollowing such discharge, the industrial user shall, unless
dent Director, submit a detailed written report describing
arge and the measures to be taken by the industrial user
)ccurrences. Such notification shall not relieve the
,ense, loss, damage, or other liability which may be
incurred as a result of d~ mage to the POTW, natural resources, or any other
damage to person or pr(~perty; nor shall such notification relieve the industrial
user of any fines, civil p~nalties, or other liability which may be imposed by this
article.
"(4) The Director may reguire a A-notice sh~!! to be permanently posted on the
industrial user's bulletin board or other promin~nnt place advising employees
whom to call in the event of a discharge described in section 55-144(0(1), above.
Employers shall ensure that all employees, who may cause or suffer such a
discharge to occur, are advised of the emergency notification procedure.
"(g) Reports from Nonsignificant Industrfal Users. All industrial users not subject to
categorical pretreatment standards and not required to obtain a wastewater discharge
permit shall provide appropriate reports to the city as the supcrintendcnt Director may
require.
"(j) Analytical Requirements. All pollutant analyses, including sampling techniques, to
be submitted as part of a wastewater discharge permit application or report shall be
performed in accordance with the techniques prescribed in 40 CFR Part 136 and
amendments to that part, unless otherwise specified in an applicable categorical
pretreatment standard. If 40 CFR Part 136 and amendments to that part dccc. do not
R33608Bl.doc
-102-
19
contain sampling or analytical techniques for the pollutant in question, sampling and
analyses must be performed in accordance with procedures approved by the EPA.
"(k) Sample Collection.
"(1) Except as indicated in section 55-144(k)(2), below, the industrial user must
collect wastewater samples using flow proportional composite collection
techniques at the specified or permitted discharge point. In the event flow
proportional sampling is infeasible, the superiatc=w~Director may authorize the
use of time proportional Sampling or through a minimum of four (4) grab samples
where the user demonstrates that this will provide a representative sample of the
effluent being discharged. In addition, grab samples may be required to show
compliance with instantaneous discharge limits.
"(I) Determination of Noncompliance. The sulger4RteP~eRt-Director may use a grab
sample(s) to determine noncompliance with pretreatment standards.
"(n) Record Keeping. Industrial users shall retain, and make available for inspection
and copying, all records and information required by this article for a period of at least
three (3) years. This period shall be automatically extended for the duration of any
litigation concerning compliance with this article, or where the industrial user has been
specifically notified of a longer retention period by the supcdntcndcnt Director."
SECTION 10. Section 55-145 of the Code of Ordinances is amended by revising
subsections (a), (b), and (c) to read as follows:
"Sec. 55-145. Compliance monitoring.
"(a) Inspection and Sampling. Authorized representatives of the City, State, and
Federal qovernments The c!t:,' Sh3!! have the right to enter the facilities of any industrial
user during hours of plant operation or during times in which discharge is made to the
POTVV's collection system to ascertain whether the purpose of this article, and any
permit or order issued hereunder is being met and whether the industrial user is
complying with all requirements thereof. Minimally, the city shall inspect on an annual
basis the premises of each significant industrial user and shall take at least one (1)
sample from each significant industrial user each year. Industrial users shall allow the
su~Director or hic ~he Director's representatives ready access to all pads of
the premises for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
"(1) Where an industrial user has security measures in force which require proper
identification and clearance before entry into its premises, the industrial user
shall make necessary arrangements with its security guards so that, upon
presentation of suitable identification, personnel from the city, state, and federal
R33608Bl.doc
-103-
2O
agencies will be permitted to enter without delay, for the purposes of performing
their specific responsibilities.
"(2) The city, state, and [ederal agencies shall have the right to set up on the
industrial user's property, or require installation of, such devices as are
necessary to conduct sampling and/or metering of the user's operations.
"(3) The city may require the industrial user to install monitoring equipment as
necessary. The facility'slsampling and monitoring equipment shall be maintained
at all times in a safe anc~ proper operating condition by the industrial user at its
own expense. All devices used to measure wastewater flow and quality shall be
calibrated (at the user's ~xpense) as deemed necessary by the superintendent
Director to ensure their accuracy.
"(4) Any temporary or permanent obstruction to safe and easy access to the
industrial facility to be inC, pected and/or sampled shall be promptly removed by
the industrial user at thel written or verbal request of the cupcrlnt:,-,dcnt Director
and shall not be replaced. The costs of clearing such access shall be born by the
industrial user.
"(5) Unreasonable delays in allowing city personnel access to the industrial
user's premises shall be a violation of this article.
"(6) Hours of operation of the plant and times during which the plant is making
discharge to the POTW'S collection system shall be deemed reasonable hours
for entry of city inspectors for the purposes of this s. ection.
"(b) Search Warrants. Pumuc.qt to Under Article 18.05, Texas Code of Criminal
Procedure, if the ~Director has been refused access to a building,
structure or property or any part thereof, and if the ~Director has
demonstrated (1) probable cause to believe that there may be a violation of this article
and (2) that there is a need to inspect as part of a routine inspection program of the city
designed to verify compliance With this article, or any permit or order issued under this
article, to protect the overall public health safety and welfare of the community, then
upon application by the city attorney, through the code enforcement official, the
municipal court judge of the city shall issue a search and/or seizure warrant describing
therein the specific location subject to the warrant. The warrant shall specify what, if
anything, may be searched and/or seized on the property described. Such warrant shall
be served at reasonable hours iby the cupcrlntcnd~nt Director in the company of a
uniformed police officer of the city. Hours during the user's plant operation or during
user's discharge to the POTW'S collection system shall be presumed reasonable hours
of access. In the event of an emergency affecting public health and safety, inspections
shall be made without the issuance of a warrant.
"(c) Confidential Information. Information and data on an industrial user obtained from
reports, surveys, wastewater discharge permit applications, wastewater discharge
permits, and monitoring programs, and from city inspection and sampling activities, shall
R33608B1.doc
-104-
21
be available to the public without restriction, unless the industrial user specifically
requests, and is able to demonstrate to the satisfaction of the s~Director
that the release of such information would divulge information, processes or methods of
production entitled to protection as trade secrets under applicable state law. When
requested and demonstrated by the industrial user furnishing a report that such
information should be held confidential, the portions of a report which might disclose
trade secrets or secret processes shall not be made available for inspection by the
public, but shall be made available immediately upon request to governmental agencies
for uses related to the NPDES program or pretreatment program, and in enforcement
proceedings involving the person furnishing the report. Any request for confidentiality
must be clearly asserted in writing at the time the report is submitted. Wastewater
constituents and characteristics and other "effluent data" as defined by 40 CFR 2.302
will not be recognized as confidential information and will be available to the public
without restriction."
SECTION 11. Section 55-146 of the Code of Ordinances is amended by rewsing
subsections (a), (b), (c), (d), (e), (f), (g), fi), and (k) to read as follows:
Sec. 55-146. Enforcement.
"(a) Notification of Violation; Administrative Remedies. Whenever the sutger4RteRde~
Director finds that any user has violated or is violating this article, a wastewater
discharge permit or directive issued hereunder, or any other pretreatment requirement,
the cuped.",tc,",dc,",t Director or his agent may serve upon said user a written notice of
violation and direction for remedial action plan. Within thirty (30) days of the receipt of
this notice, an explanation of the violation and a plan for the satisfactory correction and
prevention thereof, to include specific required actions, shall be submitted by the user to
the-seper~de~ Director. The supcri,",tc,qdcnt Director may prescribe in the notice of
violation and direction for remedial action plan, the minimal compliance actions and
responses required of the violator. Submission of this plan in no way relieves the user of
liability for any violations occurring before or after receipt of the notice of violation and
directive for remedial action plan. Nothing in this section shall limit the authority of the
city to take any action, including emergency actions or any other enforcement action,
without first issuing a notice of violation and directive for remedial action plan.
"(b) Meeting Prior to Enforcement Action; SuF. c?,~!cndc2!b Director's Discretion. The
ccaperqe, teR~-Director, at his the Director's discretion, may direct any user which
causes or contributes to violation(s) of this article, wastewater discharge permits, or
directives issued hereunder, or any other pretreatment standard or requirement, to
appear before the ~Director to show why a proposed enforcement action
should not be taken. Notice shall be served on the user specifying the time and place
for the meeting, the proposed enforcement action, the reasons for such action, and a
request that the user show why this proposed enforcement action should not be taken.
The notice of the meeting shall be served personally or by registered or certified mail
(return receipt requested) at least ten (10) days prior to the meeting. Such notice may
R33608B1 .doc
-105-
22
be served on any authorized representative of the user. Whether or not the user
appears as directed, immediatei enforcement action may be pursued following the
hearing date. Such meeting shall not be a required prerequisite for taking any other
action against the user.
"(c) Discontinuances of Sewer ~
finds that a user has violated or
permit or fails to timely respond
hereunder, or any other pretrea
to the user responsible for the d
within twenty-four (24) hours. If
twenty-four (24) hours, sewer st
~Director's discre
requirements to address the no~
management practices designe
nd Water Service. When the ~Director
continues to violate the article, wastewater discharge
to a directive for a remedial action plan issued
ment standard or requirement, he may issue a directive
ischarge directing that the user come into compliance
~.he user does not come into compliance within
~rvice and water service may be discontinued at the
lion. Compliance directives may also contain other
~compliance, including additional self-monitoring, and
to minimize the amount of pollutants discharged to the
sewer. A compliance directive may not extend the deadline for compliance established
for a federal or state pretreatm~nt standard or requirement, nor does a compliance
directive release the user of lial~ility for any violation, including any continuing violation.
Issuance of a compliance direclive shall not be a required prerequisite to taking any
other action against the user.
"(d) Emergency Suspensions.
"(1) The ~~may immediately suspend a user's discharge
(after informal notice to the user) whenever such suspension is necessary in
order to stop an actual or threatened discharge which reasonably appears to
present or cause an imminent or substantial endangerment to the health or
welfare of persons. The ~Director may also immediately suspend a
user's discharge (after n~tice and opportunity to respond) that threatens to
interfere with the operation of the POTW, or which presents or may present an
endangerment to the environment.
"(1) a. Any user notified of a suspension of its discharge shall immediately
stop or eliminate i~s contribution. In the event of a user's failure to
immediately comply voluntarily with the suspension order, the
up..,! ........... Di_~ctor may take such steps as deemed necessary,
including immediate severance of the sewer and water connections to
prevent or minimize damage to the POTW, its receiving stream, or
endangerment to any individuals. The cup. er!ntende.".t Director shall allow
the user to recommence its discharge when the user has demonstrated to
the satisfaction of the city that the period of endangerment has passed,
unless the termination proceedings set forth in section 55-146(e) are
initiated against ttle user.
"(2) b. A user that is responsible, in whole or in part, for any discharge
presenting imminent endangerment shall submit a detailed written
statement describing the causes of the harmful contribution and the
R33608B1.doc
-106-
23
measures taken to prevent any future occurrence to
Director, prior to ~he date of any pre-enforcement meeting or termination
meeting under section 55-146(b) or section 55-146(e) respectively.
"(2) Nothing in this section shall be interpreted as requiring a meeting or hearing
prior to any emergency suspension under this section.
"(e) Termination of Discharge.
"(1) In addition to those provisions in section 55-14~,...,~ of this article, any user
that violates the following conditions of this article, wastewater discharge permits,
or directives issued hereunder, is subject to discharge termination.
"(1) a. Violation of wastewater discharge permit conditions.
"(2) b. Failure to accurately report the wastewater constituents and
characteristics of its discharge.
"(3) c_=_Failure to report significant changes in operations or wastewater
volume, constituents and characteristics prior to discharge.
"(~-)-d. Refusal of reasonable access to the user's premises for the
purpose of inspection, monitoring or sampling. Reasonable access is
access requested by the city anytime during operation of the facility or at
anytime that discharge is taking place.
"/~ c. Violation of the pretreatment standards in section 55-141 of this
article.
"(2) Such user will be notified of the proposed termination of its discharge and be
offered an opportunity to show under section 55-146(b) of this article why the
proposed action should not be taken, subject to the ~Director's
authority to immediately suspend discharge under section 55-146(d).
"(f) Injunctive Relief; Judicial Remedies. Whenever a user has violated a pretreatment
standard or requirement or continues to violate the provisions of this article, wastewater
discharge permits or directives issued hereunder, or any other pretreatment
requirement, the cupefintcndcnt Director, through the city's attorney, may petition the
state court authorized under the Texas Local Government Code, Section 54.012, as
amended or succeeded by other statute, for the issuance of a temporary restraining
order, temporary or permanent injunction, as appropriate, which restrains or compels
the specific performance of the wastewater discharge permit, directives, or other
requirement imposed by this article on activities of the user. Such other action as
appropriate for legal and/or equitable relief may also be sought by the city. A petition for
injunctive relief need not be filed as a prerequisite to taking any other action against a
user.
R33608Bl.doc
-107-
24
"(g) Civil Penalties.
"(1) Any user which has
or wastewater discharge
requirement shall be lial:
state law, but not less th
day. In the case of a mo
penalties shall accrue fo
/iolated or continues to violate this article, any directive
permit hereunder, or any other pretreatment standard or
le to the city for a maximum civil penalty allowed under
~n one thousand dollars ($1,000.00) per violation per
ithly or other long-term average discharge limit,
' each day during the period of the violation.
"(2) The city may recove~r reasonable attorney's fees, court costs, and other
expenses associated wi~h enforcement activities, including sampling and
monitoring expenses, aqd the cost of any actual damages incurred by the city,
including but not limited lo recovery of fines and penalties incurred by the city
resulting from user violations prompting POTW permit violations.
"(3) To aid the court in determining the amount of civil liability, the cupcr!ntcndcnt
Director may request the court take into account all relevant circumstances,
including, but not limited! to, the extent of harm caused by the violation, the
magnitude and durationi any economic benefit gained through the user's
violation, corrective actions by the user, the compliance history of the user, and
any other factor as justice requires.
"(4) Filing a suit for civil penalties shall not be a prerequisite for taking any other
action against a user.
"~j) Performance Bonds; Supplemental Enforcement Action. The supcrintc,qdc,qt
Director may decline to reissue a wastewater discharge permit to any user which has
failed to comply with the provisions of this article, any directives, or a previous
wastewater discharge permit issued hereunder, unless such user first files a satisfactory
bond, payable to the city, in a sum not to exceed a value determined by the
superi~tc,",dcnt Director to be necessary to achieve consistent compliance. Such bond
must be made by a company licensed to do insurance business in the State of Texas
and possess at least an "A -" rating in the current A.M. Best Company listings.
"(k) Liability Insurance. The...~...,~' '""~;"*""'~"*,, ,.v. ,~, .. Director may decline to reissue a
wastewater discharge permit tO any user which has failed to comply with the provisions
of this article, any directive, or a previous wastewater discharge permit issued
hereunder, unless the user first submits proof that it has obtained financial assurances
sufficient to restore or repair damage to the POTW caused by its discharge."
SECTION 12. Section 55-147(c) of the Code of Ordinances is amended by revising
paragraph (3)b. and (4)b. to read as follows:
Sec. 55-147. Affirmative defenses to discharge violations of Federal categorical
pretreatment standards and local limits.
R33608Bl.doc
-108-
25
"(c) Bypass.
"(3) *
"(4) *
"b. An industrial user shall submit oral notice of an unanticipated bypass
that exceeds appllcable pretreatment standards to the POTW within
twenty-four (24) hours from the time it becomes aware of the bypass. A
written submission shall also be provided within five (5) days of the time
the industrial user becomes aware of the bypass. The written submission
shall contain a description of the bypass and its cause; the duration of the
bypass, including exact dates and times, and, if the bypass has not been
corrected, the anticipated time it is expected to continue; and steps taken
or planned to reduce, eliminate, and prevent reoccurrence of the bypass.
The ~Director may waive the written report on a
case-by-case basis if the oral report has been received within twenty-four
(24) hours.
"b. The ~Director may approve an anticipated bypass, after
considering its adverse effects, if the ~,. .............. D~rector determines
that it will meet the three (3) conditions listed in section 55-147(c)(4)a."
SECTION 13. Section 55-148(a) of the Code of Ordinances is revised to read as
follows:
"Sec. 55-148. FEES.
"(a) Abnormal Wastewater Surcharge.
"(1) Any user generating wastewater which exhibits none of the characteristics of
prohibited wastes as described in section 55-141(a), but which has an average
concentration of biochemical oxygen demand, has an average concentration of
chemical oxygen demand, or contains total suspended solids in excess of normal
wastewater (as defined in section 55-140(c)), may be required to pretreat to meet
the requirements of normal wastewater or such other more stringent parameters
as the city may determine as necessary and appropriate to the particular
treatment plant receiving such abnormal wastewater. Pretreated abnormal
wastewater may be accepted by a POTW if all the following requirements are
met:
"a. The wastes will not cause damage to the collection system.
R33608B1 .doc
-109-
"b. The wastes will not impair the treatment processes,
c. The user _~,.. .... ~._, .......... pays the apphcable surcharge over
and above published sewer rates, as provided herein; and
"d. The waste is iamenable to treatment such that when it leaves the
treatment plant tc be discharged, the waste does not exceed, or cause the
total discharge to exceed, the standards set by federal and state agencies
having jurisdictio~
"(2) Prior to imposition c a surcharge, the user shall be notified in writing that his
waste discharge.._wv. ........ *~-~'.,,v m=×',mum ~;'--;*o,,,,,,.~ !s in excess of normal wastewater
as established in this ar icle.
"(3) Surcharges will be ~djusted on billings for the month following submission of
new data but not more f 'equently than quarterly, unless authorized by the
eu~ Director
"(4) The volume of flowlused in computing abnormal wastewater surcharges shall
be based upon metere~ water consumption as shown in the records of meter
readings maintained bythe City of Corpus Christi Utilities Department. In the
event that a person disdharging waste into the potw produces evidence to the
city demonstrating that ~1 portion of the total amount of water used for all
purposes does not reach the POTW, a separate meter or meters or other
approved flow measuring device may be installed at the user's expense, upon his
request, to measure only that portion of the total flow being discharged into the
POTVV. Upon request by the user, credit may be allowed by the city for
evaporation, product wCter exported from the user or other operational
consumption through which such water is not discharged to the POTW. If it is
impossible to show volqme by metering, then recognized industry standards
designated by the city shall apply. If a surcharge is assessed by the city, it shall
be shown separately on the monthly billing.
"(5) Any person discharging industrial waste into the POTW who procures any
part or all of his water supply from sources other than the City of Corpus Christi
Utilities Department, allot part of which is discharged into the POTW, shall install
and maintain at his expense water meters of the type approved by the city for the
purpose of determining the proper volume of flow to be used in computing sewer
service charges. Such meters shall be read monthly and tested for accuracy
when deemed necessary by the oity. Where it can be shown that a portion of the
water as measured by '~he aforesaid meter, or meters, does not enter the POTVV
of the city, then the user if he so elects, may install additional approved meters at
the user's expense in such a manner as to measure the quantity of water actually
entering the said POTW system from the premises of such user, and the quantity
of water used to determine the wastewater service charge and abnormal
wastewater surcharge shall be the quantity of water actually entering the POTW
as so determined.
R33608Bl.doc
-110-
27
"(6) Computations of each surcharge, as applicable, shall be based on the
following:
S = V x 8.34 x X x (COD-562)
S =V x 8.34 x Y x (BOD-250)
S = V x 8.34 x Z x (TSS-250)
S = Surcharge in dollars for the billing period.
V = Water consumption in millions of gallons during the billing period.
8.34 = Weight of water in pounds per gallon.
X = Unit charge in dollars per pound for COD as established subdivision
(8) of this subsection.
Y = Unit charge in dollars per pound for BOD as established in subdivision
(8) of this subsection.
Z = Unit charge in dollars per pound for TSS as established in subdivision
(8) of this subsection.
COD = Chemical oxygen demand strength index in parts per million by
weight, or mg/I.
BOD = Five-day biochemical oxygen demand strength index in pads per
million by weight, or mg/I,
TSS = Total suspended solids strength index in parts per million by
weight, or mg/I.
250 = Normal BOD and TSS strength in parts per million by weight, or
mg/I.
562 = Normal COD strength in parts per million by weight, or mg/I.
"(7) The city reserves the right to review and approve any waters or industrial
waste entering the POTW or proposed to be discharged into the system having
an average daily flow greater than ten (10) per cent of the design flow capacity of
the plant which will treat the waste. In the event the city's measurement discloses
such flow to be in excess of ten (10) per cent of said capacity, the city shall be
under no obligation to receive such flow in excess of ten (10) per cent of design
capacity and the city's published rates shall not apply to such excess. An owner
affected hereby shall be promptly notified of such determination by the city. A
special contract, at the city's option, may be made with the user to accommodate
such excess flow.
R33608Bl.doc
-111-
"(8) The values for X, Y, :and Z used in subdivision (6) of this subsection to
determine the abnormal Wastewater surcharge are:
"Value! "Augu~ "August
' I, 2002 1,2003
te t_o
~"~" ~ July 31,
onn'~ 2004
"X (unr ,,en~....vvvvnnnr~"$0.0000
charge ~n
dollars )er
pound ~f
COD)
"Y (uni~ "0.2238 "0.2372
charge in
dollars per
pound ,3f
BOD)
(uni~t ,, ~
O ..... "0.1704"
charge in
dollarsi per
pound of
TSS)
SECTION 14. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause~ phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
SECTION 15. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 55-146 of the City Code of
Ordinances.
SECTION 16. 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.
R33608S1.doc
-112-
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
., 2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ day of
,2003.
Armando Chapa
City SecretaW
APPROVED: 9th day of July, 2003:
R- ..~y~einin~/
Acting/City Attorney
Samuel L. Neal, Jr.
Mayor
29
R33608B1 .doc
-113-
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 8,2003
AGENDA ITEM: Zoning Ordinance text amendment to the "B-5" Primary Business District,
"B-6" Primary Business Core DiStrict, and Article 22, Off-street Parking Regulations in order
to eliminate required off-street parking in the downtown area.
ISSUE:
Current regulations require the provision of off-street parking in the downtown area for
residential development.
REQUIRED COUNCIL ACTION:
Approval of the proposed Zoning Ordinance text amendment to Article 17, "B-5" Primary
Business District, Article 18, "B-6" Primary Business Core District and Article 22, Off-street
Parking Regulations and adopting the attached ordinance.
PREVIOUS COUNCIL ACTION:
None.
FUNDING:
None.
CONCLUSION AND RECOMMENDATION:
Planning Commission and Staff recommend approval of the proposed Zoning Ordinance
text amendment to Article 17, "B-5" Primary Business District, Article 18, "B-6" Primary
Business Core District, and Article 22, Off-street Parking Regulations,
Attachments:
Ordinance
Boundary Map of "B-5" and "B-6" Districts
H:kPLN-DIR\ERMA\WORD~ZORD~.RTICLES 1 ?1822PARKINGA_.C~._AMEMO.DOC
BA~KGROUNDINFORMATION
The Downtown Management )istrict requested that the City review the off-street parking
requirements for the downtov ~ area. The current "B-6" Primary Core Business Distric!
does not require any off-stre..~t parking except for dwelling units. The abutting "B-5'
Primary Business District requ res off-street parking for all uses with some uses having a
reduced parking requirement.
Staff reviewed the parking requirements in Dallas, Fort Worth, Austin and San Antonio.
Dallas had reduced parking requirements while Austin, Fort Worth and San Antonio had
no off-street parking requirements for the central business district, including residential
uses. The aforementioned cities had reduced off-parking requirements for uses in the
abutting commercial district. The Downtown Management District has indicated that the
market and lenders will dictate the amount of off-street parking a project must provide.
On June 18, 2003, the Planning Commission held a public hearing unanimously voted to
recommend approval of the proposed text amendment.
H:~PLN-DIR\ERMA\WORD~ZORD~ARTICLES 171822PARKING_A~_DAMEMO.DOC
AN ORDINANCE
AMENDING THE ZONIIIG ORDINANCE BY REVISING ARTICLE 17,
"B-5" PRIMARY BUSIN--SS DISTRICT, ARTICLE 18, "B-6" PRIMARY
BUSINESS CORE DI~;TRICT, AND ARTICLE 22, OFF-STREET
PARKING REGULATICNS; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Comn~ission has forwarded to the City Council its reports and
recommendations concerning tile amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice '~o the public, public hearings were held on Wednesday,
June 18, 2003, during a meeting of the Planning Commission, and on Tuesday, July 8,
2003, for the first reading and on Tuesday, July 15, 2003, for the second reading, 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 revising Article 17, "B-5" Primary Business District, to read as follows:
"ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS
Section 17-3 Parking Regulations. The parking regulations for permitted uses are
contained in Article 22, except for properties located east of U. S. Hi.qhway 181
and Upper Broadway Street where off-street parkin.q is not required.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 18, "B-6" Primary Business Core District, to read as follows:
"ARTICLE 18. "B-6" PRIMARY BUSINESS CORE DISTRICT REGULATIONS
H:\LEG-D[R~JOSEPH\ORD-PARKINGB5-B6.DOC
-119-
2
Section 18-3 Parking Regulatlions. There are no parking requirements in the "B-6"
Primary Business Core strict fcr....~.. ~-' '~ .... ,v.... uccc. .... r ....... = ,-= ............
d'"""; ...... ,~i,.~..~ irk. ^,~i..~ ,~,~ cfth; r~..4i
SECTION 3. That the Zoning ~rdinance of the City of Corpus Christi, Texas, is
amended by revising Article 22,i Off-Street Parking Regulations, to read as follows:
"ARTICLE 22. OFF-STREET i~ARKING REGULATIONS
Section 22-2 Interpretation oI the Chart:
22-2.01 There are no p~rking regulations for the "B-6" Primary Business Core
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th da~, 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 5. That to the extenl that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That any ordinanCe or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
SECTION 8. 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.
H:\LEG-DIRUOSEPH\ORD-PARKINGB5-B6.DOC
-120-
3
That the foregoing ord, iqance was read ~or t,he first time and passed to its second
reading on this the t(~ day Of ._)/_~Jq~I ,2003, by the following vote:
Samuel L. Neal, Jr. (~ __ .~ Bill Kelly~ ~
Brent Chesney (~.~-~' .~ , Rex A. Kinnison
Javier D. Colmenero (~_¢-~..-~ Jesse Noyola
Melody Cooper (,-~(.~_ ~' I Mark Scott
Henry Garrett ~ ~
That the foregoing ordinance w~s read for the second time and passed finally on
this the day of , ,2003, 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
PASSED AND APPROVED, this the
ATTEST:
day of ., 2003.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form
By:
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
,2003;
H:\LEG-DIRUOSEPH\ORD-PARKINGB5-B6.DOC
-121-
Ship Channel
LEGEND
I.ina
Feel
CORPUS
CHRISTI
BAY
B-5 & B-6
ZONING
13
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: July 15, 2003)
Case No.:, 07,,03-02~ Mike Yar~rough: A change of zoning from a "R-lB" One-family Dwelling
District to a 'B-1 Neighborhood Busil~ess District on Yarbrough Addition, Lots 4 and 5, located on the west
side of Airline Road and 600 feet south 9f Holly Road.
Planning Commission and Stall, s Recommendation (06/04/03}: Approval.
Requested Council Action: Approval of the "B-I" Disthct and adoption of the attached ordinance.
Purpose of Request: Speculative commercial sale.
Summar)': The applicant has requested a,change of zoning from a "R-lB" One-family Dwelling Dislxict to a "B-I"
Neighborhood Business District for spectllative commercial sales purposes. The subject property consists of two (2)
lots with one being vacant and the other d~veloped with a single-family residence. North of the subject property is a
"R-lB" Distxict consisting of one (1) vacant lot and single-family residences. Further north of the "R-lB' District is
a "B-3" District developed as an athletic club facility. To the south is a "R-lB" District developed with single-
family residences. A "B-I" District is located at the comer of Wilderock Drive and Airline Road that extends four
(4) lots to the north. East of the subject property and across Airline Road is a large tract of undeveloped land zoned
a "B-4" District. Further south across Airline Road is a shopping center within a "B4" District. Along the subject
property west boundary is a townhouse development with/n a "A-I" District. Access for the lots are provided along
Airline Road, an arterial roadway. Within 600 feet north of the subject property is Holly Road, an arterial roadway.
Traffic generated by commercial uses, at a possible 122 vehicles per day, could be accorranodated by the Airline and
Holly Roads street system. Overall, the Comprehensive Plan Elements are supportive of the requested "B-I"
District. The Southside Area Development Plan's adopted furare land use map recommends the area to transition
from low-density residential uses to commercial uses. The requested "B-i" District is consistent with the Plan's
recommended land use.
