Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 07/19/2005
CITY COUNCIL AGENDA JULY 19, 2005 Corpus Christi AII-AmedcaCity 11:45 a.m. Proclamation declaring July 23, 2005 as "Feria De Las Flores Day" Swearing-in ceremony of new appointed board, commission and committee members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD JULY 19, 2005 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 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. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea didgirse al Concflio y cree que su /ngl¢s es limitado, habr~ un int¢rprete ingl¢s-espar~ol en todas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend lhis 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 approprfate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Bobby Underhill, Windsor Park Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Melody Cooper Council Members: Brent Chesney Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of July 12, 2005. (Attachment # ) Agenda Regular Council Meeting July 19,2005 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action spec/fled. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items are ora routine or administrative nature. The Council has been furnished with background and suppod material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving the purchase of laboratory equipment from Bio- Rad Laboratories, Inc., Hercules, CA, based on sole source in the amount of $42,459. This equipment will be used by the Health Department. Funds are available from the Health Department Grants Fund. Attachment # 2) Motion approwng the purchase of two (2) brush loaders from Chastang's Bayou City Ford Truck Sales Inc., Houston, Texas for the total amount of $174,768. The award is based on the cooperative purchasing agreement with the Texas Local Govemment Purchasing Cooperative (TLGPC). These brush loader trucks will be used by Solid Waste Services. Funds are CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 19, 2005 Page 3 budgeted in the Maintenance Services Capital Outlay Fund and are replacements to the fleet. (Attachment # 3) Motion authorizing the City Manager or his designee to accept a grant in the amount of $145,740 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 4) Ordinance appropriating $145,740 from the Executive Office of the President, Office of National Drug Control Policy, in the No. 1061 Police Grants Fund to support the Corpus Christi Police Department's (CCPD) Role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 4) Motion authorizing the City Manager or his designee to accept a grant in the amount of $469,142 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 5. (Attachment # 5) Ordinance appropriating $469,142 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund, appropriating $11,263 from the No. 1061 ATPA Asset Seizure and Forfeiture Account as matching funds. (Attachment # 5) Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet, & Gutierrez Engineering, Inc. in the amount of $433,220 for the Street Ovedays Project as follows (BOND ISSUE 2004): (Attachment # 6) Williams Drive - Everhart Road to South Staples Street McArdle Road - Holmes Ddve to Whitaker Ddve Gollihar Road - South Staples Street to Aidine Road Whitecap Boulevard - Bonasse Court to SPID (Park Road 22) Baldwin Boulevard - Crosstown Expressway to South Staples Street CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 19,2005 Page 4 10. 11. 12. Ayers Street - Home Road to Watson Street Calallen Drive - Highway 77 to West Redbird Lane West Redbird Lane - Calallen Drive to IH-37 Resolution amending Resolution No. 025547 recognizing public necessity of acquiring utility, right-of-way, and construction easements for the Southside Water Transmission Main Project, Phase 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements; and revising the list of properties along the route due to rerouting of the pipeline at Yorktown Boulevard and Waldron Road. (Attachment # 7) Motion authorizing the City Manager or his designee to execute a professional services contract with Mythics, Incorporated in an amount not to exceed $49,750 for consulting services to provide the City with functional support for the upgrade of the PeopleSoft Financials v7.02 software to v8.8 software. (Attachment # 8) Resolution approving amendments to the City's Investment Policy. (Attachment # 9) Resolution amending the VALIC Retirement Services company dba American General Retirement Services Deferred Compensation Plan adopted by Resolution No. 024321 to include provisions for loans to participants. (Attachment # 10) Ordinance authorizing the City Manager or his designee to execute a five-year professional services contract and lease agreement with Total Tennis, Inc., Steven B. Denton, President (Pro), for tennis operations at the HEB Tennis Center in consideration of Pro paying the city 5% of Pro and lesson revenue, and collecting and forwarding City revenue to City in return for Pro's exclusive use of tennis center, and City paying Pro $4,138 per month for pro operating tennis center. (Attachment # 11 ) Second Reading Ordinance - Ordinance amending the Code of Ordinances, City of Corpus Chdsti, Chapter 53, increasing parking meter rates on Breakwater, West Surfside, East Surf'side CITY COUNCIL PRIORITY ISSUES (Refer to legena at the end of the agenda surnrnaw) Agenda Regular Council Meeting July 19,2005 Page 5 13. 14. and U.S. Highway 181 East Access Road from twenty-five cents per hour to fifty cents per hour; providing for penalties; and providing for effective date of August 1, 2005. (First Reading - 7/12/05) (Attachment # 12) PUBLIC HEARINGS: ZONING CASES: Case No. 0605-03, Randy Maldonado: A change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District. The property is in Tracy Subdivision, Block 8, 30 feet of Lot 1 and 24 and Lots 2 and 23, located along Baldwin Boulevard between Cloyde Street and Lynch Street. (Attachment # 13) Planning Commission and Staffs Recommendation: Approval of a "B-l" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Randy Maldonado, by changing the zoning map in reference to Tracy Subdivision, Block 8, 30 feet of Lots 1 and 24, and Lots 2 and 23, from "A-B" Professional Office District to "B-I" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0605-04, James Spencer: A change of zoning from a "R-lB" One-family Dwelling District to a ~B-3" Business District. The property is in Flour Bluff Estates No. 2, Block 9, Lots 7A and 7B, located along Scotland Street and 125 feet east of N.A.S. Drive. (Attachment # 14) Planning Commission and Staffs Recommendation: Approval of a "B-3" Business District. ORDINANCE Amending the Zoning Ordinance upon application by James Spencer, by changing the zoning map in reference to Flour Bluff Estates Number 2, Block 9, Lots 7A and 7B, from "R-lB' One- CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of bhe agenda summary) Agenda Regular Council Meeting July 19,2005 Page 6 15. 16. family Dwelling District to "B-3" Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0605-05, John Brat-ton: A change of zoning from "F-R" Farm-Rural District to a "R-E" Residential Estate Distdct and a "B- 1" Neighborhood Business District. The property is 350 acres out of Laureles Farm Tracts, south half of Section 31, and north half of Section 32, located south of F.M. 2444 (South Staples Street) and east of County Road 41. (Attachment # 15) Planning Commission's and StafFs Recommendation: Approval of a "R-E" Residential Estate District and a "B-I" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by John Bratton, by changing the zoning map in reference to 350 acres out of the Laureles Farm Tracts, south half of Section 31, and north half of Section 32, from "F-R" Farm-Rural District to "RE" Residential Estate District and "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0605-08, Leon Johnson III/Landmark Commission: A change of zoning from a "R-1B" One-family Dwelling District to a "R-1B"/HC-lV One-family Dwelling District with a Historical Cultural Overlay Classification. This property is in Del Mar Subdivision, Block 17, Lot 21, located along Clifford Street and 300 feet west of Santa Fe Street. (Attachment # 16) Planninq Commission and StafFs Recommendation: Approval of a "R-1B"/HC-lV One-family Dwelling Distdct with a Historical Cultural Oveday Classification. ORDINANCE Amending the Zoning Ordinance upon application by the City of Corpus Chdsti Landmark Commission and Leon Johnson III, by changing the zoning map in reference to the Del Mar Subdivision, Block 17, Lot 21, from "R-1B" One-family Dwelling Distdct with CITY COUNCIL PRIORITY ISSUES (Refer [o legend at the end of the agenda summary) Agenda Regular Council Meeting July 19, 2005 Page 7 "HC" Historical Cultural Overlay Classification; amending the Comprehensive Plan to account for any deviations to the existing Comprehensive Plan. PRESENTATIONS: Public comment will not be solicited on Presentation ifems. 17. Work Force 1 Quarterly Update (Attachment # 17) 18. Downtown Management Distdct Update (No attachment for this item) t 9. City Council Focus Area: Downtown (Attachment ¢ 19) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 20.a. Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of agreement to grant business incentives to McTurbine, Inc. for the creation of 100 jobs. (Attachment ¢ 20) 20.b. Resolution approving contract between Corpus Christi Business and Job Development Corporation and McTurbine, Inc. for $500,000 of economic development sales tax monies for reimbursement of construction costs for new 40,000 square foot helicopter maintenance facility for creation and employment of 100 new full-time positions. (Attachment ¢ 20) 21 .a. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Chdsti, Chapter 55 regarding Rules and Procedures for Public Access Cablecasting. (Attachment ¢ 21 ) 21 .b. First Reading Ordinance - Amending the franchise granted to Texas Cable Partners (Time Warner) regarding use of access channels when not in use by access channel users. (Attachment ¢21) CITY COUNCIL PRIORITY ISSUES (Refer [o legend at the end of agenda sumrnaw) Agenda Regular Council Meeting July 19, 2005 Page 8 23. 24.a. 24.b. 24.c. SPECIAL BUDGET CONSIDERATION ITEMS: First Reading Ordinance - Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1,2005; to be filed with the County Clerk; appropriating monies as provided in the budget. (Attachment # 22) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39, PERSONNEL: First Reading Ordinance - Amending the Code of Ordinances by revising Section 39-301 Definitions; revising Section 39-303, Standard Classifications, Pay Plans, Pay Grades, and Ranges, as amended; and providing for pay adjustments to relieve pay compression; revising Section 39-306 Full Time Employees; revising Section 39-334 Plan I Bereavement Leave; revising Section 39-338 Plan I Use of Personal Leave and Vacation in lieu of Sick Leave; revising Section 39-350 Plan II Bereavement Leave; revising Section 39-353 Plan II Use of Personal Leave and Vacation in lieu of Sick Leave; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (Attachment # 23) PROPOSED FEE/RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2005-2006 BUDGET: First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Chdsti, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date. (Attachment # 24) First Reading Ordinance - Amending Section 55-22, 55-28, and 55-38, the Code of Ordinances, City of Corpus Chdsti, regarding application fees for Utility Service, fees for testing meters, and service charges related to disconnecting utility service and bypassing or tampering with meters; providing for penalties. (Attachment # 24) First Reading Ordinance - Amending Section 55-63 and 55-70, Code of Ordinances, City of Corpus Christi, regarding fees for servicing gas appliances and gas tap fees. (Attachment # 24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting July 19, 2005 Page 9 24.d. 24.e. 24.f. 24.g. First Reading Ordinance - Amending Section 35-92, Code of Ordinances, City of Corpus Christi, to impose an administrative fee for the transfer of an oil and gas well permit; providing for penalties. (Attachment # 24) First Reading Ordinance - Increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus Christi; providing an effective date. (Attachment # 24) First Reading Ordinance - Amending the Corpus Chdsti Code of Ordinances, Chapter 9, Section 9-61, Permit for Airport Ground Transportation Operations, by revising fees and charges; providing for an effective date of September 1,2005, providing for repeal; providing for penalties. (Attachment # ) First Reading Ordinance - Amending Section 9-35.1 Code of Ordinances, to add discounts for parking for thirty days or longer, waiver of certain parking fees, and commuter monthly parking permits for flight staff of aidines and code-sharing aidines based at the Corpus Chdsti Intemational Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for an effective date. (Attachment # 24) PUBLIC COMMENT FROM THE AUDIENCE ON MATFERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present if to the City Secretary.) Si usted se didge a la junta y cree que su ingl¢s es limifado, habr~ un int¢rprete ingl~s-espat~ol en la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaq/) Agenda Regular Council Meeting July 19,2005 Page10 25. 26. 27. 28. STAFF, COUNCIl MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff,' reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 79~h Texas Legislature. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at bhe end of ~e agenda summary) P. ADJOURNMENT: Agenda Regular Council Meeting July19,2005 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer Io legend at [he end of the agenda summary) POSTING STATEMENT: This agenda was posted on the Ciby's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 4:00 p.m., July 15 , 2005. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority Issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 12, 2005 - 10:00 a.m. PRESENT Mayor Henry Garrett Council Members: Brant Chesney Jerry Garcia Rex Kiunison Bill Kelly John E. Marez Jesse Noyo[a Mark Scott City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa ABSENT Mayor Pro Tern Melody Cooper Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Brian McDonald of Glad Tidings Assembly of God and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. Mayor Garrett called for approval of the minutes of the regular Council meeting of June 28, 2005. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the follovang board appointments were made: Cable Communications Commission Dr. Bruce Nelson Stmtton (Appointed) Robert A. (Bob) White (Appointed) Committee for Persons with Disabilities Abel Alonzo (Appointed) Planning Commission R. Bryan Stone (Reappointed) Johnny R. Martinez (Appointed) James Skrobarczyck, Sr. (Appointed) Corpus Christi Business and Job Development Corporation Gail Hoffman (Appointed) Sam J. Susser (Appointed) Corpus Christi Convention and Visitors Bureau POSTPONED Mayor Garrett called for consideration of the consent agenda (Items 3 - 20)_ City Secretary Minutes - Regular Council Meeting July 12, 2005 - Page 2 Chapa armounced that Mr. Noyola was abstaining from the vote and discussion on Items 8 and 14. Mr Bill Kopecky, 3609 Topeka, requested that Item 16 be pulled for individual consideration. There were no Council comments. A motion was made and passed to approve Items 3 through 20, constituting the consent agenda, except for Item 16, which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2005-213 Motion approving the purchase of forty (40) portable radios from Dailey & Wells Communications, Inc., of San Antonio, Texas in the amount of $35,695. The award is based on sole source. The portable radios will be utilized by the Health Department. Funds are available from the Health Deparm~ent Grant Fund. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kixmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 4. MOTION NO. 2005-214 Motion approving the purchase of one (1) pickup truck from Philpott Motor Company, of Nederland, Texas for the tohal amount of $31,106. The award ~s based on the Cooperative Purchasing Agreement with the Houston Galveston Area Council of Governments. This unit is a replacement. Funding is available from the FY 2004-2005 Beach Operations Budget. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinmson, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 5 MOTION NO. 2005-215 Motion approving the purchase of emergency response pharmaceuticals from HI-IS Supply Service Center of Perry Point. Maryland in accordance with Bid Invitation No. BI-0123-05, based on low bid, in the amount of $65,568. Funds are available in the Fire Depa~hnent Grants Fund_ The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 6. ORDINANCE NO. 026329 Ordinance appropriating $13,500 in training revenues received from Del Mar College into the General Fund Fire Department for purchase of a thermal image camera and lxansmitter; amending the FY 2004-2005 Operating Budget adopted by Orclinance No. 025878, by increasing estimated revenues and appropriations by $13,500 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kiunison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting July 12, 2005 - Page 3 7 8 RESOLUTION NO. 026330 Resolution authorizing the City Manager or his designee to submit an application to the Texas Forest Service for a grant in the amount of $30,000 to fund a professional forester position with a $24,000 match from Fund 1020 Park Operations. The foregoing resolution was p~ssed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-216 Motion authorizing the City Manager or designee to execute an agreement with M. Dee Koch, PhD for psychological services for the Police, Fire and Aviation Departments. The term is for thxee years at an hourly rate of $40 with an estimated annual cost of$113,200. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper was absent; Noyola abstained. 9.a. MOTION NO. 2005-217 Motion authorizing the City Manager or his designee to accept supplemental grant funding in the amount of$11,580 from the Texas Automobile Theft Prevention Authority (ATPA) for the motor vehicle theft enforcement grant within the Police Department. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 9.b. ORDINANCE NO. 026331 Ordinance appropriating $11,580 from the Texas Automobile Theft Prevention Authority (ATPA) for the Motor Vekicle Theft Enforcement Grant within the Corpus Christi Police Department in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the followhng vote: Garrett, Chesney, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 10.a. RESOLUTION NO. 026332 Resolution authorizing the City Manager or his designee to accept a grant fi.om Wal-Mart in the amount of $1,000 to promote recycling. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting July 12, 2005 - Page 4 !0.b. ORDINANCE NO. 026333 ll. 12. Ordinance appropriating estimated $25,000 from Corporate Entities in the No. 1051 Solid Waste Grants Fund to promote recycling. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kb'raison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO. 2005-218 Motion authorizing the City Manager or his designee to authorize payment of Invoices 856068 and 856069 for twelve months software maintenance with HTE, Inc., of Lake Mary, Florida in an amount not to exceed $123,941. Included in the maintenance agreement are the HTE modules for Utilities Business Office, Cenlxal Cashiering, Accounts Receivable, Collections, Development Services, and Housing and Community Development. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. MOTION NO- 2005-219 Motion authorizing the City Manager or his designee to execute Change Order No. 8 to the construction contract with King Isles, Inc., of Corpus Christi, Texas in the amount of $286,742.36 for the C-4 Street Reconstruction Project, Part B - Ayers StreeffGollihar Road to complete the project. (BOND ISSUE 2000) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent_ 13. MOTION NO. 2005-220 Motion authorizing the City Manager or his designee to execute Change Order No. 4 to a construction contract with R. M. Wright Consmaction Co_, of El Paso, Texas ia the mount of $93,490.01 for the replacement of existing piping at the EverharffStaples Lift Station. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Crarcia, Kelly, Kilmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting July 12, 2005 - Page 5 14. MOTION NO. 2005-221 Motion authorizing the City Manager or his designee to execute a construction contract with Robles and Sons, Inc., of Cibolo, Texas in the amount of $275,000 for the Corpus Christi International Airport Air Traffic Control Tower Demolition Project. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia. Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 15 ORDINANCE NO. 026334 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with BL Real Estate Holding Company, LP (Owner) for the fight to construct and maintain a private 2-inch PVC force main to extend approximately 60 linear feet across the Wyndale Drive street right-of-way and approximately 10 linear feet within the Claudia Drive street right-of-way, located just east of Laguna Shores Road and north of Martha Drive; establishing a fee of $220. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 17. ORDINANCE NO. 026335 Ordinance appropriating $476,950.11 from City Hall Capital Improvement Program Fund 3160 and transferring the $476,950.11 to and appropriating in the General Fund 1020 for capital improvements to the Corpus Christi Natatorium; amending the FY 2004-2005 Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $476,950.11; amending FY 2004-2005 Annual Operating Budget adopted by Ordinance No. 025878 by increasing revenues and appropriations each by $476.950.11. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting July 12, 2005 - Page 6 18. ORDINANCE NO. 026336 Ordinance authorizing the City Manager or his designee to execute a four-year lease w/th the Texas State Aquarium Association ("TSAA") to operate the parking lot in the right-of-way of Highway 181 (Harbor Bridge) in consideration ofTSAA's paymem of the bond fund note of approximately $150,000 annually, maintenance of the landscaping and parking lot, and if parking revenues exceed $400,000 annually, payment to City of 50% of the excess revenues. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kirmison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 19. FIRST READING ORDINANCE Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53, increasing parking meter rates on Breakwater, West Surfside, East Surfside and U.S. Highway 181 East Access Road fi.om twenty-five cents per hour to fifty cents per hour; providing for penalties; and providing for effective date of August 1, 2005. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. 20. ORDINANCE NO. 026337 Waiving the 60-day waiting period and publication of legal notice; renaming the park at 2120 Hudson St. from Midway Park to Nancy Todd Crarrett Memorial Park. (First Reading 6128/05) The foregoing ordinance was passed and approved on its second reading with the following vote: Gamett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 16 regarding an agreement for governmental relations services. Mr. Bill Kopecky, 3609 Topeka, spoke against the agreement for lobbyist services because he questioned whether it was necessary to have a full-time lobbyist in Washington, D.C. He also questioned the funding for the agreement, which was being split between the general fund (1/3) and the water fund (2/3), saying the water fund was being overly used for this purpose. Council Member Scott, Council Member Garcia, and Mr. Noe spoke in support of the lobbying efforts of Meyers & Associates. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting July 12, 2005 - Page 7 16. MOTION NO. 2005-222 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and Meyers & Associates for governmental relations services. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, M~rez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the follouang zoning case: Case No. 0605-02, H. E. P. Developers, Inc.: A change of zoning fi.om a "R-1B" One-family Dwelling District to a "RE" Residential Estate District. The property is 19.98 acres out of Flour Bluffand Encinal Farm and Garden Tracts, Lot 18, Section 48, located along Graham Road and 670 feet east of Flour BluffDfive. City Secretary Chapa said the Planmng Commission and staff recommended the denial of the "RE" Residential Estate District and in lieu thereof, approval of a "R-1B/SP" One-family Dwelling District with a Special Permit, subject to seven (7) conditions. Assistant Dh-ector of Development Services Michael Gunmng reported the applicant was requesting the change in zoning to improve a 19.96 acre tract off of Graham Road and west of Flour Bluff Drive for development of a 19-lot single-family subdivision on minimum one-acre lots. He said the aforementioned Planning Commission and staffs recommendation was contingent upon a Special Permit requixing the developer to provide a retention or detention pond either on- or off-site to account for the additional run-off that may occur during high rains periods. Mr. Gunning said the applicant was in agreement with the "R- 1B/SP" One-family Dwelling District zoning with a Special Permit. No one appeared in opposition to the zoning change. A motion was made, seconded, and passed to close the public hearing. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 026338 Amending the Zoning Ordinance, upon application by H.E.P. Developers, [nc., by changing the zoning map in reference to 19.98 acres out of Flour Bluff and Encinal Farm and Garden Tracts Lot 18, Section 48, from "R- 1 B" One-family Residential District to "R- 1B/SP" One- family Dwelling District with a Special Permit subject to a site plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations fi.om the existing Comprehensive Plan to account for any deviations fi'om the existing Comprehensive Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Gan'eth Chesney, Garcia, Kelly, Kirmisoa, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Minutes - Regular Council Meeting July 12, 2005 - Page 8 Mayor Garrett referred to Item 22.a., and a motion was made, seconded, and passed to open the public heating on the following item: 22.a. Public heating to consider and nominate applications to the Office of the Governor for Renewal Community Commercial Revitalization Deduction allocations. Assistant City Manager Oscar Martinez explained that Corpus Christi was one of 40 designated Renewal Communities across the country. He said the city could nominate up to $12 million in the current year for Renewal Community Commercial Revitalization Deductions. Each company with an eligible project submitted an applicatmn and, if approved, would have approximately two years from the approval date to incur the expenses and realize the deductions. He said today staffwas presenting its recommendations for several local businesses that submitted applications for 2005 funding_ He said the nominated projects requested $2,055,000 in 2005 funds, and also included a binding commitment of $2.5 million for the 2006 allocation requested by DRD Reel Interests, LLC. Mx. Martinez stated descriptions of each business submitting an application were available in the Council's packet. Mr. Kinnison asked how much funding would be remaining from the 2005 allocation after today's action Mx. Martinez answered approximately $9 million of the $12 milhon 2005 allocation would remain. Mr. Kinnison asked if there were any applications pending. Mr. Martinez replied there may be some additional businesses indicating an interest. In reply to MX. Kinnison's question, Mr. Martinez stated at the end of the year, any remaining funds would be gone. Mr. Kinnison asked if the coliseum project would be eligible for Renewal Corrmaunity funding. Mr. Martinez answered affirmatively, saying the coliseum was in the designated Renewal Comanunity area. He said staffhad referred to this in the draft RFQ for the coliseum submitted for the Council's review recently as a possible incentive for developers. MX. Kinnison asked if the city could "tag" a portion of the available 2005 funding for the coliseum project. City Manager Noe replied given the timeframe for the RFQ process, the selection of the developer, and the actual construction, it may be better to allocate fimding from the 2006 allocation_ Mx. Kinrdson disagreed, saying even in a worse case scenario, it was better than wasting the funding. Mr. Kinnison asked about marketing efforts for the program. Assistant City Manager Martinez replied the city could be more aggressive about marketing the program. Currently, a staff person (intern) provided information to self-referred callers and business referrals from the EDC. The city also had information about the program on its website. In addition, Mx. Mannfi Cummins, the city's consultant for this program, marketed the programs to businesses as well. City Manager Noe stated the city had held a number of workshops and public presentation programs in the past to inform the public. Mr. Noyola was surprised there weren't more applicants for the credits. Mx. Martinez replied there were seven applicants that qualified, but there may have been other applicants who were deemed ineligible because they did not meet the city's criteria_ He asked Mr. Cllmmin~ to elaborate. Mr. Cummins replied the city had established two critical criteria for businesses to meet in the Minutes - Regular Council Meeting July 12. 2005 - Page 9 application process as follo~vs: proven financial resources and site control (own the property or have an option to purchase the property). He said there were any number of potential projects in the business community, but only those that met tiffs criteria were nominated. He said there were two projects which could become eligible for the credits before the end of the year. Mr. Cummins emphasized there was a $10 million per project limit. In response to Mr. Noyola's question, Mr. Cummins replied the city held a fall and spring seminar at the Small Business Development Center to promote the Renewal Conmaunity program. He said most of the projects nominated today were referred through these seminars. Mr. Cummins also pointed out the geographic area for the Renewal Community, Census Tracts 35 and 50, was greatly expanded by Council action thanks to a new law that took effect in October 2004. He said the city and the South Texas Business Fund would be conducting an orientation bus tour of the Renewal Community area at 9:00 a.m. on October 6, followed by an seminar at Del Mar College. Mr. Noyola asked if any other census tracts could be added. Mr. Cummins replied the program ended on December 31, 2009, so there would probably not be another opportunity to add another census tract. Mr. Marez asked if the city had expended all the available allocations in past years. Mr. Martinez answered negatively, saying it didn't hurt the city other than not making full use of the available mx credits. Mr. Marez stated the city needed to make more of an effort to promote the program. He noted some of the nominated projects did not create new jobs, and he asked that new job creation be a consideration during the selection process. A motion was made, seconded, and passed to open the public hearing. There were no comments from the audience. A motion was made, seconded, and passed to close the public hearing. City Secretary Chapa polled the Council for their votes on Item 22.b. as follows: 22.b, RESOLUTION NO. 026339 Resolution nominating projects to the Office of the Govemor for Renewal Community Commercial Revitalization Deductions The foregoing resolution was passed and approved with the following vote: Garreth Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett referred to Item 23, and a motion was made, seconded, and passed to open the public hearing on proposed FY 2005-2006 Operating Budget. Assistant City Manager Oscar Martinez briefly explained the assumptions used in formulating the budget. He also reviewed the budget approval calendar. He noted the budget included a half-cent decrease in the maintenance and operation (general fund) tax rate and a voter-approved 2.5 cent increase m the debt service fund. In addition, the utility funds reflect rate increases to fund capital improvement projects as approved in March 2005, as well as an additional percentage adding to those rate increases to cover the cost of the 2004 bond projects. Overall, he said there was a slight increase in the number of full-time equivalents (FTEs) in the budget. The budget also was consistent with the city's goal of continuing Minutes - Regular Council Meeting July 12, 2005 - Page 10 to increase the city's fund balance. Finally, he said operating funds all reflect revenues in excess of expenditures in all funds. Mr. J.E. O'Brien, 4130 Pompano, spoke in favor of reducing the city's proposed operating budget by $1.5 million and decreasing the tax rate as previously suggested by several Council members. He spoke against utility rate increases, particularly those affecting natural gas rates. In response to Mr. Chesney's question, City Manager Noe replied the effective tax rate does not include any new improvements. To calculate the effective tax rate, Mr. Noe said the concept was to take all of last year's taxpayers, and adjust them for tiffs year so that they would pay the same amount of gross taxes as last year. Thus, the only growth in revenue would be new improvements (new houses, new commercial development, etc.). Mr. Chesney asked staffto provide information on the revenues obtained due to new improvements. Mr. Noe answered affirrnatively, noting the number was a moving target because staff would have to base on the last report from the Nueces County Tax Appraisal District. Mr. Chesney stated if the city were to make budget cuts, then he would prefer that the effective tax rate stay the same. If the new growth was not included in the formula, then he felt this was somewhat equitable. Mr. Martinez said staffwould extrapolate the number since the Appraisal District has not submitted an estimate for new growth this year. Mr. Scott also asked staffto provide the hard figure on new development revenues as soon as it was available. Mr. Noe replied the hard figure would not be available until the end of July. Mr. Bill Kopecky, 3609 Topeka, spoke against utility rate increases and in favor of a reduction xn property taxes. He also expressed concern that the city would end up subsidizing SMG's operation of the arena, and spoke in favor of more fiscal controls in SMG's contract A motion was made, seconded, and passed to close the public hearing. Mr. Kinnison stated to discuss two items during next week's first reading of the budget. First, he asked staff to sec if the cost for repairs for the Harbor Playhouse and the Art Museum of South Texas could be incorporated into the budget. Second, he expressed concern about the tax increases, utility rate increases, and fee increases included in the budget, which he had already discussed w/th Mr. Noe and Mr. Martinez_ He asked them to present the various cost reduction options they had discussed to the Council. He said he hoped the Council would not focus solely on a property tax decrease; rather, it may be preferable to consider utility rate or other rate decreases. He said not everyone in the community was a property owner, but everyone was affected by the monthly charges fi.om the utility office. Therefore, a combination of these items may be preferable in order to reach out to more of the community. Mr. Chesney slated he understood the utility rate increases were tied to the infrastructure improvements needed for Bond 2004 projects. He asked if Mr. Kinnison was suggesting a utility rate decrease that would slow the progress on the infrastructure projects. Mr. Kinnison replied he was asking staffto look at reductions specifically in the general fund, which would focus more on solid waste charges, for example. Mr. Noe added in the genexal ope~'ating budget, there were two major sources of revenue, property taxes and increases in solid waste fees. He said there was a potential for some play between those two sources to implement the reductions. Minutes - Regular Council Meeting July 12, 2005 - Page 11 Mr. Chesney reiterated his desire to keep the effective tax rate at the sa.me level, and then make any reductions. He was less interested in a combination of reductions in the tax rate and fees. Mr. Noe replied staff would provide a number of options for the Council's consideration. Mr. Noyola agreed with Mr. Chesney. He spoke against any fee reductions that would negatively affect service provision in affected departments, saying he wanted to see the same levels of service that were being provided now, if not better. City Manager Noe replied staff shared Mr. Noyola's concern about maintaining levels of services, and would make recommendations that would have minimal impacts on service. He said the goal was to yield higher levels of services in key areas such as street maintenance and neighborhood services. Mayor Garrett referred to the presentations on the day's agenda. The first presentation was Item 24, a crime statistics presentation by Police Chief Pete Alvarez Jr. Mayor Garrett clarified that Mr. Kim'dson had requested the presentation specifically to discuss ways to engage the community in reducing the city's property crime rate to enhance police efforts. Mr. Kiurfison added that compared with other cities, property crime was a significant problem in Corpus Christi, and it did not bode well for the city. He felt that focusing on enforcement efforts alone would not reduce the property crime rate. Thus, he w/shed to discuss any societal problems which caused citizens to commit the crimes in the first place, and ways to address these problems. Police ChiefAlvarez discussed the way the media reported on crime statistics. He said the Corpus Caller-Times reported Corpus Christi had the fourth highest violent crime rote in Texas (June 22, 2005), and Forbes Magazine reported of 150 cities, Corpus Christi was ranked 1474 in crime (May 5, 2005). In addition, he mentioned a number of sca.ndals in which cities such as Philadelphia, New Orleans, Atlanta, and Baltimore were accused of underreporting crimes to lower their crime rate. ChiefAlvarez stated the city's police department reported crimes accurately. Chief Alvarez stated when looking at chme statistics, it was important to understand the crime txends in the city. Chief Alvarez said to have a complete picture of the crime in the city, he would discuss statistics on all crimes, not just property crimes. He noted that property crime was one of the most common offenses committed in most cities, and perhaps nationally. Chief Alvarez stated the city used the Uniform Crime Report (UCR) measurement that the FBI required annually of every law enforcement agency in the country on certain crimes such as homicide, rape, robbery, aggravated assault, theft, and auto theft. He said the purpose of the UCR was to provide information about long-term crime trends; help officials guide police programs; and assist in prioritizing government resources. In addition, the FBI noted the primary objective of the UCR was to generate a reliable set of crime statistics for use in law enforcement administration, operation and management. The public relied on these date for information on the fluctuations in the level of crime fi.om year to year He emphasized that the FBI cautioned and strongly discouraged data users fi.om ranking cities and using the data as a measurement of law enforcement effectiveness. Chief Alvarez discussed the pitfalls of ranking cities based on the UCR, according the FBI. First, he said crime statistics create misleading perceptions. Second, rankings ignored the M inures - Regular Council Meeting July 12, 2005 - Page 12 uniqueness of each locale, including population density and degree of urbanization; composition of population and cultural conditions; and policies of other criminal justice components (i.e. prosecutorial, judicial, and correctional). Finally, he said rankings do not reflect crime reporting differences. ChiefAlvarez reviewed a number of graphs depicting the crime rates fi.om 1996-2004. He noted that he chose to begin the analysis in 1996 because it was the year he was named police chief. For violent and property crimes combined, he said the crime rote was down 28 percent, fi.om 30,467 crimes in 1996 to 21,935 crimes in 2004. Violent crimes during 1996 to 2004 were down by 33.9 percent. He attributed the decline to better curfew enforcement; the corntnunity policing effort; the Juvenile Enforcement Team; Crime Control District funding; and the Juvenile Court. Finally, he said property crime during this time frame was down 27 percent. ChiefAlvarez discussed the importance of involving the community in reducing the property crime rote_ He said property crimes were crimes of oppommity, so it was important to educate the public to properly secure their belongings. In addition, he said high unemployment rotes and drug addiction contributed to the social problem. He agreed with Mr. Kinnison that police efforts alone would not reduce the crime rate. Mr. Kinnison noted the property crime rate chart in the Chiefs presentation showed a 30 percent increase in the crime rote between 2000 and 2004. In 2000, the crime rote was closer to 15,1300 crimes. Between 2001 and 2004, the property crime rote was flat. Emphasizing that this was not solely an enforcement issue, he stated it was evident this was a community problem. He said he would like the city to set a target number and work towards achieving a reduction in the property crime rote. Chief Alvarez replied that the crime rote naturally fluctuated fi.om