Applicant's Position: The applicant concurs with Planning ComnUssion's recommendation
Notification: Prior to the date of tiffs memorandum, seventeen notices were mailed to the property owners within a
200- foot radius, o f which none were returned in favor or in ~n~.~l TNi~asl ~ r~¢/~
A:sCjstae'nt ~r ecU~orn~ f Development Services/ u
Director of Planning
MG/FGM/er
Attachments:
1 ) Zoning Report
2) Conunents Received
3) Planning Commission Minutes
4) Ordinance
H :~P LN-DIR\ERMA\WO RD'~a, GEN DM EM \0603 CEAGENDAMEMO DOC
-125-
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Le~oal Description/Location:
0603-02
June 4, 2003
H16D
Mike Yarbrough
Yarbrough Addition, Lots 4 and 5, located on the west side of Airline Road and 600 feet south of
Holly Road.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of ProperB,':
0.44 acre (19,035 square feet)
Same as above.
"R- 1B" One-family Dwelling District
"B~ 1" Neighborhood Business District
Single-family use on one (1) lot and one (1)
vacant lot.
Speculative commercial sale.
Not applicable.
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiaeent Zoning:
North, South - "R-1B" One-family Dwelling District
East - (across Airline Road) "B-4" General Business District
West - "A-I" Apartment House District
-126-
Zoning Report ~
Case No. 0603-02 (Mike Yarbrough) I
Page 2
Adiacent Land Use:
North, South - Vacant lot and single-family residences.
East - (across Airline Road) Undeveloped land and retail shopping center.
West - Multiple-family dwellings (townhomes).
Number of Residential Units All~wed:
',',R-1,B," - 3 units (7.26 dwelling u~its per acre)
B-1 - 16 units (36.30 dwelling ~nits per acre)
Estimated Traffic Generation:
General Commercial - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor
area x 3,000 square feet of gross flo~r area (1TE manual average floor area)= 122 average weekday
vehicle trip ends.
Adiacent Streets/Classification:
a) Airline Road - arterial
b) Holly Road - arterial
Right-of-Way Design
Current:
a) 80-foot of right-of-way wi~h a 48-foot back-to-back paved section.
b) 80-foot of fight-of-way w~th a 48-foot back-to-back paved section.
Planned:
a, b) Same as current.
2002 Traffic Count (24-hour~ weekday, non-directional}:
a) 39,674 vehicles per day (at Airline Road at Holly Road)
Zoning History, of Property:
There has been no rezoning activity within the past five (5) years.
-127-
Zoning Report
Case No. 0603-02 (Mike Yarbrough)
Page 3
Recent Surrounding Zoning Cas~s:
On May 27, 2003, Yarbrough Subdivision, Lots 8 and 9 were granted a change of zoning from
"R- 1B" to "B- 1", located south of Ire subject property.
In March 2003, Block B, Lotsl and 4 of Airline Subdivision Unit 3, located south of the subject
property was granted a change of zoning from "AB" and "R-lB" to "B-I" for a shopping center and
Lot 5 was granted a Special Permit for a parking lot associated with the shopping center.
In August 2002, Block 1, Lot 1 of Airline Subdivision Unit 3, located south of subject property was
granted a change of zoning from '~F-R" Farm Rural District to a "B-I" Neighborhood Business
District and a "R-2" Multiple-family Dwelling District for the development of a retail center and
multiple-family complex.
In April 1998, Block B, Lot 3 of Airline Subdivision, located south of the subject property was
granted a change of zoning from a "AB"/SP Professional Office District with a Special Permit for
an auto sales lot to a "B-1" Neighborhood Business District in order to operate an ice cream shop.
Planning Staff Analysis:
General Characteristics and Backm-ound: The applicant has requested a change of zoning
from a "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District for
speculative commercial sales purposes. The subject property consists of two (2) lots with one
being vacant and the other developed with a single-family residence. North of the subject
property is a "R-1B" District consisting of one (i) vacant lot and single-family residences.
Further north of the "R-lB' District is a "B-3" District developed as an athletic club facility.
To the south is a "R-1B" District developed with single-family residences. A "B-I" District
is located at the comer of Wilderock Drive and Airline Road that extends four (4) lots to the
north. East of the subject property and across Airline Road is a large tract of undeveloped
land zoned a "B-4" District. Further south across Airline Road is a shopping center within
a "B-4" District. Along the subject property west boundary is a townhouse development
within a "A-I" District. Access for the lots are provided along Airline Road, an arterial
roadway. Within 600 feet north of the subject property is Holly Road, an arterial roadway.
Traffic generated by commercial uses, at a possible 122 vehicles per day, could be
accommodated by the Airline and Holly Roads street system. Overall, the Comprehensive
Plan Elements are supportive of the requested "B-I" District. The Southside Area
Development Plan's adopted future land use map recommends the area to transition from
low-density residential uses to con~rnercial uses. The requested "B-I" District is consistent
with the Plan's recon~mended land use.
-128-
Zoning Report
Case No. 0603-02 (Mike Yarbrough)
Page 4
Potential Housing Density: ~[he "R-1B" District pe, rmit,s, a density of 7.26 dwelling units per
acre or three (3) units on thd subject property. A 'B-1 District permits a density of 36.30
dwelling units per acre or 1 ~ units on the subject property. The increase in density will not
adversely impact the adjacent street system.
Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with
a side and rear yard setbacl~ of five (5) feet each. A "B-I" District requires a fi-ont yard
setback of twenty (20) feet {md no side or rear yard setback unless adjacent to a residential
district where a setback often (10) feet each would be required. If the rezoning were
approved, new construction on the subject property would be required to maintain a setback
often (10) feet along the north and west property lines. Both the "R-lB" and "B~I" Districts
limit the building height to 35 feet not to exceed three (3) stories.
Signage: Signs in the "R- lB" District are limited to one wall sign with an area not to exceed
one square foot. The "B-l"!District permits unlimited wall signs and one freestanding sign
with an area of forty (40) sga~are feet and a height of twenty (20) feet.
Traffic: The subject property has direct access to an arterial, Airline Road. The Airline Road
at Holly Road intersection carries 39,674 vehicles per day. Traffic generated by a general
commercial use at 122 vehicles per day, will have minimal impact on the street system.
Parkine/Screening: A commercial retail use requires one off-street parking space for each 200
square feet of gross floor area. A standard screening fence with a height of not less than six
(6) feet would be required when a business or industrial use locates adjacent to a residential
district. The subject property will be required to provide a standard screening fence along
its north, south and west property lines.
Pros: (Ideas in support of the request.)
a)
The Southside Area Development Plan recommends the subject property along the Airline
Road corridor to develop commercially.
b)
Approval of the rezoning could initiate additional rezonings onto the adjacent single-family
properties to the north as recommended by the Southside Area Development Plan.
Cons: (Ideas in support of maintaining the current zoning.)
a) None.
Staff Recommendation:
Approval.
Attachments:
Zoning Map
H :/PLN .DIR\ERMA ~WORD ~ZONRPTS',2003\0603 ~02CCREPORT.DOC
-129-
WOOLDRIDGE
UNIT 8
CREEK
B-5
R-1 B
FLOUR BLUFF & ENCINAL
FARM & GARDEN TRACT
SUBJECT PARCEL
R-1 B
CREEK
B-4-
A-2
A~.~//SP/
91 --Oz~
Bm
Mo), 19, 200,3- RP
0 100 200 300
--- -- CASE Z0603-02
B-4
HOLLY OAKS
R-lB One~-omily Dwelling Dist.
AB Professional Office Dist.
A-1 Apartment House Dist.
A-2 Apartment House Dist.
EC-t Neighborhood Business Dist.
-130-
General Business Dist.
}CROMMENTS RECEWED
OM NOTICES MAILED
Case No. 0603-02
Mike Yarbrough
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspCnd to the attached map.)
Notices returned fi*om with!n the 200-foot notification area:
Favor: Non{.
Opposition: Non~.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:'xP LN-D [R\ERMA\WORD\COM M DATA\0603-02COM M ENTS DOC
-131-
Planning Commission Minutes
June 4, 2003
Mike Yarbrough: 0603-02
REQUEST:
"R-lB" One-family Dwelling District to "B-I' Neighborhood Business
District on property described as Yarbrough Addition, Lots 4 and 5 and
located on the west side of Airline Road and 600 feet south of Holly Road.
Ms. Goode-Macon presented a computerized slide illustration of the subject property and
the surrounding area. The applicant has requested a change of zoning from a "R-1B" One-family
Dwelling District to a "B-I" Neighborhood Business District for speculative commercial sales
purposes. The subject property consists of two (2) lots with one being vacant and the other
developed with a single-family residence. North of the subject property is a "R-lB" District
consisting of one (1) vacant lot and single-family residences. Further north of the "R-lB' District
is a "B-3" District developed as an athletic club facility. To the south is a "R-IB" District
developed with single-family residences. A "B-I' District is located at the comer of Wilderock
Drive and Airline Road that extends four (4) lots to the north. East of the subject property and
across Airline Road is a large tract of undeveloped land zoned a "B-4" District. Further south
across Airline Road is a shopping center within a "B-4" District. Along the subject property's
west boundary is a townhouse development within a "A-I" District. Access for the lots are
provided along Airline Road, an arterial roadway. Within 600 feet north of the subject property
is Holly Road, an arterial roadway. Traffic generated by commercial uses, at a possible 122
vehicles per day, could be accommodated by the Airline and Holly Road street system. Overall,
the Comprehensive Plan Elements are supportive of the requested "B-I" District. The Southside
Area Development Plan's adopted future land use map recommends the area to transition fi.om
low-density residential uses to commercial uses. The requested "B-I" District is consistent with
the Plan's recommended land use. Therefore, Staff recommends approval of the rezoning
request.
Ms. Goode-Macon added that on May 27, 2003, Yarbrough Subdivision, Lots 8 and 9
were granted a change of zoning from "R-lB" to "B-I", located south of the subject property.
Chairman Berlanga opened the public hearing.
Donna Vickery, representing the applicant, stated that the subject property is part of an
inheritance in which the siblings would like to rezone their property separately. She reminded
the Commission that there was a similar case presented to the Commission at the previous
meeting regarding property to the south of the subject property. In that case, the applicant
requested similar zoning.
Public hearing was closed.
Vice Chairman Mims expressed concern with excess driveway cuts for the property and
other adjoining lots fronting Airline Road. Mr. Saldafia stated that there would only be one
access to the subject property and other adjoining lots because of the width of each lot.
Motion by Mires, seconded by Richter, to forward a recommendation for approval.
Motion passed with Smith, Stone, and Zamora being absent.
-132-
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
MIKE YARBROUGH, IBY CHANGING THE ZONING MAP IN
REFERENCE TO LOTS
lB" ONE-FAMILY DWEI
BUSINESS DISTRICT; ,~
ACCOUNT FOR AN
COMPREHENSIVE PLA
DECLARING AN EMERG
. AND 5, YARBROUGH ADDITION, FROM "R-
.LING DISTRICT TO "B-'I" NEIGHBORHOOD
MENDING THE COMPREHENSIVE PLAN TO
' DEVIATIONS FROM THE EXISTING
N; PROVIDING FOR PUBLICATION; AND
ENCY.
WHEREAS, the Planning Comm ssion has forwarded to the City Council its reports and
recommendations concerning th(~ application of Mike Yarbrough for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice td the public, public hearings were held on Wednesday,
June 4, 2003, during a meeting df the Planning Commission, and on Tuesday, July 15,
2003, during a meeting of the city Council, in the Council Chambers, at City Hall, in the
City of Corpus Christi, during whibh all interested persons were allowed to appear and
be heard; and
WHEREAS, the City Council ha~ 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 zonin~on Lots 4 and 5, Yarbrough Addition, located on the
west side of Airline Road and 60(D feet south of Holly Road from "R-1B" One-family
Dwelling District to "B-I" NeighbOrhood Business District. (Map H16D)
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.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
H:\LEG-DIR\JOS EPH~ZONING\0603-02REGULAR.DOC
-133-
Page 2 of 3
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 (f) 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 15th day of July, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Joseph~H~rney ~
Assistant City Attorney
For City Attorney
2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-DIR\JOSEPH~ONING\0603-02REGULAR.DOC
-134-
14
AGENDA MEMORANDUM
DATE: July 15, 2003
SUBJECT: Contract for PiJblic Access Studio and Equipment Management
AGENDA ITEMS:
A. Ordinance appropriating $30,379 from the Reserve for Government Access
Equipment and Facilities in the~ 1020 General Fund for access channel equipment and
facilities; amending ordinance No. 024974 which adopted the FY02-03 budget, to
increase appropriations.
B. Motion authorizing the City Manager, or his designee, to execute a contract with the
Channel 10 PAUG/NuPAC, Inc. for a 12-month period with a renewal option of four
additional one-year periods, subject to the approval of the contractor and the City
Manager or his designee, to manage a public access studio and editing equipment, with
City donated equipment, for public access producers, for a one-time payment of
$15,458 for facility and equipment set-up and $14,921 for replacement of inoperable
equipment.
ISSUE: Time Warner no longer provides studio and editing services for public access
users. Time Warner gave stu~lio and editing equipment to the City of Corpus Christi.
The City would like to ensure that public access users have support for studio and
editing services by contracting with a local non-profit agency to use the City equipment
and provide studio and editing equipment services to public access producers. The
contract for studio and equipment management with South Texas Informer Educational
Foundation ended on July 10, 2003.
RECOMMENDATIONS: Staff recommends that the City Council authorize the City
Manager, or his designee, to execute a contract with the Channel 10 PAUG/NuPAC for
a 12-month period with a renewal option of four additional one-year periods, subject to
the approval of the contractor and the City Manager or his designee, to manage a public
access studio and editing equipment, with equipment donated by the City, for public
access producers, for a one-time payment of $15,458 for facility and equipment set-up,
a one-time payment of $14,921 to replace significant inoperable equipment, and an
annual grant of $7,000 to begin on October 2003 for equipment maintenance and
repair.
Susan Cable ~
Director of E-Government Services
-137-
BaCkground Information
In the past, Time Warner pt/ovided studio and equipment use to public access
producers. In August 2002, T~me Warner closed the studio and stopped support for
access studio, editing and equipment usage. Under the new cable franchise
agreement, Time Warner gav~ the studio and editing equipment to the City. Time
Warner and Grande/ClearSourc~, also agreed to provide $3,500 each annually for public
access equipment and facilities.
After requesting proposals, on September 12, 2002, the City contracted with South
Texas Informer Educational Fo~ndation, Inc. (STIEF) to manage the editing and studio
equipment for access users. R abed Hughes, who formerly managed the Time Warner
access production program, assisted STIEF until he moved out-of-town in June 2003.
STIEF has been unable to replace Mr. Hughes, and has had several problems with non-
working equipment. STIEF cho ;e to terminate the contract, effective July 10, 2003.
As the City was approaching ljhe end of the first year of the contract to manage the
editing equipment and studio, dn June 4, 2003, the City requested proposals from local
groups interested in maintaining/the equipment and studio. The responsibilities of the
successful proposer would include: obtaining a studio location; scheduling equipment
use; developing and managing equipment check-out and usage system; managing
maintenance and repair of equipment; and all other duties required to maintain the
studio, including training and certification of producers. The City would provide funding
from the cable operator grants of $7,000 per year to the selected contractor for
equipment maintenance and rel~air.
Two proposals were received and reviewed by a City team consisting of Lisa Aguilar,
Susan Cable, and Dan Whitwc~rth, using criteria including funding requirements, non-
profit status, studio facilities, and timeline for operations. Proposals were received from
the Channel 10 Public AcceSs Users Group (PAUG) NuPAC, Inc., and from the
Observer Education and Research Foundation. STIEF did not respond. A summary of
the two proposals is attached.
There are many technical issuers involved with moving and reassembling the studio and
editing equipment. These include ceiling height for cameras, wiring, sound-proofing,
fire-proofing, and other architectural and engineering issues. The Channel 10 PAUG,
NuPAC, Inc. has indicated that they will work to ensure that proper standards are met in
re-establishing a studio and editing facilities to meet the needs of public access users in
the community.
The contract provides that the equipment (Attachment A) and any additional equipment
purchased with cable operator grant funds, will belong to the Channel 10 PAUG,
NuPAC, as long as the equipment is used for production of access programs.
-138-
A'I-I'ACHMENTS:
Proposal Summary for Management of Public Access Studio and Equipment
Channel 10 PAUG, NuPAC, Inc. P~oposed Budget
Contract
Ordinance to Appropriate Funds
Public Access Studio and Editing Equipment List
-139-
Proposals for Management of Public Access Studio and Equipment
Channel t0 Public Access Group, NuPAC Observer Education and Research
I Foundation
Address 5403 Everhart #278 2721 Erie Drive
~orpus Christi, TX 78411 Corpus Christi, TX
Contact Person Bo~ Klepec and George Iniquez Mary Beth Nelson
50I (c) 3 Status ! yes "Not yet. We are certified by the state
as a non-profit corporation. Application
I in progress."
Proposed Studio Location Will provid : location, negotiating with Corpus Either Parkdale Plaza or Sunrise Mall
Christi Bus[ ~ess Park, Commerce One Business
Pla. 2a, and Park Green An'ium.
Own, Lease or Plan to Lease i Plan to lease. Working on a donation.
Dimensions of Studio ~pproximately 1,000 sf Larger than before. 2,000 sf
Operational Time Frame Target foriediting will be immediate. Studio Operational on July 31, 2003.
will be ~perational by September 2003.
Proposed Hours Goal is 40 hours per week. 9 am to 6 pm for secretary; 1 to 9 pm
for technician.
How Group Proposes to Funding regluest is the annual grant of $7,000 Funding request is for a budget of
Accomplish Listed and a obe-time funding of $15,458 for $118,000, which includes: equipment
Responsibilities equipment and studio move, set-up and move, set-up, repair and future repairs
calibration, and a one-time funding of $14,921 ($55,000); two personnel ($43,000), and
for replacement of inoperable equipment, liability and equipment insurance
($20,000). Request is for full funding
on an annual basis.
-140-
ORDINANCE
APPROPRIATING :$30,379 FROM THE RESERVE FOR
GOVERNMENT ACCESS EQUIPMENT AND FACILITIES IN THE
NO. 1020 GENERAL FUND FOR ACCESS CHANNEL
EQUIPMENT AND FACILITIES; AMENDING OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 024974 TO
INCREASE APPROPRIATIONS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $30,379 is appropriated from the Reserve for Government
Access Equipment and Faoilities in the No. 1020 General Fund for access
channel equipment and facilities.
SECTION 2. That the Operating Budget adopted by Ordinance 024974 is
amended to increase appropriations by $30,379.
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: July 11,2003
Lisa Aguilar U
Assistant City Attorney
for City Attorney
-141-
CONTRACT TO MANAGE PUBLIC ACCESS FACILITIES
WHEREAS, this Contract ("Conlract") is between the City of Corpus Christi, a Texas home-
rule municipal corporation, ("City"), and the Channel 10 PAUG, NUPAC Inc., a Texas nonprofit
corporation ("Contractor"). ~ .
WHEREAS, the City allocates f~nds provided by Te,,x, as Cable Partners, Inc. ("Time Warner
Cable") and Grande Communic{ations Inc. ("Grande) pursuant to franchises granted by the
City of Corpus Christi for public~ccess channel equipment and facilities;
NOW, THEREFORE: in consideration of the premises and the mutual covenants contained, in
this Contract, the parties agree~s follows:
SECTION 1. TERM
1.1 ,T,,his Contract shall be in effect for a period of one year from July 9, 2003 ("Effective
Date ) through July 8 2004 with the option to renew for four (4) additional one-year periods.
1.2 Upon expiration of this Conlract, Contractor agrees to hold over under the same terms
and conditions for such period Cf time as is necessary for the City to contract for replacement
services, at the written request Cf the City Manager or the City Manager's designee ("City
Manager").
SECTION 2. CONTRACTOR OBLIGATIONS
2.1 Contractor shall manage a ~ublic access studio for use by the public in production of
public access programming. Tile Contractor shall provide hours of operation sufficient to meet
public access studio and equipment users' requests and needs.
2.2 City shall provide equipmerit identified in the attached Exhibit A to the Contractor who
shall then make the equipment lavailable for use in production of public, and government
access programming.
2.3 Contractor shall move the equipment listed on the attached Exhibit A which is currently
located at Leopard Street to the Contractor's facility at 4531 Ayers Street #102, Corpus Christi,
Texas.
2.4 Contractor shall have the editing equipment in operation within thirty days from the
Effective Date of this Contract.
2.5 Contractor shall have the studio in operation within sixty days from the Effective Date
2.6 Contractor shall provide training to the public access producers in the use of the
equipment and studio for production of access programming.
G :/acac/99cntrc~
-142-
2.7 Contractor must not knowingly permit the public access facilities under its control to be
used for the production of any material which is in violation of Subchapter B: Obscenity, of
Chapter 43 of the Texas Penal Code, as may be amended.
SECTION 3. CITY OBLIGATIONS
3.1 Initial payments for equipment set-up and equipment
Upon Contractor's submission qf detailed invoices, the City shall make payment up $30,379 to
Contractor for the following: $15,458 for studio and equipment set-up, and $14,921 for
replacement of significant inoperable equipment. The costs are identified in the attached
Exhibit B.
3.2 Annual Payment for Equipment
By each October 31 of each year of this contract, beginning in 2003, the City shall make
payment of Seven Thousand Dollars ($7,000.00) to Contractor to be used by Contractor for
replacement and repair of public access equipment.
3.3 Limit of City Funding Liabilily
The parties agree that the City's funding obligations to Contractor are contingent upon
payments to the City in accordance with the Franchise Agreements with Time Warner Cable
and Grande Communications ("Access Funds").
This Contract does not obligate the General Fund or any other moneys or credits of the City of
Corpus Christi. The City shall not be liable for and Contractor shall release, indemnify and
hold the City harmless from any claims or demands for:
(a) expenses incurred either prior to or after the term of this Contract; or,
(b) expenses incurred in violation of the terms of this Contract and its attached Exhibits.
SECTION 4. GUIDELINES FOR USE OF FACILITIES AND EQUIPMENT
Contractor may engage in activities generating funds using any resources available to it, or
managed by it pursuant to thiis Contract. All such activities must be in conformity with
Contractor's 501.c.3 Internal Revenue Code status and must serve to further the goal of
promoting the public's use and access to cable television or other media.
SECTION 5. OWNERSHIP OF PROPERTY
5.1 All equipment identified on Exhibit A shall belong to the Contractor so long as Contractor
makes the equipment available for public access programming production purposes in
accordance with this Contract.
2
-143-
5.2 All equipment purchased with funds received under this Contract shall belong to the
Contractor so long as Contractdr makes the equipment available for public access
programming production purposes in accordance with this Contract.
5.3 Contractor shall be responsible for maintenance, replacement, repair, and insuring of the
equipment.
5.4 Upon termination of the Co~
this Contract shall become prop
the City unless otherwise agree,
5.5 The Contractor shall:
itract, all equipment provided or purchased with funds under
~rty of the City, and Contractor shall deliver all equipment to
to in writing by the City Manager.
(a) maintain custody and contr(
(b) maintain detailed property
(c) perform an annual physica
over all property provided by the City;
;cords; and
nventory.
5.6. _If Contractor no longer des~ires to use a particular piece of equipment, then Contractor
shale deliver the equipment to t~e City-designated location.
SECTION 6. RECORDS
6.1
6.1 Contractor shall submit anrlual detailed information regarding use of the annual $7,000
grant provided under this Contr$ct to the City Manager no later than June 30 of each year.
6.2 Contractor shall at all time~s maintain full, accurate and current records documenting the
level of Contractor's services prbvided for public access studio and equipment usage.
SECTION 7. PERFORMANCE REPORTS AND EVALUATION
7.1 Contractor shall submit detailed information to the City Manager no later than June 30 of
the usage of studio and equipmlent by public and government access producers.
7.2 The Contractor shall furnisl) such statements, records, reports, data and information to
the City at such times and in subh form as the City Manager may require.
SECTION 8. REPRESENTATIONS AND WARRANTIES
8.1 The Contractor represents and warrants that:
(a) All information, rel)orts and data furnished to the City by Contractor are complete
and accurate as of the Uate furnished to the City, and that Contractor shall promptly
notify the City Manager df any material change affecting the accuracy or completeness;
-144-
(b) All financial statements and information furnished to the City are complete,
accurately reflect the financial condition of the Contractor on the date shown on the
report, accurately show the results of the operation for the period covered by the report,
and that since said date there has been no material change, adverse or otherwise, in
the financial condition of the Contractor;
(c) Contractor has notified the City Manager of any and all pending or threatened legal
proceedings against the Contractor;
(d) The Contractor has the power to enter into this Contract and accept payments
under this Contract, and [he Contractor has taken all necessary action to authorize
acceptance under the te~ms and conditions of this Contract;
(e) None of the assets of the Contractor is subject to any lien or encumbrance of any
character except for current taxes, except as shown in the financial statements
furnished by the Contractor to the City;
Conflict of Interest:
(1) Contractor will complete the City's Disclosure of Interests form.
(2) Contractor's employees shall not be afforded preferential treatment with
respect to resources administered under this Contract.
8.2 Contractor shall make reasonable responses to public inquiries regarding its operations.
SECTION 9. INSURANCE
9.1 The Contractor shall carry insurance in the following types and amounts for the duration of
this Contract and furnish copies of insurance policies to the City Manager as evidence:
(a) Statutory Worker's Compensation for Contractor's paid employees working with
access studio and equipment.
(b) Comprehensive General Liability Insurance with minimum Bodily Injury, and
Property Damage combined single limit of $500,000 for each occurrence to include
Premises - Operations, Broad Form Property Damage, Personal Injury and Contractual
Liability coverage; and,
(c) Fire and extended coverage for equipment provided or funded under this Contract in
an amount sufficient to cover the equipment.
9.2 If the insurance policies are not written for the amount specified in subsections (a)(ii) and
(a)(iii) above, the Contractor is required to carry an Excess Liability insurance policy for any
difference in the amounts specified.
4
-145-
9.3 The Contractor shall not commence work under this contract until it has obtained all
required insurance and until suC~h insurance has been approved by the City of Corpus Chrisb
Risk Management Office and th~ City Manager; this Contract shall be deemed not to enter into
effect until these approvals have, been obtained.
9.4 The required insurance mu~t be written by a company licensed to do business in the State
of Texas at the time the policy iq issued, and all insurance (other than Worker Compensation)
shall name the City as an additional insured.
9.5 The Contractor shall not caL
lapse. Insurance certificates sh~
canceled or reduced, restricted,
notice as evidenced by return re
shall contain transcripts from the
insured, the extent of the insurar
se any insurance to be canceled nor permit any insurance to
~11 include a clause to the effect that the policy shall not be
)r limited until 45 days after the City has received written
;eipt of registered or certified letter. Certificates of Insurance
proper office of the insurer, evidencing in particular those
~ce, the location and the operations to which the insurance
applies, the expiration date and ' he above-mentioned notice of cancellation clause.
9.6 The City reserves the right t~ review the insurance requirements of this section during the
effective period of the contract apd to adjust required insurance coverages and their limits
when deemed necessary and pdJdent by the City's Risk Manager based upon changes in
statutory law, court decisions, or!the claims history of the industry or Contractor.
SECTION 10. INDEPENDENT CONTRACTOR
Contractor is an independent col~tractor, having the duty and obligation to supervise and direct
the work, and having control ov~ the means and methods by which such work is
accomplished. The City is so e y interested in compliance with the Contract goals and terms.
SECTION 11. CONTRACTOR CHANGES
11.1 Co,ntractor shall notify the (pity Manager of any change in the Contractor's Board of
Directors or of the Contractor's Executive Director within ten (10) working days of its
occurrence. Contractor shall notify City Manager of any change in Contractor's corporate
structure, or any Board of Directer resolution affecting performance of this Contract, within ten
(10) working days of its occurrence.
SECTION 12. DEFAULT
12.1 In the event that Contractor's fails to timely and properly perform any of its obligations
under this Contract, the City, without limiting any rights it may otherwise have, may withhold
further payments to the Contractor.
12.2 The City Manager shall give Contractor notice in writing of its decision to suspend funding
in the event of default. Such notice shall be given by certified mail return receipt requested,
hand delivery, or facsimile communication to the Contractor's Executive Director. The notice
shall identify the nature of the default and the action required for cure. If the default has beer
5
-146-
cured, the Contractor will be restored to full compliance status and paid any withheld funding.
If however, the Contractor has not cured the default within (ten) 10 days from the date
Contractor receives the notice, the City may terminate this Contract, or exercise such other
remedies available to the City ur~der law or in equity.
12.3 If the event of default remains uncured, the equipment provided or purchased with funds
under this Contract shall immed!ately become the property of the City and the Contractor shall
immediately deliver the equipment to the location identified by the City Manager.
SECTION 13. TERMINATION (~R EXPIRATION OF CONTRACT
13.1 The City may terminate this Contract immediately with cause if Contractor:
(a) fails to cure a defaultias provided in Section 12, above;
(b) materially breaches any provision of this Contract;
13.2 Either party may terminate this Contract for convenience by giving at least thirty (30)
calendar days notice in writing to the other party.
13.3 Upon receipt of notice to terminate, the Contractor shall cancel, withdraw, or otherwise
terminate any outstanding orders or subcontracts, which relate to the performance of this
Contract. The City shall not be liable to the Contractor or Contractor's creditors for any
expenses, encumbrances or obligations whatsoever, incurred after the notice of termination
date. Failure to terminate outstanding orders or subcontracts relating to the performance of
this Contract is a material breach of this Contract.
13.4 Upon termination or expiration of this Contract, Contractor shall deliver all equipment
provided or funded under this Contract to the location designated by the City Manager.
SECTION 14. NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other legal action, including without limitations, any
communications concerning copyright infringement, or criminal indictment is brought by any
person(s), or entity against the Contractor, Contractor shall deliver copies of such to the City
Manager within twenty four (24) hours after receipt.
SECTION 15. OTHER NOTICES
Contractor shall notify the City Manager within two (2) working days, by providing the copies of
documents concerning:
(a) Contractor filing for relief under the Bankruptcy Code;
(b) the appointment of a trustee, receiver or liquidator for all or a substantial part of the
Contractor's property;
6
-147-
(c) any reorganization, or liquidation proceedings by or against the Contractor; and
(d) the filing of any lien or attac~hment against any property or bank account of Contractor.
SECTION 16. ASSIGNMENTS~
Contractor shall not transfer, pledge or otherwise assign this Contract or any interest in this
Contract, or any claim arising ur~der this Contract, to any other party, bank, trust company or
other financial institution. Any p~urported transfer or assignment made in violation of this
Section is null and void.
SECTION 17. NO THIRD PAR'~-Y BENEFICIARIES
This Contract does not confer a~y enforceable rights to any person or entity, which is not a
party to this Contract.
SECTION 18. COMPLIANCE V~/, ITH FEDERAL, STATE AND LOCAL LAWS
The Contractor shall comply witl~ all applicable laws, rules, regulations, procedures and
policies of the Federal, State an~d local governments.
SECTION 19. LEGAL AUTHORITY
The persons executing this Contract on behalf of Contractor represent and warrant that they
are duly authorized and empowered to execute this Contract, that Contractor has taken all
action necessary to approve this Contract, and that this Contract is a lawful and binding
obligation of Contractor.
SECTION 20. SEVERABILITY OF PROVISIONS
If any provision of this Contract, or its application to any person or set of circumstances is held
to be unconstitutional, invalid, or unenforceable, that holding shall only affect the words,
phrases, clauses, or provision~ so held, and such holding shall not affect the remaining
portions of this Contract, this Being the intent of the Parties in entering into this transaction;
and all provisions of this agreement are declared to be severable for this purpose.
SECTION 21. NON-WAIVER OF PERFORMANCE
In no event shall any payment,; act, or omission in any manner impair or prejudice any right,
power, privilege, or remedy available to the City to enforce its rights hereunder, which rights,
powers, privileges, or remedies are always specifically preserved. No waiver by the City of
any one or more of Contractor's defaults shall operate as an express or implied waiver of any
other existing or future default. Waiver by the City shall not be deemed a practice or course of
dealing between the parties contrary to the express terms of the Contract.
?
-148-
SECTION 22. INDEMNITIES
22.1 Contractor for itself and its agents, employees, subcontractors, and the agents and
employees of said subcontractors, shall defend, indemnify and hold the City, its successors,
assigns, officers, employees and elected officials harmless from and against any and all
claims, demands, suits, causes ,of action and judgments, whether in contract or in tort
(including negligence and strict liability), arising out of, or incident to, concerning or resulting
from the performance of any services under this Contract or the negligence or willful
misconduct of Contractor, its ag~ents employees, and/or subcontractors, in the performance of
services under this Contract, inc~luding, but not limited to, claims for:
(a) damage to or loss of the property of any person (including but not limited to Contractor, its
agents, officers, employees ancl subcontractors, City's agents, officers and employees, and
third parties);
(b) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of
income or wages to any person (including but not limited to the agents, officers and
employees of Contractor, Contractor's subcontractors and third parties); and
(c) violations of any laws, rules regulations, procedures and policies of the Federal State and
local governments.
22.2 It is the intention of the parties, and Contractor expressly agrees, that the prowsions of
this Section shall not exclude claims, damages, and losses, if any, caused by the negligence
of the City.
SECTION 23. CONTRACT ENTIRE AGREEMENT
This Contract, together with the attached exhibits constitutes the entire agreement between
the parties hereto with respect to the matters covered by its terms. No other agreement,
assertion, statement, understanding, or other promise made by any party, or to any employee,
officer, or agent of any party that is not embodied in this Contract shall have force or effect.
SECTION 24. VENUE
The obligations and undertakings of each of the parties to this Contract shall be performed in
Nueces County, Texas. Any dispute under this Contract shall be filed in the courts of Corpus
Christi, Texas.
SECTION 25. NOTICES
25.1 For purposes of this Contract, all communications and notices among the parties shall
be deemed made if sent postage prepaid to the parties and addresses set forth below:
The Contractor
Channel 10 Public Access Group
The City of Corpus Christi
City of Corpus Christi
8
-149-
President
5403 Everhart, # 233
Corpus Christi, Texas 78411
City Manager
1201 Leopard
Corpus Christi, Texas 78401
25.2 Notice deposited with the Jnited States Postal Service in the manner described above
will be deemed effective two (2).~usiness day after deposit with the U. S. Postal Service.
Notice by overnight express deli'r~ery service will be deemed effective one (1) business day
after transmission overnight exp 'ess carrier.
25.3 Either party's address max be changed by a party giving notice to all other parties as
provided above. Post Office reqeipts or overnight express carrier receipt is conclusive proof
that notice was delivered in duelcourse.
SECTION 26. NQ WAIVER BY!CITY
Failure of the City to declare an~f default upon its occurrence, as provided in Section 12
defining defau t, or delay action!in connection with a matter that may constitute a default, does
not waive the default or breach.~ Rather, the City has the right to declare a default as a result
of a breach or failure to performI on Lessee's part at any time and take such action in response
as may be lawful or authorized t~nder this lease. Moreover, the City's conduct with regard to a
lapse, breach, or default by LesSee at one time or in one respect does not be construed as a
waiver of any subsequent or other lapse, breach, or default of any term, condition or covenant
of this lease.
SECTION 27. FORCE MAJEURE.
If the City or Contractor is prevented, wholly or in part, from fulfilling its obligations under this
Contract by reason of any act of God, unavoidable accident, acts of enemies, fires, floods,
governmental restraint or regulation, other causes of force majeure, or by reason of
circumstances reasonably beyand its control, then the obligations of City or Contractor are
temporarily suspended during clontinuation of the force majeure. If either party's obligation is
affected by any of the causes, the party affected will promptly notify the other party in writing,
giving full particulars of the force majeure as soon as possible after the occurrence of the
cause or causes relied upon.
SECTION 28. MODIFICATIONIS
No changes or modifications to the Contract may be made, nor any provision waived, unless in
writing signed by a person duly authorized to sign agreements on behalf of each party.
SECTION 29. NON-DISCRIMINATION
Contractor warrants that it is and will continue to be an Equal Opportunity Employer.
Contractor covenants and agrees that Contractor shall not discriminate nor permit
discrimination against any persDn or group of persons, with regard to employment and the
provision of services at, on, or in the public access studio, on the grounds of race, religion,
-150-
national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of
the United States or the State of Texas.
SECTION 30. TAXES
Contractor shall pay all taxes and all other licenses and fees required to operate and maintain
operations as public access studio. Further, Contractor covenants to pay payroll taxes,
Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to
Circular E Employer's Tax Guide, publication 15, as it may be amended, prior to their
respective due dates. ContractOr must provide proof of payment of these taxes within 30 days
after City Manager requests proof of payment. Failure to pay or provide proof of payment is
grounds to terminate this Lease.
IN WITNESS WHEREOF, the undersigned have executed this Contract by their duly
authorized representatives as of the __ day of ,2003.
CONTRACTOR:
CITY OF CORPUS CHRISTI:
Name: George K. Noe
Title: City Manager
man~e:
Title:
Approved as to form: July 10, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
10
-151-
Studio
Item Qty.
Audio ! 1
Caxneras w/CCU and Cable 3
Cassette 1
CD Player ! 1
Editor Controller I 1
Graphic Generator 1
InterCom System (4 head', ets0 1
Monitors (quads b&w) ; 2
Monitors (14" Color) 2
Monitors (9" Color) i 2
½ vhs Player ~, 1
~¼ player , 1
3A Editor (Recorder) i 1
TBC 3
Sync Generator 1
Misc. (microphones, stan~, cables) 1
Racks w/console 5
Kilgel "Scoops" (1000 wE tts)* 4
Kilgel "Fernels" (750 wat ;s)* 3
Backlights (650 watts)* 3
Editing Room
Item Qty.
Editing controller , 1
Character Generator 1
Character Generator Encoder 1
13" color monitor 1
9" B/W monitor 2
½" player 1
SVHS ¼" Editor 1
Audio/Video Mixer 1
Audio Cassette Player/Recorder 1
%" VCR 1
CD Player 1
Racks w/console 2
EXHIBIT A (page 1 of 2)
-152-
Equipment Check-Out
Item Qty.
VHS Camcorder 3
Tripods 3
Hand microphones 3
Lapel microphones 3
3 light kit ~ 3
Mic stands w/boom arm 3
Assorted cables, plugs, accessqries 1
Microphone mixer 1
Equipment in Storage
Item Qty.
Panasonic Edit Controller AG~A750 1
Panasonic SVHS Player AG-7~50 1
Panasonic Security Camera 1
Panasonic Security Camera D~ive Unit
1
Sony 9" Color TV/Monitor 1
AD Switcher VGA MAC 1
5' Monitor Ceiling Mount 1
TV Monitor Ceiling Mount 1
Box/assorted power/video/conirol cables 1
EXHIBIT A (page 2 of 2)
-153-
Replacement of Broken Equipment with Used Equipment
EQUIPMENT MODEL DESCRIPTION AMOUNT
BR-DV600UA REPLACES ~ INCH - CONNECTS INTO ANY EDITING Used
Professional DV SYSTEM - LINEAR OR NON-LINEAR - IT HAS THE $3,101.26
III!~ Recorder/Player PERFORMANCE SPECS TO PRODUCE HIGH-
I QUALITY, PROFESSIONAL RESULTS, PER TIME
WARNER STANDARDS OF DV
W JVC BR-S822U Pro ~ INCH FOR USE IN STUDIO AND EDITING Used $2840.00
EditodRecorder x 2 = 5,680
SVHS
COMPACT 8mm Sony Model Eve- AC/DC OPERATION. CHANNEL 3/4 OUTPUT FOR USE ON Used
RECORDER/PLAYER 520 Recorder/Player STANDARD TV. $1,890.00
BNC AND RCA TYPE VIDEO INPUT CONNECTORS. RCA
TYPE AUDIO CONNECTORS.
X1 PLAY, SLOW AND FRAME ADVANCE CONTROLS,
ELECTRONIC COUNTER REMOVED FROM SERVICE,
GOOD CONDITION. INCLUDES AC POWER CORD. NO
OTHER ACCESSORIES.
-Portable Video-Camera SONY HDW-F900 HDVF-20A VIEWFINDER, HIGH PERFORMANCE X3 Used
CINE ALTA HDCAM EYEPIECE, SUPERCARDIOID SHOTGUN MIC, VCT-14 $4,250.20
TRIPOD PLATE, SHOULDER STRAP, RAIN COVER, C)P
MANUAL, MAINT MANUAL, AND LC-HD7 CARRY CASE
Total Replacement of Significant Inoperable Equipment: $14,921.46
EXHIBIT B (page I of 3)
Studio Area & Studio Equipment Setup
ITEM ADDITONAL DESCRIPTION AMOUNT
Studio lighting track bends to meet wall contoursSingle track lighting Tubing with ~ Single rail $ 960.
Cross Rail lighting -,,~;;22;2;2;~1 Total 15 @ $250.00 w clamps
installed = $3,750
Single track lighting tubing clamps .~ ~* ~i 6 @ $37.00 = $222
~ + ~
Electrical switch box installed with supply $630.00 Labor $200 =
breakers for lighting to meet code $830
Switcher control panel for lighting $320.00 Used
Studio camera/Tripod setup and $250
calibrated
Intercom to studio $200.00
Assembly of lights 4 1,000 watts @ $60.00 each
= $240
3 750 watts Fernels @
$40.00 = $120
3 Back light assembly install 3 (~ $40.00 = $120
Calibration of 3 cameras $680
Calibration of 3 camera body units 3 @ $450.00 = $1,350
Overall equipment cleaning $200.00
Total Studio $9,242.00
EXHIBIT B (page 2 of 3)
Editing Equipment
ITEM ADD'L DESCR. AMOUNT
Wiring, labor, pads $130.00
CCD Video Monitors assembly in rack, calibration, wiring, pads 7 x $240.00 =
$1,680
Audio RF signal generator assembly in Rack, wiring, labor, pads $120.00
Graphic Generator calibration, labor $120.00
13" Monitor assembly, wiring, labor, pads $120.00
9" Monitor BNV assembly, wiring, labor, pads $120.00
Cassette assembly, wiring, labor, pads $180.00
Studio grade CD player assembly, wiring, labor, pads $100.00
Raising of ceiling with suppods labor, pads $1,476.00
Chroma Key paint w/cudains/hangers, labor, pads $120.00
Studio adaptable flooring $1,100.00
Total Editing $5,266.00
Checkout Equipment
ITEM AMOUNT
3 VHS Camcorders calibration, assembly, labor, pads $580.00
3 li,qht kit assembly, calibration, labor, parts $230.00
3 Mic Booms from light rails, install, labor, pads $140.00
Total Checkout $950.00
Total Equipment Move/Setup/Calibration Costs $15,458.00
Exhibit B (page 3 of 3)
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 15, 2003
AGENDA ITEM: Resolution authorizing the City Manager to execute on behalf of the City of Corpus
Christi the Interruptible Water Supply Contract between Lavaca-Navidad River Authority and City
Of Corpus Christi, Texas; and providing for severance.
ISSUE: In 1993, the City of Corpus Christi and the Lavaca-Navidad River Authority ("LNRA")
entered into a Water Delivery and Conveyance Contract, and under that contract the City built the
Mary Rhodes Pipeline, completed in 1998, which presently conveys to the City 41,840 acre-feet of
water annually for municipal and in(lustrial purposes.
In 2001, the City and LNRA entere¢ into an Interruptible Water Supply Contract that made 4,500
acre-feet of interruptible water available to the City, and, subject to permitting, gave the City an
option of purchasing an additional 7,500 acre-feet of interruptible water; and
LNRA obtained authority from the Texas Commission on Environmental Quality to make the
additional 7,500 acre-feet of interruptible water available to the City. This additional 7,500 acre-feet
of interruptible water is available with a high degree of dependability and at a very economical price.
The cost of the recently acquired 4,500 acre-feet of interruptible water is 50 percent of the annual
price for firm water. Currently, the cost of firm water is $91.89. At 50 percent of the cost of firm
water, the cost of interruptible water is $45.95. The cost of the additional 7,500 acre-feet will also
be 50% of the annual contract price when we actually take delivery of the water. This amendment
also includes an option price of 30 percent of the cost of firm water for those instances when the
water is available, but City is unable to take the water. At $91.89 per acre-foot, the cost of the option
would be only $27.57, which is 20 percent less the price of the interruptible water.
The interruptible water has been very beneficial to the City, its citizens, and the customers it serves
in the long term, especially during recurring drought conditions in the Nueces River watershed.
Because the Mary Rhodes Pipeline currently has the capacity to deliver the water, the City can
utilize the interruptible water at an extremely advantageous price. Since the City has been using
the pipeline to transfer water from Lake Texana, we have been able to reduce the amount of water
drawn from the reservoir system.
The availability of this water was previously certified by Dr. Robert Brandes, a leading hydrologist
who worked for the LNRA on this matter.
REQUIRED COUNCIL ACTION: Approval of resolution.
CONCLUSION AND RECOMMENDATION: Approval of the resolution.
Attachments
Ronald F. Massey
Assistant City Manager
-159-
FIRST AMENDMENT TO IN~ERRUPTIBLE WATER SUPPLY CONTRACT BETWEEN
LAVACA-'
CIT~
This First Amendment to the Ju
Lavaca-Navidad River Authoi
Amendment") is made and en
"Effective Date" by and betwee~
City of Corpus Christi, Texas (ti
WHEREAS, on July 24
water supply contract ("the Cot
feet of water per annum on an in
WHEREAS, the City ag
LNRA for all such water, whett
4500 acre-feet of water in any y~
qAVIDAD RIVER AUTHORITY AND
OF CORPUS CHRISTI, TEXAS
y 24, 2001 Interruptible Water Supply Contract between the
ity and the City of Corpus Christi, Texas (this "First
ered into as of this __ day of 2003, the
the Lavaca-Navidad River Authority (the "LNRA") and the
"City").
2001, the LNRA and the City entered into an interruptible
tract") wherein LNRA agreed to sell to the City 4500 acre-
terruptible basis; and
reed to pumhase the 4500 acre-feet of water and to pay the
er or not the City actually took delivery of any or all of the
ar; and
WHEREAS, LNRA det~
water per annum might be avails
WHEREAS, the LNRA
receive all the necessary authori
supply of 7500 acre-feet of wate
the availability of said supply
purchase the additional 7500 acr
:mined that an additional supply of up to 7500 acre-feet of
ble on an interruptible basis; and
and the City agreed in the Contract that should the LNRA
:ations to enable the LNRA to sell and deliver the additional
r per annum to the City, the LNRA would notify the City of
nd the City would notify the LNRA if the City desired to
~-feet of water; and
WHEREAS, the City a~eed in the Contract, that should the City agree to purchase
the additional 7500 acre-feet of water that it would do so on the same terms and conditions
under the Contract for the City'ls purchase of the initial 4500 acre-feet of water per annum;
and
WHEREAS, since the titne that the parties entered into the Contract, the LNRA has
received all the necessary authorizations and through this process has determined that the
reliability of the availability o1~ the 7500 acre-feet of interruptible water is less than the
reliability of the availability of tlle initial 4500 acre-feet of interruptible water; and
WItEREAS, due to thes~ changed circumstances, the parties have determined that it
would be appropriate to agree upon new terms and conditions for the purchase and sale of the
additional 7500 acre-feet ofinte~tUptible water.
NOW, THEREFORE, i, consideration of the foregoing recitals and of the mutual
benefits and provisions hereinafter contained in this First Amendment, the LNRA and the
City agree that the Contract between the LNRA and the City is amended as follows:
IIServerladminlWtTRDICONYRACI3Intermptible Water Sup First Amendment 7500 acfl Final 062005.doc
-160-
Section 3.01 (c) is stricken and this New Section 3.01 (c) is substituted to read as follows:
(c) LNRA has determiaed that 7500 acre-feet of additional water may be
available annually on an interruptible basis in Lake Texana and has obtained
authorization from the Telxas Commission on Environmental Quality (TCEQ) to
appropriate and deliver ach additional water to the City. The City agrees to
reimburse LNRA for alii reasonable expenses incurred in obtaining TCEQ
authorization to appropri~te and deliver such additional water. The City agrees
to reimburse LNRA sucll expenses within 45 days following billing and LNRA
agrees to provide appropriate documentation of expenses if requested by the City.
(i)
If LNRA determines that the 7500 acre-feet of water or a portion thereof
is available, LNRA agrees to notify the City. After receiving notice from
LNRA that such additional water is available, the City shall have forty-
five (45) days in which to notify LNRA that it agrees to accept delivery
of such additional water. If the City decides not to accept delivery of the
additional available water, the City agrees to pay LNRA for such water
at the rate per acre-foot of water the "Option Price" of 30% of the rate
being charged for the water supplied pursuant to the December 14, 1993
Water Delivery and Conveyance Contract between LNRA and the City.
(ii)
If the City accepts delivery of the additional available water, the City
agrees to pay LNRA for such water at the rate per acre-foot of water
"Interruptible Water Rate" of 50 % of the rate being charged for the
water supplied pm'suant to the December 14, 1993 Water Delivery and
Conveyance Contract between LNRA and the City.
1N WITNESS WHEREOF, this First Amendment to the lnterruptible Water Supply
Contract dated July 24, 2001 between the Lavaca-Navidad River Authority and the City of
Corpus Christi, Texas, is executed as of the date first written above on behalf of the LNRA and
the City by their respective authorized officers, in multiple counterparts, each of which shall
constitute an original.
LAVACA-NAVIDAD RIVER AUTHORITY
By:
Sharla Vee Strauss
Board President
CITY OF CORPUS CHRISTI, TEXAS
By:
Name:
Title:
2
-161-
RESOLUTION
AUTHORIZING THE cl~rY MANAGER TO EXECUTE ON BEHALF OF
THE CITY OF CORPUS CHRISTI THE INTERRUPTIBLE WATER
SUPPLY CONTRAC3~ BETWEEN LAVACA-NAVlDAD RIVER
AUTHORITY AND CI~'Y OF CORPUS CHRISTI, TEXAS; AND
PROVIDING FOR SEVE
WHEREAS, in 1993, the City of
("LNRA") entered into a Water r
contract the City built the Mary
conveys to the City 41,840 acr,
purposes; and
~ANCE
Corpus Christi and the Lavaca-Navidad River Authority
,elivery and Conveyance Contract, and under that
',hodes Pipeline, completed in 1998, which presently
.feet of water annually for municipal and industrial
WHEREAS, in 2001, the City arid LNRA entered into an Interruptible Water Supply
Contract that made 4,500 acre-t[eet of interruptible water available to the City, and,
subject to permitting, gave the (Fity an option of purchasing an additional 7,500 acre-feet
of interruptible water; and r
WHEREAS, LNRA obtained aulhority from the Texas Commission on Environmental
Quality to make the additional 71500 acre-feet of interruptible water available to the City;
and ~
WHEREAS, this additional 7,50~3 acre-feet of interruptible water is available with a high
degree of dependability and at ~very economical price; and
WHEREAS, the interruptible walter would be very beneficial to the City, its citizens, and
the customers ~t serves ~n the long term, and would be especially beneficial during
recurring drought conditions in the Nueces River watershed; and
WHEREAS, because of the Ma~y Rhodes Pipeline the City can utilize the interruptible
water at an extremely advantageous price.
NOW, THEREFORE, BE IT RE~;OLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager is authorized to execute on behalf of the City of Corpus
Christi the Interruptible Water SUpply Contract Between Lavaca-Navidad River Authority
and City of Corpus Christi, Texas which is attached to this ordinance as Exhibit A and
incorporated into this ordinance for all purposes.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word, or provision of this resolulJion is held invalid or unconstitutional by final judgment
of a court of competent jurisdictibn, it does not affect any other section, paragraph,
subdivision, clause, phrase, world, or provision of this resolution for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision of this ordina~lce be given full force and effect for its intended
purpose.
R33718A1
-162-
16
CITY COUNCIL
AGENDA MEMORANDUM
July 15, 2003
AGENDAITEM:
An ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year
beginning August 1, 2003; to be filed with the County Clerk; appropriating monies as
provided in the budget; and providing for severance.
ISSUE:
The City Charter requires the City Council adopt the annual operating budget appropriating
proposed revenues and expenditures prior to August 1st of each year.
BACKGROUND:
The proposed FY2003-04 Operating Budget was submitted to the Council on May 26,
2003. Subsequently, the Council has received four presentations covering various
departments, funds and issues.
On July 8, 2003, the audit committee presented to Council recommendations for
adjustments to the proposed budget. These adjustments are referenced as Amendment
#1, and are delineated in the attached "Amendments to the FY2003-04 Proposed Budget"
schedule.
FUTURE COUNCIL ACTION:
July 22, 2003 - Second reading of Ordinance adopting the City of Corpus Christi Operating
Budget for FY2003-04, to be amended as needed subject to receipt of Certified Tax Roll
from Nueces County Appraisal District.
REQUIRED COUNCIL ACTION:
Approval of Ordinance as submitted, adjusted for any amendments made by Council.
M aCrl~ McD~'nie~
Executive Director of Support Services
Ordinance X
Schedule of Amendments to the FY2003-04 Proposed Budget X
-165-
City of Corpus Christi
Amendments to the FY2003-2004
Water Fund- 4010 I
Proposed Revenues
Ad/ustments:
Amend#1 Additional 1%increase
Total Adjusted Revenue~
Gas Fund- 4130
Proposed Revenues
Ad/ustments :
Amend#1 Additional 1% increase in
Total Adjusted Revenues
lroposed Budget
Utility Rates to fund additional projects
Utility Rates to fund additional projects
$ 76,241,730
381,378
$ 76,623,108
$ 35,236,709
120,560
$ 35,357,269
WasteWater Fund- 4200 I
Proposed Revenues
Adjustments:
Amend#1 Additional 1% increase in Utility Rates to fund additional projects
Total Adjusted Revenues
$ 32,771,184
302,364
$ 33,073,548
General Fund - 1020
Proposed Revenues
Ad/ustments:
Amend#1 Increase Advalorem tax~s per preliminary tax roll from Appraisal District
Amend#1 Decrease Sales tax estimates
Total Adjusted Revenue$
Proposed Expenditures
Ad/ustments:
Amend#1 Add Operations Performance Review section
Total Adjusted Expenditures
$ 146,358,206
902,866
(802,866;
$ 146,458,206
$ 146,358,206
100,000
$ 146,458,206
Proposed Revenues all Funds
Amend#1
Revised Revenues - all Funds
Proposed Expenditures all Funds
Amend#1
Revised Expenditures - all Funds
$ 465,424,223
904,302
$ 466,328,525
$ 464,327,103
100,000
$ 464,427,103
-166-
AN ORDINANCE
ADOPTING THE CITY (~F CORPUS CHRISTI BUDGET FOR THE
ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2003; TO BE FILED
WITH THE COUNTY CLERK; APPROPRIATING MONIES AS
PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE.
WHEREAS, the City Manager pf the City of Corpus Christi (City), pursuant to Article IV,
Section 2 of the City Charter, c~id submit to the City Council a budget proposal (Budget
Proposal) of the revenues of tile City, and the expenses of conducting the affairs
thereof for the ensuing fiscal ygar beginning August 1, 2003, and ending July 31, 2004,
and wh ch Budget Proposal had been compiled from detailed information from the
several departments, divisions~ offices of the City, in accordance with the City Charter
provision referenced above; and
WHEREAS, the members of the City Council have received and studied the City
Manager's Budget Proposal and have called and held the proper hearing in accordance
with Section 102.006, Texas Local Government Code, on the Budget Proposal; and
WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus
Christi, Texas, the City Council must appropriate such sums of money as provided in
the Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Budget of the City of Corpus Christi, covering proposed
expenditures amounting to $464,427,103 and estimated revenues amounting to
$466,328,525 for the Fiscal Year beginning August 1, 2003, and ending July 31, 2004,
as submitted by the City Manager, with modifications directed by the City Council and
recorded in its minutes being incorporated by reference, is adopted.
SECTION 2. That upon the passage of this ordinance certain sums of money from all
sources of City revenues, as described in the Budget, shall be and they are
appropriated to cover the sums for expenditures and investments as provided for each
of the several funds in the attachment to the City Manager's Message (entitled City of
Corpus Christi Summary of Expenditures FY 2003-2004) of the Budget of the City, as
modified by the City Council. Notwithstanding any other provision to the contrary, the
City Manager is authorized to make transfers within departments, divisions, purposes,
or funds, provided it is in accordance with applicable law.
SECTION 3. Police Officer Ppsitions
The number of positions budgeted for each police officer classification in the Police
Department shall be:
-167-
Police officer and senior police officer - 386*
Lieutenant - 36 '
Captain - 17 **
Commander - 6
Assistant Chief - 2 ***
Chief- 1
FY03-04 TOTAL 448
* These positions are i,nterchanl
officer after 30 months service
temporarily increased by gradu;
Manager, which temporary incr~
attrition. As the number of capl
below, one permanently budget
simultaneously added as each
** The number of captain positi~
captain position occurring for ar
retirement, or demotion. The n~
leable. Any police officer may become a senior police
~y passing a pass/fail exam. This number may be
~tes from a police academy authorized by the City
~ase shall be reduced to authorized strength through
~in and assistant chief positions is reduced as provided
~d police officer/senior police officer position is
:aptain or assistant chief position is so reduced.
ms is reduced to 16 effective upon a vacancy in a
~y reason, including but not limited to termination,
~mber of captain positions is reduced to 15 effective
upon a vacancy in a second captain position occurring for any reason, including but not
limited to termination, retirement, or demotion.
*** The number of assistant chit~f positions is reduced to one effective upon a vacancy
in an assistant chief position oqcurring for any reason, including but not limited to
termination, retirement, or dem~)tion.
SECTION 4. Firefighter Positiqn
The number of positions budg~ed for each firefighter classification in the Fire
Department shall be:
Firefighter - 134*
Firefighter II - 167
Fire Captain - 78
District Fire Chief - 9
Assistant Fire Chief - 4
First Assistant Fire Chief - 1
Fire Chief- 1
FY03-04 TOTAL 394
*This number may be temporarily increased by graduates from a fire academy
authorized by the City Manager, which temporary increase shall be reduced to
authorized strength through atffition.