year to year. It was difficult to pinpoint the exact reasons why the crime rate was lower in a particular year, but lower unemployment rotes could be a factor. City Manager Noe added the police department was placing its emphasis on creating effective programs to address problem areas, like property crime. ChiefAlvarez displayed a number of charts comparing the crime rates of Corpus Christi with other major Texas cities. He said among Texas cities in the 150,000 to 500,000 population range, the city had a 28 percent reduction in crime between 1996 to 2004, the largest reduction seen. ChiefAlvarez discussed a chart depicting the city's crime rates for various classifications of offenses between January through May 2005. Compared with the same time fxame last year, he said the crime rate was down 7.7 percent. Chief Alvarez reported on the police deparlment's current programs to affect crime as follows: Hotspots program (2004); Auto Theft Prevention Authority (2001); Family Violence Unit (1999); Juvenile Crime Effort (continuing since 1990s); and gang enforcement (Juvenile Enforcement Team - since 1990s). He then reported on new initiatives as follows: pawn shop detail; the development of a five-year stxategic plan; and incorporating new technology (e.g. Wi-Fi cameras and new CAD/RMS). He singled out the pawn shop detail as a way to curb property crime. Chief Alvarez highlighted the Hotspot program, which had accumulated $80,000 in recoveries between March and June 2005. The Auto Theft Task Force's efforts resulted in a 33 Minutes - Regular Council Meeting July 12, 2005 - Page 13 percent decline in auto thefts between 2001 and 2004, and a 21.5 percent decline between January and May 2005. City Manager Noe added that auto burglaries area are a particular problem affecting the hospitality industry. Auto thetis are currently a misdemeanor offense in many cases, and there has been an effort to upgrade the crime to a felony to increase the severity of the penalty. He said the city may look at joining forces with other cities to add this to our legislative program. ChiefAlvarez displayed a graph depicting the reported incidents of family violence between 2000 and 2004. These crimes had declined 18.8 percent in that time fi-ame. Finally, CkiefAlvarez discussed police efforts to combat gang activity, primarily through the Juvenile Enforcement Team (JET). He said violent crime by juveniles decreased from 135 incidents in 1996 to 33 incidents in 2004. Property crime by juveniles decreased from 772 Lncidents in 1996 to 228 incidents in 2004. Mr. Noyola spoke strongly in favor of using a civil injunction program against gang members similar to one used in San Antonio. ChiefAlvarez agreed, saying it was a labor-intensive process but worth it. ChiefAlvarez concluded by saying the crime rates in the city were reflecting a decrease, and the city seemed to be in good shape. Mr. Kelly expressed concern about the fluctuations in violent crime rate between 1996 and 2004. He asked Chief Alva~ez to explain the fluctuations. Chief Alvarez stated the crime rote fluctuated, and he could not give a specific answer on the cause. Mr. Kelly took exception to this, saying he wanted to know why the city's standing in relation to other cities had dropped, even though the crime rates had remained steady over the last six years. He asked why the police department wasn't talking to the other cities to see what they were doing right. City Manager Noe replied the department's belief was that the city shouldn't be comparing our numbers with those of other cities. Thus, staff was not convinced that the city's ran.king truly had changed, but could develop the information. Mr. Kelly acknowledged that the police department had taken a proactive stance by introducing a number of outstanding programs. However, he still thought it was a good idea to speak with other cities to learn from them if in fact the city's standing was slipping compared with other cities. ChiefAlvarez reiterated that the police department reported the numbers accurately, and did not make any attempts to tailor them to enhance the city's position. Mr. Kelly replied he did not expect Clxief Alvarez to change the criteria for reporting to paint a rosier picture; rather, he would like to see real improvement. He emphasized that he was not upset with the police department's performance. He was only looking for ways to improve the city's standing. ChiefAlvarez replied there was always room for improvement, and staff could speak with other cities to see what they were doing. Mr. Scott took exception to Chief Alvarez's comments about changing the criteria for reporting crimes to benefit the city, saying the Council never asked him to do that. City Manager Noe stated no one supported the idea of playing with the numbers to accomplish an artificial goal. He said Chief Alvarez's point was not to focus only on the numbers because of differences in reporting between cities as an operational issue, not necessarily because of dishonesty. Minutes - Regular Council Meeting July 12, 2005 - Page 14 City Manager Noe stated the statistics are useful because they focus on trends, and the trends in some instances are flat. The biggest challenge for the city is to discuss the non-policing factors that relate to the plateau, including societal factors, educational issues, criminal justice issues, and the like. He said the city as an organization needed to discuss how to impact these indicators in addition to the policing aspect of the equation. Mr. Kelly agreed, saying it was frustrating that the crime rates had reached a plateau in some areas. Mr. Noe replied what the city could do was idemify four or five issues that the community might set as goals and priorities to make an impact on the numbers. Mr. Noyola stated he was not concerned with how Forbes Magazine or any other entity rated the city. He accepted the statistics provided by ChiefAlvarez, and his only concern was to see those numbers decrease over time. Mr. Scott stated while ChiefAlvarez may not be concerned with the city's standing in crime rates compared to other cities, it was a concern to potential businesses that were interested in locating here. He named a number of national publications that had rated the city poorly in regards to violent and property crime. Mr. Scott said he would like to see the city move past the plateau in its crime rate. He asked ChiefAlvarez to provide five-year trends for all the statistics he had discussed today. He also asked for a graph of the unemployment rate over the last five years to see if there was a correlation with crime. He told Mr. Noe and ChiefAlvarez that he appreciated getting to this point, but he wanted to see the city's crime rates decrease further. He wanted to see realistic targets for reductions in crime and plan on how to reach them. He thought the police department should take the lead in mobilizing a community-based iultiative in reducing crime. Chief Alvarez replied the police depmtx~ent could use 100 more officers if they were to lead such an initiative, saying the city had one of the lowest ratios of officers per thousand citizens. Mr. Scott stated he would like to see a game plan on how the Chief would use these officers. Chief Alvarez stated he was working on a five-year at~ategic plan wlxich would provide this information. Mr. Scott said he wished he had seen this plan three years ago. Mr. Noyola spoke in support of the Chief's request for more officers, saying funding seemed to be the primary issue preventing an increase in officers. Mr. Marez spoke in support of enhancing the number of police officers on the force. He spoke against any reductions in the budget that could detrimentally affect service levels. He said he would like to see more officers included in the budget to give the Chief the resources he needed. Mr. Chesney agreed with Mr. Scott's comments about seeing a five-year plan before approving an increase in the number of officers. City Manager Noe added that the Chiefs plan would probably include departmental measures only, and would not address community-based issues. He recounted the department's efforts in formulating the Crime Control District five-year plan, and he said it would be useful to include them in the discussion. Mayor Garrett called for petitions from the audience_ Mr. Bill Kopecky, 3609 Topeka, spoke regarding the proposed street closures on Elizabeth and Third Streets, asking the city to reconsider the way they handle advertising and notification for arterial streets. Minutes - Regular Council Meeting July 12, 2005 - Page 15 Mr. Johnny French, 4417'Carlton, asked the Council to reconsider the city's policy not to pick up opossums from residences. Mr. Scott agreed that he did not like this policy either, and he asked Mr. Nee to let the Council know how much it would cost to resume tkis services. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about the management of the public access studio. Ms. Cruz Colomo and Mr. R.E. Byer spoke against Mr. Gordy's characterization of the management of the public access studio. Mr. Roland Garza spoke regarding his concerns about the quality of the construction work and materials on Home Road, 19"' Street, Kostoryz Road, and Archer Street, while the work on Alameda and Santa Fe Streets seemed to be adequate. Mayor Garrea echoed his concerns, saying it didn't appear the work was being inspected well. Regarding the 19~ Street and Elizabeth Street projects, City Engineer ,kngel Escobar said the work involved placing a new 16-inch water line in both locations. He said the initial work the contractor completed was unsatisfactory; subsequently, the contractor has begun re-doing the work. He is supposed to do a complete seal-coat of the street. Mayor Garrett asked for a status of the Archer Street project. Mr. Escobar stated the area where the curb and gutter and the asphalt reach needed to be re-done. The contractor has been contacted, but he did not have a time line on when the work would be completed. Mayor Gas'rea reiterated his concern about substandard work, particularly on Gollihar Road, saying staff needed to scrutinize the work to ensure quality. Mr. Noyola expressed concern that it appeared some parts of town, like Santa Fe Street, were getting better quality work. He said there were problems on Ayers Street, Gollihar Road, and Sunnybrook. City Manager Noe explained that these streets had different types of work done (e.g. street reconstruction vs. utility work) which resulted in different standards of work. Mr. Noyola replied it shouldn't matter what type of work was done, the end result should be a driveable street. He stressed that the projects should be completed correctly and on schedule. Mi'. Garcia agreed with Mr. Nee that there were different standards for different types of work, such as between patch work and utility work on a street. He did not believe the city was accepting substandard work. Mr. Scott commented that the Santa Fe/Alameda project was actually a Bond 1986 project that took over 15 years to complete. It was not completed expeditiously as some were suggesting today. Mayor Garrett called for a brief recess to present proclamations. Minutes - Regular Council Meeting July 12, 2005 - Page 16 Mayor Garrett recognized Mr. Adam Rios, 2022 Airline #1011, for public comment. Mr. Rios spoke regarding Iris concerns about underage drinking and asked the city to pass a resolution to discourage it. He mentioned he had seen alcohol served at Cole Park. City Manager Noe stated alcohol was not allowed at city parks, but he was not sure how this pertained to rentals of city facilities in parks, and he would look into it. Mayor Garrett asked for a copy of the city's alcohol policy in Cole Park. The Council asked Mr. Rios to speak ~vith Mr. Noe about drafting a resolution for their approval. The last presentation was Item 25, a report on a City Council Focus Area, enhanced intergovernmental relations. City Manager Noe stated at the Council Retreat in May 2005, the Council identified six Priority Focus Areas, one ofwh/ch was enhanced intergovernmental relations. He said this was the second of six Focus Areas to be presented for implementation in the coming year. Mr. Nee discussed the benefits of enhancing relationships with other governmental entities as follows: cost savings; cost avoidance; improved efficiency through functional distribution of services to citizens; added value to services delivered; multi-organizational capacity building; and basis for future planning. Mr. Noe mentioned a number of potential local government partners as follows: Nueces County; Independent School Districts (ISDs); Port of Corpus Christi; Regional Transportation Authority (RTA); Del Mar College; Texas A & M University - Corpus Christi; Coastal Bend Council of Governments; and any others the Council may suggest. Mr_ Noe stated the city had already engaged in partnerships with a number of intergovernmental entities. He listed the city's accomplishments to date with Nueces County as follows: Metro-Corn; 800Mz radio system; City-County Health department; development coordination; and Commissioners' Court broadcast. Future opportunities for partnerships could include the following concepts: joint procurement for reduced cost (i.e. fuel, equipment and materials, tamp services, cell phone service, and radio maintenance); sharing of best practices/opportunities for cooperation (e.g. computer services, beach maintenance, risk management); and joint planning (storm water, streets, and parks). Mr. Noe listed the city's accomplishments with the Corpus Christi Independent School District (CCISD) and other ISDs as follows: High School reform initiative (Moody High School); Digital Cities "proof of concept" to facilitate interaction between parents, students, and administrators; joint use/reciprocal agreements, such as the shared use of the Natatorium; fiber optic network access; and the Flour Bluff ISD/Janet Harte L~brary joint venture. Future opportunities could include the following concepts: information sharing (presentations, progress reports); school crossing guard coordination; security services; library services (Southside Library); and joint facility planning (parks, recreation facilities, etc.). Mr. Nee mentioned the city's accomplishments with the Port of Corpus Christi as follows: Fulton Corridor; Port area planning; economic development; Digital City "proof of concept" (video Minutes - Regular Council Meeting July 12, 2005 - Page 17 surveillance); and security cooperation and collaboration (radios et al). Future opportunities for partnerships could include the following concepts: information technology; Wi-Fi; and homeland security. Mr. Noe briefly discussed the accomplishments with the RTA as follows: bus stop program; ADA curb cut program; radio and AVL; American Bank Center - special event Park-n-Ride; Livable Cities grants; and planning. Future opportunities for partnerships include the following concepts: information technology and Wi-Fi; and planning for service response during emergencies. Mr. Noe listed the accomplishments with Del Mar College and Texas A & M University - Corpus Christi as follows: American Bank Center arena; Central Kitchen facility/operation; Small Business Development Center; public safety training; legislative initiatives; legislative initiatives; and information technology. Future opportunities for partnerships included the following concepts: alignment of health and public safety training; joint library use; and information technology applications and Wi-Fi. Mr. Noe listed the city's accomplishments in partnering w~th the Coastal Bend Council of Governments as follows: regional coordination and planning for 12 counties; federal and state grant allocation and review; and city representation. He highlighted the need for the city to take a more active leadership role on the Council of Governments. Mr. Noe discussed the next steps in the implementation plan. First, he said statTwould hold meetings with representatives of each partner or group of parmers to discuss opportunities, and plan a joint meeting with the policy body. Second, staffwould meet with ISD's and arrange for regular presentations to the Council on progress on matters of mutual interest. Third, staffwould explore the opportunity to hold a meeting of all governmental agencies in the area on a single topic. Finally, staff would review progress in six months. Mayor Garrett stressed the importance of good intergovernmental relations and coordination during asked emergencies. Staff responded to questions about the RTA's role during emergency evacuations. Mr. Noe stated the Wi-Fi system would facilitate communication and coordination between intergovernmental entities. Mr. Scott asked Mr. Noe to add an issue for discussion with Nueces County regarding the issuance of dune permits for island development. He said most counties g/ve cities the authority to issue dune permits to centralize the development permit process. He said Corpus Christi was the only city that did have the authority to do this. Mr. Noe said in previous discussions, it was learned the county had a committee controlling this function that felt they were fulfilling this function well and were not interested in ceding this power to the city. He said he would discuss the matter with the county again. Mr. Scott also asked Mr. Noe to include a public relations component to this effort. He also advocated the development of an initiative to make this city a world-class city. Mayor Garrett spoke in support of staffs efforts, stating the commul~ty wanted their government to work together. Minutes - Regular Council Meeting July 12, 2005 - Page 18 Mr_ Noyola asked staff to speak with the RTA about coordinating efforts during a hurricane evacuation. He spoke in support of joint procurement of fuel and equipment. Mr. Marez suggested allowing CCISD to post general information and possibly show their meetings on the city's public access channel. Mr. Noe said he would speak with them about finding ways to get better access to the cable system. Mayor Garrett opened discussion on Item 26 regarding the joint use of the Del Mar College Public Safety training facility. Mr. Chesney asked if the firefighters association had been informed about today's presentation. Chief Adame replied that during the design phase of the project, staff ensured that the association was invited to participate on three occasions. He said they attended one meeting. He said smffmade an effort to discuss the issue with them. Mr. Chesney asked staffto circulate the proposal to all £trefighters. Fke ChiefJ.J. Adame stated Mr. Chris Black, chairperson of Del Mar College's Deparhnent of Public Safety Education, would provide an overview of the project. Mr. Black provided a project description_ He said the project was designed to provide state-of-the-art mining for law enforcement, firefighters, occupational safety and health technicians, emergency medical paramedics, and Homeland Security personnel. In addition, it was designed to expand job training opportunities for first responders and other professionals employed with South Texas safety agencies. Finally, he said the goal was to compliment existing city and county fire and police Ixaining. Mr. Black provided a detailed review of plans for the training facility. The facility included a classroom building, a lxalning field with a four-story bum tower, a two-story bum residence, a drafting pit, a street system, and a driving pad. He described the propane elements in the facility, the HazMat area, and the vehicle bay. Finally, he described the Hogan's Alley area for confined space rescue training and shoot-don't shoot training. Mr. Black stated the project would be substantially completed by August 21, 2006. Mr. Black discussed the lrairfing capacity of the facility. He said it had 35 Iraining features, 25 of which could be used simultaneously. The facility would be available 16 hours a day, 7 days a week in 25 areas, totaling 2,800 possible u'ain/ng hours a week and 134,400 training hours a year. The facility would be available a minimum of 20 hours a week, with no established maximum. The only requirement was that groups must schedule their training, possible using a web-based request system, coordinated by Assistant Fire Chief Rick Trevifio. Mr. Black stated the minimum established training needs for fuefighters were 20 hours/year for continuing education and 960 hours a year for the 16 fire stations. Mr. Noyola expressed concerns about any safety issues for the neighborhood since propane was being stored at the facility. Chief Adame replied any equipment and materials used in the facility would have to meet code requirements and National Fire Protection Association requirements. If there were any issues, Chief Adame said he would notify the neighbors. Minutes - Regular Council Meeting July 12, 2005 - Page 19 Mr. Noyola asked if the city's firefighters could use the facility as much as possible. Chief Adame replied affirrnatively, saying ChiefTrevino would help coordinate the training to work with their schedules. Chief Adame briefly discussed the Fire department's responsibilities in the agreement as follows: provide water and natural gas to the Del Mar College (DMC)'s training field at no cost; provide supervision for CCFD training participants; provide maintenance and repair for DMC's SCBA; provide maintenance and repair services for pumps on DMC's fire apparatus; provide vaults; culvert pipes, and manways for the construction ora confined space mining prop; pay DMC the adjunct faculty hourly rate for a qualified technician; encourage its staff to participate in the educational activities of DMC; reimburse DMC for consumables used in fire, EMS, or HazMat training; reimburse DMC for any damages caused by negligence or misuse; cooperate with DMC in the future development of the fire training field; and designate at ]east two CCFD personnel to be trained as technicians to operate fire props on the fire-training field. Chief Adame noted that the Tri- Data report recommendations were very keen on this joint venture. There were no comments from the audience. City Secretary Chapa advised the Council that they needed to make a motion to authorize the agreement between the Corpus Christi Fire Depamnent and Del Mar College for the joint use of the Del Mar College Public Safety training facility. Mr. Scott made a motion to this affect, seconded by Mr. Chesney, and passed. 26. MOTION NO. 2005-223 Motion to authorize an agreement between the Corpus Christi Fire Depamnent and Del Mar College for the joint use of the Del Mar College Public Safety Training Facility. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 27 regarding an agreement with the Nueces River Authority. The Council had no questions regarding this item. There were no comments from the public_ City Secretary Chapa polled the Council for their votes as follows: 27. RESOLUTION NO. 026340 Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Nueces River Authority for regional water planning, protection, and development services The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garc~a, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Gm'rea opened discussion on Item 28, regarding the city's participation in the AEP Texas Central Company's true-up proceeding_ Assistant City Manager Martinez stated this resolution authorized the city to intervene in the proceeding that could lead to an increase of $2.4 billion which would increase customer bills approximately $9 a month for the next 15 years. The Minutes - Regular Council Meeting July 12, 2005 - Page 20 resolution would also authorize the city to procure the services of a legal firm to intervene, with the cost covered by AEP. Mr_ Scott expressed concern about the attorney assigned to the case, Mr. Geoffrey Gay with Lloyd Gosselink, Blevins, Rochelle, & Townsend. He said he didn't care for Mr. Gay's method of negotiating with the industry. He asked Mr. Noe to actively participate in this matter_ Mr. Noe replied this was a formal proceeding that would not require as much private negotiations. Mr. Scott also asked Mr. Noe to communicate to Mr. Gay that there be no unnecessary delays in this case, and to improve his ability to communicate with industry. He asked staffto provide a status report in 30 or 60 days. Mr. Kinnison asked Mr. Noe to invite Mr. Gay to describe the process, his time line, and his objectives in the case in closed session. He also asked Mr. Noe to have the city's negotiator in the firefighters contract issue speak with the Council during the next few weeks. Mr. Noe replied slaff was already working on scheduling this meeting. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 28. RESOLUTION NO. 026341 Resolution of the City of Corpus Christi, Texas authoriTJng intervention in AEP Texas Central Company's true-up proceeding to be filed at the Public Utility Commission of Texas, authorizing thejoimng with other intervening cities to coordinate efforts to protect municipal and ratepayer interests; authorizing the hiring of attorneys and consultants; and requiring reimbursement of the cities' ratemaking costs. The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Rem 29 regarding parking prohibitions in the downtown area near the arena and baseball stadium. Council Member Kelly abstained fi-om the vote and discussion on this item_ Mr. Noe stated staff was recommending this item be tabled until July 26. A motion was made, seconded, and passed to table Item 29 until July 26_ 29. TABLED UNTIL JULY 26. 2005 OrdMaa¢c ,~.~di.g thc Code ofOrdh.~nccs, ChqX~ 53 - Th d'fic, Sectio~ 53-252, Schedule III, P,~kh,g wohlbltcd at all thncs o. cet~it~ ~h,,ets, lay },,~,hibi~lg p,~ki~g on thc foLlo~ h~g ob.~.~.t ~etium_ (This agenda it~,~, was tabled on 06/'21/05. Staffis ,~o,~,,~nding to co, tlnue tabling of th~ it~,s, to ,,Ilo,, I'i,~ to ¢ompl~ir negotiations.) E,~t Po, t A',,.~ac, ho, th side, fi,,.~ North Mesquite Sh ~,.t to a l~;,,t 522 fe,.t ,mst of S,~u P,~ Sheet, south side, fio~ No~th Mesqaitc Sh~t to S,~ Raakq,, Stx~.t. S~u Rank;,, Sh~t, both sides, £~,u~ E~t Pod A~,~uo¢ to B~,,~t~ S~,t. B~,.,~h., S~,.¢t. both sides, fi,,,~ So,th Chap,~,d S~ct to S~, Raakia Sh,~,.t. Minutes - Regular Council Meeting July 12.2005 - Page 21 No,th Ta,,cahaa Sheet, both sldcs, flu,, East Port Aw, ut to U.S. 181. East IIi,~h Sh,.ct, both sides, rom No,th Mesquite to N,,,th Ch~p,m~l Strict. North Ch,~p~,,~l fitr,.,~t, both sides, fi,~., U.S. 181 to I.I I. 37, pioviding for pe.altics. 29.b. TABLED UNTIL JULY 26, 2005 Oldinanec ~m..ding thc Code of O;di.a~¢,.s, Chalxet 53 - Traffic, Sectioa 53-253, Schedule IV, sto},ping, s'taedi,ig, o, ~,~ki,,g p, ohibitcd dud~,g ec,tal, hom~ on e,..t,~h, ~h~ets, by v, ohiblting packh~g b,A~v'c,.. 5.30 p.,,. a,d 2.00 a..l. on fl,c following sweet sentimos. {This ag~da it.m was tabled on 06/21/05. St,,ff b t ~c,,m~di~g t,, continue tabl;,,~; ,,f the item to allow time tu tomplvtv n~g.tiations.) No,th Mesquite Street, both side~ tim. U.S. 181 to [.II. 37. East Pod Aw.**ue, no, th side, rio., Sa,. Rm&i. Sm~,.t to a poi~lt 522 feet east, ~,,oviding fo, penalties, Mayor Garrett called for the City Manager's report. City Manager Noe reported the Health Department was partnering with the Tuloso-Midway Independent School District to sponsor a back to school immunization clinic to held from 8:30 mm. to 2:30 p.m. at T-M Primary School_ It will be open to the public. Fees are $5 per child, and 5;10 per family. Parents must bring their child's immunization record. Mr. Noe reported the following items were scheduled for the July 19 agenda: tn'st reading of the budget ordinance; annual Downtown Management District presentation; and discussion regarding downtown development as one of the Council's Focus Areas. Mayor Garrett reported that from this point forward, he would break for proclamations and public comment beginning at 11:45 a.m., no later. Mayor Garrett called for Council concerns and reports. Mr. Noyola gave Mr_ Noe a mmaber of pictures illustrating how the city's solid waste trucks were damaging the stxeets. He also said a number of citizens had requested the Council to issue a resolution on the eminent domain issue. He said he did not support the use of eminent domain by cities. Mr. Scott reiterated his request to obtain five-year figures on the crime statistics the Police Chief presented today in this week's packet. He also asked for any correlation between the crime rate and unemployment. He asked about the $31,000 reduction in library books included in the proposed budget. Mr. Noe said the total book budget for the library was $300,000, and staff chose to make equipment repairs with this small reduction. In response to Mr. Scott's question, Ma-. Martmez said the cost of books was included in the bond sale for the Southside Library. Mr. Scott asked for an update on the skate park project. Mr. Noe replied staffmet with the engineer, park plann/ng consultant, and Grindline to evaluate the three viable sites in Cole Park. Director of Parks and Recreation Sally Gavlik added Grindline was supposed to have a Minutes - Regular Council Meeting July 12, 2005 - Page 22 recommendation within the next two weeks. In response to Mr. Scott's question, Mr. Noe said the information would not be available in time for the budget discussion. Mr. Noe added there was a reserve appropriation in the general fund of $200,000 to use for the skate park. Mr. Chesney asked for estimates on the cost for reinstating city pick-up of opossums but look at possibly charging a user fee. Mr. Noe replied affirmatively, but noted there was a private company that would do it for $35. There being no further business to come before the Council, Mayor Garrett adjoumed the Council meeting at 3:12 p.m. on July 12, 2005. 2 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purchase of laboratory equipment from Bio-Rad laboratories, [ut., Hercules, CA. based oi~ sole source in the amount of $42,459.00. This cqmpment will bc used by the l lealth Dcpamncnt. Funds arc available /'rom the Health Department Grants Fund. Purpose: The Texas Department of State Health Services has awarded the Health Department a brant to upgrade the laboratory to a Level B Facility. This equipment, the Bio-Plex analyzer, will be used for rapid si~nultancous identitication of nmltiple human pathogens such as Smallpox, Tularemia and Plague. Award Basis: Sole Source In its grant, the Texas Department of State Health Services mandates standardization of protocols, equipment m~d instruments m Level B laboratories for the purposes of bioterronsm preparedness. Thc Bio-Plex analyzer is the only analyzer that meets these standards l'he purchase of this item is exempt from the competitive bidding statules as it is a procurement necessary to preserve or protect the public health or safety of the municipality's residents. Funding: I Iealth Dcpartmcrd 1066-00000-520110-831505 $42,459.00 ~'lro/dire,nent &Gcneral Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER- PAUL J. PIERCE PRICE SHEET BI--0144~5 LABORATORY EQUIPMENT ITEM DESCRIPTION QTY. UNIT Bio-Rad Laboratories, Inc. HERCULES, CA Unit Price Extended Price 1 Bio-Plex Analyzer 1 Each $42,459.00 $42,45900 Total $42,459.00 3 (OI;N(/IL MEMORANDt)M RECOMMENDATION: Motioo approving the purchase el two brush loader tracks from ('hastaug-s Bason ('it) lord Irnck Sales Inc. thmston, lexnx l't~r Ibe total amount of $174,768. I'hc award is based on thc cooperative purchasiug agreement with the Texas Local Govem~nent Purchasing Cooperative (FI,(iP(% I'bcsc brush loader trucks will be used by Solid Waste 'qer~iccs. Funds arc bodgetcd in thc Maintenance Service Capital Outlay Fund and arc ~cplnccmcuts to the fleet. I)UFpOSOZ l'bcse b~ush loader trocks ',viii be used by the Solid Waste Services l)cpartmcnt m their City wide brush collectiuu program, q[q'~e trucks are conligtu'cd ;villi n chassis mounted brush loader thai provides a self contained unit thal cun load debris onto thc dump body and transport it to thc landlill when full. .As a sell' contained unit, thc brush loader trucks provide the deparlment with the flexibility of scheduling each unit independently of a brush cart> lug dump truck. P, asis of Aw'ard: The trucks ,.','ill be pnrchased through the cooperative purchasing agreement with the TIXiP('. ILGP(' is administered by the Texas Associaliou of School Boards (TASB) m~d co-spousored by the Texas Municipal League (TML) and the Texas Association of Counties (TACt. TI (i-PC acts as an independent agency weearding exclusive cooperative purchasiog contracts for its ~netnbers. Funding: Maintenance Scrviccs 550(}20-5110-40120 $174,768 Procurement & General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BI-0147-05 BID TABULATION Item Description Brush loader truck with 20 ft dump body and Perterson TL3 loader Qty 2 Chastang's Bayou City Ford Truck Sales Houston, Texas Unit Extended Price Price $87,38,4 $174,768 4 CITY COUNCIL AGENDA MEMORANDUM City Council AcUon Date: 07/19/05 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $145,740 in funding from the Executive Office of the President, Office of National Drug Control Policy, to support the polic,~ Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity DnJg Traffioldng Ama. B. Ordinance appropriating $145,740 in the No. 1061 Police Grants fund from Ihe Executive Office of the President, Office of National Drug Control Policy to supporl the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug TfalT~:tdng Ama; and declaring an emergency. ISSUE: The Office of National Drug Conb-ol Policy provides funding each year for the City to participate in the Texas Coastal COmdor High Intensity Drug Trafficking Area Initiative (HIDTA). REQUIRED COUNCIL ACTION: Approval to appropriate funds. PREV~3US COUNCIL ACTION: The HIDTA grant has b,,"cn operational for 9 years. Council has appropriated funds each year for the grant. FUNDING: There is no match required by the City. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. P. Alvare~, J~r.~~of Police Attachments: Award documents BACKGROUND INFORMATION The Corpus Chdsti Police Department is in the ninth year as a participant in the Texas Coastar Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full-time program analysl., one administrative assistant, overtime for 4 Corpus Chnsti Police Officers, and lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Chdsti and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual cr~me. Other agencies participating are the Nueces County Sheriff, Texas Deparlment of Public Safety, Drug Enfo.-cement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco___, and Firearms. The initiative focuses on the identificetion and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patdclo, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traff-~ckers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Traff'~cking Initiatives across the country. Houston HIDTA 15311 Vantage Parkway West, Suite ~ 286 I4ouston, 'IX 77032 Phone: (281) 372-5855 Fax: (281) 372 5865 To: Adel Rowland From: Carol W~on Fax: Pages: Phone__ Dam: 7/6/2005 IRe: I5PHNP517'Z CC~ · Comn~nts: Please find enclosed the Aa,md Letter and SF424 Application for Federal Assistance for the Corpus Chrkfi Police Department's participation in the Texas Coastal Corridor Initiative with Houston HIDT& Please obt~4n, ht a timely manner, the approprhte signatures on these docmments and remm fl~em to: Houston ItlDTA Director's Officc A1 1 N: IV[s. Carol M. Wdson 15311 Vantage Parkway W., Suite # 286 Houston, TX 77032 I will then forw:~rd the signed documem to the National HIDTA Assistm~ce Center -a4]ich vail activate fl~e grant. Sincerely, Carol M_ W&on F~mcial ~ger, Hotkston HIDTA EXECUTIVE OFFICE OF THE PRESIDENT Old'ICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 April 6, 2005 Chief Pete Alvarez, Jr. Corpus Christi Police Department 32l John Sartain Street Corpus Christi, TX 78403 Dear Chiel- Alvarez: We are pleased to inform you that an Award, Grant Number #I5PHNP517Z, has been approved in the amount of $145,740.00. This award to the Corpus Christi Police Department will support Texas Coastal Comdor Initiative initiative(s) at the Houston High Intensity Drug Trafficking Area 0tIDTA). The original and one copy of the Award with Special Conditions are enclosed. If you accept this award, sign both the Award and Special Conditions and tatum a copy to the National IIIDTA Assi,tance Csnter in Miami. Keep the original copy of the Grant Award and Special Conditions for your file. By accepting this award, you assume certain admimstrative and financial responsibilities including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance ora minimum level of cash-on-hand. Should your orgamzation not adhere to the terms and conditions of this award, it is subject to termination for cause or other administrative action as appropriate. If you have any questions pertaining to this grant award, please feel free to contact Phuong DeSear at 202-395-6739. Sincerely, Assistant Deputy Director Office of State and Local Affairs Enclosures Executive Office of thc President Office of National Drug Control Policy AWARD Grant Page 1 of 6 Recipient Name and Address Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 lA. Recipient IRS/Vendor No. 4. Award Number: 15PHNPSI7Z 5 Project Period: 01/01/05 to 12/31/05 Budget Period: 01/01/05 to 12/31/05 6. Date: 04/06/05 7. Action 2. Subrecipient Name and Address 8. Supplement Number Initial: [] x 2A. Subrecipient IRS/Vendor No. Supplemental: 9 Previous Award Amount % Project Title 10. Amount of This Award Texas Coastal Comdor Initiative 11. Total Award 12. Special Conditions The above Grant is approved subject to such conditions or limitations as are set forth on the attached 5 page(s) $145,740.00 $145,740.00 13. Statutory Authority for Grant: Public Law 108447 14. Typed Name and Title of Approving ONDCP Official 15. Typed Name and Title of Authorized Recipient OFficial Joseph D. Keefe Office of National Drag Control Policy Chief Pete Alvarez, Jr. Corpus Christi Police Department 18. Accounting Classification Code 19 H1DTA AWARD Office of National Drug Control Policy Award Recipient: HIDTA: Initiative: Texas Coastal Comdor Imtiafive Project Contact: Award Amount: Award Period: Attachment to Award 15PHNP517Z Page 2 of 6 Corpus Christi Police Department Houston Mr. Stan Fttrce $145,740.00 1/1/2005 to 12./31/2005 ONDCP Contact: All requests for payment and inquiries should be submitted to: The National HIDTA Assistance Center 11200 NW 20th Street State 100 Miami, FL 33172 Phone: 305-715-7600 A. Conditions 1. The award is based on the detail budget attached to the application submitted for this initiative. Tiffs is your approved budget for the initiative and any deviation must comply with the repro~maning mquh~ments as set forth in the ONDCP Guidelines. B. General Provisions 1. This award is subject to: a_ the Uniform Admmislrative Requirements for Gran~ and Grants to State and Local Governments, also known as the "Common Rule", b. the Ceaificat/ons Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements; Federal Debt Status, mid Nondiscrimination Statutes And Implementing Regulations. c. the audit requirements of OMB Circular A-133, d the cost principles contained in OMB Circular A-87, and c. the administrative guidelines contained in ONDCP's Financial and Administrative Gnidelmes. Office of National Drag Control Policy Attachment to Award # I5PHNP517Z Page 3 of 6 2 Payment Basis Request for Advance or Reimbursement shall be made using the Division of Payment Management System (wvcw.dpm.psc.gov). Copies of invoices, payroll registers, and canceled checks must accompany the payment confn-mation number to provide documentation for the reimbursement request. Request for advances will be accompanied by detail specifying the obligation. Documentation of how the advance was spent mu,st be submitted before another advance or reimbursement can be requested. Payments will be made via Electronic Fund Transfer to the award rccipient's bank account. The bank must be FDIC iasured. It is desirable that the bank be a member of the Federal Reserve System. The account must be interest beoxmg. Except for interest eamed on advances of fund,s exempt under the Intergoverm'nental Cooperation Act (31 U S.C. 6501 et seq.) and the Indian Self-Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to the Depa,hnent of Health and Human Services, Division of Payment Management (HHS/DPM). When submitting your cheeks, please include a detailed explanation wluch should include: reason for cheek (rennttance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Nicole Kelly Division of Payment Management Department of Health and Human Services 11400 Roclohlle Pike Suite 700 Rockville, MD 20852 The grantee or subgrantee may keep interest amounts up to $100 per year for achniifistrativc purposes. (21 CFR Section 1403 21i) 3. Reporting Rextuirements Financial Status Reports (OMB Standard Fom~ 269) will be required quarterly during the award period and at the end of the award. These forms shall be faxed to Phuong DeSear at 202-395-5176. Pertbnnancc reports will be required a.s specified in the Progran~ Guidance. Note that the final financial reports should be cunmlative for the entire award period. Perl-olmance Repons: Due as specified m tile Program Guidance. Office of National Drug Control Policy Attactmmnt to Award # 15PHNP5 17Z Page 4 of 6 Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. In order to provide for compatibility, integration, coordination, and cost effectiveness in the use, procurement, and operation of ADP systems, equipment, and software, recipients are encouraged and author/zed to enter into joint purchase or service agreements on a reimbursable or nonreimbursable basis with other HIDTA award recipients. Award recipients are authorized and encouraged to enter into joint purchases or service agreements with other HIDTA award recipients. 