H:~leg-dir\shared\vcromcatlisakFY03-04Budget
-168-
SECTION 5. That upon final passage of this budget ordinance, a true certified copy of
this same ordinance shall be transmitted by the City Manager to the County Clerk of
Nueces County, Texas, pursuar~t to Section 102.011, Texas Local Government Code.
The budget shall also be part of the archives of the City.
SECTION 6. If for any reason ~ny section, paragraph, subdivision, clause, phrase,
word or provision of this ordinahce shall be held invalid or unconstitutional by final
judgment of a court of compete~nt jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City CounCil that every section, paragraph, subdivision, clause,
phrase, word or provision in this ordinance be given full force and effect for its purpose.
H:~leg-diflshared\veronicaqisakF Y03 -04 B udgel
-169-
'17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 15, 2003
AGENDA ITEM:
AMEND1.NG THE CODE OFIORDlrNANCES BY REVI'SZNG SECTTON 39-303,
STANDARD CLASSI'FTCATI'ONS, PAY PLANS, PAY GRADES, AND RANGES, AS
AMENDED; REV];SI'NG SECT[ON 39-304, CLASSI'FI'ED SERVTCE DEFI'NED, AS
AMENDED; REVZS]*NG SECTI'0N 39-349, PLAN 1'1', PERSONAL LEAVE FOR PLAN 1'1'
EMPLOYEES, AS AMENDED~. REVi'STNG SECT1.ON 39-318, D1*SCRETZONARY
PAYMENT OF I'NVOLUNTARY TERM1*NAT]*ON, AS AMENDED; REPEALING ALL
OTHER ORD1*NANCES, AND RULES, OR PARTS OF ORD]'NANCES,, AND RULES, 1N
CONFL1*CT WI*TH TH]*S ORDI*NANCE; AND PROV1*D1'NG FOR SEVERENCE.
ISSUE:
Zmplementation of the New Classification/Compensation
Plan (Phase 2)
The continuing goal for the City of Corpus Christi is to deliver high quality
services with fewer, more qualified, and better compensated employees. As
with Phase 1 of the implementation of the New Classification/Compensation
Plan, Phase 2 is proposed to be funded with significant budget reductions and
deletion of vacant positions.
Effective _~uly 28, 2003, all Pay Plan Structures in Sec. 39-303 of the City of
Corpus Christi's Code of Ordinances shall receive a 3% increase to pay range
minimums and midpoints to adjust the structure from 90% to 93% of market,
and a 2% increase to maximums needed to maintain market at 100%.
Employees in those Pay Plans shall be granted a 3% pay increaser except for
employees at the maximums of their pay ranges who shall receive a 2% pay
increase the maximum percentage needed to bring their pay to 100% of
market.
Effective December 1, 2003, all Pay Plan Structures in Sec. 39-303 shall
receive a 2% increase to pay range minimums and midpoints to adjust the
structure from 90% to 93% of market, and 0% increase to maximums that
were adjusted to :[00% of market effective .~uly 28, 2003. Employees in those
Pay Plans shall be granted a 2% pay increase, except for employees who have
-173-
reached the maximums of tl~eir pay ranges and have been at 100% of market
since July 28, 2003.
The pay increases in August and December 2003 will assist employees with
the increased premium cost for Group Health Insurance, increased co-pays,
out-of-pocket maximums for hospitalization, and prescription co-pays that
become effective August 1, 2003.
Pilot Skill-Based Pay IProgram Scheduled for August 2003
A Pilot Skill-based Pay Program has been developed for approximately 74
employees working in the Water Production Plant and multiple Wastewater
Treatment Plants that have ~undergone re-engineering with the installation of
computerized work management systems.
Approximately 13 position tiltles have been consolidated into two new titles of
Water Production Technician and Wastewater Treatment Technician. Each of
these titles have core skills assigned to skill-based pay ranges that are
designed to reward continuous learning and developmulti-skilled workers.
The design of the Skill-Based Pay Pilot has been accomplished with the
participation of:
Consultants with the Waters Consulting Group, Inc.;
Skill-Based Pay Steering Committee appointed by the City Manager,
Employee Subject Matter Expert (SME) Teams of employees from the
Water and Wastewater Plants who perform the work and can identify
core skills;
Each department's management team and department heact
The Pilot is tentatively scheduled for implementation the pay period beginning
August 11, 2003. Implementation for skill-based pay programs in other utility
operations and Police Communications will tentatively follow as early as
January 2004 and continue with other departments over the next fiscal year.
Effective August 11, 2003, if approved by Council, a new Skill-Based Pay Plan
100 shall be added to establish initial pay grades and ranges at 93% of market
for transitioning employees in applicable Pay Plans into Skill-Based Pay Plan
-174-
100 without any loss of palY. Transitioned employees shall have previously
received their 3% pay increase on July 28, 2003, except for employees at the
range maximums who shall have received a 2% pay increase the maximum
needed to bring their pay to 100% of market.
Effective 12/1/03, if approved by Council, a 2% increase to Skill-Based Pay
Plan 100 range minimums and midpoints, and 0% to maximums shall be
granted. Employees in Sl~ill-Based Pay Plan 100 shall receive a 2% pay
increase, except for employees who have reached the maximums and are at
100% of market since ]uly 28, 2003.
A limited Performance-Based/Merit Pay Program, similar to the one used in FY
2001-2002 is proposed to continue for FY 2003~2004 for employees in
departments and divisions t~hat are not conducive to a skill-based pay system
or that have not yet been scheduled for skill-based pay development.
See Background Attachment ! for more information.
Proposal for revisions to Chapter 39 of the City Of Corpus
Christi's Code Of Ordinances to Reflect Proposed Pay
Increases and "Housekeeping" Language Revisions
Each year a "housekeeping" Ordinance is prepared for the City Council to:
Revise Pay Plans in Code of Ordinances, Chapter 39, Personne!, Sec. 39-
303, Standard classifications, Pay Grades, and Ranqes, to reflect pay
increases, if any, as directed by the City Council;
Revise language in Code of Ordinances, Chapter 39, Personne!, if any,
to clarify, add, delete, or update administrative rules and provisions
related to compensation, classification, benefits, etc.
See Background Atl~chment ! for more information.
REQUIRED COUNCIL ACTION: Requesting the City Council to approve
revisions to the City of Corpus Christi's Code of Ordinances, as amended,
Chapter 39, Personnel, for administration of the Compensation & Classification
Plan for FY 2003-2004.
-175-
FUNDTNG: The estimated cost for Phase 2 of the Compensation and
Classification Tmplementation Plan is $3,140,665 which has been incorporated
into the City's budget for FY 2003-2004. That includes $1,584,845 in the
General Fund. Phase 2 is I~roposed to be funded through significant budget
reductions and elimination of many vacant positions. :In addition, $608,972
has been budgeted in applicable funds for Skill-Based Pay Programs, that
includes $50,000 for the General Fund, plus $77,972 for Police Dispatchers
proposed to be funded from the $.:L0 increase from the 911 Fee.
CONCLUSION AND RECOMMENDAT]:ON: Competitive compensation and
benefits package, re-engineering, and implementation of Skill-Based Pay
Systems are components that support the City of Corpus Christi's continuing
goal to deliver high quality services with fewer, more qualified, and better
compensated employees. It is recommended that the City Council approve
the proposed revisions to the Code of Ordinances, Chapter 39, Personnel, that
will support this goal for FY 2003-2004.
Cynthia C. Garda
Director of Human Resources
Attachments:
-176-
BACKGROUND ZNFORMATZON
Compensation and Classification Study in 2001-2002
In FY 2002-2003, the City of Corpus Christi successfully implemented the
Compensation & Classificat~ion Study conducted in FY 2001-2002 to meet
departmental business objectives, such as:
Replacing the City's aging, obsolete system;
Attracting and retaining qualified employees;
Supporting re-engineering efforts for the Departments of Water,
Wastewater, Storm Water, Gas, Streets, Solid Waste Services, and the
Park Maintenance Division through development and implementation of
skill-based pay systems;
Providing solutions for citywide compensation issues such as, internal
equity of jobs within designated pay grade levels;
Designing competitive pay plans;
Providing the Council with an affordable phased-in implementation plan
that began last fiscal year and will continue in FY 2003-2004 with Phase
2 of the Plan;
The City of Corpus Christi's goal is to reach 100% of competitive labor market
rate for like positions within five years and, as guided by annual surveys, stay
even with market movement from year to year.
Tn FY 2002-2003, the new Compensation and Classification Plan was
implemented. Employees, excluding Police and Fire covered by collective
bargaining agreements, were transitioned into new pay plans. Most
employees received a pay increase based on a pay range in each pay plan that
was adjusted to reflect a mid-point pay level that was approximately 90% of
the competitive labor market rate. In the transition in FY 2002-2003 of
-177-
employees into the new Pay~ Plans, 86% of the implementation dollars went to
Non-exempt (overtime eligible) employees largely due to bringing eligible
employees up to the minimum of the new pay plan ranges. Other employees
received pay adjustments ranging from 1% to 2.3% based on a combination
of longevity and location of their pay in the new ranges at time of transition.
Skill-Based Pay System Pilot:
Skill-Based Pay Programs Support re-engineering and the development of
multi-skilled workers throu~lh rewarding employees who continuously learn
and acquire increasingly complex core skills required for a department to meet
its business objectives.
Skill-Based Pay programs reward employees with compensation based on
attainment of core skills instead of position titles held. This type of
compensation program supports re-engineering through development of
highly skilled workers to operate complex facilities, such as the O.N. Stevens
Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee
compensation is based on attainment of proficiency on sets of skills and
meeting other pay advancement criteria, e.g. "Meets Expectations"
Performance Evaluation and no disciplinary actions in specified time period.
Pay advancements are automatic upon the employee completing all
requirements.
The Work Management System (IvlAXIMO) used by the Water and Wastewater
Departments is being interfaced with the PeopleSoft Training Module in the
City's Human Resources/Payroll System. Work Coordinators (supervisors),
Planner/Schedulers, and Skill-Based Pay Coordinators will work closely with
employees and each other to ensure that training opportunities on required
skills will be available. Computerized reports that track on-the-job training on
Work Orders will facilitate administration of the SkilFBased Pay Program.
Employees who are part of the Pilot in the Water and Wastewater Plants will
receive initial training on the Skill-Based Pay Program and information that will
enable them to understand how they will be phased into the new Skill Based
Pay Plan 100 pay structure, and what actions they must take to receive
automatic pay increases upon completion of skill sets.
Skill-Based Pay Programs provide career opportunities for local high school or
GED graduates to enter a career path, such as a Water Production Technician,
Wastewater Treatment Plant Technician, or other titles that will result from
-178-
continuation of skill-based pay development~ Skill-Based Pay offers
competitive wages for being multi-skilled in a complex area of City operations.
In addition, the City's Pilot Skill-Based Pay System provides for hiring
applicants above minimum olf the range with demonstrated skills and a valid
TCEQ license to operate a W~ater Production Plant or WastewaterTreatment
Plant since skill proficiency determines compensation in a skill-based
compensation plan.
Summary of Language Changes to Code of Ordinances~
Chapter 39, Personnel, for FY 2003-2004
Amend Sec. 39-304, Classified Service Defined, to include positions
assigned to the City Secretary's Office;
Amend Sec. 39-349, Plan II: Personal Leave For Plan I:[ Employees, to be
consistent with language in Plan ! which states that Personal Leave may
be used in the first six months of employment with the City of Corpus
Christi.
Amend Sec. 39-318 to prevent employees from obtaining both
unemployment and severance pay for involuntary termination, including
requested resignationS.
Prepared by the Human Resources Department
July 10, 2003
D:~Agenda Pkg 03 04~AGENDA with legal input 7 8 03.DOC
C:\Sharon's Documentgxmydocuments~AGENDA with legal input 7 8 03.DOC
A:\Ordinance 03 04 as of 7 l0 03,doc
-179-
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-303,
STANDARD CLASSIFICATiONS, PAY PLANS, PAY GRADES, AND RANGES,
AS AMENDED; REVISING SECTION 39-304, CLASSIFIED SERVICE
DEFINED, AS AMENDED; !REVISING SECTION 39-349, PLAN II, PERSONAL
LEAVE FOR PLAN II EMP~.OYEES, AS AMENDED; REVISING SECTION 39-
318, DISCRETIONARY PAYMENT OF INVOLUNTARY TERMINATION, AS
AMENDED; REPEALING ALL OTHER ORDINANCES, AND RULES, OR
PARTS OF .ORDINANCES,__ AND RULES, IN CONFLICT WITH THIS
ORDINANCE, AND PROVIDING FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Section 39-303 of the Code of Ordinances of the City of Corpus
Christi, Texas is revised to read as follows:
Sec. 39-303. Standard Classifications, Pay Grades, and Ranges.
(a)
Classifications Thc ~'~'~;~'"'~*;~"~o of '~'~-~ ....... ¢ *~ ";~' °~" ;"~"~*
thi= =cc~c~. The classifications of employees of the CiW will include Pay
Plan 100 (SkilI-Base~ Pay); Pay Plan 200 (Temporaff/PaK-Time); Pay
Plan 300 (Police and Fire Managerial Positions that are not covered in
Collective Bar~ainin~ A~reements or in Executive Pay Plan 400}; Pay
Plan 400 (Executive~); Pay Plan 500 (Le~al/AEorney); Pay Plan 600
(FLSA Ove~ime Exempt); Pay Plan 700 (Informat on Technology); Pay
Plan 900 (FLSA Ove~ime Eliqible), as set fodh in this Section. This
Section does not ap~ly to Police and Fire employees covered by collective
bar~ainin~ a~reemeqts.
(b)
thc
FLSA
Mi.n!..mu..m
-180-
2
(b)
Pay Plan 100. SkilljBased Pay Plan 100 includes pay range structures
established for admihistration of the Citywide Skill-Based Pay System.
The City Manager is ,,authorized to add Skill-Based Pay Range Structures
and training pm.qra[ns throughout the fiscal year as iob titles are
consolidated and tra0sitioned from existing pay plans in Chapter 39, Sec.
39-303 into SkilI-Ba~ed Pay Plan 100. The pay grades and ranges for
positions in Skill-Based Pay Plan 100 are as follows:
Pay Plan 10~, Citywide Skill-Based Pay System
Grades Zone Sub-Zone 8/11/03 (3%) 12/01/03 (2%)
101 & 1 1.0 15,047 15,348
10~2 1 1..._~1 15,348 15,655
I 1.2 15,655 15~968
1 1.3 16,281 16,607
1 1.4 16,932 17,271
1~ 1._.5 17,609 17,961
2 2.~1 18,666 19,039
2 .2.2 19,786 20,182
2 2.3 20,973 21,392
2 2.4 22,231 22,676
2 2.5 23,565 24,036
2 2.6 24,979 25,479
2 2..7 26,478 27,008
H:\Leg~dir\Susan\Ordinance as of 7 10 03 SH 2
-181-
_3 3.~1 28,596 29,168
3 3.2 30,884 31,502
~3 3.3 33,355 34,022
3 3.4 36,023 36,743
3 3.5 40,346 41,153
3 3.6 45,187 46,091
~3 3.7 * 52,245 * 52,245
* Maximum in FY 2002-20(~3 was 100% of market; for FY 2003-2004, adjusted
2% for labor market moverqent 7/28/03; no further market adjustment needed to
remain at 100% on 12/1/03,,therefore 0% adjustment.
711 ~9¢87-
712 28~48
713 oo ~
714 o~ nnq 37,504
715 27,503
716 ~
717 ~ vq~
718 37,e!5
720 ~
811 49¢,87 28¢68 42,733
812 ~ ~,~ A")O A~ ~
813 '>o ~'~'~ 34r2-60 ~n ~.
814 25,903 ~v ~nA ~ ~
815 ov ~n~ ~ o~ 60 874
816 ~ ~ ~v ~v o~
818 ~v ~ ~ AOO ~ o~
H:\Leg-dir\Susan'xOrdinance as of 7 10 03 SH 2
-182-
93,2~d
(c)
Pay Plan 200. Pay Pllan 200 includes hourly temporary positions that are
not covered in the I~LSA Overtime Eligible Pay Plan 900. The Ci!y
Manager is authorized to make changes to this pay structure in
subparagraphs (1) arid (2) below throughout the fiscal year as required,
such as for minimumiwa.qe chan.qes as required by federal law. The pay
grades and ranges foI positions in Pay Plan 200 are as follows:
Pay Plan 200, Tempor~rylPart-Time Pay Structure, Effective 7~28~03
Grade Minimu~ Midpoint Maximum
'211 $5.15 $5.15 ;5.15
*'212 $6.00 $8.00 ;10.00
213 ~7.23 $9.22 ;12.28
214 ~8.48 ;10.80 $13.81
215 ;9.24 ;11.77 $15.05
216 111.12 ;14.18 $18.13
* Minimum Wage
** Adiusted to comply with ~tate Law and the pa,/received by election workers
for other local entities.
Pay Plan 200, Tempor~ryIPart-Time Pay Structure~ Effective 12101103
Grade Minimqm Midpoint Maximum
'211 $5.15 $5.15 ;5.15
*'212 $6.00 $8.00 $10.00
213 ~7.38 $9.40 H2.28
214 ~8.65 ~11.02 ;13.81
215 ~;9.42 ;12.01 ;15.05
216 ~;11.35 ~14.47 $18.13
* Minimum Wa.qe
** Adiusted to comply with,State Law and the pay received by election workers for
other local entities.
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-183-
5
611 oo ~r~ '~n oo'~ 40~2~
612 ~ 32,e~
613 ~ ~ ~
2~, ,~ 38,~94 ~,=° 4=n,~
615 ~ 42,272
617 ~ v~a ~ ~
(d)
Pay Plan 300: Pay iPlan 300 will include the manaqement positions that
are not covered in ti]e collective bargaining agreements or Pay Plan 400
(Executives). Salary,ranges in Police and Fire Manaqerial Pay Plan 300
will maintain a minimum 5% differential (1) between the ranqe minimum
for Police Commanc~ers and Fire Assistant Chiefs in the Police and Fire
Manaqerial Pay Plaq 300 and the entry step for Police Captain and Fire
District Chief as stared in the applicable contract; and (2) between the
ranqe maximum for police Commanders and Fire Assistant Chiefs in the
Police and Fire Manp.qerial Pay Plan 300 and the highest step for Police
Captain and Fire District Chief as stated in the applicable contract. The
City Manager is authorized to make chanqes to this pay structure as
required throughout the fiscal year to be in compliance with the effective
salary ranges adopted in the applicable Police and Fire Collective
Bargaining Contract~. The pay grades and ranges for positions in Pay
Plan 300 are as follows:
Pay Plan 300, Pplice & Fire Mana.qerial, Effective 7~28~03
3% 2%
Grade Minimum Midpoint Maximum
311 72,295 79,305 85,477
312 72,295 79,305 85,477
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-184-
6
Pay Plan 300, Policq & Fire Managerial, Effective 12101103
3% 3% 0%
Grade MinimU~m Midpoint Maximum
311 73~741 80,891 85,477
312 73,741 80,891 85,477
511 o~ ~
512 -29.283
513
514 35,272
515
516 d3,2~d
517
5~8
111 o~ ~c 36~596
114 ~ o7~ 4~ 735 ~ ~n~
115 ~ 5!,643
116 ,** ~ 57,325
117 48,24! ~ ~,~,
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-185-
7
Pay Plan 400. Pay Plan 400 will include positions at the highest level of
decision-making and responsibility. The pay grades and ranges for
positions in Pay Plan 400 are as follows:
Pay Plan ,~00, Executives, Effective 7~28~03
3% 3% 2%
Grade Minimu n Midpoint Maximum
411 30~281 40,123 54,757
412 33,006 43,734 59,685
413 36,159, 47,910 65,384
414 39,973', 52,965 72,282
~415 44,390; 58,817 80,270
416 49,7401 65,905 89,941
417 55,9821 74,175 101,229
418 62,610 82,958 113,216
419 63,287i 83,855 114,439
420 70,752i 93,745 127,937
421 71,546 94,798 129,373
422 79,305~, 90,763 101,229
423 80,883 107,169 146,257
424 90,763 103,162 114,439
430 City M~na.qer No Range No Ran.qe
Pay Plan 400, Executives, Effective 12101/03
3°,/o~ 3% 0%
Grade Minimqm Midpoint Maximum
411 30,887 40,925 54,757
412 33,666. 44,608 59.685
413 36,882. 48,869 65,384
414 40,773 54,024 72,282
415 45,278, 59,993 80,270
416 50,735 67,223 89,941
417 57,101 75,659 101,229
418 63,862. ! 84,617 113,216
419 64,553; 85,532 114,439
420 72,167. 95,620 127,937
421 72,977 96,694 129,373
422 80,891 92,578 101,229
423 82,500, 109,313 146,257
424 92,578 105,225 114,439
430 City M~na.qer No Ran.qe No Ran.qe
H:\Leg-dir\Susan\Ordinance as of 7 l 0 03 SH 2
-186-
(f)
3% 3~% 2~°/o
Grade Minimum Midpoint Maximum
411 29~; -38¢84 53,683
,112
415 ~
417 ~ ~
~ 6!,444
~ ~ ~ 126,838
423 ~* ~ !04,048
~ ~ 100,!57
(f)
Pay Plan 500. Pay plan 500 will include positions focused on delivery of
le.qal services, except those positions in Pay Plan 400 (Executives). The
pay grades and ran.qCs for positions in Pay Plan 500 are as follows:
Pay Plan 500(a), Exempt (Overtime Ineli.qible), (Legal/Attorneys),
Effective 7/28103
3% 3_%% 2%
Grade Minimym Midpoint Maximum
511 27,671, 36,664 50,036
5~ 30,161; 39,964 54,540
513 33,02~ 43,761 59,721
514 36,339 48,137 65 693
515 40,14¢ 53,192 72,593
516 44,56~ 59,045 80,580
517 49,68~ 65,837 89,849
518 55,65~ 73,739 100,633
HSLeg-dir\Susan\Ordinance as of 7 10 03 SH 2
-187-
Pay Plan 500(a), Exempt (Overtime Inel .qible), Le.qal/Attornevs),
Effective 12/01/03
3% 3% 0%
Grade Minimqm Midpoint Maximum
511 28,224 37,397 50,036
512 30,765i 40,763 54,540
513 33,687 44,636 59,721
514 37,057;i 49,100 65,693
515 40~948i 54,256 72,593
516 45,453i 60,226 80,580
517 50,682i 67,153 89,849
518 56,765 75,214 100,633
Pay Plan 500(b), Non-I~xempt (Overtime Eligible), (Le.qallAttornevs).
Effective 7128/03
3% 3% 2~%
Grade MinimL~m Midpoint Maximum
111 27,671 36~664 50,036
112 30,161, 39,964 54,540
113 33,027, 43,761 59,721
114 36f330, 48f137 65,693
115 40,145 53,192 72,593
116 44,562 59,045 80,580
117 49,688 65,837 89,849
118 55,652, 73,739 100,633
Pay Plan 500(b), Non-I~xempt (Overtime Eli.qible), (Lega IAttornevs),
Effective 12/01103
3% 3% 0%
Grade Minimu~ Midpoint Maximum
111 28r224 37,397 50,036
112 30,765 40,763 54,540
113 33,687 44,636 59,721
114 37f057 49,100 65,693
115 40,948 54,256 72,593
116 45,453 60¢226 80,580
117 50,682 67,153 89,849
118 56,765 75,214 100,633
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-188-
10
Gra~e
311
312
M!n!mu:
79,!89
79,!89
Pay Plan 600. Pa
desiRnated as exem
Pay Plan 700 (Inforn
Pay Plan 300 (Po
(Executives). The pt
are as follows:
83,80!
Plan 600 will include all positions that may be
from overtime under the FLSA except positions in
lation Technoloqy), Pay Plan 500 (Legal/Attorney),
ice and Fire Manaqerial), and Pay Plan 400
y grades and ranqes for positions in Pay Plan 600
Pay Plan 6001 Exerppt (Overtime IneliRible), Effective 7/28103
3% 3% 2%
Gmde Minimu~ Midpoint Maximum
811 23,494 31,130 41,646
612 25,374 33,620 44,977
613 27,531 36,478 48,800
614 30,009 ~39,762 53,193
615 32,860 143,540 58,248
616 36,147 47,895 64,073
617 39,943 52,924 70,802
618 44,337 58,747 78,591
619 49,437 55,504 87,631
620 55,370 73,365 98,150
Pay Plan 600, Exerript (Overtime Ineli.qible), Effective 12/01/03
2% 2% 0%
Grade MinimHm Midpoint Maximum
611 23,964. 31,752 41,646
612 25,882 34,293 44,977
613 28,081. 37,208 48,800
614 30,609 40,557 53,193
615 33,517 44,411 58,248
616 36,870, i48,853 64,073
617 [40 742 53,983 70,802
61~8 145,224 59,922 78,591
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-189-
11
619 50,42q 166,814 87,631
620 156 477 174',832 98,150
211
212
213 7.02~ ~ !2.0d
214 8.23 ~ !3.54
215
~"~ 4n ~n 13.77 17.77
Pay Plan 700. Pay P~lan 700 will include positions focused on providing
the nformation techn~olog¥ infrastructure for the City. The pay .qrades and
ranges for positions ip Pay Plan 700 are as follows
Pay plan 700(a), Non-Exempt (Overtime Eligible), (Information Technology),
Effective 7128/03
3% 3% 2%
Grade Minimqm Midpoint Maximum
711 19,886 29,829 43,588
712 21,576. 32,365 47,292
713 23,518 35,278 51,549
714 25,753 38,629 56,445
715 28,328, 42,493 62,091
716 31,3031 i46,955 68,611
717 34,747, i52,120 76,158
718 38,743 58,115 84,918
719 43~3931 ~5,089 951109
720 48,817 73,226 106,999
H:\Leg-dir\Susan\Ordinance as of 7 l 0 03 SH 2
-190-
12
Pay plan 700(a), Non-Exerppt (Overtime Eligible), (Information Technology),
Effective 12/01103
2% 2% 0%
Grade Minimpm Midpoint Maximum
'711 20,284 30,426 43,588
712 '22,008 33,012 47,292
713 23,988 35,983 51,549
714 26,268 39,402 56,445
715 28,895 43,343 62,091
716 31,929 47,894 68,611
717 35,44~ 53,162 76,158
718 39,51~ 59,277 84,918
719 44,261 66,391 95,109
720 49,794 74,690 106,999
Plan 700(b), Exempt (Overtime Ineligible), (Information Technoloqv),
Effective 7128103
,3% 3% 2%
Grade Minimum Midpoint Maximum
811 19,88q 29,829 43,588
812 21,57q 32,365 47,292
813 23,51~ 35,278 51,549
814 25,75~ 38,629 56,445
815 28,32~ 42,493 62,091
816 31,30~ 46,955 68,611
817 34,74~ 52,120 76,158
818 38,74~ 58,115 84,918
819 43,39~ 65,089 95,109
820 48,81~ 73,226 106,999
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-191-
13
Plan 700(b), Exempt (Overtime Ineligible), (Information Technology),
Effective 12101/03
2% 2% 0%
Grade Minimum Midpoint Maximum
811 20,284 30,426 43,588
812 22,00~ 33,012 47,292
813 23,98~ 35,983 51,549
814 26,26~ 39,402 56,445
815 28,89~ 43,343 62,091
816 31,92~ 47,894 68,611
817 35,44~ 53,162 76,158
818 39,51~ 59,277 84,918
819 44,261 66,391 95,109
820 49,794 74,690 106,999
i. Pay Plan 900. Pay Plan 900 will include all employees not classified in
another pay plan in this Seqtion. Pay Plan 900 will include positions that are not
designated as exempt under the FLSA. The City Manager will periodically review
positions and take corrective action, as required, to assure they are properly
classified under the FLSA. The pay f:lrades and ranges for positions in Pay Plan
900 are as follows:
Pay Plan 900, Non-Exernpt (Overtime Eli.qible), Effective July 28, 2003
3% 3%
Grade Minimpm Midpoint :Maximum
)11 15,047 19,185 25,560
912 16,251 20,721 26,477
913 17,633 22,482 28,728
914 19,220 24,505 31,314
915 21,045 26,833 34,288
916 23,149 29,516 37,717
917 25,580 32,615 41,677
918 28,394 36,202 46,261
919 31,659 40,366 51,580
920 35,459 45,210 57,770
921 39,891 50,861 64,990
H:\Leg-dir\Susan\Ordinance as of 7 l0 03 SH 2
-192-
14
Pay Plan 900, Non-E~(empt (Overtime Eli.qible), Effective 12101103
2% 2% D%
Grade Minimum Midpoint Maximum
911 15,348 19,569 25,560
912 16,576 21,135 26,477
913 17,9~5 22,931 28,728
914 19,6C4 24,995 31,314
915 21,4~6 27,369 34,288
916 23,612 30,106 37,717
917 26,042 33,267 41,677
918 28,9~2 36,926 46,261
919 32,2~3 41,173 51,580
920 36,1~8 46,114 57,770
921 40,6~9 51,879 64,990
SECTION 2. Section 39-304 of the Code of Ordinances of the City of Corpus
Christi, Texas, is revised to read as follows:
Sec. 39-304, Classified Service Defined.
(a)
The Classified Service includes all positions not exempted in this Section.
The following are exempt from the Classified Service and, therefore, are
not covered by rules and regulations of the Civil Service Board:
all positions within the following pay plans: Pay Plan 700
(Information Technology), Pay Plan 600 (FLSA Exempt), Pay Plan
500 (Legal/Attorneys), Pay Plan 400 (Executives), and Pay Plan
300 (Police and Fire Managerial).
all positions i~n the Mayor's office, and all positions in the City
Secretary's Office.
any position that functions as the principal secretary or assistant to
the City Manager, ~, Assistant City Manager,
Executive Dirf~ctor, Municipal Court Judge, Department Director,
Assistant Department Director, City Secretary, City Attorney,
Assistant City Attorney.
temporary employees.
all members of the Police and Fire Collective Bargaining Unit.
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-193-
15
Any employee serving in a position not included in the Classified Services
serves at will, at the pleasure of the City Manager (or the City Council if
appointed by the Cit~ Council), and will have and continue such at-will
status notwithstanding any other ordinance, rule, or regulation of the City.
No officer or employee of the City may waive or modify the at-will status of
any position described in this Section. Provided, however, Police and Fire
positions are governed by collective bargaining agreements and state law
as to job status.
SECTION 3. Section 39-349 of the Code of Ordinances of the City of Corpus
Christi, Texas, is revised to read as follows:
Sec. 39-349. Plan II personal leave for Plan II employees.
Effective August I of each year, each Plan II Employee will receive 40 hours of
personal leave to be used under guidelines promulgated by the City Manager, or
designee. Personal leave hours must be requested and approved in advance
like vacation accrual, but are non-cumulative. Personal Leave must be taken
within the fiscal year received. Personal Leave, if any, may be used within the
first 6 months of employmerlt with the City."
SECTION 4. Sec. 39-3'18 of the Code of Ordinances of the City of Corpus
Christi, Texas, is revised to read as follows:
Sec. 39-318. Discretionary Payment for Involuntary Termination
(a)
The City Manager may, at this discretion, authorize lump sum payments
for involuntary terminiation, includinq requested resiqnations, in amounts
not to exceed the equivalent of six (6) month's waqes for the applicable
employee.
(b)
Notice of termination may or may not be given, at the City Manager's
discretion (subiect to ,any legal requirement for notice of termination).
(c)
The City Manager may make such payment of wages-in-lieu-of-notice, or
at this discretion may include and impose conditions for receipt of wa,qes-
in-lieu-of-notice.
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-194-
16
SECTION 5. The City Manager is directed to implement the following measures
relating to employee compensation during FY 2003-2004:
(a) Effective July 28, 2003, except for employees at the maximums of their pay
ranges, all employees in SeCtion 39-303 Pay Plans must be granted a 3% pay
increase. Employees at the maximum of their pay ranges must receive a pay
increase of up to 2% if needed to bring their pay to 100% of market.
(b) Effective August 11,2008, employees may be transitioned from other Section
39-303 Pay Plans to the new Skill-Based Pay Plan 100.
(c) Effective December 1,20.03, except for employees at the maximums of their
pay ranges, all employees ia Section 39-303 Pay Plans must be granted a 2%
pay increase.
(d) As appropriate throughout the fiscal year, the City Manger may transition
employees to the expanded Skill-Based Pay Plan.
(e) This section does not apply to Police and Fire employees covered by
collective bargaining agreements.
SECTION 6. This Ordinance is effective upon final adoption by the City Council.
Adjustments to salary ranges of Pay Plans within this Ordinance and concurrent
pay increases for applicable employees will become effective July 28, 2003, and
December 1, 2003, as indicated on individual Pay Plans in Section 39-303 of the
Code of Ordinances. In addition, the new Skill-Based Pay Plan 100 and
concurrent transitional pay increases, if any, for applicable employees will
become effective August 11, 2003. Effective December 1, 2003, Skill-Based Pay
Plan 100 ranges will be adjusted and concurrent pay increases granted to
applicable employees as stated in that Pay Plan.
SECTION 7. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance will be held invalid or unconstitutional
by final judgment of a court of competent jurisdiction, it will not affect any other
section, paragraph, subdivision, clause, phrase, word, or provision of this
ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance be
given full force and effect for its purpose.
D:~Agenda Pkg 03 04\Final Code of Ord for Council Packet 7 11 03.DOC
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-195-
17
That the foregoing ordinance was read for the first time and passed to its second
reading on this the
vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
day of
,2003, by the following
Rex A. Kinnison
Melody Cooper
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.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
APPROVED: 11th day of July, 2003,
Assistan¥City Attorney
For the City Attorney
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
day of
.,2003.
Samuel L. NeaI, Jr.
Mayor
H:\Leg-dir\Susan\Ordinance as of 7 10 03 SH 2
-196-
18
CITY COUNCIL
~GENDA MEMORANDUM
July '15, 2003
AGENDA ITEMS:
In support of the FY2003-04 Proposed Budget, as amended through July 15, 2003 by
Amendment #1:
A. An ordinance amending~the Code of Ordinances, City of Corpus Christi, Chapter 55,
Utilities, regarding Water, Gas and Wastewater Rates; providing for severance;
providing an effective date; and providing for publication.
An ordinance amending!the Code of Ordinances to establish section 55-7 to adopt
monthly fifty cent local e~(change access line service fee to provide for the purchase,
installation, and maintenance expenses, including personnel, of 9-1-1 service in the
City of Corpus Christi, Texas; repealing Ordinance No. 024971 which established a
monthly forty cent fee; establishing an effective date; providing for severance and
providing for publication.
An ordinance amending the Code of Ordinances to increase and establish health
department fees as follows: food handler and food manager's permit from $6.00 to
$7.00; day care facility inspection from $35 to $50; sexually transmitted disease
clinic visit from $5.00 to $15.00; sexually transmitted disease clinic blood test from
$5.00 to $10.00; food service permit re-inspection fee of $50.00; foster family home
inspection fee of $50.0D; birth certificate cover $1.00 fee; $50 fee for letter of
verification for cosmetology license applicants; amending section 23-19 regarding
fees for water sample lal~ tests; providing effective date of August 1,2003, providing
for severance; and providing for publication.
Resolution authorizing fees for laboratory testing of water samples for Fiscal Year
2003-2004; providing for publication; providing for an effective date; and providing
for severance.
An ordinance amending the Corpus Christi Code of Ordinances, Section 53-257
Parking Meter Zones; established, by amending certain parking meter zone rates;
providing for severance; providing for penalties; and providing for publication.
An ordinance amending Section 9-35.1 Code of Ordinances, to increase long-term
(hourly) parking rates and adding covered parting rates at the Corpus Christi
International Airport; providing for repeal of conflicting ordinances; providing for
penalties; providing for severance; providing for an effective date; and providing for
publication.
An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21,
Garbage, Trash, and other Refuse to increase the solid waste system service
charges; providing for penalties, providing for severance; providing an effective
date; and providing for publication.
-199-
An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 21,
Garbage, Trash, and other Refuse to increase, in certain instances, the solid waste
hauler annual permit fee; providing for penalties, providing for severance; providing
an effective date; and providing for publication.
An ordinance amendin~ the Code of Ordinances, City of Corpus Christi, Chapter49,
Streets and Sidewalks;Ito increase fees to close or abandon street or easement;
providing for severande; providing an effective date of August 1, 2003; and
providing for publication.
An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 13,
Buildings; Construction; and Related Operations; Housing and Housing Premises
Standards; to add new flood determination letter fee; providing for severance;
providing an effective diate of August 1, 2003; and providing for publication.
An ordinance amending the code of ordinances, City of Corpus Christi, Chapter 13,
Buildings; Construction and Related Operations; Housing and Housing Premises
Standards; to establish new fees or increase technical construction code fee
schedules; providing for severance; providing an effective date of August 1, 2003;
and providing for publication.
Resolution authorizing park, recreation cultural and leisure time activities rental fee
and recreational fee adjustments; adding new rental fees and recreational fees for
Fiscal Year 2003-2004; providing for publication; providing for an effective date; and
providing for severance.
ISSUE:
The Proposed FY2003-04 Budget includes estimated revenues generated from increased
fees/rates and new fees/rates necessary to fund specific projects and/or cover existing
operating costs. The proposed fee/rate increases have been presented during the Budget
process as separate attachments: General Fund Proposed Rate Adjustments and
Enterprise Funds Proposed Ralte Adjustments. These fees/rates established by ordinance
require amendments.
REQUIRED COUNCIL ACTION:
Approval of the ordinances andl resolutions described, increasing or establishing fees/rates
included in the Proposed FY2(:103-04 Budget as amended by Amendment #1.
RECOMMENDATION:
Approval of ordinances and resolutions as presented.
-200-
Mark L. Mc~Daniel-
Executive Director of Support Services
ORDINANCE
AMENDING THE CqDE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 5~,. UTILITIES, REGARDING WATER, GAS AND
WASTEWATER RATES, PROVIDING FOR SEVERANCE; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION '1. Section 55-50 of the Code of Ordinances is revised to read as follows:
"Sec. 55-50. Schedule of water rates.
"(a) Base rates for water serviae.
"The rates for water service are as follows:
"(1) Monthly Minimum Charges
"a. Metered Treated Water Customers
"1. Inside City Limits
Meter Size ^ ...... * ~ Au,qust 1,
(Inches) 2002 tc 2003 to
~,,i,, ,~ July 31
onn'~ 2004
Residential
5/8"- 314" ,, ,,... v~ ~ 77~ $6 .124
Commercial
5~8"- 3t4" 8.338 8.838
Residential &
Commercial
1" !3.30~ 14.104
1-1/2" 22 .35~. 23.695
2" v ... vv~x '~n 36.866
3" ~ 132.277
H:\LEG-DIR\Sha~ed\VERONICA~isa\OrdI~JulY 15 utility rate.doc
-201 -
July 15 utility rate.doc
Meter Size .A._=_w.* ~. , August 1,
(Inches) -....-anna +,,,.. 2003 to
~"~" ~ July 31,
ann'~ 2004
4" !'!.2.371 150.913.
6" I ~ 226.747
8" and larger 321.393 340.581
Large
Volume
Any si;~e ~n c~-~a ~n 11 482 099
"2. Outside City Limits
Meter ~ize A~, August 1,
2002 tc 2003 to
"""" ~ July 31,
~nn'~ 2004
Residential
5/8" - 3/4" ..~ ~a.~._wan~ $13 .001
Commercial
5/8" - 3/4" ~';,,. An~.~ 18.447
Residential &
Commercial
1" 27.303 28.941
1-1/2" 46444 48.138
2" 70.250 74.465
3" 250.273 265.289
4" 28,%463 302.580
-202-
2
Meter Size ^ ...... * ~ August 1,
anna ,.. 2003 to
"'"' ~ July 31
ann'~ 2004
6" '!.29.553 454.266
8" and IJ~rger ~ 681.928
Large
Volume
Any siz~ ~...,v. ~ n-~A..v~.~-~ 19,159.030
"b. Untreated Water Customers
^ ...... * ~ AuRust 1
ann,3 ~,, 2003 to
~'"" '~ July 31
~nn~ 20~
Minimum _~.~ ~n~. $274 .117:
month~
se~ice
charge, water
district/
municipalities
with r~
water supply
contracts
execuled
after Janua~
1, 1997
July 15 utility rate.doc
-203-
4
~ Au.qust 1,
~nn~ *.. 2003 to
v-.. 31, July 31,
onn~ 2004
Minim~um !57.500 166.950
montllly
servi~;
charg4~ for
Public
Agen¢¥ for
Resale;
Untreated
Wate¢ without
a raw ~water
supply
contract
execul~ed
after
January 1,
19974:
Minimlum 258.~0! 274.117
monthly
service
charge,
indus~ial
MinimUm .....~ ~,.. 9 .132
monthly
service
charge,
domestic
Minimum 86~19g 91.370
annual
service
charge,
domestic
"~ Minimum monthly charge for Public Agency for Resale Untreated Water customer
without a raw water supply contract executed after January 1, 1997: If the charge
based on the volume of water taken in a monthly billing period is less than $! 59.90
$166.950, the customer shall be billed ,. ..... 0 $166.950, unless a valid water supply
contract between the customer and City that was executed prior to January 1, 1997,
July 15 utility rate.doc
-204-
5
provides for a minimum annual payment. If a valid water supply contract between the
customer and Cty executed p~ior to August 1, 2000, provides for a minimum annual
payment, the customer shall pay the minimum annual payment under the contract.
"(2) Monthly Volume Charges Per 1,000 Gallons
"a. Residential I~ate
"1. InsideiCity Limits
A_~_,, I, Au.qust 1,
onno 2003
te to
~,n,, ~ July 31,
onn~ 2004
First 2,000 ~A;..; .... . Minimum*
GallOns
NeXt $-1~999 $2.118
13,0D0
Gallons
Nexl '~ ~a 2 988
15,000
GallOns
Next 3.~50 3.657
20,0(00
Gallons
Over 4-_-_-_-_-_-_-_-_-_~6 4.437
50,000
Gallons
"*Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
^ ...... + '~ August 1,
2902 2003
te to
~'"" '~ July 31
onn'~ 2004
July 15 utility rate.doc
-205-
First 2,000 ~A;.;.., .
.......... um Minimum*
Gallons
Nex~ ~ '~ ~ ~ $4 437
13, GOO
Gallons
Next d. !8e 4.437
15, GOO
GallOns
Nexl[ A ~ 4 437
20,000
GallOns
Over ~,. ! 8~ 4.437
50,000
Gallons
"*Use the Minimum Charges in Subsection (a)(1).
"b. Commercial Rate
"1. Inside City Limits
^ ...... * 1, Au.qust 11
onn'~ 2003
te Lo
~"~" ~ July 31
onn'~ 2004
First 2,000 Mi,-,!m,--'m* Minimum*
Gallons
Next ~ $2.118
13,000
Gallons
Next n 77~
..... , 1.884
85,000
Gallons
Next 1.351 1.432
900,000
Gallons
6
July 15 utility rate.doc
-206-
Over ~
1,000,000
GallOOns
"* Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
1.122
^ ...... * ~ August 1
~nn~ 2003
~"~" ~ July 31
onn~ 2004
First ~2,000 ,Mi,",!m'--'m* Minimum*
GallOns
Next! · A ~7 $4 618
13,0~)0
GallOns
Next ,%942- 4.146
85,000
Gallons
Next ~ 3.221
900,000
Gallons
Over ~e,%9 1.758
1,000,000
Gallons
"* Use the Minimum Charges in Subsection (a)(1).
"c. Reserved"
"d. Public Agency for Resale Treated Water Rates
"Treated water rates purchased by a public agency for resale are hereby
set as follows:
Au~ ..... August 1
2002 2003
te to
~"~" ~ July 31
~nn~ 2004
July 15 utility rate.doc
-207-
8
~ August 1,
2992 2003
tel to
~..., 31, July 31,
')nn~ 2004
First 2,000 .Mi,".imum*Minimum*
GallOns
Nex~ ~ $2.045
13,d00
GallOns
Next 1.727 1.830
85,000
GallOns
Next 4~zgg 1.376
900,000
Gallons
Next ~..w nog _v1 .086
9,000,000
Gallons
Ove~ nv.v...~-7 0.707
10,000,000
Gallons
"* Use the Minimum Charges in Subsection (a)(1).
"e. Large Volume Customers
"A commercial customer who agrees to pay for a minimum of 10,000,000
gallons of treated water per month is considered a large volume customer.
Once a customer has elected to become a large volume customer, the
customer will be billed as a large volume customer until the customer
notifies the City and requests reclassification as a commercial customer in
writing. However, a commercial customer may not elect to become a
large volume customer more than once in any 12 month period.
"1. Inside City Limits
^ ...... * ~ August 1,
onn,~ 2003
te Lo
~"~" ~ July 31
July 15 utility rate.doc
-208-
9
~nn~ 2004
First ~"~ .... * Minimum*
10,0~0,000
Gall(~ns
Eac~ · n -~n,~ $0 744
Additional
1,000
Gallen
"* Use the Minimum Charges iin Subsection (a)(1).
"2. Outside City Limits
^ ...... ~"Au.qust 1,
'~nn') 2003
te Lo
~"~" ~ July 31
· ~nn~ 2004
Firs~ .M!n!mu'"*... Minimum*
10,000,000
Gallons
Each ~" n~ $1 087
Addlitional
1,000
Gallon
"* Use the Minimum Charges. in Subsection (a)(1).
"f. Public Agency for Resale Untreated Water Rates
"The rates for the purchase of untreated water purchased by a public
agency, which does not have a raw water supply contract with the City
executed after Jlanuary 1,1997, is the average of the monthly raw water
cost adjustments, established under subsection (b) of this section, for the
period used to determine the composite cost of untreated water under the
City's current contract with the public agency.
"(b) Raw water cost adjustment (RWCA).
"In addition to the charges for the base rates for water service, established in subsection
(a) of this section, a separate charge for the costs of raw water, the RWCA, will be
July 15 utility rate.doc
-209-
10
added to each consumer's bill! except Public Agency for Resale Untreated Water
customers without a raw water supply contract executed after January 1, 1997. (A
Public Agency for Resale Untreated Water customer without a raw water supply
contract executed after JanuarY 1, 1997, will pay the lower of the composite cost, as
defined in its contract with the City or the rate for Public Agency for Resale Untreated
Water customers without a raW water supply contract executed after January 1, 1997,
specified in subsection (a)(2)f~ of this section.) The RWCA will be based on projected
system-wide raw water sales. [ The RWCA will be calculated on an annual basis
according to the following pro(~edures.
"(1) Use projected system-wide water sales based on historical consumption and
projected growth.
"(2) Include the annual~udgeted cost of debt service. Bond payments,
amortization of deferre~losses on refundings, and other debt service costs shall
be applied to the RWCA in the same proportion as the raw water activities
proportion of the original bond proceeds.
"(3) Include budgeted e~xpenditures for purchases of water.
"(4) Include purchases bf water rights, amortized over the duration of the water
right agreement.
"(5) Budgeted expenditures for capital items shall be included as follows:
"a. The expense of acquiring a capital item that cost not more than
$100,000 shall be charged in the year in which it is acquired.
"b. The expense of acquiring a capital item that cost more than $100,000
shall be amortized over the number of years used to calculate
depreciation expenses, with the half-year convention used in the year of
acquisition.
"(6) All operating and maintenance expenditures shall be charged based on
annual budgeted amounts. These expenditures include operation and
maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related
interfund charges.
"(7) All expenses for consultants, engineering, legal services, and administration
shall be charged based on annual budgeted amounts in the proportion to which
they apply to raw water issues.
"(8) Expenses related tO the acquisition and transportation of emergency water
supplies shall be included in the RWCA for the following fiscal year, unless
foreseen and budgeted in advance, in which case they are included in the year
budgeted.
July 15 utility rate.doc
-210-
11
"J.9) Miscellaneous revenues related to raw water activity, such as oil and gas
lease revenues and interest earned on debt service surety bonds, is applied as
an offset based on annual budgeted amounts.
"(10) At fiscal year end, determine the amount of over or under collections that
have resulted from diffe~rences between budgeted and actual expenses and
offsetting revenues and the difference between projected and actual volume of
water sold. Apply this ~mount as an adjustment to the following fiscal year's
RWCA.
"(11) Apply the credit fC~r levelized Choke Canyon debt payments to City rate-
payers' projected wateq consumption, and deduct from their RWCA. (The
escalating payment schedule on the Choke Canyon debt was levelized through
the creation of a reserve fund. In the initial years, payments greater than the
debt service were made, with the excess going into the reserve fund. This
excess was paid through a rate surcharge on ICL and OCL metered treated
water customers. Now that bond payments exceed the levelized payment
amount, the reserve fu~d is drawn on to make up the difference. Since only ICL
and OCL metered trea~d water customers participated in building the reserve
fund, the drawing on the reserve fund is only credited to the RWCA assessed
against ICL and OCL metered treated water customers.
"(c) Definitions.
"'Costs of raw water' is the total of all costs of acquiring, producing, storing,
conserving, and transporting untreated water from its source to the City's
treatment facility and all other points of diversion. These costs include, but are
not limited to, the costs of:
"Construction, including debt service, operation, and maintenance of dams and
reservoirs.
"Construction, including debt service, operation, and maintenance of raw water
supply transmission pipelines.
"Construction, including debt service, operation, and maintenance of wells.
"Construction, including debt service, operation, and maintenance of facilities
capable of converting wastewater effluent, salt water, and brackish ground water
into water suitable for municipal, industrial, or agricultural uses.
"Acquisition of new water supplies and water rights.
"Payments to the P.L. 104-318 Alternative Water Supply Acquisition and
Facilities Construction Special Fund.
July 15 utility rate.doc
-211-
12
"Construction, operation, and maintenance of facilities to reduce water losses
from water resources due to evaporation or the release of water from a reservoir
due to the operation of law.
"Acquisition and transpOrtation of emergency water supplies, including the costs
of transporting water by vessel or pipelines from other regions.
"Water supply development and protection, including consultants' studies and
reports, investigations, llegal fees, court costs, and any other costs related to the
development or protecl~ion of the water supply.
"Administrative costs, i~cluding overhead and the portion' of the City's general.. ,,
administrative costs applicable to the activities enumerated in this defin,t~on.
SECTION 2. The water rates established in Section 1 of this ordinance shall take effect
and be applied against all servlce provided on or after the first day of August that is billed
in a utility reading cycle that includes only service provided on or after the first day in
August.
SECTION 3. Section 55-50.1 Of the Code of Ordinances is amended to read as follows:
"Sec. 55-50.1. Water serviceito city without charge.
"No rate or charge shall be assessed for water service provided to city buildings,
institutions, and activities operated by the city. The city shall maintain records showing the
free service provided and the Value thereof. However, rates and charges shall be
assessed for city utilities provided to city buildings, institutions, and activities operated by
the city for which operating and maintenance expenditures are recorded in the aviation,
golf, and marina funds."
SECTION 4. Section 55-61 of'the Code of Ordinances is amended to include the
classification of customers and schedule of gas rates, which shall read as follows:
"Sec. 55-61. Classification of customers and schedules of rates.
"(a) RESIDENTIAL CUSTOMERS:
"(1) Inside City Limits
"a. Winter rates(from November Cycle 11 through Apri! Cycle 10)
July 15 utility rate.doc
-212-
13
Monthly Consumption .^..~.v.* ~. , August 1I
ann,':, 2003 -
"'"' ~ July 31
'~nn'~ 2004
First 1 M(:F 7.~d~ $7.887
Minimurr Bill}
Next 2 M~F ~....~'~ 4.425
Next 7 M~F 2.~.!5 2.559
Next 40 I~ICF 2.279 2.414
All over 5b MCF I .~2C 1.717
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"b. Summer rates (from April Cycle 11 through November Cycle 10)
Monthly (~onsumption Au~ust-~, August 1,
2002-- 2003 -
~"~" ~ July 31
· ~nn~ 2004
First 1 M~;F $ 7.'!,4 ! $7.887
Minimum Bill)
Next 2 M~F ~ 4.425
Next 5 MCF ~ 2.559
Next 30 MCF ~. .~ '~ ~,v ~ 1.285
All over ;J8 MCF !.079 1.142
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
"a. Winter rates (from November Cycle 11 through April Cycle 10)
Monthly Consumption, ~,.u..~,+ ~,, I August 1,
2992 I 2003-
"'"' ~ July 31,
2003 2004
July 15 utility rate.doc
-213-
14
Monthly Consumption . ^,_=_v.* 1, August 1,
anna 2003 -
2OO3 20O4
First 1 M ;F ~ $9.732
MinimurBill)
Next 2 M ~F ~..~8! 4.961
Next 7 M OF 2.~8 2.828
Next 40 I~ICF 2.517 2.668
~,11 over ~0 MCF !.75~ 1.861
"Note: Rates do not include I~urchased gas adjustment and sales tax, where applicable
"b. Summer rates (from April Cycle 11 through November Cycle 10)
Monthly ~onsumption .A...~.....* I, AuRust 1,
";,nn~ 2003 -
~"~" ~ July 31
~nn~ 2004
First 1 M~F $-~A82 $9.732
Minimum Bill)
Next 2 MCF ~..~8! 4.961
Next 5 MCF 2.~8 2.828
Next 30 MCF !.332 1.411
!All over 38 MCF ~ 1.214
"Note: Rates do not include Purchased gas adjustment and sales tax, where applicable
"(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates:
"(1) Inside City Limits
Monthly
Consumption
August 1,
2003 -
July 31,
2004
July 15 utility rate.doc
-214-
15
First I MCF ,,e ?....AA ~ $7 .887
(MinimUm Bill)
Next2~CF '~....v~'~ 4425.
Next 7 ~CF ~ 4.135
Next 4d MCF 3.752 3.977
Next 51~ MCF !.~20 1.717
Next ldO MCF !.35C 1.431
Next 1~0 MCF !.1~ 1.250
Next 700 MCF !.!2~ 1.196
Next 1,000 MCF ~ 1.034
Next 13,000 MCF 0.877 0.92~
All over 15,000 0.8~? 0.891
MCF
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
Monthly Consumption ,~,_=_~,* ", , August 1,
onn~ 2003 -
"'"' '~ July 31,
~nn~ 200~
First I MCF ~ ,$9.732
Minimum Bill)
Next 2 MCF ~..~8~ 4.961
Next 7 MCF 4~396 4.659
Next 40 MCF ~..22E 4.479
Next 50 MCF 1.75§! 1.861
Next 100 MCF !.~.50 1.537
Next 100 MCF !.2~5 1.34C
July 15 utility rate.doc
-215-
Next 70{) MCF ~ 1.266
Next 1,0b0 MCF 0~' 1.034
Next 131000 MCF 0.877 0.92~
All over ~ 5,000 MCF 0.8~? 0.891
16
"(1) Inside City Limits
Monthly Consumption ,~,,,~_v,* !, August. 1,
· ~n~,~ 2003 -
~"~" ~ July 31
2003 2004
First 1 M~CF $ !2.361 $13.102
Minimum Bill)
Next2 MCF !!.!70 11.849
Next 7 MCF 5.308 5.626'
Next 30 MCF 2.272 2.414
All over 40 MCF !.~2~ 1.717
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
Monthly Consumption ^ ...... * ~
· ,-~ .... , Au.qust 1,
~n~ 2003 -
h,~,, ".,4 July 31,
onn'~ 2004
First 1 MCF $-14~48 $15.739
(Minimum Bill)
July 15 utility rate.doc
-216-
"Note: Rates do not include I~urchased gas adjustment and sales tax, where applicable
premises, including increases or reductions of the same premises, and which cutoff was
not necessitated by reason o¢ reconstruction of the building on the premises, shall be
classified as seasonal custonlers, and in lieu of the rates applicable to residential
customers, shall be charged ~nd collected the following charge for gas furnished and
delivered to the meters by the~ Gas Department of the City):
17
Next 2 MCF 43-,768 13.535
Next 7 Mk::;F 6.018 6.379
Next 30 ~CF _.v..') ~'~2.668
4~0 MCF !.756 1
All
over
I
"Note: Rates do not include p~rchased gas adjustment and sales tax, where applicable
"(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates
(limited to customers using les~s than 15,000 MCF per month annual average. All
general rate customers that have installed total energy or have gas operated air cooling
and air conditioning equipme~, or both, and have an average used in MCF per month
in the seven summer months !hat exceeds the five winter months in average use, when
inspected and approved by the Gas Department, who request in writing to be billed in
the summer months on the S~lmmer Incentive Gas Rate Schedule starting with Cycle 11
in April and ending with the billing Cycle 10 in November shall be billed on the following
rate schedule):
"(1) Inside City Limits
Monthly Aug--, Au.qust 1,
Consumption 2092 2003 -
"'"' '~ July 31,
onn~ 200~
!First I MCF $ 7.~0 $7.886
Minimum Bill)
Next 2 MCF ~,.!7A 4.424
Next 7 MCF ~ 4.135
~lext 40 iMCF 2.854 3.025
Next 150 MCF !.2!3 1.285
Next 300 MCF ~ 1.196
Next 500 MCF ~ 1.034
Next 14,000 MCF 0.877 0.929
All over 15,000 MCF 0.8~~ 0.891
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
July 15 utility rate.doc
-217-
18
"(2) Outside City Limits
Monthly A~, Au.qust 1,
Consumption '~'~ 2003
~"~" 31, July 31,
2003 2004
First 1 ~CF $-9-.482 $9.732
(Minimdm Bill)
Next 2 MCF
.... 4,961
Next 7 MCF 4~96 4.659
Next 40!MCF 3.209 3.401
Next 15D MCF !.332 1.411
Next 300 MCF !.!95 1.266
Next 500 MCF !.027 1.081
Next 14i000 MCF ~ 0.964
All over 15,000 MCF 0.8~? 0.891
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d)
of this section are subject to gas cost adjustments as follows: Rates will be adjusted
monthly by the City following the receipt of notice of the cost of gas from the supplier to
pass on to the consumer the full amount of such cost adjusted for pressure base and
gas loss & unaccounted-for factors. Additional fees and charges paid to the supplier,
which are necessary for the City to receive the gas, shall be included in the cost of gas.