2. No federal funds shall be used to supplant state or local funds that would otherwise be made available for project purposes. 3. Ihe operating principles found in 28 CFR Part 23, which pertain to information collection and management or criminal intelligence systems, shall apply to any such systems supported by this award. 4. Prior to expenditure of confidential funds, the award recipient or subrecipient shall sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenctitures as set forth in Attachment B to the ONDCP Financial and Admimstrative Guide for Grants. This certificatmn should be submitted to the Assistance Center. 5. The award recipient agrees to account for and use program income, including but not limited to asset forfeitures, in accordance with the "Common Rule" and the ONDCP Financial and Administrative Guide for Grants. Moreover, the use of program income must he consistent with the National Drug Control Strategy. 6. Where furniture has been approved in the budget, the recipient will make every effort to utilize existing Slate and local surplus property prior to the purchase of any furniture, including computer furniture or items of similar nature 7. The award recipient may not use designated aircraft assigned to HIDTA-approved task operations 'and imtiatives for the transport of V1P Executive(s) or similar circumstances not relating to the goals and objectives of skate and local law enforcement programs. 8. The budget subtn/tted with the proposal is approved. Office of National Drag Con~-ol Policy Attacttrnent to Award # 15PHNP517Z Page 5 of 6 Reprogranmaing between budget categories within the same agency and irdtiative requires the approval of the respective HIDTA Director and must be in accordance with procedures established by the Executive Committee. Rcprogranm~ing of funds betwecn agencies or initiatives requires the written approval of the ONDCP HIDTA Office, regardless of the dollar value of the reprogramming. In all cases the recipient is responsible for maintaining detailed records of the reprogimnming activities and forwarding notification to your HIDTA Director regarding reprograntmmg activities as they occur 9 The recipient agrees to coinply w/th the orgamzational audit requirements of OMB Circular A-133, "Audits of State and Local Governments." The management letter must be submitted with the audit reporl_ Audits must be submitted no later than thirteen (13) months after the close of the recipient orgamzations audited fisoal year. The submission of the audit report shall he as follows: An original and one copy shall be sent to the cognizant Federal Agency. Also, a copy of the audit report shall be sent to Executive Office of the President, Office of National Drug Control Pohcy, 750 17th Slxeet, NW, Washington DC 20503 A~a~: Wendy Button, Room 541. Phone: 202-395-6792, Fax: 202-395-5176. 10. The recipient agrees to submit operation reports as defined in the Current Year Program Gmdancc. 11. Equipment acquired under the grant program must be used by the recipient m the program or project for which it '*vas acquired as long as needed, whether or not the project or program continues to he supgxwted by Federal funds. Whom no longer needed for the original program, the equipment may he used in other activities supported by the Federal agency. The recipient may dispose of the original equipment when no longer needed or supported by the grantor agency. Inventory lists must be supplied to the H1DTA Director to facilitate the sharing of equipment within and between the HIDTAs. Items to be inventoried include Conu-nunications. Computer & Related Equipment, Surveillance Equipmeut, Photo, Velucles, Video, and Weapons. 12. 'lhe recipient will be permitted to designate fmids that would be matched or shared; however, these matched or shared funds will not constitute an obligation on behalf of thc recipient. Office of National Drag Con~-ol Policy Attachment to Award It 15PHNP517Z Page 6 of 6 13. Budget item submissions for equipment and other contract items are accepted as best estimate only and are not deemed approved at that price. Recipients are required to assure such items are not currently available, are not duplicative or excessive, and should make market surveys and obtain the best prices available. 14. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR section 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in the suspension of[he dmwdown of fm~ds. 15. The recipient agrees to complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons am eligible to work in [he United States. 16. The recipient agrees to establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 17. The recipient gives the awarding agency or the General Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the grant. RECIPIENT ACCEPTANCE OF SPECIAL CONDITIONS __ P Alvarez, Jr. T)~r~ed Name Chief of Police (Signature) ~ Date Ore r~irce Admlnislrativa SlaU A~alys[-Program {Torsi CCPD-TCCI FY20~5 30,240.00 57.800.00 145,740.001 145,740 J 2of3 OFi"ICI~: OF NAIIONAL DRUG CONTROL POLICY FY 05 ItI1)TA STATE AND LOCAl. INITIATIVES INSTRUCTIONS Ff)R APPLICANTS Attached arc thc lbllowing documenls [or your FY 05 hmdmg application: · Ainlm)'.t d FY 05 Budge o lc eorl~i~s ~nst, Poh~e mp~ lot the ~~~ ONIXI~ Financial and Adminstralive Guidcliucs Application for Federal Assistance. SF 424 Budgel Infi~rmation Non-Conslruction Programs. SF 424A. Page 2 (Page I will not be utilized) Assurances Non-Construction Programs. SF424B. Budget lnfo~ation Const~ction Programs. SF424C. Certification regarding Lobbying: l~bar~ncnt. Suspcnsion ~md t~thcr Responsibility Matters; Drug-Frae Workpla~ Requirements: Federal ~bt Slams. and Non-Discrimination Stalutes and Implementing Regulations. * Disclosure of Lobbying Activities ~ Purchase of Evidenc~urch~e of Information Certification. To submit a grant application for FY 05 HIDTA State and Eocal Initiative Funding. tile following forms must be signed and returned: Application for Federal Assistance. SF424. · Budget Information Non Construction Programs. SF-424A. Page 2. (Page 1 will not be utilized.) · Assurances Non Construction Programs. SF-424B. Budgel Information Construction Progrants. SF-424C. · Certification regarding Lobbying: Suspensi~m and ~ther Resp(nlsihility Matters: Drug-Free Workplace Requirements; Federal Debt Status. and Non Discrimination Statutes and lmplemenling Regulations. Disclosure of Lobbying Activittes · Pm chase of Evidence/Purchase ol lnl'urmatiun Certification. I~:[t ti t[ [h,.,¢ th~'umcnJs h:t:c bcc[I c[mlplu~ud bLl-,cd t]p~m inl'(~mlatiml submitted Fur [he FY 05 initiatives. If~is information is mc~m'ct, contact thc Nalional H1DTA Assislancc Ccnler for new Iorms. ]'}l,.~c ~, 'CL,II/L'r~IS IIILIS[ J*t C~mplc~cd ~tr~d ~i2~l]cLl il~ L]xcir cnrixcl5 and rc~luHIcd with L)riginal signatures affixed ~fore the awed letlcr can be mili:~led. Nrt~ion;~l HIDqA A~sislm~cc Center 1121~1 NW 20th ST, S~ Miami FI ~3172 (31>5) ~ 15 '600 APPLICATION FOR FEDERAL ASSISTANCE 1. TYPE OF SUBMISSION Applicalion Preapplicallon 5. APPLICAJ~T INFORMATION 2. DATE SUBMITTED 3. DATE RECEIVED BY STATE 4. DATE RECEIVED BY FEDERAL AGENCY Applicant Iden tiRer: State Application Identifier Federal Identifier ~ ORGANIZATIONAL UNIT: DIF~t~ ~SJ;~ F~ 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 7. TYPE OF APPLICANT: (Enter appropriate letters in box) 8. TYPE OF APPLICATION [ New Continuation Revision If revision, enler appropriate letler(s) in box(es) [], ,~ (Specify) A Increase Award B. Decrease Award (~ Increase Duration D Decrease Duration Other (specify) A Stale H. Independenl Schoc4 Dtstdct B Courtly I Stale Controlled Inslilution of Higher Leamln, g , C. Municipal J. Pdvate University D. Township K. Indian Tdbe E Interstate L. Individual F Intermuniclpal M. Pro[il Ofganizatior~ G Spe~al Disldcl N Other 9. NAME OF FEDERAL AGENCY: ONDCP 10. Catalog of Federal Domestic Assistance Number: 11. Descriptive Title of Applicant's Project 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): 13, PROPOSED PROJECT Slarl Dale Ending Date 15. ESTIMATED FUNDING: a, Federal b. Applicanl 1gl. CONGRESSIONAL DISTRICTS OF a. Applicant b, Project 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES. This preapplicatioc,/applicatio~ was made avaJlab4e to the Stale Executive order 12372 process for review on: c. Stale Date: [] d. Local b. No, e. Other [] Program is not covered by E.O. 12372 or program has not been selected by state for f, Program Income g. TOTAL review 17. IS THE APPL/CANT DELINQUENT ON ANY FEDERAL DEBT? [] Yes If 'Yes', a~tach an explanalion [] No TO THE [tEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED, d.a' si~Name~al~°f Authorized Representative b. ~Title c. '~lTeleph°ne-- ~(~ ~(~(~ rJze~ ~,epresentativ e. Date Signe~ INSTRUCTIONS FOR THE SF424 Icdm in5 Ihi~ hmden, to thc ()fl]ce sd [VJanagcnlenl ~md Bud[~et Papc[v, olk Reduction Project (0348 0043), Washington, DC 20503. I'LI~ASE De) NOT REI'URN YOUR ('OMI'IA,71'EI) FORM TO ]'HE OFFICE OF MANAGEMENT AND BUDGET; SEND IT TO TIlL Al)DRESS PROVIDED BY TItE SPONSORING AGENCY. Fhi,. is u qamla~d I`ornl used by applic:tnt~ ax a rcqtmcd lace shCcl liar p~c applications and application submitted for Federal assistance It will be used by Fcdela[ a~cncicb Io olnmin applicanl cmlil~cation thai 5;latas which have established a review and conunent procedure in response, h~ I xecutivc (hdcr 12372 and h:l\'e ',t'lecled file pro,~nun t. bc included in their process, have been given an opportunity to review thc applicanCs submission I Sell Explanalory. 2 Data application ~,ubmitted to Fcdm al Agency (m Stere applicable) & applicanl's ccmtrol nmnbcr (ii' applicable). 3 State use only 0~ applicable} 12¸ End"y: a separalc sheet. 11 appropriate (e.g., construction or real property projecls), attach a map showing project location. For pre application, use a separate sheet to provide a summary description of this projecL List only the largest prditical entities affected (e.g.. Slate, counties, cities). 4 ll'lhi.s application is m continue or revise an cx~sling award, cn[e~ present Federal identificr number Il' For a ne'* project. leave bhmk Legal nalne of applicant, name ol primar), organizational unit. which will undertake the assistance ac6vity, complete adthcss .1-thc applicant, and name and telephone number of the person lo conlacl on mailers related to this application Entc'r en)ploser ldcmification Numhcr (l!INI as asst,.ned b5 Ihe Inlernal Revenue Service. Enter thc appropriatc lcuer in thc ~,pacc pmxidcd Check appr~priale box and enter app~op~i:tle leller(s) in the :~pac ets} pro,,ided; (7;0x crmnenl's financial obligaliun ol contingent Re son meansan.~ change rathe I'ede,al (io;'ermnent's financial obligamm or contingent liability I`ronl an existing obligalion 13. 14 15. 17 Self- Explanatory. List the applicant's Congressional-Dis~ct and any District(s) a£fecled by the program or project. Anmunl requested or to be contributed during the tn:st funding/budget period by each contributor. Value of in Idnd conlribulions should be included on appropriate lines as applicable If the ac0on will result in a dollar change to an existing award, indicate only the amount of ~he change. For decrease, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use [olaJs and show breakdown using same categories as iteln 15. Applicm.s sh(mld conlacl the State Single Polnl of Contact (SPOC) lot Federal Executive Order 12372 to delenninu whether Ihe application is subject to the State intergovernmental review process. This question applies to the applicant organization, not ~he pcrson who signs as the authorized representative. Catcgorics of debt include delinquent audit disallowances, loans and taxes. 9 Name of Federal agency from which assisli~ncc is hcmg requested v, itb this applicaliun. I0 Use Ibc Catalog~fFedcra] Domestic Assistance aunlber and title ,,flhc pi.gram undcl which assistance is I I 14ntr~ a bliel'dcscrq)tiw title o[pmjcct. 11 nl(~c fillip t)[le prog~ am is invtdvcd, you should apl*end an cxplanaliun un 18. To be signed by the authorized representative of the applicam A copy of the governing body's authorization for you Io sign this application as official representative must be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as pm toi` thc applicalion. INSTRUCTIONS FOR THE SF-424A l'ul,hc lc'polling huldcn lot Lifts .o[Icclion el illh,rlu~llil~ll is csthuLLLL'd to axcragc ]gO JBhluLcs per/cspon~, including Limo rux ,c~ing inslruclions, searchthg cMslin~ dala sources, gathering and maintaining the data needed, and co~lefing ~d ,cx ~e~ mg the c.llccthm ol inh~rm:~tion Ncnd c oJnnlcnt~ regmding thc burden estimate or any other asset of ~is collection of inh~,maTion, includin~ sugguMions Io] ~cthlcmg thi~ burden lo Iht ()fl]cc o[Managcmcnt and Budget, Pa~rwork R~uction Project (0348 ~4), Washing.m. DC PI.kASE 1)O NOT RETURN ~OUR COMPLETEI) FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT (IT TItE Al)DRESS PROVll)EI) IIY TItE SPONSORING AGENCY. (;eneral lnstruclion 'l'h~s form is designed so that appli,.atiou can be made lot budgeL adhere to any existing Federal grantor agency gtudclincs, /vhich prescribe ho,.~ and '~ hut]lei budgeted agencies may require a breakdown by funclion or activity. thc whole project except when al)plying fur assistance funding ~ri~ increments. In the Inter case. Seclions A. B.(. and D should preside thc budget [t)f die hrst budget period (usnally a year) and Secbon E shonld present need for Federal assistance in the subsequent budget l~rit~s All applications should contain a breakdown by B one sheet is used, the first page should provide thc SUlmnary Iotals by programs. Lines 1-4, colunm (c) through (g) 1'~. nc*; apt~/icatiun, leave columns (c) and (d) blank. For each line entry in Column (a) and (b), enter in Column (e), (fl, and (g) thc appropriate amounts of funds needed to support the project for the first funding period (usually a year). F(~t continuing grant program applications, submit these lorn',s before the end of each funding period as required by the grantor agency. Enter in colunm (c) and (d) the estimated amounts of funds which will remain unobligaled al the end of the grant funding period only if tlm Federal grantor agency instructions provide for this. Otherwise, leave these columns blank Enter in column (e) and (f) the antouuts of funds needed for the upcoming period. The amount(s) in column (g) should be the sum of mounts in Colunm (e) and (f). Set'lion A. Budgel Summary I,incs 1-4 colonm (ai :,nd pmgra]n (Federal Domestic Assislancc Cat:dog numtwr) F~, application pertaining I(* a single prt~granJ reqtur]ng bLidgel :lmtnlnls by muJliple lLinctit~lls el acli\ltlOS, enter Ihe llallle of eaub aclixil) or ftlnClhql Olq c:luh line nl Ctdumn (a). and enter the catalog nunther in column Fo~ applicalion pertaining tc muhilde p~ogtams Micro mine ol thc programs lequire a brcakdo~n by lullclion acl~ ity, enler thc calalog program lille on each linc in in ~,,lumn (b). requlriug thc breakdown. Addilional sitters shlmld he used For ,~upplemental grants and changes to existing grants, do not use column (c) and (d) Enter in Column (e) the amount of the increase or decrease of Federal funds and enter m column (f) the alnounl of the increase of decrease of mm-federal funds. In Column (g) enter tl4e new total budgeted amount (Federal and non-federal which includes thc Iotal pre~ ious authorized budgeted amounts plus or minus, as appropriate, the amounts shown in column (e) and Hi The antount(s) in column (g) should nol equal the snm of anmunls in column (e) and (f). Line 5 Slttm the totals for all colunms used. Section B Budget Calegories In the colunm headings (1) through (4), enter the titles of thc saint prugrants, funclions, and activities shown on Ithe I-4, coluum ia), Section A. When additional sheets are p~epared for Section A. provide sinfilar column headings tm each sheel For each pro.am, function or activity, fill in thc Iotal ~cquircmcnts for funds (both Federal and non- Federal) by cbjecl class categories, 1,thcs 6a-I ?;how the totals of I.incs 6a In 6h in cash c()ltunn. Line 6j Show the amounl of indirect cosl. Line 6K- Euter thc total uf amoums on Lines hi and 6j For all applicalious for ne'a granls and continualion ~!lauts the total amoum m ct~lUlUll (5). IAuc 6k, ~]nmld be thc same as the total amount shown in Section A. othmm (~), crdumn (1) (4), Linc 6k should be Ibc same as the sum ol thc alnq,unls in 5ecli[lu A. c(dunlfl (t') and ti') (q/Linc 5 I.ine 7- Enter the eslirnaled amounl of incml/c, il an) expected to be generaled from this projecl Do iit~l add tlr subtract this amount. Show under the program uar~alive statement thc nature aad source o1' income. '['Itc estimated amoum of program income may bt. considered by the federal gramor agency in deternfining the Iol[d amcmnl (~1 the grant. Section C- Non-Federal Resources Lines 8-11 Entc~ amounls of non federal resources that will be used on Ibe grant. If in-kind conlribu~ions arc included, provide a brief explanation on a separate sheel. Column (a) Enter lhe program litlas identical to column (a), Section A. A breakdown by function or activity is not necessary Column (b) Enter the conuibuliun lO be made by the applicant. Column (c) Enter the amount of the State's cash and in-kind contribution if the applicant is not a Slate or State agency. Applicants which arc a Slate or State agencies should leave this colin'un blank. Column rd) Enter the any.rant of cash and in-kind contribution to be made from all other sources. Column re) Enter total of column (b),(c), and rd). Line 12 Enter the total for each ol column (b) re). Thc anu~unt in column re) should be cqual Io thc amouut on Line 5, column (f) scction A. Section D. Forecasted Cash Needs Line 13 Enler the amount of cash needed by quarter l¥om lhe grantor agency during the first year. Line 14 -Enter the amount of cash from all other sources nee.led by quarter during the first year. Line 15 - Enter the totals of amouuts on Lines 13 and 14. Section E. Budget Estimat~ of Federal Fnnds Needed for Balance of the Project Lines 16-19- Enter in Column (a) the same granl program Lilies sh,.~wn in Colunm (a), Seclion A. A breakdown by funclion or activity is not necessary. For new applications and cuntiuua~ion granl upplications, enter in the proper cu[unms mmmnts of Federal funds which will be needed to complete the program or project over the succeeding finlding p. riod (usually in years). This section need not be conlpleted for revisions (an~eodments, changes, or supplements) to funds for the current year of existing granls If more than ~¥ur lines arc needed to list the prograin titles, submit additional schedules as necessary. Line 20- Entc~ the total l~r each of the Column (b)-(e). When additional schedules are prepared for this section. annotate accordingly and show the overall tolals on this line. Section F. Other Budget Information Line 21 - Usc this space to explain amounts for individual direct object class cost calegories that may appear to Ix: out of the ordinal3: or to explain the details as requixed by the Federal granlor agency. Line 22- Enler the types of indirect rate (provisional, predetermined, final or fixed) that will be in effecl during the funding period, the estimated amount of the base to which the tale is applied, and the tolal indirect expense. Line 23- Provide any other explanations or conmaents deemed mx;essary. ASSURANCES - NON-CONTRUCTION PROGRAMS Puhlic leper(ins burden for this ct~fleclitm ~d inl't~rnlaliem is estimated to average 15 minutes per response, including time for lex ~cv, lug inslrtlctit)ns, sc~uc]li[i.~! ~,xislin~, d;~l;i StniTCC~ ?[bering and [nainlaining thc tiara needed, and completing and lex lc ~ ills thc ctdJcclit~]l of inb)~ lnillion Solid CiHBinc fils rcg:~rding thc burden estimate or any olher as~ct of ~is collection of iM,,PJn[llion, including suggoslitms for rcduciug this Burden. to Ibe Office of Managemenl and budget, Pa~rwork Reduction Prtqcct (0348 0040). Washington. DC 205(}3 I)I.I~;ASE 1)O NOT RETURN Y()I)R ('OMI)I.ICI'ED FORM TO T}IE OFFICE OF MANAGEMENT AND BUDGET, SEND Il' TO ]'HE ADDRESS PROVIDED BY TItE SPONSORING AGENCY. NOTE: Ccrlain el these assul anccs ill:l\ ]]UI he applic:lblc [o }(itlr projecl or program il' yot~ have questions, please contact the t~wi~rding agency Furlher. certain I;cdcr:d n~ a~tfing agcl~cies nl~), require applicants Io certify Io additional assuran6es. If such is Iht case, you will be nofified. As die duly autht~rized reprcscntafi;e {d tile applicant I certify thai (he applicant: Has thc legal authorily to apply for federal assistance and the inslitutional, managerial and financial capability (including funds sulficient to pay thc hr)n- federal share of prt~jecl cost) Itl ensure pit)per planning, management and ctm~pJctitm (d Ibc prt~}ec~ describe in this application. 2. Will give the awarding agency, thc Comptroller General of United Slams, and il appropliale, the State, through any authorized representa0vc, access h~ and the right to examine all record. N)oks. paper, or d~umenls related to thc a~ ard; and will establish a pr(~imr accounting syslcm in accordance with generally accepted accounling standlgds or agency directives. B. Will eslablish safegu~ds ~ prohibil empfi>yccs from using Iheir pt)silirms [¢~] a purp~st' Ih:d c~ms0tutcs conflict of interest or personal gain Will initiate and complete thc work Mthin thc [~pplicable time flame afte~ receipt ~d appr[*~ al (~1 the a~ arthng agency 5 Will c~m]pl) with Iht Intcrgt~xcmn~cnt:d Acl el 1970 (42 U U. C 4728 ~7~3) rcl:~ting ~oguIali~ms spcciGcd in Appcmlix A Slandards I}~r a Meril Sssrem td'Per~mncl Adminislri~tion (5 C. F R [/()(] Subpru't 1:~ Will cmnpl) with all Federal stalule5 relating Io: (a) Title VI olthe Civil Rights Acl td 19~ (P.L. 88 352) which imd~ibils discriminali~m tm the basis of race. cider or nati~mal origin: (h) Title 1X el thc Education Amendments of 1972, as amended (20 U. S.(' 1681- 1683, and 1685-1686), which disq~ imina(i~m on the basis t~f sex; lc) Scclion 5fi4 thc Rehabililalion Act of 1973. ils a[nemled (29 U S C. 794). which prohibils discriminalim~ ~n the basis handictLps; (d) the Age Discri]nmali~m Act el 1975. as amceded (42 U. S. C. 61(il 01117). xQ~ich lU ohibds discriminali~m on the basis (~1' :~ge; (e) Iht Drug Abuse 8 Office and Trealment Act of 1972 (P. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse: (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilifation Act of lU70 (P. L 91-616), as amended, relating to mmdiscrinfination on the basis of 81cohol abuse or alcoholism: (g) 523 and 527 of the Public Health Service Act of 1912 (42 U. S. C. 290 dd:3 and 290 ce- 3). as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U S C. 3601 et seq), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the Sl:W.~ific statute(s) under which application for Federal assistance is being nlade; and (j) the requirements of any other nondiscrduination statute(s) which may apply to Ihe application. Will comply, or has already complied, with the requirements of Titles II and Iii of the Uniform Relocations Assistance and Real Property Acquisition Policies Acl of 1970 (P. L. 91-646) which provide for fair and equitable Ireatment of persons displaced or wh~se pr,,perlv i'~ :~cqqfired a~ a resul~ of Federal or lcderall5 assistance programs. These requircmcr~t3 ~tpply lO all inleresl in real property acquired for project imf'poses regardless of Federal participation iu Will comply, as applicable, with provisions of the Hatch Ail (5 U. S.C. 1501-1508 and 7324 7328) which limit Lite political activities are funded in whole or in par( with Federal Funds. 9 Will comply, as applicable, with the provisions of the Davis-~acon Acl (40 U S. C 276a u~ 276a 7). Ibc Copeland Act (40 U. S. C. 276c and 18 U S C. g74). aud Ihe Conlracl Work Hours and Sale'l) Slandards Act (40U. S C. 327-333), regarding labor slandards for I~derally assisled construclion sub agreements. 10 Will comply, if applicable, with flood insurance purchase requireinenls of Section 102{a) u[ Ihe Fh)od Disaster Proleclion Act of 1973 (P L 93 2~4) which requires recipients in a special flood h izard area h) parucipate in thc program aud to pulchasc I]ood msm ante if the Iolal cos[ of insurable coastructiuu and acquisition is $10.~ or more I I Will comply with environmental slandards which may ~' prescri~d pursuant Io Ihe lk)llowmg: (a) inslimlion of environmemal qualily COnlrol measures under the Nalitmal Environmental Polio3 Act of 1960 (P I 91- I ~) and Executive Order (EO) 11514; (b) notification of violaling facilities pursuant Io EO 11738; (c) proteclion of wetlands pursuanl to EO 11990; evaluation offl~ haz~ds in fl~plains in accordance with EO 11988; (c) assurance of pmjecl consistency wilh Ihe approved Slale managcmenl program develo~d under the Coastal ~)ne Manage~nl Act of1972 (16 U.S C 1451 ctesq); con foxily of Federal actions m State (Clear Air) lmplementalion Plans under Section 176 (c) if thc Clear Air Act of 1955, as amended (42 U.S.C. 7401 e~.); (g) protection of underground sources of drinking water under the Safe Drinking Water Acl of 1974, as ~nded, W.L. 93-523); and th) protection endangered s~cies under the Endangered Species Act of 1973, as amended, (P.L..93 205). 12 Will comply with the Wild and Scenic: Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will a.ssisl the awarding agency in assuring compliance wilh section 106 of the National Hisloric Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties) and the Archaeological and liistoric Preservation Acl of 1974 (16 U.S.C. 469a-1 ct seq.). 14 Will comply with P.L. 93-348 regarding the protcction of human subjects involved in research, development, and related activities supported by this award of assistance 15 Will comply with Ihe l.aboralory Animal Welfare Act of 1966 (P.L. 89-544, as amended. 7 U.S.C. 2131 et seq.) perlaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or olher activities supported by this award of assistance 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.SC. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular No. A-133, Audits of Institutions of Higher Learning and other Non-profit Institutions 18. Will comply with all applicable requirements of alt othe. r Federal laws. executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION TITLE DATE S, UB~I'I-rED Z INSTRUCTION FOR THE SF 424-C Public relxming burden for this collecbon of in formation is estimated tu average 180 minutes per resptmse, including time for ~cx icwing iuslruclions. :warching cxistin=o dala h(lUlCUS, gathc~ imf and maintaining the data needed, and completing and rcx~cwiug Iht collection of informution Send commcuts regarding thc burdcu eslimate or any other aspect of this collection of inK,rotation , including sug~cstitms for reducing this bmdcn, to thc ()ffice of Managemcm and Budget, Paperwork Reduction Prgjcct dl348-~)4 I), Washington. ItC 20503. I'LEASL' DO NOT RETURN YOUR COMPLI';TED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY TItE SPONSORING AGENCY. This sheet is to be used for the I~olh~wing types ol applications: fl ) "New" ~,means a new [previous Un-funded] assistance award): 12) "Conlinuation" (means funding in a succ~eding budget which slemmed £rmn a prior agreemenl [o fund); and (3) "Revised" (means any changes m the Federal government's/inancial obligation or contingent liability from an existing obligation). If there is no change in the award amnunl there is nu need to complete this form. Certain Federal agencies may i'cquirc ~m]v an explanatory lettei to the cf feet miut~n (nu cost) changes If you have questious plea.se contact I~le Federal agency. Colunm tx.- If this is an application fur a "New" project, enter the total estimated cost ofearh of the items listed on lines I through 16 (as applicable) under "COST CLASSIFICATIONS.' If this application enD. ils a change to an existing award, enter the eligible amounts approved under the previous award for the items under "COST CLASSIFICATION' Line 4 Enter eslimate basic engineering fees related to construction (this includes start-up services and preparation of project performance work plan). Line 5 - Enter estimated engim:ering costs, such as surveys, tests, soil borings, etc. Line 6 - Enter estimated engineering inspection costs Column b. If this is an application for a "New" projcch enter that portion of the cost of each item in Column a. which is not allowable for Federal Assistance. Contact thc Federal agency for assistance in deternfining the allowability of specific costs. Line 7 - Enter estimated costs of site preparation and restoration which are not included in the basic construction con~-act. Linc 9 - Enter estimated cost of the construction contract. If this application entails a change lo an existing award, enter the adjustmenl [ + or (-)] to thc previously approved costs (fr,.~m colunm a.) reflected m this application Line 10 - Enter estimated cost of office, shop, laboratory, sal~zty equipment, etc. to he used at the facility, if such costs are not included ill thc construction curia-act. C(llttlrffl c. rl'llis iS Ihe riel ofliue I through 16 in columlns Line 1- f£nler estimated anluuuls needed lo cover adminislra6ve expenses. Do not include costs which are related lo the normal functions of gt~velnmenl AIIo',~ able Icgal costs are generally only those isst~iatcd with thc purchase of land which is allowable for Federal parlicipation and ccrlain services in supp~rt of construclnm of the project. Linc 2 Enler estimated site and right(s) ol way acquisition costs (this includes purchase, lease, and/or easc. menls). Line I I Enter estimated miscellaneous costs. line 12 Tot:d of items I Ihrough 11. Linc 13 Enter estimated contingency costs. (Consult the Federal agency for the percentage of the estimated cousIrucliou cost I0 USC ) Linc 14 Enter thc total of lines 12 and 13. Line 15 - Enter estimated program income to be earned durin[z the grant period, e.g. salvaged materials, etc. Line 16 Subtract line 15 from line 14. Linc 3 Enter eslimated cost related lo rcloc'alion advisory assistance, ~eplacement housing, and relocation payments to displaced persons and busincssc'q etc Line 17 This block if for the computation of the Federal share Multiply the total allowable projecl costs from line 16, cnlumn "c' by lite Federal pereenlagc share (this may he up to I(~d percent; consuh Federal agency for Federal perceutage share) and enler the product on line 17. ASSURANCES - CONSTRUCTION PROGRAMS Public rcporling burden for this collection of inl'ormalion is eslmialed to average 15 nfinutes per response, including time for , to', ~cv, fug inslruclions, searching cxistdlg dala SOUl~ cs, gntllc[ dig and nlaintaining thc data needed, and completing and rcvwwing the colleclion of inform[dion Send connncnts rcgmding Iht burden estate or any other as~ct of this collection of inf,rmation, including suggestions lot reducing d~is burden, to Ihe office o[Managemenl and Budget. Pa~ork Reduction Prolect (0348~42), Washington, DC 20503 Iq. EASE 1)O NOT RETURN YOUR ('OMPLI,71'ED EORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IF TO THE ADDRESS PROVII)ED IIY TItE SPONSORING AGENCY. N(I I'E: Certain ol theses asstn ancc,~ nlay not be ap[~li,.able to ?ur project or progran/ If you have questions, pleas6 cordact the Awarding Agency Further, certain Federal assistamc awarding agencies may require applicants to certify to additional assurances. If such is thc case, you will bc re,tiffed. As die dui) amborized rcprcscntat~vc ol the applicant i ccrti/3, that the applicant: I. Has the legal authorily to apply {'or Federal assislance, and the institutional, managerial and fimmcial capability (including funds sufficiem ~o pay the non Federal share of projecl costs) lo ensure proper planning, managemem and complclion o[ thc pr*~jecl described in this application 2. Will give the awarding agcnc), thc Comptmlle~ General of the Uniled States, aud if approp~ late, thc Slale through any authorized represemative, access to and the right to examine all records, N~)ks, papers, or d~-uments related lo the assislance: and will cslablish a prop'r accounting system in accordance wilh generally accepted accounting standards o~ agency directives. Will not dispose ol , medi(y thc ust' ol, or chauge fue lernls ol'the real properly thio, or olhcl imercst m thc sile and facilities ~ilboul permission and mstrnctions frtun Ihe awarding agency. Will recmd tlw Federal mtcresl in tile title of real pit.polly m acc(ndancc wdh ~.~ mding agency directives and will include a coxenant in the tide of real lm~pert) acquired in M~ole discrindnation during Ibc uschd lifc t~fthc project Will comply with the requircn~enls td IIw assistance awarding agenc5 ~ilh regard~ u~ flw thafung, rc~ ic~ and approval ofctmslruclitm plans and spccihcati*)ns 5 Will piovJde ami mainlain c[mq*etcnl and adcqu itc ensure that the cmnplete work conb~rms with thc approved plans and spccifica[itms and ~ill fuufish required by the assislance awarding agent') oi State. Will imliatc and complule dlt w(nk ~dhm Ibc applicable brae flame after receipt ol applox al of the m arding ngcncy 7 Will establisb saft.~tlards to ln,fllibil cnqdt~yccs Jroul ~smg Ibeir positions lot a pm pose Ihal conslil~H~ s or ~ tedlicl of inlcrcsl, or pe[sonal gai~ Will compl) aith thc Intcrgoxcrnmcaral I'c[ -,,nncl Aci ol 1970 (42 U.S.C 4728 ~763) rclatmg Io 10. prescribed standards for merit syslem for programs funded under one of the nineteen statutes or regulations specified in appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900 Subpart F). Will comply with the Lead Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence sh~uctures. Will comply with all Federal shatues relating to non- discrimination These include but are not limited to: la) Title VI of the Civil Rights Act of 1964 (P.N 88 352) which prohibits discrimination on the basis of race, color or national origin; lb) Title IX of the Education Amendments of 1972, ms amended (20 L!.S C. 1681 1683, and 1685-1686) which prohibits discrimination on the basis of sex; lc) Section 504 of tile Rchahililalion Acl of 1973, as amended (29 U,S C, 794) which prohibits discrinfination of the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended {42 U.S.C. 6101-6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment act of 1972 (P.L, 93 255), as amended, relating to non41iscrimination on the basis O] drng abuse: (I) thc comprehensive alcohol Abuse and alcoholism Prevention. Treatment and Rchahildation Acl of 1970 (P.L. 91-616), as amended, rcladng Io nondiscrimination on the basis of alcohol abuse or alcohofism; (g) 523 and 527 of the Public Heahh Service Act of 1912 (42 U.S.C. 290 dd 3 and290 .:c~3), as amended, relating to confidentiality of alcohol and drag abuse patient record; (h) Title VIII td the Civil Rights Act of 1968 (42 U.S.C. 3601 el seq. ), as amended, relating to non-discrimination in file sale. rental or financing of housing; (I) any other nt~n ,_lisct imination provisions I Ibe specific statute(s) undc~ v, hich application for Federal assistance is N'ing made and O) the requirements on any other non- discrmifualion Stalnte(s) wltlch may apply Io the ~q~plicati,m I I. Will comply, or has already complied, with the reqtdrcmems ufTillcs Il and Ill oJ'lhc Unifornl Reh~cation Assistance and real Properly Acquisition Policies Act of 1970 (P.L. 91 (0,6) which pro',ides for Ihil alit[ equitable lici~llllClll ol persuns displaced or who~ prolmrly is acquired as a result oi Federal and I't. dcrally assistrd programs These requirements apply to all interest in real property acqni~cd flu puH~ose regardless of Federal parlicipalion in purchases. 12 Will ct~mpl5 with Iht proxisions ofd~c Hatch Acl (5 UN C 1501-1508 and 732.J 7~28) ~hich limit political ucdvidcs ol employees wln~se principal employment activities are fmlded in whulc or in pasl whh Federal funds 13 Will comply, as applicable, with d~e prmisions of thc Daxis Bacon Act (40 USC. 276a n~ 276a 7), the Co~land Act (40 U S.C 27~ and 18 Uti.C, 874), Thc contract Work hours and safely Standards Act (40 U. S. C 327-333) regarding labor standards Ibdcrally ~sisted cons~uc0on subagreements. 14 Will comply with the flo~ insurance purchase requirements of Section 102(a) of the Flood Disaster Proteclion Acl of 1973 (P.L. 93-234) which requires recipients in a s~cial flood hazed ~ea to p~ticipate in the pro.am and 1o purchase floed insurance if the Iolal cosl of insurable conslruclion and acquisition $10,~ or more 15. Will comply with environmental standards which may ~ prescfi~ pursuanl lo the lollowing: (a) instilmion of environmental quality control n~asures under the National environmental ~licy Act of 1969 (P.L 91 1~)) a~ Execulive ~der (EO) 11514; (b) nolification of violating hcilities pursuanl to EO 11738; 16. 17. 18, 19. protection of wetlands pursuant Io EO 11990; (d) evaluati,m of flm~d hazard in 0oodplains in accordance with EO 11988; (e) assurance of project consisteucy with the approved State management prt)grain developed under thc Coastal Zone Managemenl Act of 1972 (16 U.S.C. 1451 el seq.); (f) conlbrmity o1' Federal actions to State (Clean Air) implcmentalion Plans under Section 176(c) of the (;lean Air Act of 1955, as mnended (42 U.S.C. 7401 et seq.): (g) protection of underground sources of thinking waler under the Safe Drinking Water Act of 1974. as amcuded, (PL. 93 523); and th) protccthm of endangered species under the Endangered species Act of 1973, as amended, (P.L. 93-205). Will comply with the wild and scenic rivers acl of 1968 ( 16 U.S.C. 1271 et seq.) related to protecting cmnponenls or potenlial components of Ihe national wild and scenic rivers system. Will assist lhe awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as mended (16 U,S.C. 470), EO 11593 (identification and preservation of hisloric properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-I et seq,). Will cause to be performed the required financial and compliance audits in accordance with the single Audit Act o£ 1984. Will comply with all applicable requirements of all other Federal laws, Executive Orders, regulations and policies governing this program. SIGN,~T-U..RE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION TITLE DATE Slrl BM?-FE.~_D OFFICE OF NATIONAL CONTROI~ POI~]IUY CERTIFICATIONS REGARDING LOI)IWING, 1)EBARMENT, SUSPENSION AND OTHER RESPONSIBII.ITY ]MATTERS; DRU(;-FREE WORKPLACE REQUIREMENTS; FEDERAL i)EIF[ STAT1 S, AND NONI)ISCI~IlMINATION STATUS AND IMPLEMENTING REGULATIONS lnslL ut'lions for Ihe rertificalions tiem'ral Requirements Irc ()lficc el National Drug (unlrul [)eli.> (t)NDCP) ]cquilcd lu ublam bom all applic;nllC rqga,dmg federal dcbl status, debarment and su~peJ~shm, and a drug [rec workplace. Applicants requesting nn)mcs greater Iran $1~1.~1 in granls funds must also ccrtily regarding Iobhiug activdies and may bc rcquucd Io subuqil a Disch*surc of Lobbying Activities" (Standard Form I.LL) Insliltflional applicants are rcqtmcd I,, ccrtilx thai thcx comply with the nondiscriminalion slatues and 0nplcmenting regulalkms, Applicauts should refer to the regulations cited below to dclcrmine thc certifications to which they arc required attest Applicanls should also re',icv, the ms[ructions for cerblicalion included in the regulati(ms before ccmpleling Ihis fl*rm. Signalure of Ihe form pro,,idcs for ccmpliaucc with certification requirements under 2I CFR pan 1405. 'New Restrictions on Lobbying" and 21 CFR part 1414. Government wide Debarmenl and Suspension. (Non prt~curement), Cerbfication Regarding Federal debt Statn,; (OMB Circubtr A 129), and Certification Regarding ~[he Nondiscrimination Statutes and hnplemcming Regnhaions The ccrtificalions shall he treated as a material rcprchcmation of fact upon which reliance ;:ill be placed whcu Ihe Office of National Drug Control Policy determines 1. I,OBBYING As required by Seclion 1352. Tide 31 of thc U.S. Code. ;md anplcmented in 21 CFR part 1405, a cooperalivc agreement over $100.0(KI, as defined al 21 CFR Parl 1405, thc applicanl certifies that: ~a) No ledcral approprialed brads haxe bccn paid or ~ill be paid. by tlr nn l~'balf of the undc~ signed, u~ ally h;r influencing or altempting t~ influence an officer employee of any agency, a mcmbe~ el Congress, and Mcmlmr of Congress in co[lllCC[~)n x[ Hh thc making any Federal granl, Ihe enlcring inlo continuation, (b) I1 any fuuds other than Federal appropriated IBnds ha;c been paid er will being paid ia any person inllucncing or allcn/pting [o mlluencc an oll~ce~ o~ employee of Congress cr an ciuploycc el a Member ,,ed 3ubmit Standard FoHn I.I [ . "l)iNch~stuc I obb,,ing Aclix ilics." m econo, dance xx ith (c) 'lilt uudcrsigned shall require that the language of this certification bc included iii the award document fi)r all subawards at all licrs (including subgrants, contracts under grants and cooperative agreements, and >,ubt t,utl;tcts) and Ihal all subrecipients shall ccrtil~, and disclose ac cordmgly. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTER (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and SUSlX'nsion and inlplenlenlcd at 21 CFR P~I 1404. for prospective participants in primary covered transactions A The appbcam certifies that it and its principals: (a) Are nol presently debarred, suspended, proposed for dcbarmcut, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal courl, or voluntarily excluded from covered transactions by any Federal departmenl or agency: th) Have not within a three year period preceding this application been convicted of or and a civil judgment rendered against them for corrmUssion of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or focal ) transaction or contract under a public transactiun' violation of Federal or State antitrust statures or commission of embezzlement, theft, forgery, briber)', lalsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted firr o otherwise criminally or civilly charged by a governmental entiiy (Federal, State, or local) temfinated for cause or default;and B Where thc applicant is unable to certify 1o any of thc M;ttt21llellt>, ill this certification. He ,ar she shall attach an explanation to thc applicalion. DRUG-FREE WORKPLACE (GRANTEES orI'ItER THAN INDIVIDUALS) As required by thc Drug Free Workplace Act of 1988, and miplcmcntcd at 21 CFR Part 1404 Subparl F. Thc applicanl ccrtilies that it will or will ctmtinue to pi ovide a drug free workplace by: (a) Publishing a statement notifying employees that the unlav, dul ntanulacture, distribution, dispensing, possession, usc el a controlled substance is prohibiled in the applicant's v, ,,ikplacc ;tud specifying tile actions that will bc I;Ikt'n :l~:linsl cnlployt'cs ['t)r vildalions of such plohibititm; (bi I slablis]liug an on gothg drug free awareness program [o inh)rm e[nph,yees about ~, [ ) The dangers ol drug abuse in thc workplace: (2! l'hc applicant's policy el ntaintaining a drug Iree (~) Any available drug counseling, rcllal~ilitalion, and (4) The pcnallics that may bc imposed ripen employees thug abuse violathm occurring m the workplace: (d) Making it a requirement thai each enlph~ycc lo be engaged m the performance td Iht grant be given a cupy (~1 the statement required by paragraph (al; (el N(~tifying the employee in thc statemenl required by paragraph (al that. as a ctmditi~m (~I enlplu} meal under thc granl, thc cmph)¥ce will (I) Abide by the terms of the statement; and (2) Nutify the enlploye~ in writing of his or her convictiou fl~r a violation ora criminal drug statule occurring in the workplace no later than five calendar days after such (i) Notifying thc agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) ft*rm an employee or olherwisc receiving aclual notice el such convictions Employcrs ofcon',icled employees must provide notice including position title, to: The Assistance Center, 8401 Northwest 53~d Terrace. suite 2(}0, Miaini, Florida 33166 Nolice shall inclndc Ihe identification number of each affected granl; (gl Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (I) '1 aking appropriate personnel aclnm against such an employee, up to and including lerminalion, consistent v, ith the requirements oflhe Rehabilitalion Act of 1973, as antended; or (2) Requiring such employee to participate satislhctorily in a drag abuse assistance or rehabilitafon program al~[)ro~ ed for such purposes by a Feder[d Slale, i~r I(~al hcahh, law enforcement, or other appr~pnale agency; (hi b.f;~kin.o a got~d faith effl~rt Ic~ c~mlinne thug J?ee workplace Ihrotlgh imj)Jenlclnalik)u Of parag~aplls (aL (b). (cl. (d). (el. and below thc site(s) for the perlbrmance ul ,.~4~rk done in cmmecfion ~xilh the specilic c(!~)peratJve code) (hock ti thcrc mc workplaces un ftlc that a~e m~t idL'ntified herL'. The regulations provide thai a recipient that is a State may elect t)f make one cerlificafion in each Federal fiscal year. A copy of which should be included with each application for ONDCP Funding. DRUG FREE WORKPLACE (RECIPIENTS WHO ARE INDIVIDUALS) As required by thc Drug Free Workplace Act of 1988, and miplcmcntcd at 21 CFR Pan 1404 Subpart F. A as a condition of the cooperative agreement, I certify that 1 will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conduction any activity with the grant; and B. If convicted of a criminal drug offense resulting form a violation (~curring during the conduct of any grant activity, I will report the conviction in writing, within 10 calendar days of the conviction, Io: The Assistance Center, 8401 Norlhwest 53r~ Terrace, Suite 208, Miami, Florida 33166. 4. CERTIFICATION REGARDING FEDERAL DEBT STATUS (OMB Circular A-129) The Applicam certifies to the best of ils knowledge and belief, that it is nol delinquent in the repayment of any federal debt. CERTIFICATION REGARDING THE NONDISCRIMINATIN STATUTES AND IMPLEMENTING REGULATIONS Thc applicant certifies that it will comply with the following nondiscrimination statues and their implementing ~egulations: (al title V1 of the Civil right Act of 1964 (42 U.S.C. 2000D et seq.) which provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under an3,' program or activity for which the apphcant received feder~d financi:ll assistance: th) Section 504 if the rchahilitation Act of 1973, ~ amended (29 U.S.C. 794), ,.~,hich prohibits discrinfinalion on the basis of handicap in programs and activities receiving federal financial itssistance: (c) title IX t)£ the Edncation AmendmenLs of 1972m as amended (20 U.S.C. 1981 et seq.) which prohibits discrimination on the basis of sex in education programs and activilies receiving federal financial assistance; and (d) the Age Discrimination Act of 1975. and amended (42 U.S.C. 6101 et seq.) which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance, except Ihal actions which reasonably take age into acCOmll as a factor necessary for the normal operation or achievement of any statutory objective of the project or activily shall nol violate Ihis statute As Ihe dui), authorized representative of Ihe applicam, I hereby cerlify that Ihe applicant will comply with the above certifications. Grantee Name and Address: Applicalion Number and/or Project Name: ~ (;rantt. e ll~,S/Vcmh,, Number: ~ .~S'~AS Type Name and Title of Authorized Representative: 6. Dale: DISCLOSURE OF LOBBYING ACTIVITIES ( omldete thi~ form lu disclo~ acm ith'~ pursuant to 31 II.Sl(~. 1352 (See ren erhr for pal)Ill burden d'scl.sur¢) 1. I)pt of Federal Actiun: d loan 2. Stalus of Federal Action d. Report Ty~e ~] a. bid/offer/application [~ ~. lmtial filing b. lnilial a'aard b. ntaterlal change c. pOSl-award For ~laterial Chaltge only ytmr: Quarter: D'ate al-lasl report: If rep~rllng entily in No. 4 i~ Subawarde~, Enter nam~ and address al- Prime: ()NDCP C.ngressional District, if known Federal Program Nam*JDe~cription: HIDTA 8. Federal Action Number, if known 10. a. Nan~e Mnd Addr~'gs of Lobbying Enlily Award Amount, ff known hndi~iduals perfo~x~ng S~i-~riL'l~ (including address il' different l-rom No. None None 11, Anmunl al` PMym~nt (check all that apply): [atlach Continnalion She~t (s) SF-LLL-A, if m~t~ary) 13. Type or Payment (check all thai apply) 12. 14. $ N/A actual planned ___ a. retainer B riel- Description al- Ser~ ices Performed or to be Perforn~d and Date{s) of Service, including officer(s), employee(s), or Member(s) contacted, for Pmyn~at indicated iu Item 11: None 15. Continuation Sheet(s) SF-LI.I_-A atached: yes X No 16. Inl-ormation requested through this form is authorized by title 31 U.S.C. section 1352. This disclomve of lobbying activities is a material repecsentation of facl ulmn which reliance was placed by the tier aho~r when this Ira[L~clion was n~:le o entered init. Thks disclosure is requested pursuant to 31 IJ.$.C. 1352. This infommtion 'Mil be reported to Congrass send-annually and will be available for public i[~spt.cllot~. An) person who fails lo I'de the require~ disclosure shall be subject Io a civil penally al n~l it'ss than $10,000 and not more than $100,000 for each such failure. Federal Use Onl): Authorized for local reproduction Standard Form - LLL Confidental Funds Certification This is [o ceHily that I have read, understood, and agree to abide by all of the conditions for confidential funds as set forth Dale: _. _ Signature: . ..~¢~",",",","~,~...~(_ ', '0,///'.¢4.¢-4~ Project Directo~ ~ ORDINANCE APPROPRIATING $145,740 FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY, IN THE No. 1061 POLICE GRANTS FUND TO SUPPORT THE CORPUS CHRISTI POLICE DEPARTMENT'S (CCPD) ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $145,740 be appropriated from the Executive Office of the President, Office of National Drug Control Policy. in the No. 1061 Police Grants Fund, in order to support CCPD's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this, the day of ,2005. ATTEST: THE CITY OFCORPUSCHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Legal Form Approved an yA. Stoneroad Assistant City Attorney /2. , 2005; TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present mee[ing of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Bill Kelly Rex A, Kinnison Melody Cooper Jesse Noyola Mark Scott 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07119/05 AGENDAITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $469,142 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicie theft e~forcement grant wffhin the Police Department for Year 5. B. Ordinance appropriating $469,142 from the Texas Automobile Their Prevenfio~ Authority (ATPA) in the No. 1061 Police Grants Fund and appropriating $11,263 ~ the No. 1061 ATPA Asset Sefzure and Forfeiture Account as grant matching funds. ISSUE: The ATPA has awarded Year Five funding to the City of Corpus Chdsti and the granl must be acoepted and funds appropriated. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the [unds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 04/26/05 FUNDING: Year 5 of the grenl requires at least a 20% match by the City. The match may be cash, in-kind, or program income. The ATPA Asset Seizure and Forfeiture Account will provide cash $11,263 em:J the Police General Fund will provide an in-kind co~tribufion of $164,437. CONCLUSION AND RECOMMENDA'RON: Acceptance of the grant and appropriation of funds. Grant award document BACKGROUND INFOR~A'RON The City of Corpus Christi has received Year 5 funding h-om the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to d$ing auto thefts and is funded through an annual $1 fee o~ every insured vehicle in Texas charged to insurance companies wflo provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the seJvage yards in the City and County Io reduce the sale of stolen vehicies and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit, auto theirs have dec, reased by 31% The grant includes funding for a lieutenant to supervise the Unit, two s~vom CCPO officers, one civilian Crime Analyst, one civilian Management Assistant, and one Staff Assistant to assist with data entry of auto theft crime information. The three c~vitians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant papenvork. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 10 years. The C~ty must reapply each year because the ATPA requires a very (:Jose review of performance and the grantee's ability to utilize Ute funds efficiently. 4000 Jack$o~ Avenue Austin, Texas 78731 Telephone: (5t2) 374-5101 Facsimile: (5t2) 374-5110 - JL L OS IS 25 MEMORANDUM TO: Project Directors Automobile Theft Prevention Authority (ATPA) Grants FROM: Susan Sampson, Director Automobile Theft Prevention Authority SUBJECT: ATPA Grant Award Documents The enclosed packet contains important documents concerning a grant awarded to your agency by ATPA. In a separate letter, the authorized official designated in your grant application has been informed of the award. Also for your information, please be advised that, under separate cover, the designated i=inancial officer has been sent a copy of the documents enclosed in this letter; a set of Request of Funds forms which need to be sent to the ATPA office; and reference documents, ii= applicable. The documents provided should be read carefully and kept in your permanent records. The documents included are listed below: 1. Original Grant Award Letter. 2. Original Statement of Grant Award which lists the Special Conditions which need to be met prior to release of funds. 3. Original Acceptance Notice. 4. Original Budget Digest. The Statement of Grant Award contains a copy of lhe Approved Budget Summary, which reflects the final grant budge(. This approved budget may or may not be exactly the same as the budget contained In the grant application originally submitted to ATPA. Because of this, you should compare this document with the application to familiarize yourself with any changes that may have occurred. Please read carefully the approved budoet summary and if there are anv corrections contact ATPA before the Accelotance Notice is siqned. If I can be of assistance, please call 512/374-5108. Watch Your ORIGINAL June 28, 2005 Mr. George K. Noe Manager City of Corpus Christi P.O. Box 9277 (;orpus Christi, Texas 78469 GRANT NBR: SA-TO 1-10045-06 YEAR OF FUNDING: 4 APPLICATION: City of Corpus Christi TITLE: Corpus Christi Auto Theft Prevention Grant AMOUNT: $ 469,142 Dear Mr. Noe: 1 am pleased to inform you that the above referenced grant is approved in the amount indicated. ]he grant award must be accepted within 30 days by completing and returning the enclosed grantee acceptance notice in the pre-addressed envelope prov/ded. A copy of the Automobile Theft Prevention Authority's Grant AdminisWative Guide is being forwarded under separate cover to the financial officer designated in your grant application. I look forward to working with you to ensure the success of your program. Any questions rclalmg to the administration of this grant should be directed to our office by calling the Grant Administrator, Charles Ca ldwell ( 512) 374-5 l 0§. Sincerely, Susan Sampson Director, A~I~A Grant Number; Grantee: Project Title: Grant Period: Funding Source: Texas Automobile Theft Prevention Authority Approved Budget Summary SA--T01-10045-06 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 09/01/2005 to 08/31/2006 Auto Theft Prevention Authority Region: 2000 Date: 06/27/05 ATPA Cash Match In-Kind TOTAL A. Personnel: $427,338 $11,263 $151,949 $590,550 B. Conb'actual: $0 C. Travel: $8,700 $8,700 D. Equipment: $0 E. Supplies: $33,104 $12,488 $45,592 F. Indirect: $0 Total: $469,142 $11,263 $164,437 $644,842 Budget Delail: A. Crime Analyst 100% $40,039; ManagementAsst. III 100% $35,061; Lieutenant 100% $64,348; 2 Senior Officers 100% 2 @ $55,486 or $110,972; Staff Assistant 75% $21,261; Overtime $13,584; Fringe Benefits $142,073 Local: Mgmt. Assr. $375 In-State: ATPA Conf. $2,079; ATPA Bd. Mtgs. $1,764; DPS Training $924; Out-of-State: TAVTI $3,558 Office Supplies $2,000; Cellular Phone Airtime $3,600; Pager $441; Public Awareness Media $12,563; Postage $500; Fuel & Maintenance $4,000; Confidential Funds $5,000; Coveralls, Tools for Salvage Yards $1,000; Vehicle Maintenance $4,000 Law En[orcemen[, Detection and Apprehension Texas Automobile Theft Prevention Authority Statement of Grant Award Grant Number: Grantee Name: Project Title: Grant Period: SA-T01-10045-06 City of Corpus Christi Auto Theft Prevention Grant 09/01/2005 - 08/31/2006 ATPA Award: $469,142 Grantee Cash: $11,263 Grantee In-Kind: $164,437 Total Project Cost: $644,842 The Texas Automobile Theft Prevention Authority (ATPA) has awarded the above-referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ATPA Grant Administrative Guide promulgated for this specific program fund (referenced above) through the Automobile Theft Prevention Authority a listing of applicable special conditions are listed below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Administrative Guide. GRANTEE REQUEST FOR FUNDS AJI Grantee request for funds shall be submitted to ATPA in accordance with the ins[ructions provided by ATPA and shall be in the form required by ATPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and action required on the pad of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ATPA Rule contained in the Grant Administrative Guide for this specific program fund. Special Condttlons and Requirements: Cooperative Working Agreements Non-Supplanting Cedification Confidential Funds Certification June 27, 2005 AWARD DATE SUSAN SAMPSON Automobile Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78731 512/374-5101 GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Curious Christi hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Theft Prevention Authority. State of Texas, entitled __ Auto Theft Prevention Grant and further identified by grant number SA-T01-10045.-06 ; and Whereas. the Automobile Theft Prevention Authority has approved the grant application as evidenced by the Staten~ent of Grant Award from the Automobile Theft Prevention Authority dated 06/27/05 certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management Standards, and specia! requirements as evidenced by the Statement of Grant Award; Nov,', therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and Conh-act Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of thc governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elements of the application, and the POSITION authorized to submit adjustments is . NON-LOBBYING CERTIFICATION: We, the undersigned, ccn'fify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has wolated the certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Automobile Theft Prevention Authority, Certified By: r~qarns &,, Title(mu~prmt or type) Official Agenffy Address(s~reet or ~ omce box) Ciw~ip Code~elephonc Numar Date: Signature of Financial Officer ~ame & Title(must pnnt or type) Official Agency Address(street or post office box) Ci~/Zip Code~elephone Numar ~ I -- ~O Signature of Authorized Official Name~& Title (must pnnt or type) Official Agency Address (street or post office box) City/Zip Code/Telephone Number '~ b [ -- ~(~) ORDINANCE APPROPRIATING $469,142 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE No. 1061 POLICE GRANTS FUND, APPROPRIATING $;11.263 FROM THE No. 1061 ATPA ASSET SEIZURE AND FORFEITURE ACCOUNT AS MATCHING FUNDS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $469,142 from the Texas Automobile Theft Prevention Authority (ATPA) is appropriated in the No. 1061 Police Grants Fund; $11,263 is appropriated from the No. 1061 APTA Asset Seizure and Forfeiture Account as matching funds; and an emergency is declared due to the need for immediate action for efficient and effective administration of City affairs, all for funding a Lieutenant, two sworn Corpus Christ~ Police Departrr~nt (CCPD) officers, one civilian crime analyst, one civilian management analyst, one staff assistant and such expenditures as required for the CCPD motor vehicle theft unit. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action fcx' the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that t~is ordinance is passed and takes effect as an emergency measure upon its first reading, this. the day of ,2005. ATI'EST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor :)proved Assistant City Attorney ,2005; TO THE MEMBERS OF THE CiTY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached o~inance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, o~ at the present meeting of the City Council. Respectfully, Respectfully, Henry Gar~ett Mayor, City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Edward Marez Bill Kelly Rex ,A. Kinnison Melody Cooper Jesse Noyola Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: July 19, 2005 SUBJECT: Street Ovedays Project · Williams Ddve (Project No. 6356) · McArdle Road (Project No. 6357) · Gollihar Road (Project No. 6358) · Whitecap Blvd. (Project No. 6359) · Baldwin Blvd. (Project No. 6360) · Ayers Street (Project No. 6361) · Calallen Drive (Project No. 6362) · West Redbird Lane (Project No. 6363) BOND ISSUE 2004 PROJECT AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with Coym, Rehmet & Gutierrez Engineering, Inc. in the amount of $433,220 for the Street Overlays Project as follows: (BOND ISSUE 2004) · Williams Drive - Everhart Road to South Staples Street · McArdle Road - Holmes Drive to Whitaker Drive · Gollihar Road - South Staples Street to Aidine Road · Whitecap Boulevard - Bonasse Court to SPID (Park Road 22) · Baldwin Boulevard - Crosstown Expressway to South Staples Street · Ayers Street - Home Road to Watson Street · Calallen Drive - Highway 77 to West Redbird Lane · West Redbird Lane - Calallen Drive to I.H. 37 ISSUE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the design phase, bid phase, and construction phase; and requires City Council approval. FUNDING: Funding is available from the FY 2004-2005 Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. · IX: A~ef R.'Escobar, P.E. Oirector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map H iUSERS2/HOME~VELM~,F~GE N~STREET~6290 STREET OVERLAYS/CO NS ULTANT~AGENDA M~-MO BACKGROUND INFORMATION SUBJECT: Street Overlays Project · Williams Drive (Project No. 6356) · McArdle Road (Project No. 6357) · Gollihar Road (Project No. 6358) · Whitecap Blvd. (Project No. 6359) · Baldwin Blvd. (Project No. 6360) · Ayers Street (Project No. 6361) · Calallen Ddve (Project No. 6362) · West Redbird Lane (Project No, 6363) BOND ISSUE 2004 PROJECT PRIOR COUNCIL ACTION: 1. November 2, 2004 - Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). PRIOR ADMINISTRATIVE ACTION: 1. Au(lust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 2 March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). FUTURE COUNCIL ACTION: Approval of various construction contracts to complete the project as required. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Chdsti held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The ~3ond issue 2004 package includes $95 million in projects to be funded from ad valorem properly taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. EXHIBIT "A" I Page 1 of 2 H ~LISER$2~H©ME~VELMAP/GENtSTREET~6290 STREET OVER LAYS/CONSUL~ ANT~GENDA BACKGROUND PROJECT DESCRIPTION: The proposed project consists of the following improvements: Eight (8) street locations throughout the City have existing pavement in average to poor condition. The improvements will consist of isolated base repairs, ADA-ramp retrofit, asphalt milling, hot-mix-asphalt-concrete (HMAC) overlay, valve and manhole adjustments, and pavement markings. The designated street locations are: 2. 3. 4. 5. 6. 7. 8. Williams Drive - from Everhart Road to South Staples Street McArdle Road - from Holmes Drive to Whitaker Drive Gollihar Road - from South Staples Street to Aidine Road Whitecap Boulevard - from Bonasse Court to SPID (Park Road 22) Baldwin Boulevard - from Crosstown Expressway to South Staples Street Ayers Street - from Horne Road to Watson Street Calallen Drive- from Highway 77 to West Redbird Lane West Redbird Lane - from Calallen Ddve to I.H. 37 CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B. FINAL PRODUCT: Design, Bid and Construction services will result in street improvements including compliance with ADA requirements along the following streets: · Williams Drive · McArdle Road · Gollihar Road · Whitecap Blvd. · Baldwin Blvd. · Ayers Street · Calallen Drive · West Redbird Lane IEXHIBIT "A" Page 2 of 2 I H /USERS2/HOMEtVELMAP~GEN~STREE~62"gO STREET OVERLAYS/CONSULTANTM*GENDA BACKGROUND CONTRACT SUMMARY 1 SCOPE OF PROJECT (Street Overlays- Project No. 6290) Eight (8) slreet locations throughout the City have existing pavement in average to poor condition. The improvements will consist of hot-mix-asphalt-concrete (HMAC) oveday, valve and manhole adjustments, and pavement markings, The designaled street locations are: 1. Williams Ddve: Everhad Road to South Staples Street 2. McArdle Road: Holmes Dnve to Whitaker Ddve 3. Gollihar Road: South Staples Street to Aidine Road 4. Whitecap Boulevard: Bonasse Court to SPID (Park Road 22) 5. Baldwin Boulevard: Crosstown Expressway to South Staples Street 6. Ayers Street: Home Road to Watson Street 7. Calallen Drive: Highway 77 to West Redbird Lane 8. West Redbird Lane: Calallen Ddve to I.H. 37 2 SCOPE OF SERVICES The Engineer hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, Engineer will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the Engineer (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECTSCHEDULE DAY Wednesday Friday Fdday Friday Friday Fdday Friday Friday Friday Monday (2) Tuesday Wednesday Monday Monday DATE July 20, 2005 September 30, 2005 October 7, 2005 October 14, 2005 October 21,2005 December 2, 2005 December 9, 2005 December 16, 2005 January 6, 2006 January 9, 2006 January 24, 2006 February 1,2006 March 13, 2006 March, 2007 ACTIVITY Begin Design Memorandum Phase Design Memorandum Pre-Final Submission City Review Design Memorandum Final Submission Begin Design Document Phase Design Document Pre-Final Submission City Review Design Document Final Submission City Review Advertise For Bids Pre-Bid Conference Receive Bids Begin Construction Construction Completion IEXHIBIT "B" I Page 1 of 2 4 SUMMARY OF FEES Fee for Basic Services 1. Preliminar7 Design 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees Fee for Additional Services 1. Topographic Survey (AUTHORIZED) 2. Environmental Issues 3. Construction Observation Services 4. Warranty Phase 5. Public Meetings (AUTHORIZED) Sub-Total Additional Services Fees TOTAL FEE $57,413.00 121,646.00 6,915.00 32,426. O0 218,400.00 115,800.00 0.00 80,000.00 8,760.00 10,260.00 214,820.00 $433,220.00 EXHIBIT "B" Page 2 of 2 N SAN PAT COUN/¥ ~NUECES BAY CORF~US CHRISTI BAY MADRE Street Overlays Williams Drive - Everhart Road to ~outh Staples Street HcArdle Road - Holmes Drive to Whitaker Drive Gollihar Road - ~outh Staples Street to Airline Road Whitecap Blvd. - Bonasse Court to S.P.I.D. (PR 22) Baldwin Blvd. - Crosstown Expwy. to South Staples Street Ayers Street - Home Road to Watson Street Calallen Drive - Hwy 77 to West Redbird Lane West Redbird Ln. - Calallen Drive to Leopard Street .gULF OF MEXICO C£TY PROJECT No, 6290 L OCA T T_ ON MAP H~T TO 5CALE EXHZBZ T "C" STREET OVERLAYS PROJECTS (BOND ~.SSUE 2004) CITY OF CORPUS CHRISTI, TEXAS CZTY COUNCZL EXHZB_TT ~_~ DfF'AI, IME,H~ O,r ENGINEERING SERVICES PAGE: I of 1 DATE: 07-1,3-2005 7 CITY COUNCIL AGENDA MEMORANDUM July 19, 2005 AGENDA ITEM: Amending Resolution No. 025547 recognizing the public necessity of acquiring utility, right-of-way and construction easements for the Southside Water Transmission Main Project, Phases 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements; and revising the list of properties along the route due to rerouting of the pipeline at Yorktown Boulevard and Waldron Road. ISSUE: A Resolution was approved by City Council on November 11, 2003 for the Southside Water Transmission Main, Phases 4, 4a, and 5. These phases extended the water main from the South Staples Pumping Plant in a northeasterly direction to Holly Road and southeasterly to the Laguna Madre. The route along Yorktown Blvd., from Waldron Road to Laguna Shores Road, was revised by the City's design consultant to avoid a highly congested residential area that exists along this Yorktown Blvd. section of the route. The new route avoids this area and is diverted along some vacant back acreage as shown on the attached Exhibit C. Due to the cdtical acquisition schedule involved and in lieu of submitting individual resolutions as condemnations are needed, a single City Council approval is sought in this project for all potential condemnations; authorizing the City of Corpus Christi or its agents to proceed where negotiations have reached an impasse. FUNDING: No funding is necessary at this time. RECOMMENDATION: Approval of the resolution as presented. Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E Background Information Pdor Council Action Route Map Parcel List and Ownership Info. Resolution H:~-tOME~USEBIOG\GEN~nda Ilerp.s~SWT, Phase 5 ResolulJonV~genda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Southside Water Transmission Main, Phases 4, 4a, and 5 Amending Resolution No. 025547 PRIOR COUNCIL ACTION: See Exhibit B FUTURE COUNCIL ACTION: Council will be required to: 1. authorize contracts and expenditure of funds from the Water Capital Projects Fund (Commercial Paper) which exceed $25,000; and 2, authorize the payment of the upcoming Special Commissioners' Awards for the completion of these project phases. OVERVIEW: Backaround: The Council-approved 1997 Water Distribution System Master Plan Update recommended a new Southside Transmission Main from the O.N. Stevens Water Treatment Plant (ONSWTP) to a new pumping plant on South Staples. This new line will alleviate inadequate water supply and pressure problems experienced during peak demand periods in Pressure Zone 2, the area southeast of Everhart Road. In addition, the transmission main is necessary to increase the hydraulic capacity of the delivery system from the ONSWTP to southeast Corpus Christi and eventually to Padre Island. It will be the primary supply source for the Staples Street Pumping Plant. Phase 1 through 3 have been completed with Phases 4 and 4a being near completion. Phases 4, 4a, and 5, as shown on Exhibit C, will extend the transmission main to Holly Road and east to the Laguna Madre. The route along Yorktown Blvd in Phase 5., from Waldron Road to Laguna Shores Road, was revised by the City's design consultant to avoid a highly congested residential area that exists along this section of Yorktown Boulevard. The new route, which tums south at the intersection of Yorktown Blvd. and Waldron Rd., avoids this area and is diverted along some vacant back acreage as shown on the inset drawing shown on Exhibit C. The revised route eliminates twenty five landowners along Yorktown Blvd. and adds four new ones. The revised list of parcels and landowners is shown on the attached Exhibit D. Due to the critical acquisition schedule involved and in lieu of submitting individual resolutions as condemnations are needed, a single City Council approval is sought in this project for all potential condemnations; authorizing the City of Corpus Christi or its agents to proceed where negotiations have reached an impasse. Eminent Domain procedure: The City's standard procedure is to obtain C~ Council approval to resort to eminent domain each time negotiations reach an impasse with a landowner. Past projects required numerous council requests for condemnation. This method of individual resolutions required added staff time and produced similar agenda items for Council. This agenda item proposes that Council provide a blanket approval for eminent domain proceedings at the beginning of a project and in advance of any proposed condemnation efforts. Negotiators will still make every effort to resolve acquisition through good faith negotiations. Due to the cdtical nature of this waterline project and strict scheduling requirements, approval of this resolution at this time is needed. EXHIBIT A PRIOR COUNCIL ACTION SUBJECT: Southside Transmission Main, Phases 4, 4a, &5 Amending Resolution No. 025547 5 10. 11. 12. 13. 14. 15. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan (M97-246) September 9, 1997 - Approval of amendment of the City of Corpus Christi Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050). December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174). June 16, 1998 - Award of an engineering services contract in the amount of $706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-208). September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main - Stevens Plant to Clarkwood Road project to include the Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327). September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65 with Trinity Engineering Co. for testing services for Southside Transmission Main - O.N. Stevens Plant to Clarkwood Road (M98-328). November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474). March 23, 1999 - Approval of site selection and authorization to proceed with acquisition (M99-078). March 23, 1999 - Amendment to the F-Y98-99 Capital Budget to revise the scope of the Staples Street Pumping Plant project by accelerating a portion of the South Staples 42" Southside Transmission Main from the proposed Staples Street Pumping Plant to Yorktown Road (Ord. No. 023592). March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the contract with Urban Engineering expanding the scope of engineering services for the Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related additional engineering services for a 42-inch waterline from the new pumping plant at South Staples and County Road 43 to the existing 16-inch waterline near Country Creek (M99-079). May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99- 142). May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. M023645). June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189). July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703). September 28, 1999 - Award of construction contract to Gamey Company, Inc. for 42" Waterline from New Pumping Plant at So. Staples and County Road 43 to existing 16" Waterline Near Country Creek for Staples Street Pumping Plant, EXHIBIT B I of 3 Contract 4 (M99-342), 16. October 19, 1999 - Award of construction contract to Lambda Construction for Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361). 17. April 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-106). 18. Apdl 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024014). 19. September 9, 2000 - Authorizing the condemnation of Pamels 8 and 9 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project. (Resolution #024213). 20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for $55,000 in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-332). 21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for construction of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not I:o exceed $8,605,411. (Motion M2000-434). 22. December 12, 2000 - Award ol: a testing agreement with Tdnity Engineering for testing of the new 60" waterline in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560. (Motion M2000-435). 23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for $28,291in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-060). 24. Apdl 17, 2001 - Motion authorizing the payment of the Special Commissioners' condemnation award of $7,604 for the acquisition of Pamels 8 and 9 located south of Callicoate Estates Unit 4 in connection with the Southside Water Transmission Main project, Phase 1 - O.N. Stevens Plant to Clarkwood. 25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute An engineering services contract in the amount of $1,247,003.00 with Urban Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162) 26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an amendment to an engineering services contract with Urban Engineering of Corpus Chdsti, Texas in the amount of $454,125 for the Southside Water Transmission Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Pads B and C. (M2002-180) 26. December 17, 2002 - Motion authorizing the City Manager of his designee to execute an engineering services contract with Urban Engineering of Corpus Christi, Texas in the amount of $1,824,742 for the Southside Transmission Water Main, Phases 4, 4a, and 5. (M2002-419) 27. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Gamey Companies, Ltd., of Kansas City, Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water Transmission Main, Phases 2, 2a, and 3. (Motion No. 2003-019) 28. November 11,2003 - Resolution recognizing the public necessity of acquiring utility and construction easements for the Southside Water Transmission Main project, EXHIBIT B 2 of 3 Phases 4,4a,and 5, for utility and other municipal purposes in connection with said project; and authorizing acquisition by means of negotiations or eminent domain proceedings by the City of Corpus Christi or its agents in acquiring said easements. (Resolution No. 025547 29. March 30, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Eloy H Salazar and Ricardo A. Martinez, in the amount of $25,080, for Parcel 406, necessary for the Southside Water Transmission Main, Phase 4, Project, (#8390), and for other municipal purposes. (Motion No. M2004-125) 30. Apd113, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ann Hardy Bratton, Individually and as independent Executrix of the Estate of Mark P. Bratton, for Parcels 401 and 411, in the total amount of $41,937, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and [or other municipal purposes. (Motion No. 2004-141) 31. Mav 18, 2004 - Motion authorizing the City Manager or his designee to execute two Utility Easement instruments with Ronald S. Browning, for Parcels 415 and 416, in the total amount of $31,290, both parcels necessary for the Southside Water Transmission Main, Phase 4a, Project, (#8425), and for other municipal purposes. (Motion No. 2004-183) 32. June 15, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with Frank T. Shumate, Jr., for Parcel 402B, in the total amount of $30,000, necessary for the Southside Water Transmission Main, Phase 4, Project 8390, and for other municipal purposes (Motion No. 2004-217) 33. Auqust 24, 2004 - Motion authorizing payment of the Special Commissioners' condemnation award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldridge Road and Saratoga Boulevard, necessary for the Southside Water Transmission Main, Phase 4a, Project fl8425, and for other municipal purposes. (Motion No. 2004-321 ) 34. October 12, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with L&L Family Partnership, Ltd., for Parcel 428, in the total amount of $35,000, necessary for the Southside Water Transmission Main, Phase 4a, Project i~q3425, and for other municipal purposes. (Motion No. 2004-378) 35. December 21, 2004 - Motion authorizing the City Manager or his designee to execute a Utility Easement instrument with COF Construction, L.P. aka COF Corporation, for the acquisition of Parcel 402a in the amount of $48,738, containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4, Project #8390, and for other municipal purposes, (Motion No. 2004-464) 36. January 18, 2005 - Motion authorizing the City Manager or his designee to execute Utility Easement instruments with the Estate of Rodgers Francis Estes and the Estate of Delma Lorraine Estes, for the acquisition of Parcels 431,432, and 433 in the total amount of $61,200, each containing both a Utility and Temporary Construction Easement, necessary for the Southside Water Transmission Main, Phase 4a, Project #8425, and for other municipal purposes. (Motion No. 200,5020) H:\HOME~EUSEBIOG\GENV~genda ItemsLSSWT, Phase 5 Reso4u§on~Drlor Council AcUon.doc EXHIBIT B 3 of 3 PARCEL LIST AND OWNERSHIPS Southside Water Transmission Main, Phases 4, 4a, 5 REVISED Parcel List & Ownerships Tra~ NCAD ID NO. PHA~}E 4 40~ 4250~03~ -0~02 BR~I~ON, MARK P. COF CORPORATION (W.T. YOUNG & GLENN YOUNG) FRANK THOMAS SHUMATE TRUST NO. 2 ARCHAEOLOGICA~ CO~ISERVANCY KING RANCH C-JO TRACY JANIK KING PJ~ICH C../O TRACY JANIK WALLACE. BEN B. , TRUSTEE CITY OF CORPUS CHRISTI CITY OF CORPUS CHRISTI MARTINEZ, RICARDO A. COO~(, RICHARD B. I NELLE S REVOCABLE LIVING TRUST COX, DON HAEBER & ROSALES ROOFING CO. KOCIAN. MICHAEL ~ & DAVID C. BRAI-rON, MARK p. PHASE 4A 412 2476-0021-0090 413 2476-0021~074 414 2476-0025-0~20 415 2476~O2~O25~ 416 2476-0020-0253 416 2476-0020-0254 417 2476-002O-O240 41 § 419 2476-0020-0095 419 2476-002C~0097 419 2476-0020-0~J8 420 247C~120-0091 421 2476~20-009~ 422 2476q:)020-0092 423 2476-0020-0090 424 0905q)001~O20 420 8175-0001~010 425 2475-0027-0315 428 2476q)o27~312 429 2476-0027-0315 430 2476-0027-0179 431 2330-0000-0020 432 7455-0017-0020 433 7455-0017-0010 434 745~0017-0040 435 7455-0017-0120 436 7455-0017-0110 437 7455-0017-0100 438 2595-0001-0010 439 2595-0001.-0031 LUNDQUIST, WAYNE JR. TRUSTEE SMITH, GEORGE T. SMITH, CAROL SYLVIA BROWNING, RONALD S. BROWNING, RONALD S. BROWNING, RONALD S. ELMILADY. DR, NABIL TR FOR ELMILADY CLINIC / CARMEN DIAZ BRAY, JO ALEE SHAFINUR~ MORTEZA AND MOSTAFA BIGHAMIAN SHAFINUR~ MORTEZA AND MOSTAFA BIGHAMIAN SHAFINUR~ MORTET-A AND MOSTAFA BIGHAMIAN HEINAMAN, AUBREY H. HEINAMAN, AUBREY H. D & E DEVELOPMENT CORPORATION RALPH. LESTER B JR.. ET UX FAITH TEMPLE FILAMER COMMUNITY CHURCH SEASIDE CEMETERY. INC. L & L FAMILY PARTNERSHIP, LTD. SEASIDE CEMETERY, INC. PEREZ. INNOCENCIA V. AND PEDRO R. PEREZ, DECEASED ESTES, R.F. ESTES. R.F. ESTES. R.F, BURDETFE, WILLIAM EDWARD HYATt, ROLLAND JR.. ET UX. NORMA BAZALDUA SEASIDE CEMETERY. INC. SEASIDE CEMETERY, INC. LEE, KWANG S., ET UX. JYUNG W. LIVE OAI( CONSTRUCTION, INC. Phase 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A EXHIBIT D 1of 2 PARCEL LIST AND OWNERSHIPS Southslde Water Transmission Main, Phases 4, 4a, 5 REVISED Parcel List & Ownerships Tr~cl ' NQAD IP PI-iASE ¢ ~01 4250~0314~002 40ZA 42~31~ ~02~ 42~32-01 ~ 403 4250-~31~5 402 42~-~32-~ 247~21~236 405 247~237 247~21~202 407 247~21~2~ 247~21 ~279 410 247~21~215 411 247~21 ~232 PHASE 4A 412 2476-0021-0090 413 2476-0021-0074 414 2476-0O25-OO2O 4,15 2476-~{Y~3-0256 416 2476A)020-0253 416 247~0020-0254 417 2476-00~-0240 418 247{~0020-00~4 419 2476~020-0095 419 2476-0020-0097 419 2476A302O-0098 420 2476~020-0091 421 247B~302O..0096 422 247~0O20-0092 423 2476~302O-0090 424 0905-0001-0020 426 8178~001-0010 425 2476-0O27-0315 42B 2476-0027-~312 429 2476-0027-0315 430 2476-0027-0179 431 2330-0O0G~020 432 7455-0017,.0020 433 7455-,0O17-0010 434 7455-0017~Q4.0 435 7455-,0O17-0120 436 7455-0017-0110 437 7455--0017-0100 438 2595--0001,43010 439 2595-0001-003t Owner BRATrON, MARK P. COF CORPORATION (W.T. YOUNG & GLENN YOUNG) FRANK THON~S SHUMAT~ TRUST NO. 2 ARCHAEOLOGICAL CONSERVANCY KING RANCH C./O TRACY JANIK KING RANCH CJO TRACY JANIK WALLACE, SEN B. , TRUSTEE CIT'Y OF CORPUS CHRiSTi CITY OF CORPUS CHRISTI MARTINEZ, RICARDO A. COOK, RICHARD B. / NELLE S REVOCABLE LIVING TRUST COX, DON HAEBER & ROSALES ROOFING CO. KOCIAN, MICH.a~L A. & DAVID C. BRA~I'ON, MARK P. LUNDQUIST, WAYNE JR. TRUSTEE SMFFH. GEORGE T. SMITH, CAROL SYLVIA BROW1~NG, RONALD S. BROWNING, RONALD S. BROWNING, RONALD S. ELMILADY, DR. NABIL TR FOR ELMILADy CLINIC / CARMEN DIAZ BRAY, JO ALLIE SHAFINURY, MORTEZA AND MOSTAFA BIGHAMIAN SHAFINURY, MORTC~.A AND MOSTAFA BIGHAML~'N SHAFINURY, MORTEZA AND MOSTAFA BIGHAMIAN HEINAMAN, AUBREY H. HEINAMAN. AUBREY H. D & E DEVELOPMENT CORPORATION RALPH, LESTER a. JR. , E'T UX FAITH TEMPLE FILAMER COMMUNITY CHURCH SEASIDE CEMETERY, INC. L & L FAMILY PARTNERSHIP, LTD, SEASIDE CEMETERY, INC. PEREZ. INNOCENCIA V. AND PEDRO R. PEREZ, DECEASED ESTES, R,F. ES'rES, R.F, ESTES, R.F. BUROE3~-E, WILLIAM EDWARD HYA'FT, ROLLAND JR. ET UX. NORMA BAT_ALD~JA SEASIDE CEMETERY, INC. SEASIDE CEMETERY, INC. LEE, KWANG S., ET UX, JYUNG W. LIVE OAK CONSTRUCTION, INC. Ph~s~ 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A EXHIBIT D 1of 2 PARCEL LIST AND OWNERSHIPS 440 441 442 4.43 450 451 452 453 501A 50'1C 501D 50ZA 502S 5O3 504 5O5 506 507 50~La, 508B 5O9 511 512 513 514 515 516 517 518 51g 520 521 522. 