All general rate customers, who consume over 15,000 MCF in one month, and who
receive gas from the City's distribution system at the same pressure base at which the
City receives the gas from its supplier (14.65 psi), shall be billed 2.05% less per MCF
for purchased gas adjustment than the General Customer Rate Schedule.
"(f) INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be
interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from
any cause whatsoever, to conserve gas for residential and other human need
customers served hereunder, according to all mandatory orders of governmental
agencies having jurisdiction."
SECTION 5. The gas rates es~blished in Section 4 of this ordinance shall take effect and
be applied against all service provided on or after the first day of August that is billed in a
utility reading cycle that includes only service provided on or after the first day in August.
July 15 utility rate.doc
-218-
19
SECTION 6. Section 55-100 of the Code of Ordinances is amended to include the
classification of customers and schedule of wastewater rates, which shall read as follows:
"Sec. 55-100. Schedule.
"(a) The monthly charge to belpaid by users of sewer service furnished by the City's
municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter
55, shall be based on the amciunt of water used by the user according to the following
rates:
ClaSsification^ ....
· ...~ust August
I ')nn.~ 1 2003
te t_o
.....~ v.,July 31,
onn~ 2004
Inside City ~ $13.557
Limits
One-family
minimum
monthly
charge (first
2,000
gallons)
Inside City ~.~.~'~ ~ 2.741
Limits
One-family
per 1,000
gallons over
2,000
Inside City 7~. -....')'~, 76 .607
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
July 15 utility rate.doc
-219-
Classification.A._~_v.* Auqust
~ ~n~ 1,2003
te to
..,. 31, July 31,
2OO3 2OO4
Outside City 25.58! 27.115
Limts
On~-family
rain mum
mol?thly
cha ge (first
2,0( 0
gall~3ns)
Out~ide City v. ,...~ ~'~'~ 5.483
Limits
One-family
per 1,000
gallons over
2,000
OutSide City ~.~A,...~w~ 153.260
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
Inside City 49~-38 20.604
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
20
July 15 utility rate.doc
-220-
21
Classification /~ ...... + AuRust
. '~nn'~ 1, 2003
te to
J"~" q~ July 31,
onn~ 2004
Insi¢ e City 2.069 2.193
Limis
Cor~mercial
3er ~ ,000
gallons over
2,0a0
Out~ide City ........'~Q Q'~'~. 41 .209
Limls
Commercial
minimum
i moqthly
charge (first
2,000
gallons)
OutSide City ~.. !~,9 4.388
Limits
Commercial
per 1,000
gallons over
2,000
"(b) The amount of water used to compute the monthly bills to one family residential
customers shall be computed on the basis of the "winter average" or "interim average"
that is calculated under this subsection.
(1) Definitions
a. Winter Averaging Wastewater Charge Period -- the
period of water and wastewater service during the three
complete consecutive reading periods commencing on or
after December 1 of each year. Using the three complete
consecutive reading periods, the City shall establish monthly
wastewater serVice charges for customers based upon their
average monthly water consumption. The customer must
July 15 utility rate.doc
-221-
22
receive wastewater service at one location during the three
consecutive reading periods in order to establish a "winter
average".
b. Winter Average - The monthly wastewater usage established
by the City of Corpus Christi during the "winter averaging
wastewater charge period". This usage is the basis for monthly
billings which al~piy to service before and including July 31 of each
year. Billings w~ich apply to service after July 31 will reflect
wastewater usages based on the previous "winter averaging
wastewater charge period". -
c. Interim Average - The monthly wastewater usage
established by the City for individual customers who have
not established a "winter average". The "interim average"
shall be recalculated each year based on the total "winter
average" consuaqption of all customers subject to winter
averaging divided by the number of winter averaging
customers, and shall be the basis for monthly billings until a
"winter average" as defined in subsection (b)(1)b. of this
section is established for the individual customer.
d. Service Area -- the geographic region served by the
City's wastewater system.
(2) Winter Average Crilleria
a. "Winter Average" charges shall apply to one-family
residential customers only.
b. The "winter awerage" shall be based on a customer's
average water consumption for three complete consecutive
reading periods commencing with the customer's first
reading period on or after December 1 of each year.
c. The following method will be used to calculate a
customer's "wintEr average".
1. Add the three winter months water
consumption to get total water consumption.
"2. Divide three month usage amount by 3 to
get winter average usage. Such winter
average usage shall be limited to a maximum
of 25,000 gallons.
"d. Using the winter average usage, apply the
applicable rates established in subsection (a) of this
July 15 utiJity rate.doc
-222-
23
section to calcul,ate the customer's wastewater bill for
each month untit a new average is established (or
rates are changed.
"e. New and Raocating Customers; Adjustments
"1. Custdmers new to the service area, who
have not ~stablished a "winter average", shall
be billed ~t the "interim average" rate,
"2. Custc~mers who are relocating within the
service a~ea, who established a "winter
average" ~at their previous address, shall be
billed at tl~e "interim average" rate or their
"winter a~erage" rate at the previous address,
whichever is less.
"3. Customers who are relocating within the
service, area, who have not established a
"winter average" at their previous address,
shall be billed at the "interim average" rate.
"4. When a customer experiences a
substantial increase in water or wastewater
usage from hidden water leaks in the plumbing
system daring the winter average charge
period, and if the customer can produce proof
of repairs, the Director of Finance or the
Director's designee may adjust the wastewater
bill.
"(3) Administrative change in rates.
"a. Annually the City Manager shall calculate base revenues
from single-family residential wastewater customers. Base
revenues shall equal a three-year moving average of actual
revenues from single-family residential wastewater
customers, with each year's revenue adjusted for all actual
rate increases, which were implemented in subsequent
years. For this purpose, a year shall run from-June 1
through May 31.
"b. The City Manager shall annually, based upon the Winter
Average wastewater usage determined during the Winter
Averaging Wastewater Charge Period, adjust the rate in the
new fiscal year applied to each customer's winter average or
interim average so that the Adjusted Rate will produce an
amount equal to the base revenues.
July 15 utility rate.doc
-223-
24
"(c) The rates established in subsection (a) of this section are based upon water
consumption for wastewater ~ervice customers with wastewater characteristics of 562
parts per million or less by w(~ight of chemical oxygen demand index 250 parts per
million or less by weight of bi(~chemical oxygen demand index, and 250 parts per million
or less by weight of suspended solids index. If the wastewater characteristics exceed
any of these parameters shall pay an additional abnormal wastewater surcharges as
provided in Section 55-148."
SECTION 7. The wastewater irates established in Section 6 of this ordinance shall take
effect and be applied against ~11 service provided on or after the first day of August that is
billed in a utility reading cycle that includes only service provided on or after the first day in
August.
SECTION 8. Section 55-148 (~f the Code of Ordinances is amended to include the
schedule of values used to delermine the abnormal wastewater surcharges. Section 55-
148(a)(6) and (8) shal read aSfo ows:
"Sec. SS-148. Fees.
"(a) Abnormal wastewater surcharge.
"(6) Computations of each surcharge, as applicable, shall be based on the
following:
"S = V x 8.34 x X x (COD-562)
"S = V x 8.34 × Y x (BOD-250)
"S = V x 8.34 × Z x (TSS-250)
"S = Surcharge in dollars for the billing period.
"V = Water consumption in millions of gallons during the billing period.
"8.34 = Weight of water in pounds per gallon.
"X = Unit charge in dollars per pound for COD as established subdivision
(8) of this subsection.
"Y = Unit charge in dollars per pound for BOD as established in
subdivision (8) of this subsection.
"Z = Unit charge in dollars per pound for TSS as established in subdivision
(8) of this subsection.
"COD = Chemical oxygen demand strength index in parts per million by
weight, or mg/l.
July 15 utility rate.doc
-224-
25
"BOD = Five-day biochemical oxygen demand strength index in parts per
million by weight; or mg/I.
"TSS = Total suS~pended solids strength index in parts per million by
weight, or mg/I.
"250 = Normal BDD and TSS strength in parts per million by weight, or
mg/I.
"562 = Normal COD strength in parts per million by weight, or mg/I.
"(8) The values for X, Y, and Z used in subdivision (6) of this subsection to
determine the abnormal wastewater surcharge are:"
Value ^ ...... *August
~ ')nn'~ I 2003
te t_9o
~'"" ~ Julv 31
~nn~ 2004
X (unit $0 ..... ~0.0000
charge in
dollars per
pound of
COD)
Y (unit 0.2238 ! 0.2372
charge in
dollars per
pound of
BOD)
Z (unit 0.!608 0.1704
charge in
dollars per
pound of
TSS)
SECTION g. The values used to determine the abnormal wastewater surcharges
established in Section 8 of this ordinance shall take effect and be applied against all
service provided on or after the first day of August that is billed in a utility reading cycle that
includes only service provided on or after the first day in August.
July 15 utility rate.doc
-225-
26
SECTION 10. 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, clausei phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 11. 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.
July 15 utility rate.doc
-226-
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
,2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__day of ., 2003.
Armando Chapa
City Secretary
APPROVED: 9th day of July, 2003:
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
27
July 15 utility rate.doc
-227-
ORDINANCE
AMENDING THE CODE OF ORDINANCES TO ESTABLISH SECTION
55-7 TO ADOPT MONTHLY FIFTY CENT LOCAL EXCHANGE ACCESS
LINE SERVICE FEE TO PROVIDE FOR THE PURCHASE,
INSTALLATION, AND MAINTENANCE EXPENSES, INCLUDING
PERS~O~NEL, OF 9-'~-1 SERVICE IN THE CITY OF CORPUS CHRISTI,
TEXAS, REPEALING{ ORDINANCE NO. 024971 WHICH ESTABLISHED
A MONTHLY FORTy CENT FEE; ESTABLISHING AN EFFECTIVE
DATE; PROVIDING'. FOR SEVERANCE AND PROVIDING FOR
PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS
Section 1. The City Code of Ordinances is amended to add Section 55-7 to road as
follows:
"Sec. 55-7. Local Exchan.cle Access Line 9-1-1 Service Fee
"(a) Definitions. The fol owin.q words, terms, and phrases, when used in this
ordinance, shall have theimeanin.qs ascribed to them in this section, except where
the context clearly indicates a diff'~ront meanin.q:
"City means the Clty of Corpus Christi.
"Federal service uFer means a service user with local exchanqe access line
service dedicated po and paid for by the Federal .qovernment for official
Federal use only.
"Local exchange ~ccess line or equivalent local exchange access line means
any telephone line, or service for which a Federal subscriber line char.qe is
assessed by a local exchan.qe service provider on the customer's bill or any
cellular telephone~ communication channel, personal communication system,
commercial mobile radio service, cable/broadband services, or any other wiro
means that conne~cts the customer to the public switched telecommunications
net~vork and provi~les the customer with ability to reach a public safety
answerin.q point by dialin.q the di.qits 9-1-1. The term does not include public
telephone equipmpnt operated by card reader, commercial mobile radio
service that provic~es access to a pa.qin.q or other one-way si.qnalin.q service, a
communication channel suitable only for data transmission, a line from a
telecommunicatiops service provider to an Intemet service provider for the
Internet service prpvider's data modem lines used only to provide its Internet
access service an~l that are not capable of transmittin.q voice messaRes, a
wireless roamin,q ~ervice, or other nonvocal commercial mobile radio service.
1
-228-
2
"9-1-1 service meaqs a telecommunications service through which the user of
a public telephone {~Ystem has the ability to reach the City's public safety
answering point by Flial n,q the digits 9-1-1.
"9-1-1 service system means a system of processing emergency 9-1-1 calls.
"Public safety ans~erfng point means the City communications facility that:
(1) Is operat~:l continuously;
{2) Is assi~ln~d the responsibility to receive 9-1-1 calls and, as
appropriate,lto dispatch emergency response services directly or to
transfer or r~lay emergency 9-1-1 calls to other public safety agencies
(3) Is the firs~t point of reception by a public safety agency of a 9-1-1
call; and
(4) Serves the City.
"Service supplier n)eans an entity providing local exchange access lines to a
Service User in th~ City.
"Service user meal~s a person or business entity that is provided local
exchan,qe access Ilnes in the City.
"(b) 9-1-1 EmerRenc¥ Sprvice fee.
"Each Service supplier in ithe City shall collect a 9-1-1 emergency service fee of fifty
cents ($0.50) per month f~r each residential local exchange access line and each
business local exchange ~access line. The 9-1-1 emergency service fee shall be
used only for costs attributable to equipment and personnel necessary to operate
the City's public safety aqswedn,q point.
"(c) Restrictions and lil~itations on 9-1-t emerRency service fee.
"The 9-1-1 emergency sffrvice fee imposed by this ordinance is subiect to the
following restrictions and limitations:
"(1) The 9-1-1 emerqency service fee may only be imposed upon service users'
local exchange acces~s lines and equivalent local exchange access lines.
"(2) The 9-1-1 emerRf~ncy service fee may not be imposed upon any coin-
operated or coin/cardt reader operated telephone equipment.
"(3)(a) Each billed sefvica user is liable for the 9-1-1 emergency service fee
imposed by this ordirlance until the fee is paid to the service supplier.
H:\LEG-DIR\Shared\VERONICA\Lisa\Ordl~July 15 utility rate,DOC
-229-
3
"(b) The fee must Ipe added to and stated separately in the service user's bill
from the service s~pplier.
"(c) The service stlpplier shall collect the fee at the same time as the service
charge to the servIf, e user in accordance with the regular billing practice of
the service suppli~r,
"(d) A business se~/ice user that provides residential facilities and owns or
leases a publicly qr privately owned telephone switch used to provide
telephone service lto facility residents shall collect the 9-1-1 emergency
service fee and tra~nsmit the fees monthly to the City.
"(4) No service suppli/~r is obliged or authorized to take any le.qal action to
enforce the collection iof any billed 9-1-1 emerqency service fee.
"(5) No service supplif~r may disconnect any service user's telephone service for
failure to pay the 9-1-~1 emergency service fee.
"(6) Each service supplier shall assess a 9-1-1 emergency service fee to each
service user on a moqthly basis and shall remit the collected 9-1-1 emergency
service fee to the Ci~ no later than thirty (30) days after the close of the month in
which the 9-1-1 emerflency service fees were assessed.
"(7) Each service supplier shall complete a remittance report in the form provided
by the City. The remittance report must accompany the remitted 9-1-1
emergency service fef~s.
"(8) Each service supplier may retain from its remittance to the City no more than
two (2) perce, nt of the,collected 9-1-1 emergency service fees as its
compensation for perform n.q its obli.qations under this ordinance.
"(9) Each service supplier shall provide the City with an annual list that includes
the amount of all delioquent fees and the name and address of each nonpaying
service user.
"(10) Each service supplier shall retain records of the amount of 9-1-1 emergency
service fees collected for a period not to exceed two (2) years from the date of
collection.
"(11) The City may a~udit the records of collected 9-1-1 emergency service fees
from any service supl~lier. The City will pay for its auditor's costs.
"(12) All Federal seryice users located in the City are exempt from the 9-1-1
emergency service fe~."
H:\LEG-DIR\Shared~VERONICA\Lisa\Ordl~2July 15 utility rate. DOC
-230-
4
Section 2. If for any reason lany section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be g~en full force and effect for its purpose.
Section 3. Publication shallI be made in the official publication of the City of Corpus
Christi as required by the Ci~ Charter of the City of Corpus Christi.
Section 4. Ordinance No. 024971 which established a monthly forty cent local
exchange access line service fee is repealed in its entirety.
Section 5. This Ordinance takes effect August 1, 2003.
H:\LEG-DIR\Shared\VERONICA\Lisa\Ordl~2July 15 utility rate. DOC
-231-
5
That the foregoing ordinance was read for the first time and passed to its second
reading on this the __ Day ef ,2003, 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
That the foregoing ordinance was read for the second time and passed finally on this
the __ Day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED this the
,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Day of ,2003.
ATTEST:
Armando Chapa, City Secretary
Legal Form approved
Lisa Aguilar
Assistant City ^ttorncy
For City Attorney
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
,2003
H:\LEG.DIR\Shared~VERONICA\Lisa\Ordl~2July 15 utility rate. DOC
-232-
ORDINANCE
DAY CARE FACILITY
TRANSMITTED DISEI
SEXUALLY TRANSMI'
$5.00 TO $10.00; FOC
$50.00, FOSTER FAMI
CERTIFICATE COVE!
VERIFICATION FOR
AMENDING THE CODE OF ORDINANCES TO INCREASE AND
ESTABLISH HEALTH DEPARTMENT FEES AS FOLLOWS: FOOD
HANDLER AND FOOD MANAGER'S PERMIT FROM $6.00 TO $7.00;
INSPECTION FROM $35 TO $50; SEXUALLY
~SE CLINIC VISIT FROM $5.00 TO $15.00;
r'TED DISEASE CLINIC BLOOD TEST FROM
D SERVICE PERMIT REINSPECTION FEE OF
.Y HOME INSPECTION FEE OF $50.00, BIRTH
$1.00 FEE; $50 FEE FOR LETTER OF
COSMETOLOGY LICENSE APPLICANTS;
AMENDING SECTIOI~ 23-19 REGARDING FEES FOR
WATER
SAMPLE LAB TESTS;~PROVlDING EFFECTIVE DATE OF AUGUST 1,
2003, PROVIDING EOR SEVERANCE; AND PROVIDING FOR
PUBLICATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 19-49 of~he Code of Ordinances is amended to read as follows:
"Sec. 19-49. Certification.
"(a) Certification: All employees of food service, temporary food service, food
processing establishmei~ts or mobile food units must obtain food handling
certification before begir~ning to work. A minimum of two (2) hours of food
sanitation training for each employee is required every three (3) years to ensure
employee performance of their duties in accordance with food service sanitation
ordinances, rules and regulations. This training shall be an approved health
department course. A fee of six dc!!crc ($6.00) seven dollars ($7.00~ will be
charged for each food handler permit issued by the health department. A food
handler's permit shall be valid for a period of three (3) years from date of
issuance, unless said permit is sooner revoked by the city health officer.
"(b) Revocation: If inadequate hygienic performances are demonstrated by the
employee and such unsatisfactory performances are a result of material
violations of food service sanitation ordinances, rules or regulations, the city
health officer may revoke the food handler's permit.
"(c) Food handler certification: Training may be conducted by the permitted food
manager of the establishment maintaining an inspection rating of eighty (80) or
above on approval by the health department.
"(d) Posting: Each food handler permit shall be at all times kept posted, filed or
otherwise readily available for viewing by a health officer."
-233-
Page 2 of 7
SECTION 2. Section 19-54 of the City Code of Ordinances is amended to read as
follows:
"Sec. 19-54. Issuance.
"(a) A food manager's I~ermit shall be issued to any person who has a valid food
manager's certificate isJ~ued by any state, municipality, agency or school of
instruction whose program of certification has been approved by a health officer.
The certificate shall proJvide evidence that the applicant attended and
satisfactorily completec~ a course of instruction. Such course shall include, as a
minimum, not less than fifteen (15) hours of training, the contents of which cover
minimum essential knowledge of safe food handling practices, the biological
basis of foodborne infection and transmission, the safe preparation, handling and
storage of food by all erlnployees found in food service operations. The permit
shall be of a form desighed by the health department and shall remain the
property of the health department to be returned to the health department if
revoked. A graduate of ~an institution of higher education who has completed all
requirements for an ass~ociate or higher degree in hotel and restaurant
management may be issued a permit without taking the food manager's course
upon providing satisfaclory proof of graduation from an approved school. A
dietitian currently registered by the A.D.A. and licensed by the Texas State Board
of Examiners of Dietitians may be issued a permit without taking the food
manager's course upon providing satisfactory proof of current licensure and
registration.
"(b) A fee of six dcll=m ~$6.00) seven dollars ($7.00) will be charged for each
food manager's permit issued by the health department."
SECTION 3. Section 19-39 of the City Code of Ordinances is amended to read as
follows:.
"Sec. 19-39. Inspection procedures for establishments with scores which
exceed thirty demerits on regular inspections.
"The following is the pracedure to be followed by the city health officer regarding
food establishments with scores which exceed thirty (30) demerits earned on any
regular inspection during a twelve (12) month period.
"(a) Regular inspection scoring in excess of thirty (30) demerits:
"(1) Any inspector who conducts an inspection which results in a score which
exceeds thirty (30) demerits will be in charge of the disposition of that
inspection.
H:\LEG~DIRLLisa\ORD3\July 15-health fee}.doc
-234-
Page 3 of 7
"(2) The establishment will have a follow-up inspection within forty-eight (48)
hours. All four (4) an~ five (5) point items must be corrected at that time. A
score will not be given for a follow-up inspection. The establishment must
pay a fifty dollar ($50i00) follow-up inspection fee.
"(3) Failure to compl~ will result in a meeting of the director of environmental
health, the inspector, the certified manager and/or the owner. Th s meeting
may result in the revocation of the food manager's, food handler's, and health
permits.
"(4) A second follow-0p inspection will be made within ten (10) days. If all
deficiencies have not~ been corrected, a meeting shall be scheduled with the
food services adviso~ committee. The attendance of the certified manager
and/or owner at such a meeting shall be mandatory. The establishment must
pay a fifty dollar ($50i00) follow-up inspection fee.
"(5) Following the meeting with the food service advisory committee, a third
follow-up inspection will be made within ten (10) days of such meeting. The
establishment must Ray a fifty dollar ($50.00) follow-up inspection fee.
A failure of this inspection may result in the suspension or revocation of all
permits issued by the city/county health department.
"(6) At the discretion of the director of public health, the certified manager,
and/or owner may be required to meet with the food service advisory
committee.
"(b) Second regular inspection scoring in excess of thirty (30) demerits:
"(1) If a second regular inspection of the establishment results in scores which
exceed thirty (30) demerits during a twelve-month period, a meeting
consisting of the director of environmental health, the inspector, the certified
manager and/or owner of the establishment will be called. This meeting may
result in the revocation of the food managers' and food handlers' permits.
"(2) The establishment will be re-inspected within forty-eight (48) hours. The
establishment must Ray a fifty dollar ($50.00) re-inspection fee. All four (4)
and five (5) point items must be corrected. No rating will be given for a follow-
up inspection.
"(3) Failure to comply on a follow-up inspection will result in a meeting before
the food service advisory committee.
"(c) Third regular inspeclion scoring in excess of thirty (30) demerits:
"(1)A third regular inspection that results in a score in excess of thirty (30)
demerits constitutes a health threat and will subject the establishment to
H:\LEG~DIR~Lisa\ORD3\July 15-health fees.doc
-235-
Page 4 of 7
suspension of its h~_alth permit for twenty-four (24) to seventy-two (72) hours
by the city health omcer. The food manager's permit may be suspended also.
"(d) Procedures for re-epening: The establishment may reopen on approval by
the city health officer after a written statement from the establishment has been
received stating that al! of the four (4) and five (5) point items have been
corrected, and such corrections have been verified by the health officer."
SECTION 4. Section 23-18 ot, the Code of Ordinances is amended to read as follows:
"Sec. 23-18. Schedule oflfees for clinical health services and policies related
to the imposition and collection of such fees.
"(a) Unless otherwise provided her-eiR in this section, a fee will be charged to
each patient for each vijsit to any city-county health clinic facility funded in whole
or in part by the ~.,, City. The fees ...... must be based upon federal poverty
income guidelines and =ha!! must be in the following amounts:
Schedule of Fees for Clinical Health Services
Poverty
Income
(percent)
Family Size
ChargeNisit
Maximum
Charge/Family
0--99 1-8 $ 0.00 $ 0.00
100--199 1-8 5.00 10.00
200--299 1-8 10.00 30.00
300 + 1-8 30.00 No maximum
"(b) The fee for visit to the ~exuatly Transmitted Disease Clinic for an exam, lab
work, or treatment is $15.00. The fee for blood test at the Sexually Transmitted
Disease Clinic is $10.
(b) "(c) No recipient or client eligible for Medicaid shall be charged a fee in addition
to the amount reimbursable by Medicaid.
(-~ "d.~ No recipient or client eligible for Title XX family planning services shall be
charged a fee. (The maximum income limit for Title XX family planning services is
one hundred fifty (150) percent of the federal poverty income level.)
(d) ".(9) Each city-county health clinic will determine if a person is able to pay in
accordance with the appropriate schedule; however, the clinic will not deny services
because of a person's inability to pay.
H:\LEG-DIR~Lisa\ORD3LIuly 15-health fees.doc
-236-
Page 5 of 7
{e) "(t') Patients or clients whose incomes are above the two hundred (200) percent
plus poverty level will be referred to the private sector for care unless extenuating
circumstances exist. Such (~ircumstances include provision of immunization services,
prevention and control of communicable diseases, unusually high medical expense
or the unavailability of spedfic are needed. Such exceptions may receive care at the
city-county health clinic in accordance with the schedule of fees.
(f) ".(g) A city-county health Clinic may not charge a fee which exceeds the cost to the
clinic of providing service ot if prohibited by federal funding requirements.
(9) "(h) The city-county health clinic shall make a reasonable effort to collect the
fees, but the clinic may wai~ve collection if the administrative cost of collection will
exceed the fee to be collected.
(-h) "~ The city-county heallh department may modify, suspend, or terminate
services to a person, deterrhined able to pay, for nonpayment of fees after notice to
the person and opportunity!for hearing. The criteria upon which the city-county
health department will take such action is when the person fraudulently or
deliberately misrepresents a material fact about his or her eligibility, ability to pay, or
the application of the schedule of fees to him/her. The city-county health department
will conduct such a hearing in accordance with the formal hearing procedures
specified in sections 1.21--1.34 of title 25, Texas Administrative Code."
SECTION $. Section 23-19 of the Code of Ordinances is amended to read as follows:
"Sec. 23-19. Fee for laboratory testing of water samples.
"The director of public heallh is authorized to establish a schedule of fees to be
charged for laboratory testing of water samples. This schedule must be submitted to
the City Mana.qer for approyal, and must be reviewed on an annual basis. The fees
may not be increased annqally by more than twenty-five (25) per cent. New fees
may not be created without; City Council's approval by motion or resolution. The
approved schedule must be filed with the City Secretary and copies must be
provided to the City Council."
SECTION 6. Section 23-22 of the Code of Ordinances is amended to read as follows:
"Sec. 23-22. Schedule of fees for ........ inspection of day care centers, and
group day care homes, al~d foster family homes.
"(a) Definitions. In this section:
"(1) The term 'day care' means the care, supervision, and guidance of a child
or children under fourteen (14) years of age unaccompanied by a parent,
guardian or custodian on a regular basis, for a period of less than twenty-four
(24) hours per day and in a place other than the child's own home.
H:~LEG-D]R~Lisa\ORD3~July 15-health fees.doc
-237-
Page 6 of 7
"(2) The term 'day qare center' means any facility, whether or not known or
incorporated under Uescriptive titles or names such as 'nursery school,'
'kindergarten,' 'playischool,' 'child development center,' or 'early childhood
center,' which provides day care for thirteen (13) or more children under
fourteen (14) years pId.
"(3) The term 'group
care for seven (7) tc
"(4) The term 'foster
been trained and ap
as many as six child
day care home' means any facility which provides day
twelve (12) children under fourteen (14) years old.
family home' means "a private home of a family that has
)ropriately licensed or verified to provide foster care for
'en at a time, includin.q the family's own children.
"(b) Inspection fee. An~nspecbon fee of ...... · ........... ~ ...... / fifty dollars
($50.00) s,ha!! must be ~harged for inspections of day care centers~_ef group day
care homes, or fester fa~mily homes performed by the City-County health
department which are ,r.t~q.u~,e, d by the Texas Department o,! Protective and
Regulatory Services for: ...... al licensing of these facilities.
SECTION 7. Article I of Chap~r 23 of the Code of Ordinances is amended by adding
new section 23-23 to read as f~llows:
"Sec. 23-23. Cosmetology license applicant fee.
"The fee for the Health Del~artment to provide a cosmetology license applicant w th
verification that the applicant is free of communicable disease is fifty dollars
($50.00)."
SECTION 8. Article II of Chapter 23 of the Code of Ordinances is amended by adding
new section 23-42 to read as fellows:
"Sec. 23-42. Fees for plas~tic covers for birth certificates.
"The fee for plastic cover for birth certificate is $1.00 for either the wallet size or letter
size cover."
SECTION 9. The effective date of this Ordinance is August 1, 2003.
SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this Ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision in this Ordinance be given full force and effect for its purpose.
H:~LEG-DIR~Lisa\ORD3~July 15-health fees.doc
-238-
Page 7 of 7
SECTION 11. 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 ChristL
H:\LEG-DIR~Lisa\ORD3\July 15~health fees.doc
-239-
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garret[
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scot[
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.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garret[
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
2
PASSED AND APPROVED, this the
A'I-rEST:
Armando Chapa
City Secretary
APPROVED: July 9, 2003
LisaAguilar ~)
Assistant City Attorney
for City Attorney
day of
.,2003.
SamuelL. NeaI, Jr.