5~3 5;~4 525 52~ 5,27 528 2595q3001q3060 2595-0001-0035 2595-0001 q3030 2476q)027~017 4250q3005-0010 4250-0006-0000 0847-~318-0013 0847-0012-0030 PNASE 5 2476-0025-0170 247~0025~172 2476-0025-0170 2476-0025-0172 2476-002~0215 2476-0025-0220 2476-0034-0070,0072 2476-0036-0072 2476-0036-0075 2476-0036-0070 2476-0038-1720 0646-0(O0~260 0~46-0000-0255 O646-OOOO-024O O646-OOOO-O22O 06.4C~0000-00'10 2475-0038-1900 247~0038-1910 2476-0038-2008 2476-0038-2100 2476-0038-2200,2205 2476-0038-2300,2305 2476-0O38-2OO0 2476-0051-1700,1705 2476-0051-1800 2476~051-1900 2476~0051-2900 2476-0051-2100 2476-0(351-2200,0230 2476-0051-O235 2476-0051-2400 2476-0052-0170 YURAS, MICHAEL T., ET AL CITY OF CORPUS CHRISTI GONZALES, ALONZO A., ET UX, KELLY F. NUSS BROWN PROPERTIES ETHEL M. PUMPHREY PIERCE, ET AL DENTON WHITWORTH INV. LTD LE HUNG NHU PAUL & FRANCES SNYDER ESTATE Relabsd Inveslo~, LTD Yorldown Oso J~nt Venture Re~a[ed Invesl~:x~, LTD Yorkk3wn Oso Joint Venl~re E.C. Peb~son Palzlc~ H. Wallace. Trustee #2 Ronald and Kamn Louise I-lernd~n Raymundo Saudla Jelfmy R. Kmtz and wife, Krtsten Kmlz A~l~ro Mo~lna. Sr. Calvin F. Brlgflt Jo~n Ma.lek, III, et ux James L. MaJek, et ux Joseph J. Hellmann, et ux Joseph J. He~:mann, et ux Royce E. Ma~n Tr~l FIchb~ Cajun Leroy .Serf Nal~vidid M. Per.z, et ux Raul and Detma MarlJnez William M. Ea~t a~l Fl~-ence D. East Pamela Mize Glen MIc~.ael Daniels Paul J. Llsec, et ux Anderson Oil, LTD. Veterans Land Board o~ I~ Slate Ve~ma R. Camp~oel] James E. Finnegan U.S.A. Lan7 N. Ecf(rnan, et al Mary 0randon and Robert Spear Jo~,nny Sak~'nomen 4A 4A 4A 4A 4 4 4 4 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 EXHIBIT D 2of 2 RESOLUTION AMENDING RESOLUTION NO. 025547 RECOGNIZING PUBLIC NECESSITY OF ACQUIRING UTILITY, RIGHT-OF-WAY. AND CONSTRUCTION EASEMENTS FOR THE SOUTHSlDE WATER TRANSMISSION MAIN PROJECT, PHASE 5, FOR UTILITY AND OTHER MUNICIPAL PURPOSES IN CONNECTION WITH SAID PROJECT; AND AUTHORIZING ACQUISITION BY MEANS OF NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI OR ITS AGENTS IN ACQUIRING SAID EASEMENTS; AND REVISING THE LIST OF PROPERTIES ALONG THE ROUTE DUE TO REROUTING OF THE PIPELINE AT YORKTOWN BOULEVARD AND WALDRON ROAD. WHEREAS, the City of Corpus Christi ("City") has implemented a pipeline project, known as the Southside Water Transmission Main, to enhance the distribution of water to vadous parts of the city. WHEREAS, the pipeline project has entered into phase 5 of the overall venture. WHEREAS, there is a public necessity for this project and for the acquisition of property dghts, consisting of utility, right-of-way, and construction easements, in the parcels of land that will be crossed by this project as shown and described in "Attachment A". WHEREAS, the City is a municipal corporation and under Texas eminent domain laws has the dght to acquire utility, right-of-way, and construction easements in the parcels of land for the pipeline project and for other municipal purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS: SECTION 1. That the City Manager, City Attorney, and agents of the City, are authorized to acquire, either by negotiated purchase or by condemnation proceedings under Texas law, the utility, right-of-way, and construction easements in the parcels of land to be crossed by the Southside Water Transmission Main Project, as shown and described in "Attachment A", and for other municipal purposes. SECTION 2. That public necessity requires the acquisition of property rights, consisting of utility, right-of-way, and construction easements in said land, save and except the City seeks to acquire no oil, gas, and mineral rights. EXHIBIT E 1 of 3 SECTION 3. That the City Manager, City Attorney and agents of the City are authorized and directed to take such action as in their judgment is necessary in connection with the filing and handling of any condemnation case for the acquisition of said easements. SECTION 4. That this resolution shall take effect immediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form ~J~ I .~ By: Joseph H rn~e~ ~/~ Assistant City Attome~ For City Attorney [~ ,2005 ~$O-20 doc 2 day of ,2005. The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott EXHIBIT E 3 of 3 ~Z ATTACHMENT A 'k PARCEL LIST AND OWNERSHIPS Attachment A Southside Water Transmission Main, Phases 4, ia, 5 REVISED Parcel List & Ownerships Tract NCAJP IP NO. PHASE 4 401 425~0031~002 402A 4250-0031-0000 402B 4250-0032-0100 403 4250-0031-0005 402 47.50-00324~00 403 4250-0054-1000 404 2476-0008q~00 405 2476-0021-0236 405 2476-0022-0237 406 2476-0021-0202 407 2476-0021-0258 ~OB 2476-B021 ~27~ 409 2476-0021-0241 410 2476-0021 ~)215 411 2476-0021-0232 BRA'FFON, MARK P. COF CORPORATION ON.T. YOUNG & GLENN YOUNG) FRANK THOMAS SHUMATE TRUST NO. 2[ ARCHAEOLOGICAL CONSERVANCY KING RANCH CWO TRACY JANtK KING RANCH C/O TRACY JANIK WALLACE, BEN B. , TRUSTEE CITY OF CORPUS CHRISTI CITY OF CORPUS CHRISTI MARTINEZ, RICARDO A_ COOK, RICHARD B. / NELLE S REVOCABLE LIVING TRUST COX, DON HAUBER & ROSALES ROOFING CO. KOCIAN, MICHAEL A. & DAVID C. BRA"FI-ON, MARK P. PHASE 4A 412 2476-0021~090 413 2476-0~-1 ~74 414 247(~0025-0020 415 247~2~ 4t6 247~253 416 247~2~ 417 247~240 418 247~ 419 247~2~ 419 247~2~7 419 247~ 420 247~91 421 247~02~ 247~92 423 247~2~ 424 0~01-~20 426 817~1~10 425 247~27-0315 428 247~27~312 429 247~27~315 430 247~27~179 23~ 432 7~17~ 433 7~17~010 745~17~ 435 745~0017-0120 436 745~17~110 437 745~17-01~ LUNDQUIST, WAYNE JR. TRUSTEE SMF~H. GEORGE T. SMITH, CAROL SYLVIA BROWNING, RONALD S. BROWNING, RONALD S. BROWNING, RONALD S. ELMILADY, DR. NABIL TR FOR ELMILADY CLINIC / CARMEN DIAZ BRAY, JO ALIIE SHAFINURY, MORTEZA AND MOSTAFA f31GHAMIAN SHAFINURY, MORTEZA AND MOSTAFA BIGHAMIAN SHAFINURY, MORTEZA AND MOSTAFA BIGHAMIAN HEINAMAN, AUBREY H. HEINAMAN, AUBREY H. D & E DEVELOPMENT CORPORATION RALPH. LESTER B. JR , ET UX FAITH TEMPLE FILAMER COMMUNITY CHURCH SEASIDE CEMETERY, INC. L & L FAMILY PARTNERSHIP, LTD. SEASIDE CEMETERY, INC. PEREZ, INNOCENCIA V. AND PEDRO R. PEREZ, DECEASED ESTES, R.F, ESTES, R.F. ESTES, R,E BURDa[ lei WILLIAM EDWARD HYATT, ROLL.AND JR., ET UX, NORMA BAZALDUA SEASIDE CEMETERY, INC. SEASIDE CEMETERY, INC. Phpse 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A 4A Page 1 of 2 PARCEL LIST AND OWNERSHIPS Attachment A 438 439 440 441 4.42 ~3 450 451 452 453 501A 5OIB 501C 501D 502A 5O2B 5O3 5O4 5O5 5O6 507 5O~A 5O8B 5O9 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 2595-0001-0010 2595-0001-0031 2595-0001.-00~O 2595-0001~035 259,5~001~030 2476-0027-0017 4250~)005-O010 4250~00~O000 0847-0018~013 0/~47~O12-0030 PHASE 6 2476-0025-0170 247F>~O2~0172 2476-~O2~0170 2476~O25~172 2476-0025-0215 2476-OO26-O22O 247C~0034~070,0072 247C~-0036~072 2476-0036-007,5 2476-0036-0070 2478~O3~-1720 0~46-0000-0260 0648-0OO0-0255 0646-0000-0240 0646-O00O-0220 0~¢6-0000-O010 247~003~-1900 2476-0038-1910 2476-0038-2008 2476-00~8-2100 2476-0038-2.200,2205 2476-0038-2300,2305 2476-0038-2000 2476-OO51-1700,1705 2476~0051-18OO 2476A~51-1900 2476-0051-2900 2476~O51-2100 2476-0051-2200,0230 2476-0051-0235 2476-0051-2400 247~0052-0170 LEE, KWANG S., ET UX, JYUNG W. LIVE OAK CONSTRUCTION, [NC. YURAS, MICHAEL T., ET AL CITY OF CORPUS CHRISTI GONZALES, ALONZO A.. ET UX, KELLY F, NUSS BROWN PROPERTIES ETHEL M. PUMPHR~Y PIERCE, ET AL DENTON WHITWORTH INV. LTD LE HUNG NHU PAUL & FRANCES SNYDER ESTATE Related rnvesto~, LTD Yo~lown Oso Joint Venh,re Related Investors, LTD YOd(tOWT~ OSO Joint Venture E.g. Pelf'son Pal~cia H. Wallaoa, Trustee #2 Ro~ald and Karen Louise Hemdon Raymundo Saudla Jeffrey R. Ki'~tz and wife, Kdstan Kratz Antaro Moiina, Sr. Calvin F. Bright John MaJek, I1~, etux James L MaJek, e! ux Clara M~:~w Joseph J, Hellmann. et ux Joseph J. Hellmann, et ux Royce E. Martin Tfinl Fichtel Calvin Le~oy Sel! Nalivldld M. Perez. et ux Raul and Detma Ma~nez W]lllam M. Ees! and Florence D. Eas[ Pamela Mlze G~e~ Michael Darnels Paul J. Lisec, e[ ux A~derson Oil. LTD Veterans Land Board of tt'~e State Velma R. Campbell Jam~s E. Flnr~3n U.S.A. Larry N. Eckman, et al Mary B~andcm and Ro~c~rt Spear Johnny Salomo~sen 4A 4A 4A 4A 4A 4A 4 4 4 4 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 § 5 5 5 5 5 5 5 5 5 5 Page 2 of 2 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/19/05 AGENDA 1TEM: Motion authorizing the City Manager or his designee to execute a professional services contract with Mythics, Incorporated in the amount not to exceed $49,750.00 for consulting serv/ces to provide the City with functional support for the upgrade of the PeepleSofi Financials v7.02 software to v8.8 software. ISSUE: The Financial Services Department has been working with the MIS Department over the past several months to upgrade the PeopleSoft-Financials software system to a web-based application. We are scheduled to "go live" with the new v8.8 software either the week of July 11, 2005 or July 18, 2005. Because of the complexity of the conversion, it is imperative that we obta'm adequate functional support both during and after the conversion to insure that all our processes are working properly. Without adequate support, the integrity of our data may be jeopardized and our financial system may not function properly. Mythics, Incorporated is being recommended as th,hr services are needed to complete the functional aspects of the upgrade as well as impart considerable functional knowledge transfer to the City Staffrespoasible for maintaim~g the new functional aspects of the system. REQUIRED COUNCIL ACTION: Council approval of motion executing a professional services contract. PREVIOUS COUNCIL ACTION: None. FUNDING: Funding will be prox4ded by the General, Water, Gas, Wastewater, Stores, Maintenance Services, MIS and Risk Management funds CONCLUSION AND RECOM3/IENDATION: City Staff recommends approval of the motion authohzing the City Manager or his designee to execute a professional services contract with Mythics, Incorporated in the amount not to exceed $ 49,750.00 for consulting services to provide the City with functional support for the upgrade of the I?eopleSoft F~nancials v7.02 software to v8.8 software. Cindy O'Brien~ . Director of Financial Services Attachment: Statement of Work Contract with Mythics, Inc. STATEMENT OF WORK FOR Oracle Co~sulting - Peoplesoft Professional Set, lees Presented to ~e City o1: Corpus Christi, TX This Statement et Work (hereinalter re[erred to as ~SOV~F) dated July 14, 2005 ("SOW Eftecflve Date") is entered into by and belween I~le City o[Corpus Chrisl~ (hereinafter referred to as 'Client"), and Mylhic~, Inc. (hereinafter re[erred to as 'lVly~'lics"). Mythic~ shall provide Client with professional services, on a lime and materials (not to exceed) bas~s as defined be~ow Article I. Description of Services Oracle Consulting - Peoplesoff Proi'essional Services to provide functional and technical support on Peoplesol~ Financial modules: General Ledger (GL), Accounts Payable (AP), Purchasing (PO), Commitment Conb'ol (CC), Inventory (I). The approximate anl~cipated period o~' performance fef this effort is July Section 1.01 Oracle Consultina - Peopleso~t Pn~essio,al Services Oracle Consulting - Peoplesol~ Professional Services to assist with the following, but not limited to; Provide Functional and Technical Support on Peoplesolt Financial Modules o General Ledger (GL) o Accounts Payable (AP) o Purchasing (PO) CommibmefltCont~ol (CC) o Inventory (I) · Provide Coaching and Mentorlng on Peoplesoff Financial Modules (GL. AP, PO. CC. I) Article II. Item Section 1,02 To~t Estimate Labor Category PRINCIPAL Estimated Hours 200 Ra~/Hr $248.75 Price $49,750 $49,75O Article III Ten'ns and Conditions Section 2.01 Expense aareen~]nt TraveJ and Expense costs are included in the hourly rate per each labor category. The services specilied above are provided on a lime and materials (~T&M") basis: that is, customer shall pay Mythics for all oflhe lime spent performing such services, plus materials, taxes and expenses. The fee estimate for labor pedormed and h'avel and out of pocket expanses is $49,750. This estimate does net include taxes. Fees above estimated price of $49,750 require prior written approval of Client. Mythics will invoice the customer for actual lima spent performing ~e services, plus materials, taxes and expenses, provided, however, that the combined total el:the invoices (excluding taxes) shall not exceed combined total el~ the estimated amount specified above. · Client wdl not be invoiced for any services not provided. MYTH Section 2.02 Clm~t Obliqations Client acknowledges that timely provision ot and access to office accommodations, facilities, equipment, assistance, copperahon, complete and accurate intormation and data from your officers, agent, and employees, and suitably configured computer products (collecavely, "cooperalJon") are escenlial to the pertormance of any services as set forth in this exhibit. Mythics' Oracle Consulting - Peoplesoff Professional Services will not be responsible for any deliclency in performing services il' such deficiency results ~*om your failure to provide lull cooperation. Client is responsible for obtaining any consents required tor Mythics' Oracle ConsullJng - Peeplesoff Protessional Services to perform services under this Statement of Work, and to allow Mythics' Oracle Consulting - Peoplesolt Professional Services to post, at any site at which cervices are performed, any documenb~ necessary tor Mythics' Oracle Consulting - Peoplesolt Professional Services to provide services in compliance vvflfl the law. Client acknowledges that Mythics' Oracle Consulting Services - Peoplesolt Protessional Servmes' ability to perform the services and any estimate related depends upon the following project assumptions and your lulflllment o[ the following obligations: Ensure that the on site resource provided by My~ic's has reasonable access to your personnel as needed, and that the client team members participate as required. · Provide input and information as requested. · Ensure the availabilily and reliabil~y ot the hardware, operaling system, and supporting equipment for the duration o¢ the project. · Provide adequate systems support. Designate an ExeculJve Sponsor with decision-making authority, who will review issues and make timely decisions on your behalf, and be responsible for the effort from your perspective. · To ensure that the following resources are made available ta the consultant: work area, access to the required equipment (network, passwords, etc), printers, security badges, access levels and approved guides where relevant, outbound analog phone lines, telephones and access to normal office [-acllltJes such as photocopiers, FAX machines, work rooms, w~hiteboards, ek; Maintain the prppedy conligured hardware/epefafing system platform to support the services. Obtain licenses under separate conb-act for any necessary Oracle programs before the commencement of services Maintain Software Updates and Product Support tor the Oracle programs under separate conlract throughout the term ot the services. · Provide Mythlcs' Oracle ConsullJng staff with full access to the relevant func§onal, technical and business resources with adequate skills and knowledge to support the performance of services. S~ction 2.03 Responsibilities of bom parties This project is a mutual partnership. The success o[the project depends on the mutual co-operalJon of both Client and MYTHICS. Both parties should always act in agreement towards meelJng the defined project objectives and managing scope. Section 2.04- Liability and Goveminq Law This Statement o1' Work is governed by the terms and conditions ot the State of Texas Department oi= In~'ormafion Resources Volume Pricing Conl~act (DIR-VPC 03-18) dated 2003. The failure of either party to take action as a result of a breach of this agreement by the other party shall conslJtute nelt~er a waiver of the particular breach involved nor a waiver of e~J3er party's dght to enforce any or all provisions or'this agreement through any remedy granted by law or Ibis agreement. Section 2.05 Ri(~hts in Work Product Upon final payment, any computer program, code and mstedals developed by MYTHICS in the course of performance under this Work Order and which have specific applicability such as indust~./-specific forms and induslry related algorithms or calculation methods ("Client Developmenbs"), shall be owned by Client. However, Client granls to MYTHICS a perpetual, non-exclusive, full paid-up and non-cancelable right and license to use, copy, modify and prepare derivative works thereo[ MyIh]cs, Inc. 1437 North Greal Neck Road, Suife 202 Virginia Beach, Virginia 23454 Phone: (703) 582-1zk37 Fax: (757) 412-1060 MYTH I 0 Work product developed hereunder oLher than specific new developments (the 'General Developments") shall be ovmed by MYTHICS. Upon final payment, Client shall have a perpetual, nonh-ansferable, non-exclusive paid-up fight and license to use, copy, modify and prepare defivatJve works of the General Developments. Cllenrs rights in the General Developments shall be for purposes or Clienl's internal business and the business of any party affiliated ~ Client (by ownership or by con~-act) and, to the e~ent any Other Developrnenls contains MYTHICS Con§denlJal Information, shall be subject to the contidentJality provisions oi' the Agreement. The Client Developments and General Developments are collectively referred to as the "Deliverables." Except as otherwise set forth herein, all other intellectual propert7 dghts in I~e Deliverables remain in and/or are assigned to MYTHICS. The parties will cooperate with each other and execute such other documents as may be reasonably deemed necessary to achieve the objectives oi'this Sec'don. Subject to the ownership provisions hereof and the confidentiality provisions of the Agreement, in no event shall MY-rHICS be precluded [rom developing [or itself, ar for others, materials which are competJt~e with the specific Other Developments, irrespective of their similarity Ihereto. In addition, Subject to the ownership provismns hereoi' and the con~len§ality provisions of the Agreement, MYTHICS shall be []'ee to use its general know~edge, skills and experience, and any ideas, concepts, know-how, and techniques within the scope of its prac'dce that are used in the course or providing the Services. Upon delivery, MY-rHICS and Client shall mutually identify any programming code and materials considered Client Developments. Section 2.06 Se(irnen ration Client acknowledges that the services acquired hereunder were bid by MylJ~ics' Oracle Consulfng - Peoplesoft Professional Services separately [rom any Oracle program licenses. Client understands that client have the dght to acquire services without acquiring any Oracle program licenses, and that you have the right to acquire the services and any Oracle program licenses separately Section 2.07 Chan;e Control Process Any request [or any change in services must be in wrying; this includes requests [or changes in project plans, scope, specllications, schedule, designs, requirements, service deliverables, soi~,are environment or any olher aspect of your order. Mythics' Oracle Consulting - Peoplesolt Professional Services shall not be obligated to perform t~sks related to changes in time, scope, cost, or contractual obligations unl~l c{ient and Mythics' Oracle Consulting - Peoplesofl Professional Services agree in writing to the proposed change in an amendment to this Statement of Work. Mylhics, rnc. fz~9 Nodh Great Neck Road, 5uiJe 202 V'rgJnia Beach, Virginia 23454 PJ~one: (703} 582-1437 Fax: (757) 412-1060 3MYTH INS" Article III. Payment Terms The Client agrees to pay all invoices in full within 30 days of invoicing and agrees to pay an additional 1% per month for each mo~th that an invoice remains unpaid, starting 30 day~ after receipt of the invoice. Accepted b) the (~13 of Corpus (larisfl, TX Authorized Signature (Print name and rifle) Cilia! Name: City of Corpus Christ:, TX M ailing Address: City: Sram, Zip Code: Phtme: ( ) F~x: ( ) Accepled by Mh~FttlCS lne- Au thodzed Signalur~ Slmae Smutz Dustin' of Salc~ Professional Ser'~i~¢~ (Print nme: ~md title) Assistant City Afforney For City Attorney My~hics, Inc. 1439 North Great Neck Rood, Suile 202 V-rginia Beac2¥ Virginia 23454 Phone: (703) 5~2-1437 Fax: {757} 41G1060 9 AGENDA MEMORANDUM DATE: July 19, 2005 AGENDA ITEM: Resolution approving amendments to the City's Investment Policy. ISSUE: The Public Funds Investment Act requires the governing body of an investing entity to review its investment policy and investment strategies not less than annually. On July 8, 2005, the City's Investment Committee met to review proposed amendments and voted to submit these proposed amendments for adoption by the City Council. REQUIRED COUNCIL ACTION: Approval of the Resolution is required by the Public Funds Investrnent Act. CONCLUSION AND RECOMMENDATION: City staff and the City's Investment Committee recommend the approval of this Resolution. Cindy O'B~'C~ Director of Financial Services Attachments: Investment Policy Resolutmn Inves~nent Policy Public Funds Investment Act City's Code of Ethics Ordinance RESOLUTION APPROVING AMENDMENTS TO THE CITY INVESTMENT POLICY WHEREAS, the City of Corpus Chdsti Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; amending in Resolution No. 022980 on July 6, 1997; amended in Resolution No. 023472 on October 27, 1998; amended in Resolution No. 023864 on December 14, 19991 amended in Resolulion No. 024208 on September 12, 2000; amended in Resolution No. 024679 on December 11, 2001; amended in Resolution No. 025151 on December 17, 2002; amended in Resolution No. 025266 on April 15, 2003; and amended in Resolution No. 025557 on November 11, 2003; WHEREAS, the City of Corpus Chdsti Investmenl Committee reviewed these proposal amendments to the Investment Policy and recommends that the City Council amend the City Investment Policy; and WHEREAS, the Investment Policy provides for annual review by City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Invesl~nent Officer, Section III Definitions is amended to add Assistant Director of Financial Services to definition of Director of Financial Services: "Director of Financial Services Designee - Assistant Director of Financial Services, Controller or Chie[ Accountant." SECTION 2. Return on Inveetmef~s. Investment benchmarl(s found in Section IV Investment Objections Subsection C Return on Investments are amended to read as follows'. "C. Return o~ Inve~;,,,ents The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmad<s in a manner consistent with the principles of this policy described in IV.A and B. Operating Funds - Six Mcnth Ccnctan,~ M:tur!t:,' !ndex Six-month averaqe o1~ To×pool, Texstar and Texas Daily; Capital Improvement Funds - Throe Month Con[tant Maturity Index Six- month averaqe of Texl~ool. Texstar and Texas Dally; Core Funds - One Year Conctant M3turity Index Six-month averacle of TexDool, Texstar and Texas Daily; Special Funds - Throo Month U S Treasury Bill Yiold Six-month averac3e of Texpool, Texstar and Texas Daily" SECTION 3. Section IV D Diversification is amended to add "Texas Term investment Pool as one of the investment options: "D. Dlvemiflcatlo~ Investment Policy.doc 2 Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. U.S. Treasuries 2. U.S. Government Agencies 3. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA, Public Funds Investments Pools - through participation agreements; and 5. Certificates of Deposit - through approved local banks, 6. Money Market Mutual Funds 7. Guaranteed Investment Contracts (for Bond Proceeds only) 8. Texas Term Investment Pool." SECTION 4. Section V Authonzed Investments and Maximum Term, Subse~;tion A.4.Local Government Investment Pool is amended to increase Maximum term from daily to up to one year: "4. Local Government Investment Pool '~"'~" up to one year" SECTION 5. Section V Authorized Investments and Maximum Term, Subsection A.6. Money Market Mutual Fund, is amended to specify no service charge: "6. Money Market Mutual Fund A no-load money market mutual fund (no service charqe) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC Section 78a et seq.) or the Investment Company Act of 1940 (15 U S.C. Section 80a-1 et seq.); ¢. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer; and d. the money market mutual fund includes in its investment objectives the mainlenance of a stable net asset value of $1 for each share. e. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy." SECTION 6. Section V, Authorized Investments and Maximum Term, Subsection B, Weighted Average Maturity, part 3, is amended to read as follows: Inveslmenl Policy doc 3 Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to se.ve~ five years in U.S. Treasuries or Aclencies: Maximum Choke Canyon Fund 4050 .......................................... $2,000,000 Dobt Sop,ica Fund 2010 ............................................... $'1,000,000 Utility Refunding Fund 4100 ......................................... $6,875,000 Choke Canyon Fund 4050 .................................. $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (Ii) this Policy is amended to permit such investment." SECTION 7. Section V, Authorized Investments and Maximum Term, Subsection C Methods to Monitor Investment Market Price, is amended to delete Tale-Rate system: "C. Methods to Monitor Invesfl'nent Market Price The City monitors the market pdce of investments by obtaining this information [rom the BIoomberg system or tho Tole Rate cyctom which is made available through the City's authorized institutional brokers. The City may also obtain market pdce information from other nationally recognized sources of financial information such as the Waft Street Journal." SECTION 8. Section VII, Responsibilities and Controls, Subsection A, Authority to Invest, is amended to delete last sentence in the first paragraph, to read as follows: "A. Authority to Invest The authority to invest City tunds and the execution of any documentation necessa~ to evidence the investment of City funds is granted teAheqaimster-ef Financial Services City Treasurer. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. All investmonta will bo approved in wdting by the Dircctor of Financial Servioos or Dosignoo (excluding Investment SECTION 9. Section VII, Responsibilities and Controls, Subsection E, Training and Education, is amended to authorize Director of Financial Services to approve training seminars, to read as follows: "If the investment Officer desires to attend an investment-training seminar presented by another organization for training credit, such seminar must be approved by the City Manager Director of Financial Services or his designee." Investmenl Policy doc 4 SECTION t0. Section Xlll. Information Reporting/Evaluation, Subsection A, Investment Committee, is amended to authorize the Assistant Director of Financial Services and Assistant Director of Management and Budget to substitute on the Investment Committee for the Director of Financial Services and the Director of Management and Budget: "The City Treasurer and Investment Analyst are hereby designated as the Investment Officers and are responsible for the daily operation of the Investment program and will report to the Investment Committee on a quarterly basis A. Investment Committee consists of: City Manager Assistant City Managers Director of Financial Services or if vacant, Assistant Director of Financial Services City Attorney Director of Management and Budget or if vacant, Assistant Director of Manaqement and Budqet The Investment Committee will be responsible for monitoring, reviewing, and making recommendations regarding the City's Investment program to the City Council. Reports will be provided to the City Council by the Investment Officers no less than quarterly, as required by the Public Funds Investment Act." SECTION 11. Section Xlll, Subsection B, is amended to revise daily reporting to weekly reporting: "1. Weekly D3i!:,' basis to the Director of Financial Services or Designee (Excluding Investment Officers): a. Cash Position by Bank Account b. Collateral Position c. Investment Portfolio (Including Purchases/Maturities)" SECTION 12. Section XIII, Subsection D, is amended to revise record retention for five years: "D. Record Retention The City follows the guidelines of retaining records for seven five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines." SECTION 13. A copy of the amended City Investment Policy is attached and incorporated as an Exhibit. The Investment Policy is adopted as amended. Investment Policy doc 5 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: ~ I'Z- 2005. Lisa Aguilar~~*~ Assistant City Attorney for City Attorney Henry Garrett Mayor Investment Policy doc City of Corpus Christi City of Corpus Christi Financial Services Department DRAFT Investment Policy As of July 15, 2005 TABLE OF CONTENTS PaRe I INTRODUCTION .......................................................................................................... 1 II PURPOSE ................................................................................................................. 1 III. DEFINITIONS ............................................................................................................... 2 IV. INVESTMENT OBJECTIVES ......................................................................................... 3 V. AUTHORIZED INVESTMENTS AND MAXIMUM TERM ................................................ 5 VI. INVESTMENT MIX AND STRATEGIES ......................................................................... 9 VII. RESPONSIBILITY AND CONTRQLS ........................................................................... 10 VIII. COMPETITIVE SOLICITATION ................................................................................... 12 IX. AUTHORIZED INSTITUTIONS ................................................................................... 12 X. PLEDGED COLLATERAL ........................................................................................... 13 XI. SAFEKEEPING ........................................................................................................... 13 XII. WIRE AND ELECTRONIC SERVICES ......................................................................... 14 XIII. INFORMATION REPORTING/EVALUATION ............................................................... 14 XIV. BANKING SERVICES ................................................................................................. 16 XV. GENERAL PROVISIONS ......................................................................................... 16 APPENDICES A PUBLIC FUNDS INVESTMENT ACT ....................................................................... 1-18 B CITY'S CODE OF ETHICS ORDINANCE ................................................................. 1-8 I. INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as authorized by the Public Funds Investment Act, E[fective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state, and [ederal law. Investments shall be made with the pdmary objective of: · Preservation of capital and protection of principal; · Maintenance of sufficient liquidity to meet operating needs; · Secudty of city funds and investments; · Diversification of investments to minimize dsk while maximizJng interest eamings; and · Maximization of return on the portfolio. Earnings [rom investments will be used in a manner that will best serve the interests of the City of Corpus Christi Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. II. PURPOSE Authorization This Investment Policy is authorized by the City Council (see Appendix C) in accordance with Chapter 2256, Subchapter A of the Government Code - The Public Funds Investment Act (see the attached and incorporated Appendix A). This Investment Policy applies to activities of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service and Commercial Paper) In addition to this policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed annually by the City Council on or before December 31 of each calendar year subsequent to its adoption. Amendments must be authorized by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the investment Policy. The written instrument so adopted shall record any changes made to the Investment Policy. DEFINITIONS Authorized City Representative - Officers authorized to transact as set out in the attached and incorporated Appendix A on behalf of the City (City Treasurer, Controller, Chief Accountant, and Director of Financial Services). Authorized Selling Group - Pdmary dealer and regional firms that have been selected by the underwriter to sell their securities. Each authorized member o1' a selling group will offer the issue at the pdce auihodzed by the governmental agency. Collateral - Securities pledged by an Institution to safeguard City assets; the City requires either U.S. Treasuries or U.S. Agencies Securities so that the market values can be readily determined at any point in time. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments. Director of Financial Services Designee - Assistant Director of Financial Services, Controller or Chief Accountant. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction - An Investment, which an Institution fails to deliver to the City's Third Party Safekeeping Institution. Institution - Any firm, bank, bank holding company, broker or dealer who provides quotes for either the purchase or sale of investments, Investment - All authorized Securities listed in Item V. Authorized investments and maximum term investments approved by the Investment Committee include U.S. Treasuries, U.S. Agencies, Repurchase Agreements, Local Government Investment Pool, Guaranteed Investment Contracts (with respect to bond proceeds), and Collateralized Certificates of Deposit Investment Officers - City Treasurer and Investment Analyst. Investment Portfolio - All City monies being invested under authority of the Investment Officers. Qualified Representative - A person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; or (c) For an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool. (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the im,~stment management firm. Reserve Funds - Funds designated by Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non-profit corporations that Investment Officers are permitted to invest; includes such entities as the Corpus Chdsti Health Facilities Development Corporation, Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Chdsti Community Impro,~ment Corporation, HOME Project, First Time Home Buyer, Corpus Chdsti Industrial Development Corporation, Corpus Chdsti Business and Job Development Corporation, North Padre Island Development Corporation, and Corpus Christi Cdme Control and Prevention District. Third Party Safekeeping Institution - Any Institution not affiliated with Institution delivering the Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City, in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained by rapidly depositing monies and timing disbursements. Generally, Investments ara matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Investments with active secondary markets or in Local Government Pools with stable net asset values. It is imperative that the Investment Portfolio and Excess Cash Balances be protected with sufficient Collateral at a minimum of 102% of current market values so that monies are available as needed. Return on Investments The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this policy described in IV.A and B. Operating Funds - Six Month Constant Motudty Index Capital Improvement Funds - 'l-hmo Month Conctant k~tudty Index Core Funds - Oho Your Constant Maturity Index Special Funds - Threo Month U.S. Tro~cury Bill Yield Six-month averaqe of Texpool. Texstar and Texas Daily However, it must be recognized that during a declining market, satisfying this objective may not be practical until Investments mature and can be m-invested, especially since preservation of capital is the first pdority in the investment of monies pursuant to this Policy. For bend issues to which arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investing such monies. Diversification Diversification is required because of diffedng liquidity needs of the City and is employed as a way to control dsk. Diversification minimizes the dsk to the overall Investment Portfolio of potential losses on individual Securities and enhances the safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through vadous Institutions. The following types of Investments will be solicited from approved Institutions: 5. 6. 7. 8. U.S. Treasuries U.S. Government Agencies Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved pdmary dealer doing business in Texas as required by the PFIA. Public Funds Investments Pools - through participation agreements; and Certificates of Deposit - through approved local banks. Money Market Mutual Funds Guaranteed Investment Contracts (for Bond Proceeds only) Texas Term Investment Pool. The City recognizes that investment risks can result from default risk, credit volatility dsk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market pdce risks, volatile investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment-basis ~'or all transactions, except investment pool funds and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book enLry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certff'~cate of deposit. AUTHORIZED INVESTMENTS AND MAXIMUM TERM The City of Corpus Christi is authorized to invest in: A. Authorized Investments Obligations of the United States or its agencies and instrumentalities, which currently include: 1. Short-term U.S. Treasuries: Maximum Term a. U.S. Treasury Bills .................................................. up to 365 days b. U.S. Treasury Coupon Notes .................................... up to 3 years c. U.S. Treasury Notes and Strips ............................... up to 3 years* *see Section V.B.3. U.S. Agencies: Maximum Term a. Federal Home Loan Bank ........................................ up to 2 years b. Federal National Mortgage Association .................... up to 2 years c. Federal Farm Credit ................................................ up to 2 years d. Federal Home Loan Mortgage Corporation ............... up to 2 years e. Student Loan Marketing Association ......................... up to 2 years 3. Repurchase Agreements ........................................... up to 365 days Repurchase agreements fully collateralized at 102% with a defined maturity date placed with a primary government dealer and safekept at a Third Party Safekeeping institution, as provided under the provisions of the PSA (Public Securities Association) master repurchase agreement. An executed agreement between the City, primary government dealer and Third Party Safekeeping institution will be on file before the City will enter into a td-party repurchase agreement. Weekly monitoring by the City's Investment Officers of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. Reverse repurchase agreements are not a permitted Investment. 4. Local Government Investment Pool ,~,,a,, .......................... , up to I year Investments made on behalf of the City by a public funds investment pool duly created to [unction as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio at a $1 net asset value. If the ratio of Ihe market value of the Pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. The maximum amount that may be invested in any one local government investment pool is the lesser of the following: ti) five (5) percent of the current invested balance of the local government investment pool, or (ii) $50,000,000. The maximum total amount that may be invested in all local government investment pools is twenty-five (25) percent of the Investment Portfolio. The Director of Financial Services or designee may allow for up to a two-day increase in maximum amounts upon notification to Investment Committee. The public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recogniTed rating service with a weighted average maturity no greater than 90 days. Local Govemment Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the rating standard hereinabove stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 5. Collateralized Certificates of Deposit ............................ up to 1 year Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or Secured by obligations that are described by Section V, Subdivision A1 (a) through A.2 (e). Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral. (Collateral Mortgage Obligations will not be eligible as Collateral-see X,C,). The Investment Officers will monitor adequacy of collateralization on a weekly basis. 6 6. Money Market Mutual Fund A no-load money market mutual fund (no service charcle) is an authorized investment if: a, the money market mutual fund is registered with and regulated by the Securities and Exchange Commission b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U,S.C. Section 80a-1 et seq.); c. the money market mutual fund has a dollar weighted average stated matudty of 90 days or fewer; and d. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. e. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy. 7. Guaranteed Investment Contracts ............................... up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a pedod of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment ot bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction pedod for the capital improvement, the construction of which is to be funded with Bond Proceeds. Weighted Average Maturity In order to minimize dsk o[ loss to the Investment Portfolio due to interest rate fluctuations, Investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The maximum term for any Investment other than Reserve Funds is three years. The weighted averaged days to matudty shall be less than 365 days for Investments, other than Reserve Funds. 