Mayor
ORDFRAME.DOC
-240-
RESOLUTION
AUTHORIZING FEES FOR LABORATORY TESTING OF WATER SAMPLES
FOR FISCAL YEAR 2003-2004; PROVIDING FOR PUBLICATION; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE.
BE IT RESOLVED BY THE C~ITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT:
SECTION 1. The City Council approves the adjusted fees for laboratory testing of water
samples, as shown in Exhibit A attached, for Fiscal Year 2003-04.
SECTION 2. Publication will ~e made in the official publication of the City of Corpus Christi
as required by the City Charte~' of the City of Corpus Christi.
SECTION 3. This resolution ~ecomes effective August 1, 2003.
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this resolution shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdictior~, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this resolution, 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.
INTRODUCED AND PASSED, by the City Council of the City of Corpus Christi, Texas,
on the day of July, 2003.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: July 1,0th, 2003.
Lisa Aguilar
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
-241-
EXHIBIT A
Laboratory Fees
Analysis of sea water (seafood safety)
Analysis of recreational beach water
Analysis of drinking water
FY 2002-03
$15.00
$10.00
$10.00
FY2003-04
$20.00
$13.00
$12.00
-242-
AN ORDINANCE
AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES,
SECTION 53-257 PAliKING METER ZONES: ESTABLISHED, BY
AMENDING CERTA~IN PARKING METER ZONE RATES;
PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES;
AND PROVIDING FOR PUBLICATION.
NOW THEREFORE, BE IT O,RDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXANS:
SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 53 Traffic, Section 53-
257. Schedule VIII, Parking met~lr zone; established, is hereby amended as follows:
Sec. 53-257. Schedule VII1, Parking meter zone: established.
(a) Meter Zone No. 1 is established as a ten-hour meter zone in which parking shall be limited
to a minimum of one hour and a maximum of ten (10) hours upon payment of amounts listed
on the table labeled "Meter Zone ~qo. 1 on the attached Exhibit A, ~ ........ ~ ..........
................ ~ .~ ...... , between the hours of 8:00 a.m. and 6:00 p.m., on any day, except
Saturdays, Sundays and holidays officially set by the city council, upon the following streets:
(1)
(3)
(4)
(5)
(6)
(7)
(8)
Street.
(lO)
(il)
(]2)
(13)
Street.
(14)
(]5)
Antelope Street--(both sides)--Carrizo Street to Tancahua Street.
Buffalo Street--(both sides)--Carrizo Street to Tancahua Street.
Lipan Street--(both sides)--Carancahua Street to Tancahua Street.
Lipan Street--(south side only)--Carancahua Street to Upper Broadway.
Middle Broadway--(both sides)--Antelope Street to Buffalo Street.
Carancahua Street--(both sides)--Lipan Street to Mestina Street.
Carancahua Street--(both sides)--Buffalo Street to Winnebago Street.
Tancahua Street--(both sides) south one-half of block, Lipan Street to Leopard
Upper Broadway--(both sides)--Lipan Street to Blucher Street.
Comanche Street--(north side)--Tancahua Street to Carancahua Street.
Carancahua Street--(east side only)--Blucher Street to Lipan Street.
Carancahua Street--(west side only)--Comanche Street to Lipan Street.
Blucher Street--(north side only)--Upper North Broadway to Carancahua
Upper Broadway--(east side only)--Antelope Street to Winnebago Street.
Buffalo Street~-(both sides)--Upper Broadway to Carancahua Street.
(b) Meter Zone No. 2 is established as a ten-hour meter zone in which parking shall be limited
to a minimum one hour and a maximum often (10) hours upon payment of amounts listed on
the table labeled "Meter Zone No. 2" on the attached Exhibit A, ~v ...... J .... ;* ~ ~-~ ~;~
-243-
...... , .................................... ~.v/kours, between the hours of g:00 a.m. and 6:00
p.m. on any day, except Saturdays, Sundays and holidays officially set by the city council,
upon the following streets:
(1) Lawrence Street-(both sides)-Water Street to Shoreline Boulevard.
(2) Peoples Street--(north side only)-Water Street to Shoreline Boulevard.
(3) Chaparral Street~-(east side only--south one-half of block)--Coopers Alley to
John Sartain Street.
(4) Water Street--(both sides)--Taylor Street to Twigg Street.
(5) William Street--($outh side only)--Mesquite Street to Lower Broadway.
(6) William Street--(both sides)--Water Street to Shoreline Boulevard.
(7) Mesquite Street--(both sides)--Start Street to Twigg Street.
(8), (9) Reserved.
(10) Taylor Street--(both sides)--Lower Broadway to Water Street, except that
portion described in subsection (d), Meter Zone No. 4 (item 13).
(11) Twigg Street--(both sides)--Lower Broadway to Mesquite Street.
(12) Twigg Street--(both sides)--Mesquite Street to Water Street.
(13) Antetope Street--~both sides)--Artesian Street to Carrizo Street.
(14) Reserved.
(15) Starr Street--(both sides)--Water Street to Shoreline Boulevard.
(16) Carancahua StreOt--(both sides)--Coopers Alley to Blucher Street.
(17) Carrizo Street--(bnth sides)--from the cul-de-sac north of Buffalo Street to
Leopard Street.
(18) Reserved.
(19) Upper Broadway--(both sides)--Blucher Street to Mesquite Street.
(20) Municipal Parking Lot No. 1--(bounded by U.S. 181 Exit Ramp, Mesquite
Street and Interstate 37 eastbound)--All parking spaces within the parking Int.
(21) Mesquite Street--(west side)--Interstate 37 to Twigg Street.
(22) Chaparral Street-(east side)--Twigg Street to Interstate
(23) Lower Broadway-.(both sides)--William Street to Twigg Street, except
portions described in subsection (d), Meter Zone No. 4 (Items 13 and 14).
(24) Shoreline Boulevard--(west side only)--Peoples Street to Schatzel Street.
(25) Peoples Street--(south side only)--Lower Broadway to Mesquite Street.
(c) Meter Zone No. 3 is established as a maximum two-hour meter zone in which parking
shall be limited to twelve (12) minutes upon deposit of 10 centsq;me-~p/~ym, one hour
upon deposit of 40 cents five/~
~- ,~ ............ and two (2) hours upon the deposit of 75 cents-?,~
................................ ,~,* ...... ~ ..........., etween e ourso : a.m. and
6:00 p.m. any day except Saturdays, Sundays and holidays officially set by the city council
upon the following streets:
(1) Antelope Street--(both sides)--Upper Broadway to Tancahua Street.
(2) Buffalo Street--(both sides)--Caranchua Street to Tancahua Street.
(3) LeopardStreet--(both sides)--Upper Broadway to Staples Street.
(4) Mestina Street--(both sides)--Upper Broadway to Carancahua Street.
-244- 2
(5) Carancahua Stre~t--(both sides)--Lipan Street to Buffalo Street, except for
portions described in subsection (a) Meter Zone No. I (Items 6 and 7), and except for
that portion described in subsection (g) Meter Zone No. 7 (Item 1).
(6) Tancahua Street-~(both sides)--Leopard Street to Buffalo Street.
(7) Tancahua Street-,(both sides)--the 600 Block.
(8) Upper BroadwayT(both sides)--Lipan Street to Antelope Street.
(9) Winnebago Streett--(both sides)--North Carancahua Street to Upper North
Broadway.
(10) Lipan Street--(no~th side only)--North Carancahua Street to Upper Broadway.
(11) Tancahua Street-4~(east half of right-of-way)--Parking lot between Buffalo
Street and I.H. 37.
(12) Upper Broadway~-(west side only)--Antelope Street to Winnebago Street.
(d) Meter Zone No. 4 is established as a maximum two-hour meter zone in which parking
shall be limited to thirty (30) miI~utes upon deposit of 10 cents~, one hour
upon deposit of 25
cents ........ 4"v.^' ""~.-.. ~'~ ............... and two (2) hours upon deposit
of 50 cents · .... r,x ~: .... ;_o ~ c .... r~ x, ...... · ~; ....... ~;~,:~, ~c ~: .... :~ and
~, between ~e hours of 8:00 a.m. ~d 6:00 p.m. on ~y day except Sat~days,
Sundays ~d holidays officially ~t by the city council, upon the following s~eets:
(1) Chaparral Street-.(both sides)--Coopers Alley to JoM S~ain S~eet, except
that potion described in subsection (b), Meter Zone No. 2, item (3).
(2) iese~ed.
(3) John Sartain Streat--(both sides)Mesquite S~eet to Shoreline Boulev~d.
(4) Lawrence Street--[bo~ sides)--Lower Broadway to Mesquite Street.
(5) Reserved.
(6) Mesquite SWeet--(~ast side only)--Cooper's Alley to JoM S~ain Street.
(7) People k Street--(noah side only)--Lower Broadway to Mesquite S~eet.
(8) Schaael Street--(south side only)--Lower Broadway to Mesquite Street.
(9) Schaael Street--(bo~ sides)--Water S~eet to Shoreline Boulev~d (including
noah side of medi~ island).
(10) Start Street--(both sides)--Lower Broadway to Water S~eet.
(11) Water Street--~o~ sides)--Coopers Alley to Taylor Street.
(12) William SWeet--(both sides)--Lower Broadway to Chap~al SXeet, except that
poaion described in subsection (b), Meter Zone No. 2, item (5).
(13) Lower Broadway-.(east side only)--Taylor S~eet to Twigg Street.
(14) Lower Broadw~--(east side only)--Peoples S~eet to St~ S~eet.
(15) Artesian Street--(both sides)--sou~ one-half of block, Leop~d Street to
Antelope S~eet.
(16) Reserved.
(17) Taylor Street--(nonh side only)--east one-half of block, Chap~al S~eet to
Mesquite S~eet.
(18) Alameda Street--(west side only)--sou~ one-half of block, Ayers S~eet to
McKe~ie S~eet.
(19) Staples Street--(e~t side only)--Ayers S~eet to Booty Street.
(20) Mann Street--(bo~ sides)--Chap~al S~eet to Mesquite Street.
(21) Mesquite Street--(east side)--Inters~te 37 to Twigg S~eet.
3
-245-
(22) Chaparral Street--(west side)--Twigg Street to Interstate37.
(23) Coopers Alley--~ooth sides)--Water Street to Shoreline Boulevard.
(e) Meter Zone No. 5 is established as a maximum one-hour meter zone in which parking
shall be limited to 1~2 f~minutes upon deposit of 10 cents ~, 2~4
· ~:~., r~m d it fl5
...... j ~,v~ minutes upon epos o cents ~-~ a; .... , .... r~ ~ ...... , ~;~..
................ ~-, ..............., ~d one hour
upon deposit of 40 cents * .... rq~ ~ ..... r .... r~x ~ ......, ·
~: .... ~ ......... ~-~ bet & th hoursof8:00a ~d600p ~yday
........................ , w n e m. : m on except
Sat~days, Sundays ~d holiday~ officially set by the city council, upon the following s~eets:
(1) Reserved.
(2) Chaparral Street--(east side only)--north one-half of block from Coopers Alley
to Lag~a S~eet.
(3) Peoples Street--($outh side only)--Lower Broadway to Mesq~te Street.
(0 Meter Zone No. 6 is establis~d as a m~imum thMy-minute meter zone in which p~king
shall be limited to fiReen (15) minutes upon the deposit of one five-cent coin ~d thMy (30)
minutes upon the deposit of two (2) five-cent coins or one dime, between the ho~s of 8:00
a.m. ~d 6:00 p.m. on ~y day, ~cept on Saturdays, Sundays ~d on holidays offici~ly set by
the city co~cil, upon the following streets:
(1) Reserved.
(g) Meter Zone No. 7 is established as a maximum one-hour meter zone in which parking
shall be limited to twelve (12) minutes upon deposit of 10 cents ~; twenty-
four (24) minutes upon deposit of 15 cents one dime cain ~ · .... r,~, ...... , ~: .
...... ~-j ............ ns, and one-
hour upon deposit of 40 cents one qua,~cr coin, '-~ ~,,,~ r~ r. ....., ',,0' ~ · ·
floc cent cains ~,~n~ disc cains between the hours of 8:00 a.m. and 6:00 p.m., any day except
Saturdays, Sundays and holidays officially set by the city council upon the following streets:
(1) Carancahua Street--(east side)--Leopard Street to Antelope Street.
(h) Meter Zone No. 8 is established as a maximum four-hour meter zone in which parking
shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the
deposit of two (2) quarters ($0.50) for each hour up to eight (8) quarters for four (4) hours,
between the hours of 8:00 a.m. and 6:00 p.m. every day of the week upon the following
streets:
(1) North Shoreline Boulevard--Pearl Avenue to Coastal Avenue.
(2) Breakwater Avenue--North Shoreline Boulevard to East Surfside Avenue.
(3) Bridgeport Avenue--North Shoreline Boulevard to East Surfside Avenue.
(4) Coastal Avenue--North Shoreline Boulevard to East Surfside Avenue.
(i) Meter Zone No. 9 is established as a maximum eight-hour meter zone in which parking
shall be limited to a minimum of one (1) hour and a maximum of eight (8) hours upon the
deposit of one (1) quarter for each hour up to eight (8) quarter for eight (8) hours, between the
hours of S:00 a.m. and 6:00 p.m. every day of the week upon the following streets:
(1) Breakwater Avenue-~East Surfside Avenue to West Surfside Avenue.
(2) l'Vest Surfside Avenue--Breakwater Avenue to Elm Avenue.
(3) fAS. Highway 181 East Access Road--Breakwater Avenue to Coastal Avenue.
-246- 4
(j) Meter Zone No. 10 is established as a maximum four-hour meter zone in which parking
shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the
deposit of one (1) quarter for each hour up to four (4) quarters for four (4) hours, between the
hours of 8:00 a.m. and 6:00 p.m. every day of the week upon the following streets:
(1) East Surfside Boulevard--Pearl Street to Elm Street.
(k) Meter Zone No. lI, is established as a maximum ten-hour meter zone in which parking
shall be limited to a minimum ofbne (1) hour and a maximum often (I0) hours upon the
deposit of one (1) nickel coin for each hour, and ten (10) nickel coins or combination of
quarter coins, dime coins, and nidkel counts for ten (10) hours, between the hours of 8:00 a.m.
and 6:00 p.m. on any day, except Saturdays, Sundays, and holidays officially set by the city
council, upon the following streets:
(1) Mesquite Street--(both sides)--John Sartain Street to William Street.
(2) Mesquite Street--(~vest side only)--Upper North Broadway to John Sartain
Street.
(1) Meter Zone No. 12 is established as a maximum ten-hour meter zone in which parking
shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the
deposit of one (1) quarter coin or combinations of nickel and dime coins for each hour,
between the hours of 8:00 a.m. and 6:00 p.m. on any day except Saturday, Sunday, or holiday
officially set by the city council, upon the following streets:
(1) Water Street--(both sides)--Belden Street to Power Street.
(2) Belden Street--(soath side only)--Chaparral Street to Water Street.
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 this City
Council that every section and part hereof 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 of Corpus Christi
Code of Ordinances.
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
5
-247-
Exhibit A
current proposed
rate rate increase
Meter Zone No. 1:
Parking Meter Collections
rate for 1 hoL~r $ 0.25 $ 0.40 $
rate for 2 hoqrs $ 0.50 $ 0.75 $
rate for3hoqrs $ 0.75 $ 1.15 $
rate for4hoqrs $ 1.00 $ 1.50 $
rate for5hodrs $ 1.25 $ 1.90 $
rate for6 hours $ 1.50 $ 2.25 $
rate for 10 hours ($0.25 total for hours 7 - 10) $ 1.75
rate for 10 hours ($0.40 total for hours 7 - 10) $ 2.65 $
0.15
0.25
0.40
0.50
0.65
0.75
0.90
Meter Zone No. 2:
Parking Meter Collections
rate for 1 hour $ 0.10 $ 0.25 $ 0.15
rate for 2 hours $ 0.20 $ 0,45 $ 0.25
rate for 3 hours $ 0.30 $ 0.70 $ 0.40
rate for 4 hours $ 0.40 $ 0.90 $ 0.50
rate for 5 hours $ 0.50 $ 1.15 $ 0.65
rate for 6 hours $ 0.60 $ 1.35 $ 0.75
rate for 7 hours $ 0.70 $ 1.60 $ 0.90
rate for 8 hours $ 0.80 $ 1.80 $ 1.00
rate for 9 hours $ 0.90 $ 2.05 $ 1.15
rate for 10 hours $ 1.00 $ 2.25 $ 1.25
-248-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the ___ day o~r ,2003, by the following vote:
Samuel L. Neal
Javier D. Coimenero
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
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
Javier D. Colmenero
Brent Chesney
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2003.
City Secretary
APPROVED: II~ DAY OF
/
St~l{e/l'R. Zastr6w /' '
Assistant City Attorney
For the City Attorney
MAYOR
,2003.
-249-
AN ORDINANCE
AMENDING SECTION~-35.1 CODE OF ORDINANCES, TOINCREASE
LONG-TERM (HOURLY) PARKING RATES AND ADDING COVERED
PARKING RATES AT THE CORPUS CHRISTI INTERNATIONAL
AIRPORT; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; PROVIplNG FOR PENALTIES; PROVIDING FOR
SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR PUBL!CATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS,
SECTION 1. Section 9-35.1 of the Code of Ordinances is revised to read as follows:
"Section 9-35.1 Parking Rates.
"Parking rates at Corpus Christi International Airport are established as follows:
"(1)
Long-Term (Daily) parking rates:
"For the first hour
"For each additional hour thereafter
"Maximum with parking ticket for each twenty-four (24) hours
"Without/lost ticket per day or a portion thereof
"(2) Short~Term (Hourly) parking rates:
"For the first half-hour
"For each additional half-hour thereafter
"Maximum with parking ticket for each twenty-four (24) hours
"Without/lost ticket per day or a portion thereof
"('3) Covered parkin.q rates:
"For the first hour
$1.00
$1.oo
$7.00
$7.00
$1.00
$1.oo
$10.00
$10.00
$1,50
C:\DOCUME~I \User\LOCALS~I \Ternp~AIRPOR~I .DOC
-250-
"For each additionall hour thereafter $1.50
"Maximum with parJ<in.q ticket for each twenty-four (24) hours $8.50
"Without/lost ticket per day or a portion thereof
$8.50"
SECTION 2. That other ordinances, or parts of ordinances, are in conflict with this
ordinance, they are repealed to the extent of any conflict.
SECTION 3. A violation of this drdinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 4. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of the City Council that every section, paragraph, subdivision, phrase,
word and provision hereof shall be given full force and effect for its purpose.
SECTION 5. This ordinance is effective on August 1, 2003.
SECTION 6. Publication of this ordinance 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,
Texas.
C:\DOCU ME~ 1\User, LOCALS~ 1\Temp~AIRPO R~ 1 .DOC')
-251-
The foregoing ordinance was read for the first time and passed to its second reading on
this the day of ,2003, 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
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.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
APPROVED this the
ATTEST:
day of
,2003.
Armando Chapa
City Secretary
:~.,,~PROVED"~I,c~ ~' , 2003
( ~1~ P. Burke, Jr.
"./Assistant City Attorney
For The City Attorney
Samuel L. Neal, Jr.
Mayor
C:\DOCUME-I\User~LOCALS~I\Temp~AIRPO R~ 1 .DOC~
-252-
AN ORDINANCE
AMENDING THE CODE~OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE TO INCREASE
THE SOLID WASTE SYSTEM SERVICE CHARGES;PROVIDING FOR
PENALTIES, PROVlDINq FOR SEVERANCE; PROVIDING AN EFFECTIVE
DATE, AND PROVlDINGFOR PUBLICATION.
ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
BE
IT
CHRISTI, TEXAS:
SECTION t. Section 21-4~7 of the Code of Ordinances, City of Corpus Christi, is
revised to read as follows:~
"Section 21-47 (b)(1). Municipal Solid Waste System Service Charge.
"(1) For customers located within the city, who are billed by their permitted
solid waste hauler for hire !by tonnage, the municipal solid waste system service
charge ' "' ..... a..,, .... ~a ~,,~,, ~ ...... ,.ourteen dolla s and ei.qhty-
five cent~ per ton of waste.
"(2) For customers located within the city, who are billed by their permitted
solid waste hauler for hire!by the volume of the dumpster and frequency of
service, the municipal solid waste system service charge is ~
sixty cents ($0.60) per cubic yard of capacity each time the customer's dumpster
is serviced.
"(3) For customers located within the city, who are billed by their permitted
solid waste hauler for hire by tonnage, if their permitted solid waste hauler for
hire has a put or pay contract with the city and disposes the customer's solid
waste at a disposal site olperated by the department, the municipal solid waste
system serv;ce charge wdl be credited with s ................ · ......
($6?,2)eiRht dollars and tl~irty-five cents ($8.35) for the portions of the charge
that are collected through the hauler's acceptance fee. The municipal solid
waste system service charge, with the credit, is ~-~3~:~)six dollars and
fifty cents ($6.50) per ton of waste.
"(4) For customers located within the city, who are billed by their permitted
solid waste hauler for hire by the volume of the dumpster and frequency of
service, if their permitted solid waste hauler for hire has a put or pay contract with
the city and disposes the customer's solid waste at a disposal site operated by
the department, the municipal solid waste system service charge will be credited
with c!~.", ccnt~ ($0.! 6)t~venty one cents ($0.21) for the portions of the charge
that are collected through the hauler's acceptance fee. The municipal solid
waste system service charge, with the credit, is ~thirty-nine
-253-
cents ($0.39) per cubic yard of capacity each time the customer's dumpster is
serviced.
"(5) For customers within the city, who are billed by the permitted solid waste
hauler for hire by tonnage, if their permitted solid waste hauler for hire pays the
tipping rate published in ~ection 21-41(e)(2)a., the municipal solid waste system
service charge will be crddited with ~" '~"" ..... '~ ~ .... ~" ~' ...... ~o
($!0.25)thirteen dollars a~nd thirty-three cents ($13.33) for the portions of the
charge that are collected Ithrough the tipping fee. The municipal solid waste
system service charge, w!ith the credit, is cnc dc!!cr =nd s~v~nt~n ce~nts
($I .17)3ne dollar and fifytwo cents ($1.52) per ton of waste. Except as
provided in subsection (dD of this section, if the hauler pays the tipping fee at the
time the hauler disposes of the solid waste, the municipal solid waste system
service charge must be paid at the time the hauler disposes of the solid waste at
the disposal site operatedl by the department.
"(6) For customers within the city, who are billed by the permitted solid waste
hauler for hire by the volume of the dumpster and frequency of service, if their
permitted solid waste ha~ller for hire pays the tipping rate published in section 21-
41(e)(2)a., the municipal solid waste system service charge will be credited with
~"~'.v.., .... ...,.~ ~ ..... , ..... jflfyfour cents ($0.54) for the portions of the charge that
are collected through thetipping fee. The municipal solid waste system service
charge, with the credit, ' r, ...... ~ ~ ..... ,seven cents ($0.07) per cubic yard of
capacity each time the customer's dumpster is serviced. Except as provided in
subsection (d) of this section, if the hauler pays the tipping fee at the time the
hauler disposes; of the solid waste, the municipal solid waste system service
charge must be paid at the time the hauler disposes of the solid waste at the
disposal site operated by the department.
"(7) For can account customers within the city, the municipal solid waste
system service charge is thm~ dc!!ars ($3.O0)three dollars and ninety cents
($3.90) per collection by the permitted solid waste hauler for hire (which includes
the city street use fee).
"(8) For residential customers serviced by the department, the municipal solid
waste system service charge is "-~' '~"" .... '~ ~^'~" *~' ...... *o/e~ '~'~one dollar
and eighty-six cents ($1 .{~6) per month (which includes the city street use fee)."
SECTION 2. A violation of any of the provisions of this ordinance constitutes an
offense, punishable as provided in Section 21-3 of the Code of Ordinances.
SECTION 3. If for any raason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
-254-
every section, paragraph, subdivision, clause, phrase, word or provision of this
ordinance be given full forae and effect for its purpose.
SECTION 4. This ordinanCe is effective on August 1, 2003.
SECTION 5. Notice of thiS~ ordinance shall be published in the official publication
of the City of Corpus Christi as required by the City Charger of the City of Corpus
Christi.
-255-
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the __ Day ef ,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ Day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED this the __
ATTEST:
,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Day of ,2003.
Armando Chapa
City Secretary
APPROVED:
Burk
A~sistant City Attorney
for City Attorney
,2003
SamuelL NeaI, Jr.
Mayor
-256-
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 21, GARBAGE, TRASH, AND OTHER REFUSE TO INCREASE, IN
CERTAIN INSTANCES, THE SOLID WASTE HAULER ANNUAL PERMIT
FEE; PROVIDING FOiSt PENALTIES, PROVIDING FOR SEVERANCE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Section 21-85 of the Code of Ordinances, City of Corpus Christi, is
revised to read as follows:
"Section 21-85 Fees for SOlid Waste Hauler Permits.
"(a) The annual fee for a solid waste hauler for hire permit, for a solid waste
hauler for hire, is one hun~lred dollars ($100.00), payable to the City at the time
of issuance of solid waste hauler for hire permit.
"(b) The annual fee for a solid waste self hauler permit, for a solid waste self
hauler is r~ty dollars ($50.D0), payable to the City at the time of issuance of solid
waste hauler permit.
"(c) The fee for a solid Waste hauler for hire found transportinq, collectin.q, or
disposin.q of solid waste Within the City without a valid permit is two hundred
dollars ($200.00), payabl~ to the City at the time of issuance of solid waste
hauler for hire__p_ermit.
"(d) The fee for a solid paste self hauler found transporting, collectin.q, or
disposin.q of solid waste within the City without a valid permit is one hundred
dollars ($100.00), payabl~ to the City at the time of issuance of solid waste
hauler permit."
"(e) Any solid waste haluler for hire or solid waste self-hauler may be denied
access to any City dispoSlal site and may be issued a citation for failure to have a
valid permit."
SECTION 2. A violation of any of the provisions of this ordinance constitutes an
offense, punishable as provided in Section 21-3 of the Code of Ordinances.
SECTION 3. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance, for it is the definite intent of this City Council that
-257-
every section, paragraph, subdivision, clause, phrase, word or provision of this
ordinance be given full folrce and effect for its purpose.
SECTION 4. This ordinance is effective on August 1, 2003.
SECTION 5. Notice of thais ordinance shall be published in the official publication
of the City of Corpus Chrtsti as required by the City Charger of the City of Corpus
Christi.
-258-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the Day of ,2003, 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
That the foregoing ordinancelwas read for the second time and passed finally on this
the __ Day of ,2003, by the following vote:
Samuel L. Neal, Jr. .
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED this the __
ATTEST:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Day of
,2003.
Armando Chapa
City Secretary
APPROVED:
Burke
t City Attorney
for City Attorney
,2003
Samuel L. NeaI, Jr.
Mayor
-259-
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER ~.9, STREETS AND SIDEWALKS; TO INCREASE
FEES TO CLOSE OR ABANDON STREET OR EASEMENT;
PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE OF
AUGUST 1, 2003; AN~ PROVIDING FOR PUBLICATION
BE IT ORDAINED BY THE CiTY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 49-12 of the Code of Ordinances is revised to read as follows:
"Sec. 49-12. Petition to cour~cil to establish or close streets, etc.
"(b) Each request shall be F~ccompanied by the payment of a nonrefundable
appl~cabon fee in the amount of .................... ,,. ...... , five hundred dollars
($500.00) to cover the expffnse of administrative processing and a fee of seventy-
five dollars ($75.00) to cover all notification and legal publication costs incurred by
the city. The seventy-five dollars ($75.00) fee will be refunded if the processing of
the applicant's request does not reach the notification and publication stage and the
city does not incur such expenses."
SECTION 2. Section 49-13 of the Code of Ordinances is revised to read as follows:
"Sec. 49-13. Request for closing or abandonment of easement.
"(a) All persons desiring to have the city council close or abandon an easement shall
file their requests with the city engineer, in writing, directed to the city council. Such
request shall contain an accurate description of the easements, or portions thereof,
desired to be closed or abandoned.
"(b) Upon filing of such request, as provided in this section, a-depesit an application
fee shall be made with the city engineer of the sum of one hundrcd dc!!arc ($!00.00)
five hundred dollars ($500.00) to cover the expense of processing the request.
"(c) Upon the closure or alteration of any easement under the terms of this section,
the applicant shall be required to apply for the replat of the affected properties so
that the plat records accurately reflect the revised subdivision of the property."
SECTION 3. The effective dale of this Ordinance is August 1,2003.
SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this Ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
-260-
Page 2 of 2
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision in this Ordinance be given full force and effect for its purpose.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DtR~Lisa\ORD3\july 15 chapter 49 fees.doc
-2t31-
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ., 2003, 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
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
,2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
2
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
APPROVED: July 10, 2003
Lisa Aguilar ~
Assistant City Attorney
for City Attorney
__ day of
,2003.
Samuel L. Neal, Jr.