1. Operating Funds The weighted average days to matudty of Investments, other than Reserve Funds, shall be 365 days or less. The Investment Officers will monilor the maturity level and make changes as appropriate. Capital improvement Funds (Bond Proceeds, Bond Reserves, Debt Service and Commercial Paper) The Investment maturity oi' that podion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: The anticipated cash flow requirements of the Capital Improvement Funds; and The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary pedod, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital improvement Funds. Before an investment can be made of bond proceeds from all bond issues affected by the tax-exempt bond provisions of the Internal Revenue Code of 1986, as amended (the "IRC"), a careful yield analysis must be performed to comply with the IRC. Also, an annual rebate calculation must be performed to determine if the City is required to rebate interest at the end of each respective bond issue's five-year term. Beginning on the anniversary of the third year for the respective bond issues, all bend proceeds will be yield restricted as required by the IRC. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to seve~ five years in U.S. Treasuries or ARencies: Maximum Choko Canyon Fund '1050 ............................................ $2,000,000 Choke Canyon Fund 4050 .......................................... $10,000,000 Dobt Sorvico Fund 2010 .............................................. $'1,000,000 Utility Rofunding Fund '1100 .......................................... $5,975,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (I) such investments are specifically authorized for the investment or' these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. Methods to Monitor Investment Market Pdce The City monitors the market pdce of investments by obtaining this information from the Bloomberg system or the Telo Rate cyctem which is made available through the Cibj's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial inl"ormation such as the Wall Street Journal. VI. INVESTMENT MIX AND STRATEGIES A. Investment Mix A minimum of 15% of the total Investment Portfolio shall be held in Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries/Agencies may be purchased for longer-term maturities (greater than one year) but shall not exceed 40% of the total Investment Portfolio to preserve liquidity. Daily Investment reports shall specifically address whether stated Investment mix requirements are being met. Unless approved by the Investment Advisory Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies Investment strategies for Operating Funds and Capital Improvement Funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high quality, short-to-medium-term investments which will compliment each other. To pay for anticipated disbursements, investments will be laddered to correspond with the projected cash needs of the City. Some Investments are acquired on the short end of the yield curve (90 days or less) to meet immediate cash needs. A few Investments are purchased on the intermediate pad of the yield curve (1-3 years) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. Investment strategies for debt service funds shall have as the pdmary objective the assurance of investment liquidity adequate to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date that exceeds the debt service payment date. investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from investments with a Iow degree of volatility. In accordance with the bond ordinance specific to an individual bond issue, which sets out the maximum investment term, Investments should be of high quality, with short-to- intermediate-term maturities. Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Investment liquidity. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. The stated final maturity dates of Investments held shall not exceed the estimated project completion date. VII. C. Achieving Investment Return Objectives Investment selection shall be based on legality, appropriateness, liquidity, and risk/return considerations. Monies designated for immediate expenditure should be passively invested. Passive investment provides for: Liquidity to pay upcoming disbursements (payroll, debt service, payments, payables, etc.) 2. Maximizing investment terms under the current budget; and 3. Structuring the Investment Portfolio on a "laddered" basis. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: Active investment provides for: The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return dudng the holding period. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten matudty depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. RESPONSIBILITY AND CONTROLS A. Authority to Invest The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Dircctcr cf Finanoial Sorvioec City Treasurer. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. All invectmonts will bo approvod in writing by tho Diroctor cf Financial Sen,ices or Decignoo (oxcluding Invectmont The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or lo extension of the contract must be made by the City Council by ordinance or resolution. Establishment of Internal Conb'ols The City Treasurer will establish a system of intemal controls over the Investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. Prudent Investment Management Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be dedved Prudent investment is to be judged by the Investment Po~olio as a whole, not on individual Investments. If liquidation is necessary due to a pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this policy and as provided in 2256.021 of the Government Code. Investment of monies shall be governed by the following investment objectives in order of pdodty: 1. preservation and safety of principal; 2. liquidity; and 3. yield. The designated Investment Officers shall perform their duties in accordance with the adopted Investment Policy and Procedures set forth in the Investment Procedures Manual. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. The Investment Committee and Officers are indemnified as provided by City Ordinance. Standards of Ethics The Investment Committee and City Treasurer will comply with the City's Code of Ethics Ordinance attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. The designated Investment Officers and all members of the Investment Committee shall adhere to the City's Ethics Ordinance. To the extent required by section 2256.005(I) of the Government Code, the Investment Committee and City Treasurer shall make such filings as required by law. Training and Education Recognizing that the training and education of Investment Officers contributes to efficient and effective investment management, the City requires its Investment Officers to obtain appropriate professional training. Such training is currently required by, and shall be obtained in accordance with Section 2256.008 o[ the Govemment Code Public Funds Investment Act. The Investment Committee approves investment-training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Municipal Treasurers Association Texas Municipal League UNT Center for Public Management If the Investment Officer desires to attend an investment-training seminar presented by another organization [or training credit, such seminar must be approved by the City Manager Director of Financial Services or his designee. Viii. COMPETITIVE SOLICITATION IX. Except for repurchase agreements, guaranteed investment contracts, and public funds investment pools, any new issue investment will be purchased through an Authorized Selling Group or directly through the issuer. For any Investment purchased or sold through the secondary market, the City will obtain at least three proposals from Authorized Institutions. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outJined in Section IV.D. of these guidelines and must submit annual financial reports. AUTHORIZED INSTITUTIONS All institutions who seek to sell an authorized Investment to the City are required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Securities shall only be purchased through those Institutions approved by the Investment Committee. Investments shall only be made with those Institutions who have executed a written instrument in a form acceptable to the City, executed by a Qualified Representative of the Institution, and substantially to the effect that the Institution has: Received, thoroughly reviewed and acknowledged, in wdting, receipt and understanding of the City's Investment Policy, and; Acknowledged that the Institution has implemented reasonable procedures and controls in an effod to preclude investment transactions conducted between the Institution and the City that are not authorized by the City's investment Policy. Investments shall only be made with those Institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. The Investment Committee shall, at least annually, review, revise, and adopt a list ct qualified brokers that are authorized to engage in investment transactions with the City. The City Treasurer will request the Investment Committee to authorize deletion of Institutions for: Slow response time; Less than competitive pdcing; Little or no information on technical or fundamental expectations based on economic indicators; Failed transactions or continuing operational difficulties; or Unwillingness to continue to abide by the provisions listed in IX.A.; or Other reasons as approved by the Investment Committee. X. PLEDGED COLLATERAL The market value of pledged Collateral must be at least 102% of the principal plus accrued interest for Excess Cash Balances, certificates of deposit, guaranteed investment contracts, and repurchase agreements. Evidence of proper collateralization in the form of original safekeeping receipts held at a Third Party Safekeeping Institution not affiliated with the InslJtutJon pledging the Collateral will be approved by the City Treasurer and will be maintained in the City's Treasurer Office. An authorized City Representative (See Appendix A) will approve and release all pledged collateral. A. Collateral Substitution Collataralized Investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and seUlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allow~able for all transactions, but should be limited, to minimize the City's potential administrative problems. B. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. C. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. Xl. SAFEKEEPING A. Third Party Safekeeping Agreement The City shall contract with a Bank or Banks for the safekeeping of Securities either owned by the City as a part of its Investment Portfolio or held by the City or t3 a Third Party Safekeeping Institution as Collateral to secure cediflcates of deposit, repurchase agreements, guaranteed investment contracts or Excess Cash Balances B. Safekeeping of Certificate of Deposit Collateral All Collateral secudng bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federat Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third-Party Safekeeping Institution with which the City has (subject to the limitation described in Section X.C. above) established a third-party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is rastdcted to U.S. Treasuries and Agencies (subject to the limitation described in Section X.C. above) and must be delivered to a Third-Party Safekeeping Institution with which a third-party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. Xll. WIRE AND ELECTRONIC SERVICES Wire and electronic services are to be provided as referenced in the City's Depository Services agreement. The City requests applications for depository services every three to five years. Xlll. INFORMATION REPORTING/EVALUATION The City Treasurer and Investment Analyst are hereby designated as the Investment Officers and are responsible for the daily operation of the Investment program and will report to the Investment Committee on a quarterly basis. A. investment Committee consists of: City Manager Assistant City Managers Director of Financial Services or if vacant, Assistant Director of Financial Services City Attorney Director of Management and Budget or if vacant, Assistant Director of ManaGement and Budqet The Investment Committee will be responsible for monitoring, reviewing, and making recommendations regarding the City's Investment program to the City Council. Reports will be provided to the City Council by the investment Officers no less than quarterly, as required by the Public Funds Investment Act. Internal Reporting/Evaluation The following reports are to be submitted on a: Weekly n..;,,,__,,, basis to the Director of Financial Services or Designee (Excluding Investment Officers): Cash Position by Bank Account Collateral Position Investment Portfolio (including Purchases/Maturities) 2. Quarterly Reporting to Investment Committee and City Council. Executive Summary Schedules m. n. O. p. Combined Investment Portfolio Report of Market versus Book Values Combined Portfolio Composition Individual Portfolio Composition Cash and Equivalents, U.S Treasuries and Investments Greater than One Year Combined Summary of Investment Transactions Combined Investment Portfolio - Weighted Average Maturity Investment Revenue Aggregate Activity per Broker and Analysis of Excess Collateral Coverage Comparison of Investment Returns to Benchmarks investment Portfolio Report of Market versus Book Values and Weighted Average Matudty - Lake Texana Project Bond Funds by Issue Approved InstitulJonal Brokers Economic and Interest Rate Forecast Glossary Compliance Statement Quartedy Investment Committee Meeting Minutes from Previous Meeting External Reporting/Evaluations On a quadedy basis, the City's main depository and all applicable Institutions providing certificates of deposit in excess of FDIC coverage will provide to the Investment Officer for review a copy of the balance sheet and income statement for the Call Report. All Institutions will provide annual audited financial statements. Any local government investment pools must provide reports and disclosure statements as required by the Public Funds Investment Act. ]5 D. Record Retention The City follows the guidelines of retaining records for sever five years [rom City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XlV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of pa~'oll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XV. GENERAL PROVISIONS Audits and Inspections. Dudng regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examinalJon by the City Manager, his duty authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permii the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit oi: management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investmeni pools or accounts offered by its depository in/he form of certificates of deposit or money market accounts, ihe quarterly reports prepared by Investment Officers for the City Council musi be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached and incorporated as Appendix C "Investment Policy Resolutions." TEXAS PUBLIC FUNDS INVESTMENT ACT TEXAS GOVERNMENT CODE, CHAPTER 27.56. SUBCHAPTER A AUTI4ORIZED INVESTMENTS FOR GOVERNMENTAL ENTITLES ~'~c. 225¢~.001. Shoot This chapter may be cited as the Public Funds Investment Act Amended h¥ Acts 1995, 74th Leg., ch. 402, Sec. l, eft. Sept I, 1995. Sec. 2256 002. 1)cfinitim~>. In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "B~×~k value" means the original acquisition cmt of an ,nvestment plus or minus the accrued amortization or accretion. (3) "Funds" meapa public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the stare treasury; and (B) the investing entity has authority to invesr (4) "Institution of higher education" has the meaning assigned by Section 61 003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest pubLic (unds jointly on behalf o£ the entities that participate in the pool and whose investment objectives in order of prioritT arc: fA) preservation and safety lit principal; (B) liquidit'~; and (C) yield (7) "Local government" me~m~s a municipality, a county, a school district, a district or authority created undcr Section 52(b)(I) or (2), Article Ill, or Section 59, Article XVI, Texas C(msrimtkm, a fresh w~ter supply district, a hospital district, and any political subdivision, autho~ ity, public corporanon, body politic, or instrumcatality of the Stare of Texas, and any nnnprofic corporation acting on behalf nf any of those entities (8) "Market value" means the current ~ace or par value of an invmtmenr multiplied by the net sellir~[2 price of the security as quoted by a recognized market pricing source quoted an the (9) "Ptooled fund kq'oap" means an internally created fund of an Investing entity in which one (10) "(~)t~alitied representative" means a person wh~ holds a position with a business organization, who is autht~rt~cd to ace (m behalf ol thc business organtzation, and who is one of the Kqiowtng; fA) lot a bt~siness orgz,n~zat.~ doing busin~ thai is rc~la;cd by or registered wi~ a member of the lclan committee for the hank or branch of the bank or a person at~thorized by corporate resolutitvn to act on behalf of and bind the banking (C) for an inve.srment pool, the p--rson authorized by the elected official or hoard with a'athoriry to admimster the acti.,'ities of thc in.~,estmenr pool ro sign written instrument on bcha[f o( the inve~tment pool; or (l']) for aa~ investment management firm registered under the lnvtmtment Advisers Act ()1 1940 (15 U S.C Section 80l~1 et seqA ,~r, if not subject ro registration trader that Act, registered with the State Securities Board, a person who is an officer ,,r principal o( the investment management finn. (11) "Scht~l district" means a pt,bile schc'cd district. (12) "Separately invested axset" means an account or fund of a state agency or focal government that is n~t invested in apc, oled 6md gro~p. (13) "State agency" means an office, department, commimion, board, or other agency that is part of ~my branch of stare government, an institution of higher education, and any nonprofit c(/rp~r ~rion acting on behalf of an'}' of those enlities. Alue~xded by Acts 1995, 74th I.eg., ell 402, Sec 1, eff Sept 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 1, eft. Sept. 1, 1997; Acts 1999, 76th Leg, ch 1454, Sec 1, eft. Sept l, 1999 2256.005, Aufl.,rir~ t. In'-csl l..d:,; [~ntJth's S.bj,, ~ lo This Chaplet. (a) ~<~ governing ~ of the k~/h~ing enti~ies may purc~e, setl, and inv~c its ~n& and ~nds under its control in investments authorized under this subchaprer in compliance with inv~rmenr policies approved by the governing body and acct)rding to the standard o5 care prescribed by Section 2256.0067 (1) a lc)cai g~vemmem; (2) a stare aeencv; (3) a nonprofit corNqraticm acting on behalf ~( a Io~[ government or a state agency; or (4) an invest~nent pool ac~ing on behalf of two or more local governments, state agencies, or a In the exercise of its powers trader Stlbsection (a), the govermng b~x:iv of an investing entity u~ay contract with an in','estment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-I et seq ) or wida the State Sccurities Board to provide for the investment .lnd management t,f its public funds or .chef fmtds under its cor, trol. A contract made FIRST PUBLIC under authority t~f this subsection may not be for a temt longer than two years. A renewal or extension of the contract must he made By the governing N)dy of the investing enuty hy order, (c) Fhis chapter does uot prohibit an investing enutv or ~nvestment officer lmm using the entiry's employees or the services ota contractor o( thc' ennty to aid the revetment officer in the execution ol thc officer's duties under this chaplet Amended by Acts 1995, 74th Leg , ch 402, Sec 1, eft. Sept 1, 1995; Acts 1999, 76[h Leg., ch. 1454, Sec. 2, eft. Sept 1, 1999. '",'c. 22q6,004. Aplllicahibts. (al This subchapter does not apply to: (I) a public retirement system i, defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million m book wdue ~n May 1, 1995; (4) funds invested by the Veterans' Land P~lard a~ authorized by Chapter 16I, 162, or 164, Natural Resource_s Ck)de; (5) registry funds deposited with the county or district clerk under Chapter ll7, Local Government Code; or (6) a deferred compertsation plan that qualifies under either Section 401 (k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. (b) This subchaptcr dcm nor apply to an investment donated to an investing entity for a particuJm pu~ or under terms o(use specified by the donor. Amended by Acts 1995, 74[h Leg., ch. 402, Sec. 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg, ch. 505, Sec. 24, eft. Sept. 1, 1997; Acts 1997, 75th Leg., ch 1421, Sec 2, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec 821, eft. Sept. 1, 1999; Acts 1999, 76th Leg, ch. 1454, Sec. 3, eft. Sept. 1, 1999. ~,:c- 2256.005 luxcstmcm Polkics: In~tstmcnt Slratcgicsx ln¥cstmenl Officer. (al The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a wxitren mvemnent txdicy reg~ding the investment o£ its (un& and funds under its control. (b) The investment policies must: (1) be written: (2) primarily empha.si:e sai'ety rff principal and liquidity; (3l address investment di~ crsification, yield, and maturity and the quality and capability of (4) include: (Al a list o( the types olauthorized invesrments in which the investing entity's funds may be invested; (13) the maximum allowable stated maturity of any individual investment owned by the entity; (C) ft)t pot!ted fund groups, the maximum dollar-weighted average maturity allowed based on the stated maturity date for the portfolio; (D) medmds to monitor the m~rker price of investments acquired with public rinds; (c) The investment p~licies mW providc ~tlar bids fer certificates of deposit be solicited: (1) (2) ul writmg; (3) electronically; or (1) understanding of the suitability of the im:cstment to the financial requirements of the entity; (2) prescrvadnn md slfety of principal; (3) liquidity; marketability of iht' investment if the need arises to liquidate the investment before mamriw; (5) divcr~ificatitnx of die m~ estn~cnt portfolio4 imd (6) yield. (e) The governing N~d¥ of an investing enterS' shall review i~s investment poScy and investment s~raregies not/ess than annually. The governing body shall adopt a v, ri~ten instrument by rule, order, ordinance, or resolution sradng tha~ it has reviewed the invcsrmen~ policy and investmenr strategies and tha~ the written instrumem so adopted shall rec,>rd any changes made to either the in,.,e:s~ment policy or invesm~ent strategies. (0 Each investing entity shall designate, by rule, order, ordm,mcc, or rc~)[u~ion, as appropriate, one or more officers or employees of the state agency, local g~wemment, or ~nvestment pool as investment officer m be re~po~tsible for the investment of i~s funds consks~en~ with the invesm',enr policy adopted by the entity If ~he governing body of an investing entity has contracted with another inve~ting entity to invest its funds, tke in,:es~ment officer of the other inve~sdng erttit¥ is considered to be the investment officer ot the first investing cnlity Mr purposes of this chapter Authority granted to a person to invest an entity's funds L, effective until rescinded by the investing entitT, until the expiration of the officer's term or the terminanon of the person's employment by the rove. sting entity, or if an investment management firm, until the expiration of the contract widq the investing entit'~: In the administration t)f the duties t~f an invesnnent ~fficer, the person designated as investment officer shall exercise the judgment and care, tinder prevailing ctrcumstances, that a prudent person would exercise in the rcsf~msibility as fidticiarics of thc as.~cts of thc entity. Unles-q authorized by law, a person [nay not (g) Subsection ((1 docs nor apply rt~ a sra~e agency, local government, or investment pool fi~r which an Text of subset, ih) as amended by Acts 1907, 75th Le~.. ch 685, Sec I ih) An officer or employee ,~f a ctmtmission created tinder Chap;er 39I, Local Government Code, is ineligible to be an investment officer for the comtnisston under Subsection if) if ;he officer or employee is an investment u~cer designated under Subsection (0 for another local government. Text o(subsec ih) as amcndedbyAccs 1997, 75th Leg.. ch. 1421, Sec ] ih) ,An officer or employee of a commission created under Chapter 391, Local Government (3ode, is ineli~ble to bc desigm0.ted as an investment officer under Subsection if} for an,,' investing entity other consanguinity, as determined under Chapter 573, ro an individual seeking to sell an investment to the under this subsection mu=t be liled v, ith the Texas Ethics Commission and the governing body of the ( I ) thc investment orlice~ owns 10 percent or ~n.rc of thc ,oting stock or shares of the business (2) funds received by the mvestrnent officer from the busines~ orgamzation exceed 10 percent ot the investment ,)fficer's ~'o~s income for the previous year; or the inx esrment otficer has acquired (r.m the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer The governing body of an mx esrmg entity may specif~ in its investment policy that any investment authorized by tins chapter is nat suitable. (k) A '~ritten copy of the investment policy shah be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this subsection, a business nrganizarton includes investment [x~ols and an investment management firm under contract with an investing entity to invest or manage the entity's inve. ztment portfolio. Nothing in this subsection relievc~ thc investing entity of the reslmnsibility for monitoring the investments made by the investing entity to detem~ine that they are in compliance with the investment policy. The qualified representative of the lmsiness organization offering to engage in an investment transaction with an investing entity shah execute a written instrument in a form acceptable to the investing entity and the busine~ss orgnnirntion substantially to the effect that the businesa organization has: (l) received and reviewed tbe investment Ddicy ofrhe entity; and (2) acknmvledged that the business organization has impletnented reasonable procedures and contrcds in an efl1~rt to preclude invc-stment transactions conducted between the entity and the organization that are nor authorized by the enriry's investment policy, except to the extent that this authorizatton is dependent on an analysis of the makeup of the entity's entire portf,,lio or requires an interpretation of subjective investment standards. (I) The investment officer of an entity may nor acquire er orherv, ise obtain any aurhorized investment dmcribed in thc investment po]icy ol the invesung entity froln a person who has not delivered t~ the entity the instrument required by Sul0section (k) (m) An investing entity other than a state agency, in conjunction with ils atmua[ financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (o), ar least once every two }'ears a stare agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies Thc c.mplian~c audit shall la: performed by die agency's internal auditor or by a private auditor employed m the manner provided by Section ',21.020 Not later than January [ of each approval of including a review bt the stare audihqr in thc audit plan under S¢crion 321,013, thc state (o) The audit requiren/cnrs cd Suhsecric~n in) d~ n,~t apply to assets ol t state agency that are invested by the comptroller trader Secti/m 404.024, Amended by Acts 1995, 74th Leg., ch 402, Sec [, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, Sec. 1, eft. Sept I, 1997; Acls 1997, 751h keg , cia [421, Sec. 5, cfi. Stpl 1, 1997; Acts 1999, 76th I.cg , cia. [454, Sec. 4, eft. Sept. 1, 1999; Acrs 2003.78th Leg., ch, 785, Sec. 4I, eft Sept. 1, 2003 ia) Investments shall be made with iudgment and care, under prevading circun~stances, that a person of prudence, discretio~q, and intelligence w~uld exercise m the management of the person's own affairs, not ft~r speculation, but k,r ~nvestment, considering the probable salety of capital and the probable income to be derivcd Investment of funds shall be governed by the (ullowing investment objectives, in order of priority: (1) preserx ~rion and satety o(principal; (2) liquidity; and (3) yield. (b) In detem~ming whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration (1) d~e investment of all funds, or funds under the entiry's convrol, over which the offlcer had resp~msibilky rather than a consideration as to the prudence of a single investment; and (2) whether dxe mvt~,tment dectsion was coo. sistet~t with the written investment policy of tt~.e entity Amended hy Acts 1995, 74[h Leg., ch. 402, Sec 1, eft. Sept. I, 1995 225~').007. ln'~esunen~ i~aining; Site(: A~cnc¥ P. oard M~-mbers and O[liccrs ia) Each member of th,: o~ovemin~ [~ard o( a state a~encv and its investmen~ officer shall attend ar least one training session relating to tile person's re.~ponsibilities trader this chapter within six months after (b) The Te×as Higher Education C.ortlin iting Board sl'/all provide the training under this section (c) Training under this sectkm musl include education in investment controls, security risks, strategy risks, marker risks, diversiHcation ot investment p~rtfi)lio, and compliance with th~s chapter. receive training from any independent source approved by the goveriung body of the state agency The investment officer shall prepare a rept~rt on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular ses. sion of the legislature. Amended by Acts 1995, 74th beg., ch 402, Sec l, eft'. Sept 1. 1995; Acts 1997, 75th Leg., ch. 73, Sec. 1, eft'. May % 1997; Acts 1997, 75th Leg , ch t421, Sec 4, eft Sept. l, 1997; Acts 1999, 76th Leg., ch. 1454, Sec.5, eft'. Sept l, 1999. fa) Except i~ provided by Subse,ui~n= (1:) and (e), thc treasurer, thc chief financial officer if the treasurer is not the chief financial officer, and the investmen~ eH'ieee ora local guvemment shall: (1} a~tend a~ least one ~rainmg s~ion hmn an inde~ndenr source approv~ by the governing officer as provided {t~r in the investmem po[icy of the l~al government ~d contmning ae letsr 10 hems o~ lns~rut ~ion relating rt~ the ~reasurer's or officer's responsibilities under ~is su~hap~er within 12 month~ ~er taking office or a~uming dutivs; md (2) except as pr~wided by Subsections (b) and (t:), attend an investment uraming session not less than once in a two-year period and receive not less than l0 hours of instruction ~elaung to investment resp:)nsibilitie~ under this subchapter from an independen~ source approved bv the gm,em~ng body of the local government or a de~ignated investment committee advising the inve_stment officer as provided tor in the investment policy of the local government. (b) An inve. snng endty created under authority ot Section 52(b), Article Iii, or Section 59, Article XVI, Texas Constimrion, that has contract~ with an invesunent management firm under Section 2256 003(b) and baa fewer than five full-time employees or an investing entity that has contracted with another investing entiw to inve~r the ¢ntit¥'s funds nra'/satisfy the training requirement provided by Subsection fa)(2) by having m~ officer of the governing body ar~end four hours of appropriate instruction in a t~o- year period. The rreaaurer or chief financial officer of an investing entiw created under authority of Section 52(b), Article III, or Section 59, Article ×Vi, Tt'xas Constitution, and that has fewer than five full-time employees is not required to attend waining required by' this section un[ess the person is also the inve<ment officer of the entity. (c) Training under this section must include educatton in investment controls, ~curity risks, strategy risks, marker risks, divelsification ~f investment pon'folio, and compliance with this chapter (d) Not later than December 31 each year, each individual, association, business, organi2ation, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the eovernmental entities tor which the person provided required training under this sectkm during that calendar year An individual's reporting requirements under this subsection are satisfied by a report of rl~¢ individual's employer *~r the sp~msoring or organizing entity of a training progxam or seminar. {e) This section dl)es not apply to a districl governed by Chapter 36 or 49, Water Code Amended by Acts 1995, 74th Leg., ch. 402, Sec 1, elf Sept. l, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 5, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 6, eft. Sept. 1, 1999; Acts 200~, 77th Leg., ch. 69, Sec. 4, eft. May 14, 2001. Except as provided by Subseclion (bi the itdlowm~ we auth~wized Investments under this subehapter: (11 obli~ u~ms, inc[udulg letters of credil, *~l d~e UFdted States or ~ts igencies and collatc~aitzcd mortgage obligations d~rt!ttly ~ssued by a tedera] agency ur mstrun~entality thc [Jnited Stales, thc underlying security t*n which is guaranteed by an agency or instrumentality ot the United States; (4) other obligations, the principal and interest of which are unconditionally gt~aranreed or insured by, *~r backed by the fi. Il la;th and credit t~f, this state or the United States or their respective agencies and instrumentalities; (5) obligations af stares, agencies, counnes, cities, and other political subdivisions of may stare rated ~t~ to inYestment quality by a nationally recognized investment racing firm not ]exs than A or its equivalent; and (6) bonds issued, axsumed, or guaranteed by the State of Israel. (b) The Iollo'.ving are not authorized mvestments under this sex'tion: (I) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and ~ys no principal; (2) obligatioi~s whose payment represent** the pnncipal stream of c.a.sh flow fi-om the underlying mortgage-backed security collateral and bears no interest; collatera/ized mortgage obligations tbdt have a stated final maturity date of greater than lO years; and (4) col[atcral'=ed mortgage ob[igatiorts the interest rate of which is detem~ined by an index that adjusts optx~site r*~ the change~ in a market index. Amended by Acts 1995, 74th keg., ch. 402, .eec. 1, eft. Sept 1, 1995; Acts 1999, 76th Leg,, ch. 1454, Sec. 7, eft Sept 1, 1999; Acts 200i, 77~h Leg., ch. 558, Sec, [, eft. Sept. 1, 2001. Se 225b.010. Authorized h~x't,>tments: Certificates i~t I)~:p*~i~ and Share Certificates. A ~ ertificate of deF, C~it or share, certificate is au at~rhorized investment ~mder this suhchapter if the certificate is issued by a state or national bank dnmiciled in this state, a savings bank domiciled in this state, or a state or feder- al t redit union domiciled in rlq[s state and is: (I) gt~aranteed or insured by the Federal Deposit Insurance (k~rlx)ration or its successor or the (?) secured by obligations that are described by Section 2256.009(a), including mortgage backed scour;fie3 directly issued by a tederal agency or instrumentality that have a market value of not less thm~ the principal amount of the certificatv~, but excluding those mortgage hacked scc,,~ritics il( iht~ ilaturc descrit~ed h¥ Sectiun 2256 009(b); or (3) secured in any other manner aad amount provided by law fi)r deposi:g of the investing entiw. Amended by Acts 1995, 74th l.cg., ch. ~2, Sec. 1. eft April 28, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eft. Sept I, I995;Acls 19qT, 75tl [.eg,ch 1421,Sec (~,efi Sept I, 1997 la) A fully collateralized repurchase agzeement is an authorized invesnnent under this subehapter it the (1) h~ I defined termination date; (2) is secured by obligation> described by Section ZZ56.0091a)(l); and (31 requires the securmes being purclrased by the entity to be pledged to the entity, held in the ent~ty's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, ~ defined by the Federal Reserve, or a financial institution doing business in thcs stare. (h) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell hack at a future date obligations described hy Section 2256.009(a)(1), at a market value at the time the funds art. disbursed ol not leks than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (~) (d) Notwithstanding any other law, the tem~ of any reverse security repurchase afffeement may not exceed 90 days after the dare the reverse securiry repurchase agreement is delivered. Money received by an entity under the terms ota reverse security repurchase agreement shall be used to acqmre additional authorized investments, but the term of the authorized investments acquired nmst mature nor later than the expiration dale stated in the reverse security relmrchase agreement Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eft. Sept. 1, 1995. Sec. 2256.01 l ~5. AuthorizcJ ln~stmcms: Securities Lending Program. la) A securities lending program is an authorized investment under this sul~hapter if k meets the conditions p~ovided by this section. lb) To qualify as an aurhorized investntcnr under this subchapter: (l) the value oi secunues loaned under the program must bt, not leks than 100 percent (2) a Iota made under the program must allow tbr termination at any rime; made undur the program must bc secured by: (A) pledged securities described by Section 2256.0091 ([3) pledged irrevocable letters of credit issued h'~' a bank that is: (i) organized and existing under the laws of the United States or any other state; and (ii) cointnuonsly rated by at least one nationally recognized investment ra~ing lirm at nor less than A or ~ts equivalent; or cash inveat~d in accordance with Sectkln: I,/ 2756.009: (ii) 225601',4 (iii) 2256014; {iv) 2250 (4) the rernls o[ ~ loan inade undcl thc prt~gram must require thai the securities being held as collatel,d be: (I3) held in d~c invcsm~g cntiD's name; and (() dep~5~ited at th< dm~ the inves~mcn~ is mad2 ~it~ the endt~ o~ ~,itt~ a third selected by or approved by the inv~ung en~ily4 (5) a loan made under the program must be placed through: (A) a primary government securilies dealer, as defined by 5 (;.EP. Section 6801.lOg(f), az that regulation existed on September 1, 2003; or (F,) a bnancial institution doing business in this state; and (6) an agreement ti) lend securities that is executed under this section must have a term of one year or le~s, Added by Acts 2003.7$th Le~., ch 1.227, Sec. l, eft. Sppt. 1, 2003 $~. 22~6012. Authorized h~eslmcnl.: P*anl, cr's Acco[itl,utes. hankers' acceptance i> an authorized investment under this subchapter if the bankers' acceptance: (1) h~ts a s~ated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for coll. ateral for borrowing from a Federal Reserve Bankl and 1~. accepted b5 a bank org mized and ~×~snn~ under fl~e laws of the Unittd S~ates or 'any state, if ~he short-term obligations of the bank, or of a bank holding company of which the batxk is the largest ~ub=idiatT, are rated rtot le~s than A- 1 ot P- l or an equivalent rating by at least ~me nationally recognized credit rating agency. Amendedb,~ 'scts 1995,74tl~leg,ch. 402, Sec. I,eff. Sept I, 1995. ( [ ) has a sta~t~ maturity (if 270 days or fewer from the date of its issuance; and (2) is rated not leas than A-I or P-I or an equivalent rating by at least: (B) one nationally recognized credit rating agency md is fully secured by an irrevocable letter of' credit issued by a bank organized and existing under the laws Amended by Act. 1995, 74th Leg., ch. 402, Sec. I, eft. Sept I, 1995. ~,c. 22-56.014. 4, ulhori:c3 Inve~im~nl~:]Mulual Fumds (al A n/l-load monc~, lunke[ mutual fllnd is ;lit authorized invesrnlent tamer this sulxhaprer i( the mutual lund: (1) ~* registered with ,nd remdaled by the Securines and E×change Commi~ion; (2) provides the mvesttng entity with a prospectus and other information required by the SecuriHc~s Exch rage Am .f L934 (15 Ll S.C. Section 78a et seq ) or the Investment Company Acc ot1940 t lS [J S C ~ecuonf0a-ietseq); (5) bas a dollar~weighred average seated nlaturit¥ of 90 days tlr fewer; and (4) ir<ludes in ~ts ~nvestment objectives ~he maic~tenance tff a stable net a%set value of $1 for each share (hi In addition tel a :.*-load mom'v nlarket mulua] brad permitted as an amhorized invcsmtent in Subsection (al, a no-load mutual fund is an authorized investment under thts subchaprer if the mutual fund: (1) ~s regtsrcred with the Securities and Exchange Commisstoni (2) has an average weighted maturity of le~s th~m cwo years; (3) is invested exclusively in obligations approved by this subchaprer; (4) is continuously rated as to investment qualitT by ar least one nationally recognized investment rating fima. of not less than AAA or its equivalent; and (5) con(orrns to the requirements set furth in Sections 2256.016(b) and (c) relating to the e[igibdit,/o~ invesm~em .~×)ls to receive and invest ~unds of inviting entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other km&s held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or invest its flmds or filnds under its control, including ~*nd prc, ceeds and reserves and other f~nds held for debt sen,ice, m an'/one mutual fund described in Subsection (al or (b) in an anaom~t tha~ exceeds lO percent ot the total assets of the mutual fund. '\mended by Acrs 1995, 74th Leg , ch 402, Sec. t, cfi. Sept. 1, 1995; Acts 15)97, 75th Leg, ch. 1421, Sec. 7, eft. qept I, 1997: Acts 1990, 7&h I.eg., ch 1454, Sec 8, elf ~qkpr 1, 1999 (al A guaranteed investment contract is an authori:ed investment Gr Nmd proceeds under this subchapter (l) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in :in amount at least equal to the amount of bond FIRST PUBLIC ......... . .... (3) is pled~zed to the emily ,md deIx~sired with the entity or with a third p~trty selected and Fk~nd proceeds, other than Bond proceeds representing reserves and hinds maintained ft~r deh~ service purposes, lnay not be invested under this sul'~bapter m a guaranteed Mvesrmenr contract with a term longer than hve ,,,ears ~rom the date of i~uance o[ the bonds. (c) To he eligible as an autlwlircd investment: (1) the gox crl/tlqg body of the entity mtlst >pccil'ically auth~rize guaranteed investment contr ~c~s as an eligible u~',csLmen[ ill rl~c order, ordinance, t)r resolutioa authorizing the issuance r~f ~mds; (2) the ent,ty must receive bids from at Icasl three separate providers with no material financial interest in the Nards from which proceeds were received: (3) the entity must purchase the highest yielding guaranree-d investment contract tor which a qualitying bid ~s received; (4) the price of the guaranteed mvestlnent contract must take into account the reasonably exlx:ctcd drawdown schedule lot the N)nd per,reeds to bc invested; and (5) the provider must certib,, the administrative costs reasomtbly expected to be paid to third Amended by Acts 1995, 74th Leg., ch 402, Sec 1, eft. Sept 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 8, eft Sept 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec 9, 10, eft. Sept. 1, 199'9. 