Mayor
ORDFRAME.DOC
-262-
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 1:3, BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS;
TO ADD NEW FLOOI~ DETERMINATION LETTER FEE; PROVIDING
FOR SEVERANCE; PI~OVlDING AN EFFECTIVE DATE OF AUGUST 1,
2003; AND PROVlDNG: FOR PUBLICATION
BE IT ORDAINED BY THE CI~'Y COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 13-178 of the Code of Ordinances is amended by adding
definition for "flood determination letter" to read as follows:
"Sec. 13-178. Definitions.
"Unless specifically defined below, words or phrases used in this code shall be
interpreted to give them the meaning they have in common usage and to give this
code its most reasonable application:
"Flood determination letter means a determination issued by the Floodplain
Administrator or the Flqodplain Administrator's desiqnee as to whether a
particular property is within a floodplain or floodprone area."
SECTION 2. Division 5 of Article V of Chapter 13 of the Code of Ordinances is
amended by adding new section 13-197 to read as follows:
"Sec. 13-197. Flood determination letter.
"Floodplain Administrator (~r the Floodplain Adm n strator's designee may issue a
flood determination letter qpon payment of $10 fee."
SECTION 3. The effective dar[e of this Ordinance is August 1,2003.
SECTION 4. If for any roason any section, paragraph, subdivision, clause, phrase,
word or provision of this Ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision in this Ordinance be given full force and effect for its purpose.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
-263-
That the foregoing ordinance was read for the first time and passed to its second
reading 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 i Mark Scott
Henry Garrett
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
2
PASSED AND APPROVED, this the
A'FI-EST:
Armando Chapa
City Secretary
APPROVED: July 10, 2003
Lisa Aguilar
Assistant City Attorney
for City Attorney
day of ., 2003.
Samuel L. Neal, Jr.
Mayor
ORDFRAME.DOC
-264-
ORDINANCE
AMENDING THE COpE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER I~,BUILDINGS; CONSTRUCTION AND RELATED
OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS;
TO ESTABLISH N~EW FEES OR INCREASE TECHNICAL
CONSTRUCTION COpE FEE SCHEDULES; PROVIDING FOR
SEVERANCE; PROVlI~ING AN EFFECTIVE DATE OF AUGUST 1,
2003; AND PROVlDNG;II:FOR PUBLICATION
BE IT ORDAINED BY THE cITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 103.7.1.!0, of Chapter 1, Administration, of the City of Corpus
Christi Building, Electrical, Gas! Mechanical, and Plumbing Technical Construction
Codes, as amended and adoptled by Section 13-1 of the Code of Ordinances, City of
Corpus Christi is amended to read as follows:
"103.7.1.1.10. Temporary promotional events. The~.~, .,,,.;* ~"",.... ~"-.~. - ~ *...,,,~.~, .~,. ........
"103.7.1.10.1. T~mporary promotional event permit without food. The
permit fee for a tffmporary promotional event without food is forty-eight
dollars ($48.00).
"103.71.1.10.2 T~emporary promotional event permit with food. The
permit fee for a t~mporary promotional event with food is one hundred
forty-eight dollars ($148.00)."
SECTION 2. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical,
Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and
adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended
by adding new subdivision 103.7.1.4.5 to read as follows:
"103.7.1.4.5. P umbin.q contractor re.qistration. The re.qistration fee for
ma ntainin.q a curre~ file for a licensed plumbinq contractor shall be sixty-
seven dollars ($67.0,0), paid annually."
SECTION 3. Article I of Chapter 13 of the Code of Ordinances is amended by
redesignating subdivision 103.7.1.6 and its subdivisions as 103.1.1.7 respectively.
SECTION 4. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical,
Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and
adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended
by adding new subdivision 103.7.1.6 to read as follows:
-265-
Page 2 of 3
"103.7.1.6 Enerqy Code
"103.7.1.6.1. New residen'~ial construction. The fee to inspect a new structure for
compliance with the City'siEner.qy Code is five cents ($0.05) per square foot of the
building area."
SECTION 5. Subdivision 103i7.1.1.5, of Chapter 1, Administration, of the City of
Corpus Christi Building, Electiical, Gas, Mechanical, and Plumbing Technical
Construction Codes, as amenUed and adopted by Section 13-1 of the Code of
Ordinances, City of Corpus Ct~risti is amended to read as follows:
"103.7.1.1.5. Demolition of building or structure. For the demolition of any building
or structure, ....... ;~ ,,,,~,~*,, ,,;,,~,, ,~,,,~,o/~o ~m
.......... · ~,~ .......... w ...../. the fee is one and seven-tenths
cents ($0.017) per square root of the area of the buildin.q or structure to be
demolished, with a minimu[n permit fee of thirty dollars ($30.00). Each floor of a
multi-story building needs 1~o be included in calculatinq the total square footaqe."
SECTION 6. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical,
Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and
adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended
by adding new subdivision 103.7.1.13 to read as follows:
"103.7.1.13. Accessibility.
"103.7.1.13.1. Accessibility Inspection. The fee for an accessibility inspection is
seventy-five dollars ($75.0~).
"103.7.1.13.2 Accessibility, Review. The fee for the accessibility review of the
construction plans is seveqty-five dollars ($75.00)."
SECTION 7. Chapter 1, Administration, of the City of Corpus Christi Building, Electrical,
Gas, Mechanical, and Plumbing Technical Construction Codes, as amended and
adopted by Section 13-1 of the Code of Ordinances, City of Corpus Christi is amended
by adding new subdivision 103.7.1.14 to read as follows:
"103.7.1.14. Technoloq¥ FEe. The fee for applying for a permit over the Internet is
2.5% of the permit cost.
SECTION 8. The effective date of this Ordinance is August 1, 2003.
SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this Ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision in this Ordinance be given full force and effect for its purpose.
H:~LEG-DIR\Lisa\ORD3\July 15-Development Svc fees (Jay).doc
-266-
Page 3 of 3
SECTION '10. 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.
H:\LEG-DIRLLisa\ORD3\July 15-Development Svc fees (Jay).doc
-267-
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
That the foregoing ordinance was read for the first time and passed to its second
reading on this the . day of ,2003, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
,2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
2
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
APPROVED: July 10, 2003
Lisa Aguilar /"~)
Assistant City Attorney
for City Attorney
day of
,2003.
Samuel L. NeaI, Jr.
Mayor
ORDFRAME.DOC
-268-
A RESOLUTION
AUTHORIZING PARK, RECREATION, CULTURAL AND LEISURE TIME
ACTIVITIES RENTAL FEE AND RECREATIONAL FEE ADJUSTMENTS;
ADDING NEW RENTALiFEES AND RECREATIONAL FEES FOR FISCAL
YEAR 2003-04; PROVII~ING FOR PUBLICATION; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE.
WHEREAS, Section 36-3 of theI City Code requires City Council approval by motion or
resolution of any rental rates that increase by more than 25 percent and for any new rental
fees created; and,
WHEREAS, Section 36-7 of the City Code requires City Council approval by motion or
resolution of any recreation fees that increase by more than 25 percent and for any new
recreational fees created;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION '1. The City Council approves the adjusted rental rates and recreational fees, as
shown in Exhibit A attached, for Fiscal Year 2003-04.
SECTION 2. The City Council ,approves new rental rates and recreational fees, as shown in
Exhibit B attached, for Fiscal Year 2003-04.
SECTION 3. Publication will 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 4. This resolution becomes effective August 1, 2003.
SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this resolution 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 resolution, 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.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the day of July, 2003.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L, Neal, Jr.
Mayor
-269-
APPROVED: July 8th, 2003.
Lisa Aguilar ()
Assistant City A~orney
for City Attorney
-270-
EXHIBIT A
FEES INCREASED BY MORE THAN 25%
Section 1. ATHLETICS
B. Youth Athletics: Includes trophies, T-shirts, medical
Scholarship each additional child
E. Gymnasiums
Youth basketball tournament rental (10 hr. max)
Section 2. AQUATICS
A. General Admission
Youth 17 & under (outdoor pools)
Section 3. TENNIS
C. Lessons
Group lesson court fee
(~. Civic & Corporate tournaments
A~ Krsse max 8 courts
FY02-03
$t5/child
$175
$0.50
$0.75/lesson/pereon
$2.50/hr/court
Section 4. RECREATION CENTER RENTALS
Facitity rental fees below include staff supervision and cleanup
'Entire Facility' rate includes a 10% discount (includes all rooms)
Additional hour rate for all facilities
Non-Profit Organizations 501(C)(3) or other
community organizations
Section 5, RECREATIONAL FACILITY RENTALS
C. Festival Fees
Commercial Photographic Session
Non-refundabte reservation deposit
(applied to invoice it event is held)
Section 9. LATCHKEY
B. Summer Latchkey Program
Vacation Station per child
Scholarship per child
$25/hr
$25/room
$15/hr
St0o
$12/day
$5/day
Section 10. SPECIAL SERVICES
A_ Rentals
Special Event Vendor Permit
$25/vendor
Section 12. MARINA
J. Emergency Services (minirnum one hour charge):
Cost of materials plus 20% surchsrge
Pump out Equipment with Operator $75/hour
Marina vessel (two-person team; non-emergency) $100/hour
L. Boat Haul Out Facility: (Travel lift limited to maximum 15 ton capacity)
Haul out/hold in slings (maximum three heurs) $195
FY03-04
$20/2nd child
$250
$0.75
$1.00
$4
$35/hr
$35 koom
$25/hr
$15o
$20/dey
$12/day
$50/event
$100 /hour
$200 /hour
$250
-271-
EXHIBIT B
NEW FEES
Section 1. ATHLETICS
A. Adult Athletics: Include~ Trophies and Officials.
Recreational Adult Basketball League
C. Athletic Field Rentals
Youth Rental fee I~er field
FY03-04
$325/team
$20/hour
Section 2. AQUATICS
B. Annual Swim Passes
U.S. Swim Team Member (per season - shod & long course)
Youth $75
Adult $125
F. Family Night Swim
Five person family $2/family
G. Splash Parties - 2 houris
Natatorium
251 - 300 $450
300 & up $500
Section 3. TENNIS
F. HEB Covered Court Pavilion4Cees
Per person Monday through Friday:
8:00 am - 5:00 pm
Singles
Doubles
5:00 pm - 9:30 pm
Singles
Doubles
Per person weekends:
Saturday 9:00 am - 2:00 pm
Singles
Doubles
Sunday 1:00 pm - 6:00 pm
Singles
Doubles
Lesson Fees:
Private
Semi-Private
Group
$7
$8
$8
$5
$5
$4.50
$2.25
$2.00
Section 5. RECREATIONAL FACILITY RENTALS
B. Multicultuml Center Room Rentals (Galvan House)
First Floor or Courlyard (Sunday - Thursday)
Section 7. SUMMER YOUTH PROGRAM
A. Summer Recreation Program (drop in)
Monday - Friday, 11a - 4p (8 weeks)
Seotlon lO. SPECIAL SERVICES
A. Rentals
Park Use Permit
Section 11. GOLF
Weekday Green Fees
Marshal
E. Golf cart rental mtas
Marshal
F. Range balls
$200 ! 3 hrs
$1 /youth~/eek
$10/event
$1.00
$1.00
-272-
FY03-04
Range balls - Marshal
Section 12. MARINA
L. Boat Haul Out Facili~: (Trave} lift limiled 1o ma~mum 15 ton capacily}
Haul and Block (maximum one hour)
$150
-273-
19
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Automated Meter Reading Ini!iative
STAFF PRESENTER(S):
Name
Title/Position
Department
1. Mark McDaniel
2. Ogilvie Gericke
Executive Director
Director
Support Services
MIS
ISSUE:
The City contracted with Publi,¢ Technology, Inc. to assist with the development of a
strategy and specific recommendations for the pursuit of an Automated Meter Reading
solution. A Request for Proposal is now needed to enable staff to develop and evaluate an
Automated Meter Reading Pilot project.
BACKGROUND:
Numerous issues are facing the City's meter reading activity today. First, the Datamatic
handheld system being used by the meter readers is failing and must be replaced.
Secondly, legislation requires individual metering for multi-family dwellings, apartments and
trailer parks. And thirdly, the Cilty's aging meter infrastructure is being considered for a
significant upgrade.
It was therefore prudent to evaluate if an Automated Meter Reading solution may be more
cost efficient when compared to, the current manual system. Public Technology, Inc. was
hired to assist staff in this assessment and with the development of a strategy and specific
recommendations for the pursuit of an Automated Meter Reading solution.
We completed this task, and the projected cost estimates with corresponding savings
opportunities, indicated that Automated Meter Reading should be considered a viable
alternative. A Request for Proposal is now needed to enable staff to develop and evaluate
an Automated Meter Reading Pilot project.
REQUIRED COUNCIL ACTION:
No action required at this time. In near future, City Council will have to approve the
contract with PTI / RAM Technologies to assist with the development of this Request for
Proposal and implementation of the Pilot project.
Ogilvie F. Gericke, P.E.,
Director of Information Systems
-277-
EXHIBIT1: Automated Meter Reading Solutions
EXHIBIT 2: Cost Estimates over a 5 Year Implementation Period
-278-
EXHIBIT 1
Automated Meter Reading Solutions
Mobile Radio Frequency
Mobile Radio Frequency AMP,
capture meter readings.
utilizes vehicles equipped with radio transceiver units to
Utility meters must be quipped ~ ith transmitter units that transmit meter reading information
to a radio transceiver unit. The 'adio unit is installed in a vehicle, and meter reading route
data is downloaded from the uti lity billing system into the radio unit (transceiver).
The utility vehicle is driven alo
solicits meter readings from m,
Once meter readings have bee
information is then uploaded to
Mobile RF meter readings are c~
and require sufficient personn(
equipped to capture the desire(
lg a predefined meter-reading route, and electronically
;ters equipped to transmit a radio meter-reading signal.
n transmitted and captured by the mobile radio unit, the
the billing system for editing and bill generation.
~llected according to the utilities' desired billing frequency,
and vehicles (Corpus Christi or contracted third party)
meter readings.
The number of resources, vehic~les and radio transceiver units to accommodate Mobile RF
is determined by billing frequenby, account volumes, and meter reading route structures.
Fixed Network
Fixed Network (FN) AMR utilizes a stationary radio communication network to collect data
from utility meters capable of transmitting a meter-reading signal. FN AMR solutions do
not require personnel or vehicles to obtain meter reading information.
Utility meters are equipped with transmitter units that send meter reading information to a
data collection unit (DCU), a c~itical component of the fixed network. These DCU's are
mounted in strategic geographical locations to insure overlapping coverage for the capture
of radio signals issued by transmitter units attached to utility meters. DCU's are located at
"fixed" positions on poles, buiktings, or towers. These units are installed according to
specific heights and positions as recommended by the fixed network vendors to
accommodate specific geographic coverage areas.
The DCU's receive and store meter reading information, and then transmit that data to a
host computer with a connection (LAN) to the utility's billing system. The information is
then uploaded to the billing system for editing and bill generation.
Near "real time" meter reading information is available at all times with a FN solution and
may be obtained daily or more frequently as desired to accommodate the utility and/or
customer through the configuration of meter and data collection unit transmitters. Data
collection units may also be configured to immediately transmit information to the host
computer upon receipt of an urgent message or security alarm.
-279-
EXHIBIT 2
Cost Estimates
5 Year Implementation Period
Reduction in Manual Cumulative Cost to Replace
Project Year AMR CoSt~ Meter Reading Costs Delta Meters
Year 1 - Pilot $997,700 [$83,334) $9t4,366
Year 2- Phase 1 $2,779,8821 [$216,665) $3,477,583 $1,555,666
Year 3 - Phase 2 $2,783,351 [$405,603) $5,855,331 $1,555,666
Year 4- Phase 3 $2,786,954i ($659,297) $7,982,988 $;1,555,666
Year 5- Phase 4 $2,790,705 i ($828,648) __. $9,945,045 i ~;1,555,666
Year 6 - Phase 5 $2,838,604 i ($1,267,347) $11,516,302 $t,555,666 __
Year 7 $129,859 ($1,368,041) $10,278,120
Year 8 $134,076 ($1,370,762) $9,041,434 ~_
Year 9 $634,996 ($1,425,593) $8,250,837
Year 10 $639,558 ($1,591,921) $7,298,474
Year 11 $688,303 ($t,603,598) $6,383,179
Year 12 $649,236 ($1,667,742) $5,364,673
Year 13 $654,369 ($1,784,452) $4,234,590
Year 14 $163,t7t ($1,803,830) $2,593,93t
Year 15 $168,722 ($1,948,136) $8t4,517
Year 16 $714,51t ($2,076,056) ($547,028
Year 17 $716,114 ($2,107,098) ($1,938,012
707A._L_ ....... $20,270~,_1~_1~._.($2_ 2,208_~.,123) _ ($1,938,01. 2 _.j$~7_!77 8,33~0 ___
-280-
City of Corpus Christi
Automated Meter Reading (AMR)Initiative
Approach and Strategy
Presented by:
Mark McDaniel, Executive Director of Support
Services
Ogilvie Gericke, Director of Information Systems
PT'~
P
'ect Teams
CONSULTANTS
Christopher Minton, RAM Technologies
Brian Anderson, PTI, Inc.
Ronda MoSley-Rovi, PTI, Inc.
ADVISORY GROUP
The City of Philad_e!phip, PA
The City of Olathe, KS
The City of Santa Rosa, CA
The City of Rochester, NY
The City/County of Denver
The City of Raleigh, NC
The City of Wichita, KS
The City of Philadelphia, PA
The City of Olathe, KS
The City of Sa nta Rosa, CA
Public_ Technology, Inc. June 5, 2003 P"'~e 2
) ~ ~
!
Project Teams
JTIVE STEERING TEAM
Mark McDaniel, Executive Director,
Supp(~t Serv!ces
Debbie Marroquin, Director, Gas
Operations
Ed Gara~a, Director, Water
Operations
LeeAnn Dumbauld Director,
Finahce
OgilvieGeriCke, Director. MIS
PROJECT TEAM
Ogilvie Gericke, Director, MIS
AJex Pue_nt~, Utility Fie_Jd C),n~.r2tinn.~
Alisa Ansley, Acting Utilities Business Office
Manager
Bob Bailey, General Foreman. Gas
Dade Gunning, Superintendent, Gas Maintenance
& Operations
Danny Ybarra, Assistant Director, Water Operations
Debby Studer Applications Coordinator, MIS
Don Nattinger, Network Administrator. Police
Jim Russell, Business Unit Manager, MIS
Leonard Scott, Police Captain
Lisa~Ortiz-Ag uilar. Attorney III
Marlo Tapia, Assistant DirectOr, Capital Budget
Ron Dubuque, Functional Analyst, Finance
Public Technology, Inc. June $, 2003 Page 3
Project Purpose
Interested in evaluating AMR as a solution to address
Current Datamatic handheld system used by meter readers is
failing
uired to conform to legislation requiring individual
meterslformulti,family dwellings, apartments, trailer parks,etc.
infrastructure is being considered for a significant
upgrade/-investment as a result of aging Water andGas meters
To evaluate if an automate~l.:metering system would be more
cost efficient overtime compar'ed to the current manual system
Public~ Technology, Inc. June S, 2003 .F'~e 4
) I r
Engagement Objectives
With assistance from PTI / RAM Technologies:
· Assemble an AMR Advisory Group (PTI members)
· Develop objectives and project requirements
· (vendors / technology)
~ ieW~oUr syStems environment and processes
· specific recommendations for the
pursuit of an AMR solution
Public Technology, Inc. June 5, 2003 Page
AMR Solution Alternatives
Summary Description
Mobile Radio Frequency (RF) AMR utilizes vehicles equipped with
radio transceiver units to capture meter readings from utility meters
i ' '
equ pped with transm tter units. Requires personnel to operate vehicles.
:ilizes a stationary radio communication
network to collect meter reading data from utility meters equipped with
FN AMR solutions do not require personnel or vehicles
to obtain meter reading information.
June 5, 2003
Solution Characteri
stics
Mobile Radio Frequency (RF)
Fixed Network (FN)
· Requires vehicles · Does not require vehicles
· Requires personnel to · Does not require personnel
operate vehicles
· Reads meter on set schedule
· Stand-alone application
· Reads meter when desired -
on demand
· Build-out in accordance with
meter reading routes and as
needed
· Higher upfront cost tobuild
out
· Can be integrated with other
wi reless applications
Public Techno ogy Inc, June 5, 2003 Page 7
Current Meter Reading Costs
The following meter reading costs have been prejected eve~ a 15 year period
Current Costs of 24 meter readers (15 years)
Costs of 3 additional meter reading employees required to
)
$20,023,588
$1,074,155
Replacement of meter reading hand held devices
$ 250,000
T~otal Meter reading costs over 15 years
$21,347,743
Notes:
1. Costs include 4% annual salary increase for meter reading personnel
2. City growth rate is projected at 0.9% p~r year
3. Datamatic hand held devices have a Useful life of 3 years @ $50,000
Public Technology, Inc.
June 5, 2003
~8
AMR Cost Projections
The cos-t estimates-on the following slide have been derive(t from ~
AMR vendor responses to the Request for Information distributed during
this engagement.
Note: ~VendOrcost estimates do not include meter replacement and/or
retr lng costs. A fixed cost to upgrade.the city's meter
8,350;00 over a 15-year
period, and will be required regardleSS of a decision to implement AMR.
Public Technology, Inc: June 5, 2003 Page 9
Pilot Cost Projections,~ ,~
Mobile RF (Itron)F~xed Network (Hexagram)
Pilot Deployment · Pilot Deployment
· Gas Meters: 2,213 · Gas Meters:
· Water Meters: 2,389 · Water Meters:
2,213
2,389
$997,700 · Pilot Costs:
$945,719.00
· Annual Maint.:
$ 12,282
· Annual Maint.'
$ 2,000.00
Public Technology, Inc. June 5, 2003 P.p~l 0
II System Pre-bid Cost Projections- 15 Years
Mobile
RF (Itron)
Fixed Network (Hexagram)
Full Deployment · Full Deployment
· G~as Meters: 69,718 · Gas Meters:
· Water Meters: 95,793
· Water Meters:
69,718
95,793
Fixed Costs:
$14,147,692.63 · Fixed Costs:
$22,773,792.00
$1,668,630.00
132,000.00
66,000.00
$ 2,482,665.00
Hand Held Replace $ 50;000:00
Maint. Costs $ 292;500.00
Additional/Recurring Costs:
· Personnel (0) $ 0.00
· Vans $ 0.00
· Van Maintenance $ 0.00
·Battery Replace $ 0.00
·Hand Held Replace $ 50 000.00
·Maint; Costs $ 28,000.00
· Total Cost:
Public Technology, Inc.
$18,839,487.63
· Total Cost:
$22,851,792.00
June 5, 2003 Page 11
Implementations Strategy
· Implementation period can vary - 5 year or 10 year
· Dependant on availability of funding and ROI
· Use of a targeted approach
· Difficult-to-read areas
· Old meters
, etc.
· ;Be pa~ of CIP
· Coincide with meter upgrade / replacement program
~12
Publir Technology, Inc. June S, 2003 .
Other Benefits of AM R
Improved customer service
· More accurate and. up.to-date data .......
· Reduced number of estimated reads
· Reduced customer complaints and billing adjustments
· Reduced number of re-reads
· Reduced call volumes / abandoned, call.s
Increased revenue from und. er registering meters
(C°Stlreduction) of infrastructure if combined with
s (Work Management System, MDC /
Potential use in detecting leaks
Potential to p ovlde customer the ability to access daily
consumption on line
Public Technology. Inc. June 5, 2003 Page 13
Summary Conc! sion
· Projected cost estimates and corresponding savings
oPportunEies indicate that AMR should be considered as a viable
alternative
· Price points differ significantly between Mobile RF and FN
solutions for AMR. Mobile RF AMR solution is the most cost
effective alternative if AMR is the sole application
· FN lends itself to other applicationS. It can, also provide bandwidth
for other wireless applications¢~Such as CMMS and MDC / AVL and
may be the most~costeffe g all
potential applications
Public Technology, Inc. June 5, 2003 ¥%14
Recommendations
Request approval for the RFP and Implementation Process
Negotiate a consultant contract with PTI / RAM Technologies and
then submit to Council requeSting approVal 0fapp-oi'n'tment
II.
IV.
V,
VI
Implementation Process
Develop a Request for Proposal (RFP's) for the AMR Pilot
'~g meter information) to entertain both Mobile RF
~twork solutions,
· oposal (RFP) for Metering Components
IR Technology and Vendor
Implement AMR solUtion in Pilot mode
Conduct Pilot Post-implemen[~tion Review
Determine Next Steps based on Post Pilot Imp ementabon (roll
out)
Public Technology, Inc. June 5 2003
Publi,*' Technology, Inc. June 5, 2003 P~ne 16
I ) )
20
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: (Caption/Title of Presentation as it should appear on the agenda)
Repod on the Neighborhood Initiative Pilot Program in the Cunningham and Chula
Vista Neighborhood.
STAFF PRESENTER(S):
Name
1. Mary Dominguez
2.
3.
Title/Position
Director
Department
HCD
OUTSIDE PRESENTER(S):
Name
Title/Position
Orqanization
ISSUE:
BACKGROUND:
REQUIRED COUNCIL ACTION:
Additional Background o
Exhibits o
artn~nt Head Sigl~t~e'~
-299-
Neighborhood Initiative
Program
Pilot Program
Submitted by Mary Dominguez
Director of Housing and Community
Development
Nei hborhood Back round
Centrally located neighborhood
consisting of 1000+ properties
bound by Crosstown, Home
Road, Gollihar Road, and
Greenwood Drive
Subdivision construction began
in the 1950's
Surrounded by 3 school
campuses: Chula Vista
Elementary,Mary Grett School
and Cunningham Middle
School
Estimated population: 3,300
Process
Residents were given an opportunity to
voice concerns and opinions in a
neighborhood meeting
· An assessment of the area was conducted
· City departments teamed and coordinated a
concerted effort to improve the
neighborhood
Nei hborhood Issues
· Relatively high crime area
· Open storage of vehicles
· Sinkholes
· Sidewalks
· Drainage
· Graffiti"Tagging"
· Need for "Adopt-a-Park"
· Speed humps needed
· Additional lighting needed
· Noise levels in the late hours
· Stray dogs and cats, improper
leashing of dogs
De artments Assessment
Housin.q and Community
Development-Care of Property,
Vacant Lots and Buildings,
Signage, Junk Vehicles and
Other Detriments
En,qineeri n.q-Vision
Obstruction, Sidewalk and
Street Passage, New Lighting or
Upgrades Needed, and Speed
Bump Installation
Health Department-Stray Cats
and Dogs, Dog Deaths and
Breeding
· Police Department-
Relatively High Crime
Neighborhood
Solid Waste-Debris, Open
Storage of Vehicles, Auto
Parts, Rubbish, Mattresses
and Home Appliances
Streets-Streets Need to Be
Leveled and Sealed, Graffiti
Addressed, Replace
Barricades, Crosswalks
Need to Be Repainted
Schedule of Events
· April '17-25
· May 2
· May 8
· May 9-30
,June-July
Preliminary Assessments
Done/Discussions with Departments
Departments Meet to Discuss Strategy and
Distribute Flyers to Residents
Departments Meet with Residents at Cunningham
School to Discuss Issues and Concerns
Departments Begin Working with Citizens to
Tackle Priority Issues and Concerns
Follow-Up Neighborhood Meeting,
Enforcement of Violations begins
De artment Action Taken
· Housing and Communi,ty
Development
· Advised Property Owners of
Violations;
· Boarded Up Vacant Bt~ildings
· 1,026 Properties with 280
Violations Identified
· Reduced to 91 Violations
Currently in Resolution
· Facilitated the Disposal of
Garbage, Towing of Inoperable
Vehicles, and Correcting
Violations
· Health Department
· Animal Control Increased
Patrols in the Area
· Parkand Recreation
·Cleaned Park
·Met with Residents regarding
"Adopt-a-Park" ideas and
concerns
· Additional meetings planned
for more neighborhood input
· En~ineerin~
·Installed 7 New Street Light
Fixtures
· Upgraded the 5 Existing Street
Light Fixtures
· Began Survey and Petition for
Speed Hump Installation
· Police Department
· Increased Patrols
· Solid Waste
° Scheduled Pickup of All Items
Except Household Hazardous
Waste
· 116.76 Tons of Debris Were
Collected
· 4.34+ Tons of Tires Collected
· Storm Water
·Future Plans Include Hydraulic
Analysis
· Analyze the Need for
Additional Underground Storm
Pipe
· Analyze Possible Replacement
of the Curbs and Gutters
· Streets
· Repaired Potholes
· Replaced and Cleaned Signs
· Painted Crosswalks
Partici atin De artments
· Housing and Community Development
· Engineering
· Solid Waste
· Street Services
· Health
· Park and Recreation
· Storm Water
· Police Department
Before and After
Before and After
Before and After
Conclusion
· City and Residents
Have Similar
Concerns
· Coordination Among
Departments in a
Short Period of Time
Yielded Excellent
Results
21
NO ATTACHMENT FOR THIS ITEM
-319-
City of
Corpus
Christi
-322-