2256.016 Authorized Invesmmnt~: hwestmcntP.ol> (a) An entity may inves~ its funds and funds under irs control through an eligible investment pool i( the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular Nio[ An investment potd shall invest the funds it receives (rom entities in authorized investrnenr, q l'ermitted by this subchaprer. (h) To be eligible tu receive tun& flora and invest fun& on behalf of an entity under dais chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular *)r other similar disclosure instrument that contains, at a minimum, the tollowing infurmarion: (1) the type., of investments in ~,l~ich money is allowed to be invested; (2) the rna×imum average dtfll~r-~eighted maturity a[k,wed, based on the stated maturity dare, of thc the objecriw's tYrhe potq: the size tffthe (6) the names of the members of the advisory board of the Ix*)l and the dares their terms expire; (7) the custodian bank that will salCeke~p the N×ll's assets~ (8) whether the inlent (if the pool ts tll m:untam a nel asset value of one dollar and the risk of (9) whether the only .-<~urce ~t payment ~s the assets oi the pool at market value or whether (10) the name and address ot the independent auditor of thc (11 ) the requirements to be satisfied [c~r ala entity to deposit lunds in and withdraw funds f}ont the pool and any deadlines or other op=rating policie_s required for the entity to invest funds in and withdraw tunds from the pool; and (12) the per~brmance hisrt~ry of the po,21, including yield, average dollar-weighted maturities, and expense ratios (c) To maintain eligibility to recmve flmds trom and invest fimds on behalf of an entity under this chapter, an ~nvestment pool must fi~mislt to the investmem officer or other authorized representative of the entity: (l) investment transaction c(,nfirtnarions: and (2) a monthly rep<)rt that contaim, at a minimum, the [ollowing information: fA) the types and percentage breakdown of securities in which the pool is investedl (B) the current average dollar-weighted maturity, based on the stated maturit~ date, of the pool; (C) the current percentage ~f the pool's portfiqio in investments that have stated maturities of more than one ye.ar; (D) thc book value versus the marke~ value nf thc pt3ol's l~rtto[io, using amortized (E) the size of the pool; (F) the number o~ participants m the poo[i (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entir't participating in the pt~ol; (I) the yield and expense ratio of the pool; (J) the portfolio managers of t he l~.~l; and (K) any changes or addenda ro the offering circular. (d} An entity b'; c nrracr may !eleg:~tc t~ an im e,rmenr pool the auth~riry to bold legal title as cu~radia~n of inve.~tments purchased with its local funds (e) In this section, 'Meld" shall be calculated in acct~rdance with regulations governing the registration of /~pen end management investment cmnpanies under the Investment Company Act of 1940, as promulgated from time to time by the ledera[ Securiti(:~ and Exchange Commission. (0 To he eligible to ~ t*eive funds ~rom and invest lunds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual t~nd must mark its portfolio to market dady, and, to thc extent reasonably pt~saiblc, stubilize at a ,SI net asset value. If the ratio of the market value of the portfolio divided by the book value of the portlblio is le~ than 0.995 or greater than 1.005, t-~.~rrfolit~ holdings shall be sold as necc~ary to maintain the ratio bepa, een 0.995 and 1.005 FPRST PUBLIC m-&, ~,,~< 76zt, th,ad,lupc · .'~ustm. Ic:,~ is752 · 5t5~.558.8~.75 · ~,w,vtirslpublic.com 13 (g) To N: eligible to receive hands irom and invest funds o11 behalf of an entity under this chapter, a public (unds investment ix.:~/ tum. t have 4n ~dvi~' ho4vd cqmD~sed: (1} equal}y o(participants m thc Nx)l and other persons who do not have a business relation ship with th~ p,qol and are qualified to advise thc pool, tut a public ~mds investmen~ ~l (2) of participants in the pool and o£ber perstnts who d() nol have a husiness relationship with thc p~x~l ~t~d a~e qualiiicd t~l ~d¥i~ dt~ 1~4, ~or ot[~er it~estlnenc lVO~ds. (h) Tu ntamtam eligihihty u~ receive fan& [rom ~md tnvt:st funds on behalf of an entity under this chapter, rating by at le~t one nanona[ly rec(ignized rating service. Ame~xded by Acts 1995, 74th Leg, ch. 402, Sec 1, eft. Sep~ 1, 1995; Acts [997, 75tb. Leg., ch. [421, Sec. 9, eft. Sept I, 1997 S, c. 2256_0[ 7. Existing lux csnm'uts. An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch 76, Sec 5 46(a), e~. Sept. 1, 1995; Acts 1995, 74th Leg, ch. 402, Sec. l, eft. Sept [, 1995. Amended by Acts [997, 75th Leg, ch. 1421, Sec. 10, e~.Sept. [,1997. S,~- 2256.019. Ralin,~ ofgcrlai~l lnvcgtmtn~ Po. Is. A public fiands in..,estment pool must be continuously ~ated no lo',~er than AAA or AAA-m or 'at an equiv'a[ent ranng by at [east one nationally recognized rating service ot no lower than investment grade by at least one nationnll¥ recognized rating service with a weighted average maturity no ~eater than 90 days. Added by Acts 1995, 74th Leg, ch. 402, Sec. l, eric Sept. 1, 1995. Amended bv Acts 1997, 75th Leg., ch. 1421, Set. 11, eg Sept. 1, 1997. S~,. 225{3.020 Aulhl:ri:cd Investments: Institutions ofllighcr Educalilm. In ~ddition to the 'authorized interments ~mi~ed 57 ~N su~hapter, an imtitution of highe~ education may purchase, sell, and inv~t its fun& and funds under its connol in the following: (I) cash managelnent and fixed income funds s~mored by nrg~izat~o~ exempt Oom federal *no.me taxation unde~ Section 501 (f), [ntemM Revenue (~e of 19~ (26 U.S.C. Section 501(f)); rtegotiai4e ceztiiicme> oi deposn issued by a b'ank that ha:. n certificate of deposit rating ol'at least 1 or the equivalent by a nationally recogmized credit rating agency or that is associated with ~ ho]ding company having a co~nmercial paper rating of at least A-I. P-l, or cee (3) corporate binds, debentures, (Ir similar debt obligatior~> rated by a nationally recognized investment rating finn in one of the t';~'o highest ~ong-tenn ra~ing categories, withou~ regard to gradations within those categories. Added by Acts 1995, 74;h Leg, ch. 402, Sec. 1, cfi. Sept. l, 1995. %-c 225~i.02OI. Authori;cd ln'~e.[,m'n~; Municipal (a) .A. municipality thtt owns a municipal electric utility that is enEaged in the distribution and sale electric ener~ (~r natural gas to thc public may enter imo a hedging contract and related securit~ and insurance a~ceements in relation to fuel oil, natural gas. and electric ep, er~ t~ protect against los.~ due to price fluctuations A hedging transaction must comply with the rcgulatiom of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between thc muni:ipal charter ol the municipalil¥ and this chapter, this chapter prevails (b) A payment by a municipally owned electric or gas utility under ~ hedging contract .r related agrecnmm in relation to tuel supplies or Mci reserves is a tuel expense, and th¢ urdity nla¥ credit mW amounts it The governing }x~d¥ ol a mtmlclpally owned elecmc or gx~ utility c~r the body vested with power ro manage and operate the municipally owned electric or gas utility may set policy regarding hedging (d) In dais sc-ction, "hedging" means thc buying and selling of fuel oil, natural gas. and electric energy futures or options or stun|ar contracls oil Ehose commodity futures ~ a protectton against toss due to price fluctuation A. ddcd by Acts 1999, 761h Leg., ch 405, Sec 48, crt. Sept I, 1999. Sec. 2256.021. Effecrolloss of Required Rating. An invesmaenr that requires a minimum rating under this subchapter does trot qualify as an authorized investment danny the period the invesunent does not have the minimum rating. An entity shall take all prudent measures that are consks~enr with its inve..sm~ent p.~licy to liquidate an investment that doe~ not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eft. Sept. 1, 1995. >e~. 2256.02~. E×pansinu t,f lmestmcnt Auth.rits Expansion of investment authority granted by this chapter shall require a risk axse~ment bg the state auditor or performed ar the direction of the state atldiror, subject to tire legislative audit comnlirtee's approval of including the review in the audit plan under Section 321 013. .Added By Acrs 1995, 74th Leg., ch. 402, Sec. 1, ell Sept 1. 1995 Amended by Acrs 2003, 781h Leg., ch. 785, Sec. 42, eft. Sept. 1, 2003. (a) Not less than quarterly, thc investment officer shall prepare and submit to the governing body of the (b) The rep~grt must: ([) describe in detail the investment posiOon of the entity on the date of the report; (2) be prepared jtfindy by all mvesnnenl officers t~f the enrity; (3) be sikn~ed by each investment officer of the entity; heginnm[z market value for the rel~)rting peered; additions and changes ro thc market value during the period; ending market value k)r the period; and accrued interest Gr dxe rept~rting pe, iod; (5) state thc book value and ma~kc[ value of each ~cparatcly invested asset at the beginmng and cud of thc reDirtmg perit~l by thc type ti[ as~er and tund typ~z invested; (6) state thc maturit5 date c*f eac[~ separatelb invested asset that has a trtaturit¥ el.ate; stare the account or fuild or p~)led group fund in the stare agency or k~:al government for which each individual inYestment wxs acquired; and (8) state the compliance of the investment port[oho of the stare agency or local government as ir re[arcs to: (A) the invesrmem strategy expressed in r1~¢ agency's or local government's investment policy; and (B) relevant provisir)ns of this chapter. (c) The report shall be presented not less than quarterly to the governing [xMy and the chief executive officer of the entity a'ithin a reasonable rime after the end of the period. (d) If an entity invests in other than money market mutual funds, int, estment I:x~ls or accounts offered by its depositor-/bank in the form of certificates of dep~sit, or ~noney market accounts or similar accounts, the reports prepared by rbe investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the resuh of the review shall be relY~rred to the governing body hy that auditor. Added by Acts 1995, 74th Leg, ch. 402, Sec 1, eib Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 12, eft. Sept 1, 1997. Sic. 225t~.024. Subchaptcr Cumullditc (a) The authority granted hy this suhchapter ts in addition t/i that ~anted by other law Except ~ pri/vided by Subsection (b), this subchaptel does nt~t: (1) prohibit an investment specifically authorized by other law; or (2) aud'~ori:e ap. i~vesntxer~t specificall'/pr~laibited h¥ ~the~ ~,b) Except with respect tt) those m~ esring entities described in Subsecri~m (c), a secunty descri[-ed in Section 2256.OO9(E) is nr~r an mrhorized investment for a state agency, ~q local government, or ~nother investing entity, notwithstanding any other provision of this chapter or other law to the contrary Mortgage pass-througqa certificates and individual nmrtgage lo,Tns that may comtimte an invesmaent described in Section 2256.009 (b) ,arc authorized investments with respect to the hcJusing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit tOrT, oration crcar~d lo act orr tts bchaLi; (2) an entity' created under Chapter 392, hocal Government Code; or (3) all enntv created under Chapter t94, Local Government Code. .Added hy Acts 1995, 74th Leg , ch. 402, ,Sec. I, eft. Sept 1, 1995. FIRST PL~LIC .,,,.,: ,~,, =,v,-. 7c,20 Gn.:ldtl.~ · %:;rh~, %x:: 7S752 · 30'3 558 ~875 · wwwfirsnmbliccma~ 16 ~ec, 22:,t~.023. Selcclion ol Aud~r~zcd Br.l. cr.. shall, at least annually, review, revise, and adt~pt a list ol qualilled brokers that are authorised tc2 engage in invest- Added by Acts 1997,75thLcg.,ch 1421,Sec 13, eft. Sept 1,1997. Added by Acts 1997, 75rh Leg., ch 1421, Sec 13, eflf. Sepl 1.1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256.051. Electronic Funds 'lransiL'r. Any local government may u~ electromc means to transfer or invest all fund.s collected or controlled by the local Amended by Acts 1905, 74th Leg, ch. 402, Sec 1, eft. Sept. l, 1995. Sec. 12q6.052. Private Auditor. Notwithstanding any other law, a state agency shall employ a private auditor tf authorized by the legislative audit committee either on tlqe committee's initiative or on request of the governing body of the agency Amended by Acts 1995, 74th Leg , ch. 402, Sec. 1, eft. Sept. 1, 1995. Se, 2256.0'5i, Paymenl k~r Sc, urilics Purchascdby State. The compuroller or the disbursing officer of an agency that h~ the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from die seller of the securi- tie~ showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid A purchase of securities may not be made at a price that exceeds the exist- ing market value of the securities Amended bv Acts 1995, 74th Le.~, cb. 402, Sec 1, eff Sept t, 1995; Acts 1097, 75th Leg., ch. 1423, Sec. 8 67, eft. Sept 1, 1997 ~,e~ 22q6,0S4. Dlixcr~ .d,% tlrlti,,Ptircl~,lscdbv A security purchased under this chapter may he delivered to the comptroller, a bank, or the board or agency mw'sting its funds. The delive~ shall be made under normal and recognised praclices in the securities and bank~ mg industrit-s, including the book entry procedure of the Federal Reserve Bank. Amended by Acts1995, 74th Leg., ch 402, Sec I,etf Sept [, 1995;Acts 1997,75tbheg.,ch 1423, Sec. 868, eft, Sept. 1, 1997. a~' del×)siled /\mended bv Acts 1995, 74[h Leg., ch 402, Sec 1, etf Sept 1, 1995: Acts 19~17, 75th Leg., ch. 1423, Sec, 8.69, elt Sept. 1, 1997 FIRSTPL~BLIC ~ ~D,S:F 7(,22!;:t,:lalulx.- ~u::ti~,T~×tTS751-SO35588875 ',,nvwfirsqmbli ....... 18 Page 1 of 8 ARTICLE V. CODE OF ETHICS* DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to cleady define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. Sec_ 2-311. Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003, (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. Gifts: (5) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the ::\DOCUME-I\temp\LOCALS-I\Temp\Code of Ethics July 2005.doc Page 2 of 8 discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: (7) In the event you or one of your relatives have an interest or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties, you shall make a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. (8) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (9) You shall not represent any other pdvate person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (10) You shall not represent any other pdvate person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (11 ) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (12) You shall not disclose information that could adversely affect the property or affairs of the city. (13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (14) You shall not engage in any felony cdme, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (15) As a council member, you shall not have a substantial interest in any contract with the city. ;:\DOCUME-l\temp\LOCALS-l\Temp\Code of El~ics JuLy 2005.doc Page 3 of 8 (16) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) is related to you within a degree described by Section 573.002, Texas Government Code; (2) is your employer; (3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer, or (4) owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for beard members: (19) As a beard member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (20) As a beard member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any beard which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (21) As an employee you shall not have an interest in any contract with the city. (22) Unless previously recommended by the city manager, and approved by the Ethics Commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. ;:\DOCUME-l\temp\LOCALS-l\Ternp\Code of Ethics July 2005.doc Page 4 of 8 (23) As an employee, you shall not represent or appear on behalf of the pdvate interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the w~rk of the business or individual. Sec. 2-312. Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or matedal benef'~t in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which ~uld not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200_00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest which has a value of five thousand dollars ($5,000.00) or more or represents ten (10) per cent or more of a person's gross income dudng the most recent calendar year. Sec. 2-313. Effect of violation. ;:~DOCUME-l\temp\LOCALS-l\TemptCode of Ethics July 2005.doc Page 5 of 8 A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. Sec. 2-314. Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of wdtten disclosure of the interest: (a) In the event a majority of the members of the council orthe board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. Sec. 2-315. Freedom of expression. Nothing contained in the code of ethics shall abddge the dght of any citizen, whether or not a council member, board member or employee, to exercise his or her dght of expression under the U.S. or Texas Constitutions. Sec. 2-316. Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C)a radio station; (D)a television station; (E)a wire service; or ;:~DOCUME-l\ternp~LOCALS-l\Ternp~Code of Ethics July 2005.doc Page 6 of 8 (Fi any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effod or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. (3) Govemmental entities. Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective govemmental bodies and the city. (4) Unknown municipal questions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. (5) Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attomey, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (bi Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the ;:\DOCUME-l\temp~LOCALS~l\Temp\Code of Elhics July 2005.doc Page 7 of 8 payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless thai gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or wdtten communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other matedal that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; (5) made at a meeting open to the public under the Open Meetings Act; (6) made in the form of a wdtten comment filed in the course of a public procccding or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in wdting to provide information in response to an oral or wdtten request by a city official for specific information; (9) the content of which is compelled by law; (1L)) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (11) made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children, ;:\DOCUME-l\ternp\LOCALS-l\Temp\Code of Ethics July 2005.doc Page 8 of 8 (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, repods, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to-day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the ex'tent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B)the client; (C)any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D)each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. ;:\DOCUME-I\temp~LOCALS~I\Temp\Code of Ethics July 2005.doc 10 CITY COUNCIL AGENDA MEMORANDUM City. Council Action Date: July 12, 2005 AGENDA ITEM: Resolution amending thc VALIC Retirement Services Company dba Amer/can General Rctnement Services deferred compensation plm~ adopted by Resolution 024321 to include provisions for loans to participants; ISSU E: Addition of Loan Provisions to the city's 457 Deferred Compensation Program, Valic Retirement Services dba American General Retirement Services (for police officers only.) Ihesc provisions would allow participants to take loans from their deferrext compensation plan accounts for general purpose loans and loans for the purchase o1' a primary residence. The loan repayments, as well as interest, are retume~l to the participants accounts. REQLrIRED COUNCIL ACTION: Adopt loan provisions for the plans. PREVIOUS COUNCIL ACTION: Loan provisions adopted by Council on April, 12, 2005 for deferred compensation plan administered by ICMA Retirement Corporation and U.S. Conference of Mayors Deferred Compensation Plan administered by Nationwide Retirement Services. CONCLUSION AND RECOMMENDATION: It is recommended that the loan provisions for the 457 Deferred Compensation Plans, Valic Retirement Services - American General Retirement Services, be adopted to provide participants access to their account assets without negative tax consequences through plan loans. ~N'~'~-~/ ~/~- Director of Human Resources Department Attachments: BACKGROUND INFORMATION In 1976, the City established, through Ordinance 13405, an internally-administered deferred c,mpensation program as a voluntary, supplemental retirmncnt plan for its employees. The plan was amended in 1982 by Ordinance 16839 to specify the maximum amounts which may be deferred under the plan, changing the times at which employees may join the plan, and allowing employees to change the method of distribution. In 1984, Ordinance 18127 an~ended the plan by appointing the 1CMA Retirement Corporation as Admimstrator, adopted the ICMA Deterred Compensation Plan to comply with Internal Revenue Code Section 457, authorized the City manager to sign such documents necessary for said changes, and appointed the Director of Finance as Plan Coordinator. In 1987, resolution 20008 was adopted to establish a second deferred compensation program as an enhanced benefit choice for employees, the United States Conference of Mayors Deferred Compensation Plan, through Nationwide Retirement Services. In 2000, a deferred compensation plan tbr Police only was established with VALIC Retirement Services d.b.a. American General Retirement Services. On April 12, 2095 the council adopted loan provisions for deferred compensation plans administered by ICMA Retkement Corporation and US. Conference of Mayors Deferred Compensation Plan - Nationwide Retirement Services. Basic loan provisions are as follows: · No cost to the crv. · Plan participants may make a loan. · Only one loan, at a time, may be held by a participant. · Loan repayments will be made via ACH from the participant's personal bank account directly to the plan administrator for deposit in the participants deferred compensation program account. 2his includes the interest payment on the loan. · Loan temps may be l~r as follows: o General purpose - up to five years o Purchase of primary residence - up to fifteen years · Loan application tee is $50 per loan. · Minimum loan amount is $1,000. · Maximum loan amount is the lesser of(l) 50% of the participants vested balance less outstanding loan balance, or (2) 550,000 less the highest outstanding loan balance during the preceding one- year period. · The rate assumed will be Prime Rate + 1.0. · Armual loan maintenance tee of $50 will be deducted from thc participants account until the loan is rcpaid. COMPARISON OF LOAN PROVISIONS 457 DEFERRED COMPENSATION PLANS American General Company - Vallc 2OOO Plan Implementation Eligibility Loan Agreement [~cumented City of Corpus Christi CCPOA Valic 457(b) Participanls Yes # of Loans Outstanding at any time Application Fee $50.00 Loan Types General Loan Loan Repaymen~ Bank Draft Loan Payoff Bank Dra[t, Partial or Full Repayment Loan Term Up to 5 years. 15years Pdmary Residence Loan Frequency Monthly Bank Draft Default --~,lon-payment by Calendar Quarter [ollowing default Loan Security To the plan 50%o[ assets or 100% of unpaid Loan whichever is less. LOan Amount - Minimum $1000 O0 L~an Amount - Maximum 50% o[ ~ested Assets or $50,000 whichever is less L~an Default Fee 0 Loan Renegotiation None Military Service Deferral until Duty is finished Interest Rate Pdme + 1% Annual Maintenance Fee $50 On-Line Application Process None E_mergency Withdrawal Already in Plan Document RESOLUTION AMENDING THE VALIC RETIREMENT SERVICES COMPANY DBA AMERICAN GENERAL RETIREMENT SERVICES DEFERRED COMPENSATION PLAN ADOPTED BY RESOLUTION 024321 TO INCLUDE PROVISIONS FOR LOANS TO PARTICIPANTS; Whereas, in 2000, the City of Corpus Christi authorized the adoption of the Valic Retirement Services Company dba American General Retirement Services Deferred Compensation Plan for sworn police officers pursuant to Section 457 of the Internal Revenue Code, as amended Whereas, recently issued federal regulations under Internal Revenue Code Section 457 provide that eligible governmental 457 plans may permit loans to participants; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Valic Retirement Services Company dba American General Retirement Services Deferred Compensation Plan for sworn police officers authorized in Resolution 024321 and established in accordance with Section 457 of the Internal Revenue Code is amended to allow loans to participants in accordance with the 457 Plan Loan Guidelines. The guidelines are attached as Exhibit A. SECTION 2. The City Manager or his designee ("Plan Administrator") is authorized to execute documents to amend the Plan Document to allow loans to participants. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: July 5, 2005 Lisa Aguil Assistant City Attorney For City Attorney Henry Garrett Mayor VA LICDefdCompPlanamdApri1122005 DOC EXHIBIT A LOAN POLICY The Plan Administrator of The City of Corpus Christi Deferred Compensation Plan, adopts the following loan policy pursuant to the terms of the Plan As a participant or beneficiary under the Plan, you may receive a loan only as permitted by this loan policy 1 LOAN APPLICATION/FEES. Any Plan participant may apply for a loan from the Plan. For purposes of this loan policy, the term "participant" means any participant with respect to the Plan. A participant must apply for each loan by signing a promissory note and reviewing the Loan Disclosure Statement. The Plan Administrator shall make decisions related to all loans and administer the loan. There will be a $50.00 loan initiation fee and a ~;50,00 annual loan maintenance fee charged to the participant's account. 2. LIMITATION ON LOAN AM'OUNT/PURPOSE OF LOAN. The Plan Administrator will not approve any loan to a participant in an amount that exceeds 50% of his or her nonforfeitable accrued benefit (account balance), as reflected by the books and records of the Plan, reduced by the current outstanding balance of all loans from the Employer's Qualified Plans as of the date of this loan. The 50% limit does not apply when the loan amount requested is $10.000 or less. The maximum dollar amount of a new loan to any participant may not exceed $50,000, reduced by the highest outstanding loan balance of all loans from the Employer's Qualified Plans during the 12-month period immediately proceeding the date of this loan. A participant may not request a loan for less than $1,000.00, and may have no more than one loan outstanding at any time, A participant loan may be made for any purpose. 3. EVIDENCE AND TERMS OF LOAN. The Plan Administrator will document every loan in the form of a promissory note signed by the padicipant for the face amount of the loan, together with a commercially reasonable rate of interest The Plan Administrator must reevaluate interest rates for loans on a quarterly basis. A loan will provide a fixed rate of interest of 1.00(%) above the prime interest rate as published from time to time in the Wall Street Journal. The interest rate shall be subject to change on a quarterly basis The loan must provide at least quarterly payments under a level amortization schedule. The Plan Administrator will require the participant receiving a loan from the Plan to enter into an ACH debit agreement to repay the loan The Plan Administrator may suspend payments for a period not exceeding one year, which occurs during an approved leave of absence without pay, or at a pay rate lower than the loan payments. The Plan Administrator will f~x the term for repayments of any loan; however, in no instance may the term of repayment be less than 12 months or greater than five years, unless the loan qualifies as a home loan. The PIan Administrator may fix the term for repayment of a home loan for a period not to exceed fifteen VALICDefdCompPlanamdApnl122005 DOC ('15j years. A "home loan" is a loan used to acquire a dwelling unit which, within a reasonable time, the padicipant will use as a principal residence. Participants should note the law treats the amount of any loan (other than a "home loan") not repaid five years after the date of the loan as a taxable distribution on the last day of the five-year period or, if sooner, at the time the loan is in default, if a participant extends a non-home loan having a five year or less repayment term beyond five years, the balance of the loan at the time of the extension is a taxable distribution to the participant 4. SECURITY FOR LOAN. A participant must secure each loan with an irrevocable pledge and assignment of a portion of the nonforfeitable amount of the borrowing participant's accrued benefit under the Plan 5. FORM OF PLEDGE. The pledge and assignment of a participant's account balance will be in the form prescribed by the Plan Administrator. 6 DEFAULT/RISK OF LOSS. The Plan Administrator will treat this loan in default: (a) if any scheduled payment remains unpaid on the last day of the calendar quarter following the calendar quarter in which the payment is due; (b) if there is the making or furnishing of any representation or statement to the Plan by or on behalf of the participant which proves to have been false in any matedal respect when made or fumished; (c) upon the dissolution, insolvency, business failure, appointment of receiver of any pad of the property of, assignment for the benefit of creditors by, or the commencement of any proceeding under any bankruptcy or insolvency laws of, by or against the participant. A default shall be treated as a deemed distribution, which is a taxable event under the terms of the Plan. The Plan Administrator will not offset the participant's account unless the participant has separated from service or unless the participant has attained age 70 1/2. Pending final disposition of the note, the participant remains obligated for any unpaid principal and accrued interest. The Plan Administrator intends this loan program not to place other participants at risk with respect to their interests in the Plan fn this regard, the Plan Administrator will administer any participant loan as a participant-directed investment of that portion of the participant's vested account balance equal to the outstanding principal balance of the loan. The Plan will credit that portion of the participant's account balances with the interest earned on the note and with principal payments received by the participant, The Plan also will charge that portion of the participant's account balances with expenses directly related to the maintenance and collection of the note (i.e., the annual loan maintenance fee), Dated this day of ,2005. Plan Administrator VALICDefdCompPlanamdApri1122005.DOC Corpus Christi, Texas Day of ,2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E. Marez Jesse Noyola Mark Scott 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 19, 2005 AGENDA ITEM: Authorizing the City Manager, or designee, to execute a five-year professional services contract and lease agreement with Total Tennis, inc., Steven B. Denton, Director (Pro), for tennis operations at the HEB Tennis Center in consideration of Pro paying the city 5% of Pro and lesson revenue, and collecting and forwarding City revenue to City in return for Pro's exclusive use of tennis center, and City paying Pro $4,138 per month for Pro operating tennis center; and declaring an emergency. ISSUE: A contract must be authorized for continuation of tennis pro services at the HEB Tennis Center. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease with Total Tennis and Steven B. Denton on April 13, 1999. FUNDING: Professional services are currently budgeted. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the new contract with Total Tennis and Steven B. Denton to provide professional services and management of the HEB Tennis Center. Sally ~vlik, D'rec or Park and Recreation Department Attachments: Background Information H'\PR DIR\SHARED~AGENDA ITEMS\Coundl MeeUn~ls~005~)7-19-05\Steven B. Denton Total Tennis Inc,DOC BACKGROUNDINFORMATION Steve Denton played on the pro circuit for 11 years and achieved the #1 ranking in the world in Doubles and #11 in Singles. At one time Mr. Denton held the record for World's Fastest Tennis Serve by the Guinness Book of World Records. He began at the HEB Tennis Center in 1990 under Bob Mapes, Pro. In 1994, Mr. Denton was awarded the Pro contract and has been there since then. H:\PR-DIR\SHARED~AGENDA ITEMS\Council Meetings~005\07-12-05\Steven B. Denton Total Tennis Inc OOC H ~PR-DIR~SHARED~AGENDA ITEMS~3ouncil Meetings~005~D7-19~5~Sleven B. Denton Tolal Tennis Inc. DOC Page I of 8 Tennis Pro Contract & Lease of HEB Tennis Center Total Tennis, Inc., Steven B. Denton, President THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This Contract ("Contract") is between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), and Total Tennis, Inc., of Nueces County, Texas, Steven B. Denton, President ("Pro"). This Contract is a Tennis Pm Service Contract and a Lease of the H. E.B. Municipal Tennis Center ("Facility'). In consideration of the covenants herein, City and Pro agree as follows: 1. Term. City Contracts with Pro as Tennis Professional at the H.E.B. Municipal Tennis Center ("Facility") subject to all of the terms of this Contract. Further, City leases Facility to Pro, subject to the terms of this Contract. Facility Is shown In the attached Exhibit 1. This Contract (the Tennis Pro Service Contract and Lease) is for five (5) years, unless sooner terminated and extending from month to month upon the same terms and conditions as set out herein until a new Contract and lease are agreed upon. This Contract is effective on final approval by the City Council. 2. Monthly Pro Fee. City shall pay Pro Four Thousand One Hundred and thirty-eight Dollars ($4,138) per month, payable monthly on the first business day of each calendar month during this Contract, as the monthly tennis Pro fee for Pro's services provided hereunder. For any fee due after fiscal year 2004-2005, the monthly Pro fee is subject to appropriation by City Council In the applicable fiscal year budget. If a monthly Pro fee of at least $4,138 is not appropriated, Pro may terminate this Contract. Parks Director shall review Pro's performance (including City Revenue) after the end of each year of this Contract. It is expressly understood that Pro is an independent Contractor and not a City employee and is not entitled to the benefits normally accorded to City employees. 3. Pro Responsibilities. A. Compliance with Laws. Pro must operate H.E.B. Municipal Tennis Center (the "Facility") in conformity with the laws of the State of Texas and the ordinances, rules and regulations of City. B. Pro's Qualifications. Pro must be experienced in the management, supervision, and operation of a tennis Facility. Pro must have and maintain a Class 1 Rating from the United States Professional Tennis Association. Pro's primary duty Is to manage and control the administration and operation of the Facility. C:~(Doy~e,03.05~AR~&REC,2T~-IEBTen. Cn~)5.0525 DC,$ Denton. K&Lease,d(~ Page 2 of 8 C. Pro Supervision of Facility. Pro is directly responsible for supervising the Facility, including without limitation, all activities in the Iocker/restroom_ D. Facility Rules. Pro shall adequately publish and enforce all rules and regulations governing the playing of tennis and all other activities, as may be conducted at Facility. E. Cash Handling. Pro must provide fidelity bonds for himself and any of Pro's emph3yees who handle cash or credit cards. These bonds must be provided to the Director of Parks and Recreation or designee ('Parks Director") and must be a good and sufficient fidelity bond in the sum of Five Thousand ($5,000) Dollam, written by a corporate surety duly licensed under Texas laws to write fidelity bonds. These bonds must be kept in effect for the entire term of this Contract and any holdover pedod. These bonds must assure payment to the City of all City Revenue collected by Pro and Pro's employees on behalf of the City and the prompt payment of five (5%) percent of Pro Revenue, including Lesson Revenue, to which the City is entitled. F. Background Investigation. Pro agrees that City may conduct a background investigation of Pro and all of Pro's employee's and independent Contractor's at City's expense_ A release authorizing the background investigation must be executed by the Pro and Pro's employees and independent Contractom. City shall terminate this Contract if the City finds a felony conviction, convictions for crime of moral turpitude, or conviction for any drug offenses. Pro shall terminate any of Pro's employees and independent Contractors for the same causes. G. Pro's Employees. Pro, at Pro's expense, shall employ sufficient employees to assist Pro In conducting lessons, operating the Pro Shop, and scheduling courts. All employees shall be employees of Pro, not City. Employees shall not have any Contractual relationship with, and are not entitled to any benefits from, City. Pro shall pay the salades of all of Pro's employees. All Contract services must be provided by or under the supervision of Steven B. Denton. All of Pro's employees must be fully qualified to perform all Contract services performed by each of them. None of the Contract services may be subContracted without the pdor written approval of the Parks Director. Pro is responsible for and must control the activities of Pro and Pro's employees at the Facility and must take whatever action is necessary to insure that Pro and Pro's employees conduct themselves in an orderly manner and in keeping with the conduct required of employees In service organizations in general, Pro shall insure that Pro and Pro's employees do not consume intoxicating substances at the Facility, or report to work under the influence of same. Pro shall insure that Pro's conduct and language, and that of Pro's employees, is above reproach, taking Into consideration the Facility is viewed as a City Facility, and that it caters to families and youth with many children participating. C:~( Doy~e.O3.05~PA RK&REC.27~-IEBTen. Cr~d~05.0525DC.S De nt~n K&l. eas e.doc Page 3 of 8 H. Taxes. Pro, at his expense, will pay all payroll taxes, F.I.C.A, taxes, and all other related taxes prior to the past due date, I. Programs. ~1_ Pro must maintain and promote a continuing program to attract citizens and tourists, to use of the Facility, particularly weekday play, and must maintain rental tennis rackets for use by the public. 2. Pro shall promote the game of tennis through youth programs. 3. Pro must biannually, in January and August, submit to the Parks Director a program of activities for the forthcoming reporting period identifying, at a minimum, leagues, lessons, youth and adult programs, toumaments by dates and estimated number of participants and hours of operation. J. Court Fees. Pro wilt adequately publicize all approved tennis fees. K. Required Slgnage. Pro will provide suitable signs at the Facility Pro Shop advising the public that the business activity is operated by Pro as an independent Contractor and not operated by City. L. Nondiscrimination. Pro is responsible for the fair and just treatment of all Pro's employees. Pro must insure that no employee or participant is discriminated against because of disability, sex, race, color, creed, or national origin. M. Dangerous Conditions. Pro must notify the Parks Director of all dangerous conditions or special defects at the Facility. Until City repairs or otherwise remedies the dangerous conditions or special defects Pro must not use, or allow to be used, any area of the Facility which has dangerous conditions or special defects. N. Alterations. Pro will make no alterations to the Facility without the Parks Director's pdor written approval of Pro's proposed plans for alteration. 0. Public Courts. Since the H.E.B. Municipal Tennis Center is owned by the City for the benefit of City residents, Pro must make a m~nimum of four (4) tennis courts available to the public whenever the Pro or Pro's authorized individuals are giving, or available to give tennis lessons, with the exception of tournaments. P. Facility Maintenance. City is responsible for all Facility maintenance and major and minor repairs at the Facility to the extent shown In Exhibit 2; and in consideration thereof, it Is agreed that Pro must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. 4. Consideration for Lease of Facility. As consideration for lease of the Facility, Pro must co{lect and deposit all City Revenue daily In City's account; and Pro must collect Pro Revenue and Lesson Revenue daily and deposit daily in City's account 5% of Pro Revenue and 5% of Lesson Revenue, as set out in Section 5 below. C:~ Doyle.03 05\PAR~&REC.2 ?~lEBTen. Cnt~'~5.0525 DC,S D~nton. K~_e ~se.doc Page 4 of 8 5. Revenue. A. City Revenue. "City Revenue" means all court fees, permit fees, locker fees, and other City charges at the then current rate set by the Parks Director In accordance with Sec. 36-3. Rental Rates of the City Code of Ordinances. City Revenue does not include any Pro Revenue. B. Pro Revenue. "Pro Revenue" means all gross revenue received from the Pro Shop or for use of the Facility, including but not limited to, merchandise sales, racket rentals, tennis lessons (I.e., Lesson Revenue), racket stringing, racket repairs, food and drink sales, excluding all applicable separately stated taxes and bulk memhandise sales to schools at wholesale pdces if Pro provides the Parks Director with a copy of the sales receipt. To be excluded from Pro Revenue, any other wholesale or bulk sale to anyone but a school, must be approved in wdting by the Parks Director prior to the sale. C. Lesson Revenue. Pro has the exclusive dght at H.E.B. Municipal Tennis Center to give, or authorize, tennis lessons. "Lesson Revenue" means all revenue produced from giving or authorizing tennis lessons, camps or other forms of teaching sessions. If any person receiving tennis lessons does not have a tennis permit, Pro must charge a court fee for each lesson given, which court fee will be deposited as City Revenue. D. Payment of Revenue. 1. City Revenue. Pro must deposit, dally, all City Revenue, together with dally cash register tapes and the daily report at the City's designated depository. 2. Pro and Lesson Revenue. As stated in Section 4, Pro must deposit in City's account City's 5% of Pro and Lesson Revenue daily beginning on the effective day of this Contract as part of the daily deposit. 6. Exclusive Right. Pro is granted the exclusive dght to operate a Pro shop at H.E.B. Municipal Tennis Center including the right to: A. Sell merchandise. B. Rent rackets, ball machines, buckets of balls. C. Stdng rackets. D. Repair rackets. E. Operate a food and ddnk concession. During this Contract, City will not grant to any other person or organization the dght to sell at H.E.B. Municipal Tennis Center any Items available at the Pro Shop, or allow anyone else to give paid tennis lessons except through or with the consent of the Pro. C:~Doyie 03.05~AP~&REC.27~"IEBTen. Cnb~05.0525DC.S Den,~n.K&Le ~e doc Page 5 of 8 7. Record Keeping. Pro must furnish to the City's Director of Finance, or designee, ("Finance Director") a certified monthly statement of Pro Revenue on or before the tenth day of each month dudng the Lease. The Finance Director will approve the statement form prior to commencement of this Lease. The statement form may be altered at the Finance Director's discretion. Pro must keep accurate books of account of all Pro Revenue collected. The books of account will be open for inspection, copying, or audit by City Manager, or designee, ("City Manager") at all times. All books of account and backup documentation must be available to the Director for review during City's business hours at the Facility. City's Director of Finance and Pro's designee will approve the form for the daily report. All underlying documentation for Pro Revenue, Lesson Revenue, City Revenue, and Pro's certified monthly statement, including cash register tapes, purchase orders, invoices, sales receipts, counter information, and the like, must be preserved by Pro dudng the lease term and for at least two years thereafter, including any holdover pedod. Accounting records, ledgers, journals, and reports with regard to Pro Revenue, Lesson Revenue and City Revenue must be retained for five (5) years after termination of this Contract. City may terminate this Lease for failure to preserve these records or to provide them to City Manager upon request. Pro must provide the Parks Director copies of its quarterly sales tax reports for all sales at the Facility within 30 days of Parks Director's written request therefor. Failure to provide said copies is cause to terminate this Lease. 8. Taxes. Pro must pay any and all assessments or taxes, however incurred, adsing from the use of the Facility, the sale of merchandise or services pursuant to this Contract, including without limitation sales or use taxes, ad valorem taxes, and federal income taxes pflor to the taxes becoming past due. 9. Utilities. City, as owner of the Facility, will provide electrical, gas, water, and wastewater service to the Facility. In managing the Facility, Pro must practice energy conservation efforts to efficiently use water, electrical and natural gas resources. 10.Insurance. A. General Liability. Pro shall secure and maintain a comprehensive general liability insurance policy to include Contractual liability coverage with minimum limits of Five Hundred Thousand Dollars ($500,000) combined single limit. The City of Corpus Christi shall be named as an additional Insured on the policy. The comprehensive general liability policy carded by the Pro under this Contract is the primary coverage in case of loss or damage related to Pro's operation of the Facility. A copy of the policy shall be submitted to the Director for approval pdor to commencement of this Contract. B. Insurance Certificate. As evidence of the insurance coverage required by this Contract and prior to execution of this Contract, the Pro shall furnish certificate(s) of insurance to the Director. The Certificate(s) will specify parties who are additional C:~(Doyie 03.05~PARK&REC.27~HEBTen. Cnt~05.0525DC.S D~ n[on K&Lease doc Page 6 of 8 insured and will Indicate what endorsements are Included and what exclusions are removed. C, Cancellation Notice. There shall not be any cancellation, matedal change, or intent not to renew the insurance policies without thirty (30) days pdor written notice to the Director. D. Worker's Compensation, Pro shall secure and maintain worke[~s compensation insurance. 11,Assignment, This Contract is a personal service Contract and is not assignable, 12. Termination. The City Manager, may, after 45 days advance wdtten notice and opportunity to cure, terminate this Contract for a material breach by Pro of the Contract if breach has not been cured, provided, however, the City Manager, may immediately terminate this Contract if Pro's violation involves: misappropriation of funds due the City, failure to produce financial or accounting documentation as required herein, or a sedous or imminent danger to the public. Pro may terminate this Contract if the Pro provides the PaSs Director 45 days advance written notice. This Contract will terminate Immediately upon the death of Steven B. Denton. Further, this Contract will be terminated upon the inability of Pro to perform the duties hereunder for 120 consecutive days. 13. City Responsibilities. A. Ownership. City owns the H.E.B. Municipal Tennis Center facilities, all improvements, and buildings located thereon; the furnishings and equipment for the locker room/restroom area, as shown on Exhibit 1 attached hereto and made a part hereof for all purposes; and the office equipment, including without limitation, a cash register and basic supplies, located in the Pro Shop and/or office. B. Telephone. City will pay for one telephone for local calls. C. Security. City has installed security equipment, including sound and movement detectors, in the Pro shop and concession building. The Pro must pay the monthly bill for the secudty services. D. Facility Maintenance. City is responsible for all Facility maintenance and major and minor repairs at the Facility to the extent shown in Exhibit 2; and in consideration thereof, it Is agreed that Pro must make no claim for any damages against the City for loss of income due to the City's failure to make any repairs. E. Janitorial. City will clean the Facility and will provide all cleaning supplies. F. Promotion of Facility. City shall continue its promotional activities for the Facility, including brochures and listings in departmental literature. Page 8 of 8 18. Effective Date. This Contract is effective on final approval by the City Council. SIGNED thin'ay of ~5. A'I-rEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary d~25 May 2005 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney George K. Noe City Manager Total Tennis, Inc. Ord. AUTHORIZED BY COUNCIL ASSISTANT CITY SECRETARY C:~Doyfe,03.05\PARK&RE C,27~HEBTen.C n[505,0525DC.S Denton. K&Leas e.doc Page 1 of 2 EXHIBIT 2 DETAILED CONDITIONS FOR FACIUTY MAINTENANCE CITY OF CORPUS CHRISTI, TEXAS HEB Tennis Center Tennis Pro Contract and Lease With Total Tennis, Inc. (Steve Denton, Pro) This Exhibit 2 contains detailed conditions for facility maintenance for HEB Tennis Center ("Facility") defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI, TEXAS Tennis Pro Contract and Lease Agreement with Total Tennis, Inc., Steve Denton ("Pro"). 1. City Responsibilities 1.1 · City Maintenance Staff The City will assign an on-site employee (Tennis Center Worker) to perform routine maintenance as described below. The Tennis Center Worker will report to work at the HEB Tennis Center on Monday, Tuesday, Wednesday, and Thursday for 4 hours in the aftemoons and all day Fdday of the work week. On Monday, Tuesday, Wednesday and Thursday momlnqs the employee will report to Al Kruse Tennis Center. Overtime will only be allowed by pdor authorization of the Parks and Recreation Superintendent assigned to the tennis division. 1.2.Tennis Courts The Park Operations mobile crew will power-wash the open courts on a six week cycle and the covered courts on a weekly cycle. Rolling and squeegeeing of the courts are not part of the City's on-site or mobile crew responsibilities. Pro will be responsible for rolling and squeegeeing the courts after a rain event to avoid damaae to the court surface. City will assist tennis center staff in replacing tennis nets, center straps and bindings; however, Pro will be responsible for preparing the nets for toumaments. 1.3. Buildings The Tennis Center Worker will maintain the bathrooms/dressing rooms; clean and sanitize commodes, urinals, sinks, and showers daily and as needed; sweep and mop floors daily and as needed; stdp and wax floors quarterly; pick up litter daily and as needed; keep up with all paper goods daily and as needed; clean windows monthly; replace all domestic lighting (general bulbs and fluorescent tubes); make general minor repairs to facilities including plumbing (with assistance from Park Operations mobile crew if needed). Any maintenance related to facility painting, park fumiture repair, and restroom painting will be accomplished by Park Operations mobile crew when resources are available. 1.4. Grounds The Tennis Center Worker will pickup litter daily and as needed; bag and manage all trashcans as needed; inspect fencing and lumlte daily and make C:~{Doyle,03 05~PAP~&REC.271HEBTen. Cnb'~)5.0525 DC.S D~n~on.K&Lease,Ex~2.doc Page 2 of 2 necessary repairs; fill holes and level ruts in all areas; and clean and remove graffiti when present. 1.5. Gardening and landscaping Park Operations mobile crew will perform all mowing, trimming, and clean up; watedng and minor Irrigation repairs. The Tennis Center Worker will prune shrubs, trees and rose bushes; clean up brush; maintain all flowerbeds (includes removing weeds, preparing and planting seasonal plants to enhance the facilities; spray insecticide, herbicides, fungicides, weed killer and treat for ants when needed.) 1.6. Capital Improvements City will fund needed capital improvements (deterTnined by the City) at its discretion as funding becomes available. 1.7. Contact Person For the Lease, the Cit,/s contact person is the Parks and Recreation Director. C:~{Doy~.03 05~PARK&REC,27~H EBTen C ntr~O§ .0525DC.S De nfo n,K&Lease. E.xhb2.doc Page 1 of 3 AN ORDINANCE AUTHORIZING THE cI'rY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE-YEAR PROFESSIONAL SERVICES CONTRACT AND LEASE AGREEMENT WITH TOTAL TENNIS, INC., STEVEN B. DENTON, PRESIDENT (PRO), FOR TENNIS OPERATIONS AT THE HEB TENNIS CENTER IN CONSIDERATION OF PRO PAYING THE CITY 5% OF PRO AND LESSON REVENUE, AND COLLECTING AND FORWARDING CITY REVENUE TO CITY IN RETURN FOR PRO'S EXCLUSIVE USE OF TENNIS CENTER, AND CITY PAYING PRO $4,138 PER MONTH FOR PRO OPERATING TENNIS CENTER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five-year professional services contract and lease agreement ("Agreement") with Total Tennis, Inc. Steven B. Denton, President (Pm), for tennis operations at the HEB Tennis Center in consideration of pro paying the city 5% of pro and lesson revenue, and collecting and forwarding city revenue to city ,in retum for pro's exclusive use of tennis center, and city paying pro $4,138 per month for pro operating tennis center. The Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this __ day of ,2005. H:~EG-DIR\Doy~eD CUlfJs~MYDOCS~003.04\PARK&REC.27~HEBTen. Cntr~022505DC.Totai.Tennls StevenB D~rrb3n HEB TennlsCntr. Lease5yr. O~d doc Page 2 of 3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED: 25 February 2005 Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:~-EG-DIR~Doy~eO Cur~Is~MY DOCS~2003 04\P^ RK&REC 27~H EBTen. Cn~O22505DC.To[al Tennis Sieve nB.Denton HEB.TennlsCn [r. Lea ~e5y~.O~.doc Corpus Chdsti, Texas __.day of ,2005 Page 3 of 3 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Chdsti, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H :~-E G-DIR\D~ yle D C ~dS~'DOCS~2003.04\PARK&REC.27~HEBTen Cnt ~022505OC TolaJ Tenr~s. SlevenB.~on,HEB.T~n~.Le a~Sw ~ d~ 12 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: July 12, 2005 Ordinance amending the Code of Ordinances, City of Corpus Chdsti, Chapter 53, increasing parking meter rates on Breakwater, West Surfside, East Sudside and U.S. Highway 181 East Access Road from twenty-five cents per hour to I~lty cents per hour; providing for penalties; providing for severance; providing for publication; and providing effective date of August 1, 2005. IS,SUE: This ordinance increases parking meter rates on Breakwater, West Surfside, East Surfside and U.S. Highway 181 East Ac_~-e_~_s Road from twenty-five cents per hour to fifty cents per hour. Per the Parking Lease and Management Agreement with the Texas State Aquadum Association (TSAA), the TSAA collects all revenue from these parldng meters and issues citations for illegally parked cars. REQUIRED COUNCIL ACTION: Approval of the Ordinance PREVIOUS COUNCIL ACTION: These rates were last amended in 1994. FUNDING: CONCLUSION AND RECOMMENDATION: Approval of the Ordinance Assistant CityManager ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 53, INCREASING PARKING METER RATES ON BREAKWATER, WEST SURFSIDE, EAST SURFSIDE AND U.S. HIGHWAY 18t EAST ACCESS ROAD FROM TWENTY-FIVE CENTS PER HOUR TO FIFTY CENTS PER HOUR; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING EFFECTIVE DATE OF AUGUST 2005. BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'I-Y OF CORPUS CHRISTI, TEXAS: Section 1. Thai Chapter 53, City Code of Ordinances, is amended to read as follows: "Sec. 53-257. Schedule VIII, Parking meter zone: established. ii) 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 onc (1) quarter two (2) quarters for each hour "~"~'*/~ up to ..,=, .. sixteen (16) quarters for eight (8) hours, between the hours of 8:00 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) West Suffsicie Avenue--Breakwater Avenue to Elm Avenue. (3) U.S. Highway 181 East Access Road--Breakwater Avenue to Coastal Avenue. (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) quartor two (2) (~uarters for each hour up to fcur (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. 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, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. parking rneter-aquanum DOC SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of bhe City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. This ordinance Iakes effect on August 1, 2005. PARKING METER-AQUARIUM.DOC Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: John E. Marez Rex A. Kinnison Jesse Noyola Mark Scoff That the foregoing ordinance was read for the second time and passed finally on this the day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly ,2005 by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scoff 3 PASSED AND APPROVED, this the __ AI-I'EST: Armando Chapa City Secretary APPROVED: ~/~,--~ Lisa Aguilar {.) Assistant City A~omey for C;ity Attorney ~ ,2005 day of ,2005. Henry Garre~ Mayor parkln9 meter-aquarium. DOC 13 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 7/19/05) Case No. 0605-03- Randy Maldonado: A change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District. ]Me property is in Tracy Subdivision, Block 8, 30 feet of Lot I and 24 and Lots 2 and 23, located along Baldwin Boulevard between Cloyde Street and 1.ynch Street. Planninl~ Commission and StafPs Recommendation (6/15/05): Approval of the "B-I" Neighborhood Business District Requested Conncil Action: Approval ofa "B-I" Neighborhood Business District and an adoption of the attached ordinance. Purpose of Request: Fast food restaurant ~trive-through only. Snmmm'¥: · Re applicant has requested a change of zoning from an "AB" Professional Office District to a "B-I" Neighborhood Business District to develop the subject property with a drive-through only fast food restaurant. · The subject property consists of 0.51 of an acre and is currently vacant. · The proposed restaurant is estimated at 1,000 square feet and will not provide for on-site dining. Meals will be ordered and picked-up in the single drive-through lane. · Baldwin Boulevard is classified as an arterial vnth CIoyde and Lynch Streets being local roadxvays. With redevelopment of this property as a restaurant on the four lot area, new driveways along Cloyde and Lynch Streets are prohibited. As stated in the driveway ordinance, driveway access is prohibited along a local street when access can be obtained along a freeway, expressway, arterial or collector roadway. · The ITE Trip Generation Manual estimates that a fast food restaurant with drive-through service only typically generates 225 average daily trips, per 1,000 square feet of gross floor area of thc building. Baldwin Boulevard is designed to accommodate traffic generated from this use. · The north side of Baldwin Boulevard corridor is transitioning to neighborhood business. The requested "B-I" District is supported. Recommendation: Approval of the B-I" Neighborhood Business District. Applicant's Position: The applicant concurs with Planning Comrmssion and StafFs recommendation. Notification: Of the 34 notices mailed to the surrounding property owners, one was returned in favor and zero was renamed in opposition. The 20% rule Is not invoked. This case is considered non- controversial. Agenda Memorandum Case No. 0605-03 (Randy Maldonado) Page 2 Michael N. Gunning, AICP Assistant Director of Development Services MG/FGM/gp Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance tt :~I N - DIR~SILMI~D\CraiI\WORD~AGEN DMEM~2005Uune\0605 -03 AG ENDAMEMO doc CITY COUNCIL ZONING REPORT Case ]No.: 0605-03 Planning Commission Hearing Date: June 15, 2005 Applicant: Randy Maldonado Owner: Same as applicant Agent: Same as applicant Legal Description/Location: Tracy Subdivision, Block 8, 30' of Lot 1 and 24 and Lots 2 and 23, located along Baldwin Boulevard between Cloyde Stxeet and Lynch S~'eet. ~ ~ From: "AB" Professional Office District To: "B-1" Neighborhood Business District '~- ~ Area: 0.51 acre ~ ~ Purpose of Request: Fast food restaurant -<lrive-through only Zoning Site "AB" Professional Office District North "R-lB" One-family Dwelling District South "R-lB" One-family Dwelling District East "AB"/SP Professional Office District with a Special Permit We~t "B-l" Neighborhood Business Dislrict Existing Land Use Vacant lots Low-density residential Low-density residential Professional Office Commercial Futu_re Land Use Professional Office Professional Office Low-density residential Professional Office Neighborhood Business Area Development Plan: Southeast - The future land use map indicates professional office uses for the subject property. However, the Baldwin Boulevard comdor is transitioning to neighborhood business uses. ~e requested "B-I" Distric! is supported and a modification to the futm-e land use map is required. Map No_: 046042 Zoning Violations: None Zomag Report Case No 0605-03 (Maldonado) Page 2 The applicant has requested a change of zoning from an "AB" Professional Office Dis~ct to a "B- I' Neighborhood Business District to develop the subject property with a drive-through only fast food restaurant. The subject property consists of 0.51 of an acre and is currently vacant. The proposed restaurant is estimated at 1,000 square Feet and will not provide for on- site dining. Meals will be ordered and picked-up in the single drive-through lane. Baldwin Boulevard is classified as an arterial with Cloyde and Lynch Streets being local roadways. With redevelopment of this property as a restaurant on the four lot area, new driveways along Cloy& and Lynch Streets are prohibited. As stated in the driveway ordinance, driveway access is prohibited along a local street when access can be obtained along a freeway, expressway, arterial or collector roadway. The ITE Trip Generation Manual estimates t/mt a fast food restaurant with drive- tkrough service only typically generates 225 average daily trips, per 1,000 square feet of gross floor area of the building. Baldwin Boulevard is designed to accommodate traffic generated from this use. The north side of Baldwin Boulevard comdor is transitioning to neighborhood business. The requested "B-I" District is supported. Street Type Baldwin Boulevard Arterial Cloyde Street Local Lynch Street Local Paved Se~lon 80' ROW w/62'Bk, to Bk. section (Planned -Same) 50' ROW w 28' Bk. to Bk. section (Planned -Same) 50' ROW w 28' Bk. to Bk. section (Planned -Same) Volume (2001) 20,812 a.d.t. Not avail. Not avail. The subject property is platted March 2004, a change of zoning from a "R-lB" Dislrict to a "B-I" District occurred east of the subject properly, along between Riggan and Elizabeth Streets. Zoning Report Case No. 0605-03(Maldonado) Page 3 Approval of the "B-1" Neighborhood Business District Approval of the "B- 1" Neighborhood Busincss District Number of Notices Mailed Favor 0 Opposition 0 (As of June 8, 2005) 34 Attachment: Zoning Map H PLN-DIRkqHARED\GaiI\WORDXZONRPTS'O. 005klune\06054)3CCReporl doc B-1 SUBJECT PARCEL / / R-2 NORTH MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - June 15, 2005 Case No. 0605-03 Randy Maldonado: "AB" Professional Office District to a "B-I" Neighborhood Business District. _ Tracy Subdivision, Block 8, 30 feet of Lot I and 24 and Lots 2 and 23, located along Baldwin Boulevard bem'een Cloyde Street and Lynch Street. Request: Change of zoning from "AB" Professional Office District to "B-I" Neighborhood Business District Excerpts from Zoning Report Legal Description/Location: Tracy Subdivision, Block 8, 30' of Lot 1 and 24 and Lots 2 and 23, located along Baldwin Boulevard between CIoyde Street and Lynch Street. Purpose of Request' Fast food restaurant drive-through only. Area Development Platt: Southeust - The future land use map indicates professional office uses for the subject property. However, the Baldwin Boulevard corridor is transitioning to neighborhood bto'iness uses. The requested "B-1 "District i~ supported and a modtfication to the future land use map is required Department Comments: March 2004, a change of zoning from an "R-lB" Dtstrict occurred east of the subject property, along bem'een Riggan and Elizabeth Streets Staff Recommendation: Approval of the "B-I "Neighborhood Business District Ms. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Ms. Goode-Macon stated that the applicant is looking to develop a Pete's Chicken-n-More Restaurant on Baldwin Boulevard, between Cloyde Street and Lynch Street. The subject property is west of Del Mar College. There was a zoning case in 2004 along Baldwin Boulevard between Riggan and Elizabeth Street in which there was "AB" District property that ,,vas rezoned into a "B-I" District. This particular piece of property will bc the last remaining lot with regards to an "AB" District com~ccting to a "B-I" District along this inmaediate comdor. There are four lots in which this particular establishment is proposing to construct a restaurant. There is a residential "R-lB" Dislrict to the rear of the subject property and there is also commercial activity along Baldwin Boulevard with commercial acti'.rity down the street. The future land use map recommends that the area convert to non residential property. The applicant has been notified that when the establishment does occur, the access along Cloyde and Lynch Streets will be prohibited due to the fact that they will have access along Baldwin Boulevard. Staffis recommending approval of the "B-I" District as requested by the applicant. There were 34 notices mailed with one received in favor and none ~n opposition. Planning Comrnission Minutes £~se No 06054)3 (Randy Maldonado Page 2 In response to Commissioner Braselton's question regarding the two curb cuts along Baldwin Boulevard, Ms. Goode-Macon indicated that staffwas not sure if they could have two, but this would be a function of the permit process. Ms. Holly stated that the applicant would not need two drive-ways; it is usually one per properly. Public hearing was opened. Randy Maldonado, 6001 King Trail, stated that he is the president of'Pete's Chicken-n-More. He also stated that this particular piece of property could be further developed by opening a restaurant with an express unit and no dine-in. It would all be done within code and in good haste. Public hearing was closed. h~ response to ComXmssioner Pusley's question of screening requh-ements, Ms. Goode-Macon stated that the applicant will be reqmred to screen along the north property line with a 6 foot screening fence. The applicant has been in compliance with the other restaurants owned. Motion by Comrmssioner Salazar, seconded by corra'mssioner Garza to approve the "B-I" District. The motion passed unanimously with the Chairman and Conumssioner Mims being absent. H:\PLN-DII~SHARED\GaiI\WORD'~AGENDMEM~2005klune~605-03 Minutes ExcerpCdoc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RANDY MALDONADO, BY CHANGING THE ZONING MAP IN REFERENCE TO TRACY SUBDIVISION, BLOCK 8, 30 FEET OF LOTS 1 AND 24, AND LOTS 2 AND 23, FROM "A-B" PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Randy Maldonado for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 15, 2005, dudng a meeting of the Planning Commission, and on Tuesday, July 19, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which ali interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Tracy Subdivision, Block 8, 30 feet of Lots 1 and 24, and Lots 2 and 23, located along Baldwin Boulevard be[ween Cloyde Street and Lynch Street, from "A-B" Professional Office District to "B-l" Neighborhood Business District. (Map 046042) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~_EG-DIR~oseph~_onlng~5~0~05-03Regula r doc Page 2 ol~ 3 SECTION $. That all ordinances or pads of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (l) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 19th day of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED Joseph"F~rney% Assistant City Attorney For City Attorney 2005 Henry Garrett Mayor, The City of Corpus Christi H:~E G~DIRLIose ph~_o ning-05\0605~3 Reg u la r doc Page 3 of 3 Corpus Christi, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garret\ Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E, Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H\LEG DIR~J ose ph~Zo ning-05\O~0,~O3 Reg ula r.cloc 14 AGENDA MEMORANDUM PUBLIC HEARING ZONING (City Council Action Date: 7/19/05) Case No. 0605-04-James Spencer: A change of zoning from a "R-lB" One-family Dwelling Dis~ct to a "B-3" Business Disrnct. q~ne property is in Flour BluffEstates No. 2, Block 9, Lots 7A and 7B, located along Scotland Street and 125 feet east of N.A.S. Drive. Plnnnin~ Commission and StafFs Recommendation (6/15/05): Approval of the "B-3" Business District. Re~luested Council Action: Approval ora "B-3" Business District and an adoption of the attached ordinance PurDoseofRetluest: Development of office/retail complex. Summary: · Applicant requesting a change of zoning to a "B-3" Business District for the development of an office/retail complex on two (2) platted lots. · The subject property is located within the Accident Potential Zone -1 (APZ-1) as identified by the Navy. The APZ-1 is an area that has a measurable potential of aircraft accidents due to frequency of overland flights and other factors rela~ng to noise. · Guidelines of thc APZ- 1 recommend that that single-family residential or dense non-residential uses which congregate large groups of people should be prohibited. · Policies within the Flour Bluff Comprehensive Plan support the gradual ~'ansition of residential property to commercial and industrial uses. The Plan further states that the city should facilitate this transition by approving rezoning requests for commercial or industrial zoning where such similar zoning is adjacent. The subject property is adjacent to a "B-3" District and "I-2" District to the west. A change ol'zoning on the subject lot to a commercial or industrial use would support the objective of the Plan by gradually phasing out residential uses in the APZ area. · Specific development plans are not available at this time. However, office/general commcrcial uses normally generate 40.67 average vehicle trips per 1,000 feet of gross floor area. It is estimated that a 3,000 to 6,000 square foot commercial building on the subject property could generate between 122 and 244 average vehicle Irips. · Access to the proposed office/retail complex is provided along Scotland Street, a local street that has a direct connection to N.A.S. Drive, an arterial. · Traffic generated by the proposed use beO, veen 122 to 244 average daily trips could be accommodated by the Scotland Street and N.A.S. Drive sU'eet systems. · North of the subject property is a "R-lB" District developed as a public/semi-public use. Located south and east is "R-lB" District property developed with single-family and mobile home uses along with scattered vacant lots. West of the subject property is a warehouse use zoned "I-2" Scheduling Memorandum Ca~c No 0605-04 (James Spencerl Page 2 · Light Industrial and a "B-3"/SP Dis~-ict developed commercially. Recommendation: Approval of the "B-3" Business Dislxict. Al~l~llcant's Position: The applicant concurs with Planning Commission and StafFs recommendation. Notification: Of the 15 notices mailed to the surrounding property oxvners, zero were returned in favor or opposition. The 20% rule is not invoked. This case is considered non-controversial. Assistant Director of Development Services MG/FGM/gp Attachments: l) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:\P LN DIR~q HA R ED\GaiI\WO R D~,A GE N DM EM L2005~hJn e\0605 -0d A G ENDAM EMO doc CITY COUNCIL ZONTNG REPORT Case No.: 0605-04 Planning Commission Hearing Date: June 15, 2005 Applicant: Jan~es Spencer Owner: Same as applicant Agent: Same as applicant Legal Description/Location: Flora Bluff Estates No. 2, Block 19, lots 7A and 7B, located along Scotland Street and 125 feet east of N.A.S. Drive. ,.~ g From: "R-lB" One-falmly Dwelling DisU-ict .~ ~ To: "B-3" Business District Area: .45 acre ~:~ Purpose of Request: Development of office/retail complex. Site North South Ea.~t · ~- IVe~st Zoning "R-1B" One-family Dwelling District "R-lB" One-family Dwelling Distxict "R-lB" One-family Dwelling District "R- 1 B" Ooe-falnily Dwelling Distract "B-3"/SP Business District with Special perrrnt and "I-2" Light Industrial District Existing Land Use Vacant lot Public/Semi Public Low-density residential and legal non-conforming mobile home Legal non-conforming mobile Warehouse usc Future Land Use Low-density residential zoning/APZ-1 transition to non-single-family Public/Semi Public Low-density residential zoning/APZ-1 lxansition to non-single-family Low-density residential zoning/APZ-I transition to non-single-family General Commercial and Light Indust~al Area Development Plan: Flour Bluff ]'he future land use map recommends low-density residential uses for the subject property. However, the subject property is witkin the APZ-1 Accident Potential Zone v, hich recommends the area transition to non-single-family uses. ~ ~ MapNo.:034032 Zoning Violations: None Zoning Report Case No 0605 04 (James Spencer) Page 2 Applicant requesting a change of zoning to a "B-3" Business District for the development of an office/retail complex on two 12) platted lots. The subject property is located within the Accident Potential Zone -1 (APZ-1) as identified by the Navy The APZ-I is an area that has a measurable potential of aircraft accidents due to frequency of overland flights and other factors relating to noise. Guidelines of the APZ-1 recommend that that single-family residential or dense non-residential uses which congregate large groups of people should be prohibited. Policies within the Flour Bluff Comprehensive Plan support the gnmdual transition of residential property to commercial and industral uses. The Plan further states that the city should facilitate this transition by approving rezoning requests for commercial or industrial zoning where such similar zoning is adjacent. The subject property is adjacent to a "B-3" District and "I-2" Distrct to the west. A change of zoning on the subject lot to a commercial or industrial use would support the objective of the Plan by gradually phasing out residential uses in the APZ area. Specific development plans are not available at tiffs time. However, office/general commercial uses normally generate 40.67 average vehicle trips per 1,000 feet of gross floor area. It is estimated that a 3,000 to 6,000 square foot commercial building on the subject property could generate between 122 and 244 average vekicle trtrps. Access to the proposed office/retail complex is provided along Scotland Street, a local street that has a direct connection to N.A.S. Drive, an arterial. Traffic generated by the proposed use between 122 to 244 average daily trtrps could be accommodated by the Scotland Street and N.A.S. Drive street systems. North of the subject property is a "R-lB" District developed as a public/semi-public use. Located south and east is "R-lB" District property developed with single-family and mobile home uses along with scattered vacant lots. West of the subject property is a warehouse use zoned "I-2" Light Industrial and a "B-3"/SP District developed commercially. Street Scotland Street Type Local Paved Section Volume (2001) 50' R.O.W. with 28' Bk. to Not available Bk. paved section The subject property is planed Zoning Report Case No. 0605-04 (James Spencer) Page 3 The is within the Accident Potential Zone-I subject property residential to non-residential uses. Approval of the "B-3" Business Disl~-ict APZ-1) that supports transitioning Approval of the "B-3" Business DisWict Number of Nonces Mailed Favor 0 Opposition 0 (As of June 9, 2005) t5 Attachment: Zoning Map Accident Potential Zone Map I I xP/N-DIR~S HARED\GaiI\WORD~ZON RPTSL2005~June\(~OS-04CCReport doc B-3 B-3/SP NORTH CZ Not in / AICUZ SUBJ PARCEL Accident Potential Zones' Land Use Constrains CZ APZ-I Af'CIDENT POTENTIAl. 7A)NE I ~SIGNI}ICANT ACCIDENT P~)]I~NTIAL, BUT LESS 2HAN CZ MAK)R CONSq~AINTS TO DEVELOPMENT NORTH APZ-2 A(:CIDENT 1)OTENT[AL ZONE 2 ~MEASUIL%BLE ACCIDENT MINUTES REGUI.AR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - June 15, 2005 b. Case No_ 0605-04 James Spencer: "R-lB' One-family Dwelling District to a "B-3" Business District Flour Bluff Estates No. 2. Block 9, Lots 7A and 7B, located along Scotland Street and 125 feet east of N.A.S. Drive. Request: Change of zoning from "R-lB" One-family dwelling District to a "B-3" Business District Excerpts from Zoning Report Legal Description/Location: Flour Bluff Estates No. 2, Block 19, lots' 7A and 7B, located along Scotland Street and 125feet east ofN. A.X Drive. Purpose of Request' Development of office~retail complo:. Area Development Plan: Flour Bluff the future land use map recommends low-density residential uses for the subject property. However, the subject property is vathin the APZ-I Accidental Potential Zone which recommends the area transitton to non-single-family uses. Department Comments': The subject property is within the Accident Potential Zone-l) APZ-1) that supports transitioning residential to non-residential uses Staff Recommendation: Approval of the "B-3 "Business District Ms. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Ms. Goode-Macon stated that the subject property is located along Scotland Street in the Flour Bluffarea, east of N.A.S. Dr/ye. The subject property consists of two lots that are presently vacant. The applicant is requesting a ~B-3" District zoning which will not allow residential development. The applicant is also attempting to comply with the regulations that are on the properties between Jester and Claude Street. These properttes are in the APZ-I area which discourages further residential development. The applicant would be the first test case that the City would have along this residential area in which the plan is suggesting that it convert to non residential uses. He is a prime candidate because he is adjacent to existing industrial and business zoning addresses. Across the subject property is a church. There is currently 1/3 in the neighborhood of vacant lots with a mixture of legal non conforming mobile homes along with legal conforming single family homes. The future land use map shows the property as low density residential as a stabilizing method until Planning Commission and Development Services could decide when the Ixansition could begin. Staffis recommending approval of the "B-3" Distr/ct at this time. There were 15 notices mailed with none m favor and none returned in opposition. Public hearing was opened. There appeared to be no one in Favor or in opposition. The public heanng was closed. Motion by Commissioner Garza, seconded by Commissioner Bmselton to approve. The motion passes unanimously with the Chairman and Commissioner Mims being absent. H: d~ LN -D IRkS H ARED\GaiI\WO KD',AGEN DM EM L20(J5 3 un e\06054~M in u te~ Excel~i doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JAMES SPENCER, BY CHANGING THE ZONING MAP IN REFERENCE TO FLOUR BLUFF ESTATES NUMBER 2, BLOCK 9, LOTS 7A AND 7B, FROM"R-1B"ONE-FAMILY DWELLING DISTRICT TO "B-3" BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of James Spencer for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 15, 2005, during a meeting of the Planning Commission, and on Tuesday, July 19, 2005 during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Bluff Estates Number 2, Block 9, Lots 7A and 7B, located along Scotland Street and 125 feet east of NAS. Drive, from "R-lB" One- Family Dwelling District to "B-3" Business District. (Map 034032) 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~Joseph~onlng-05\0605-04Regular.doc Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and dec/ares 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 19Ih day of July, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED -J'v/3 I¥ · Joseph Ha~ey ~ Assistant City Attorney For City Attorney 2005 Henry Garrett Mayor, The City of Corpus Christi H:~LEG-DIR~Joseph~Zonlng-05~0605-04Regular.doc Page 3 of 3 Corpus Christi, Texas __day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H tLEG-DIR~Joseph~oning~5~0605q~4Regular.cloc 15 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: 7/19/05) Case No. 0605-05-John Bratton: A change of zoning from a "F-R" Farm-Rural District to a "R-E' Residential Estate District and a "B-l" Neighborhood Business District. The property is 350 acres out of Laureles Farm Tracts, south half of Section 31, and north half of Section 32, located south of F.M. 2ddd (South Staples Street) and east of County Road 41 Planning, Commission and Staff's Recommendation ¢6/15/05): Approval ora "RE" Residential Estate District and a "B-1" Neighborhood Business District. Recluested Council Action: Approval of a "RE" Residential Estate District and a "B-I" Neighborhood Business District and an adoption of the attached ordinance. Purlaose of Recluest: Development of a 249 lot single-family subdivision on one (1) acre lots; retail shopping and/or personal service uses. Summar3': The applicant is requesting a change of zoning to "RE" Residential Estates in order to develop a 249-1ot, single-family subdivision on 321.25 acres, w/th a minimum lot area of one (1) acre. The applicant has also requested rezoning to "B-I' Neighborhood Business District on 18.75 acres at the southeast comer of FM 2444 (South Staples Street) and County Road 41. The "RE" District provides for large lot development without curbs, gutters (inlet) and sidewalks. Thc request for rezoning to create a large lot subdivision is a continuation ora develop trend in the area. Since 1991, three large lot subdivisions have been built in the area. These subdivisions include: Country Creek (1991); King Estates (1994); and Botanical Garden Estates (1995). In 2004 a preliminary plat of Coves at Largo Vista was approved but no units have been final platted. Each of these subdivisions are or will be connected to city water and will utilize on-site waste disposal systems. These subdivisions contain a total of 769 one acre lots. To date 215 homes have been built. On-site aerobic or septic systems are proposed for the development as city wastewater servmc is not reasonably available to the site. The nearest sewer line is located 5,567 feet northeast of the tract at the intersection of Oso Parkway and South Staples Street but does not have capacity to serve these subdivisions. Extension ofa wastewater line across Oso Creek is not listed as a project in the City's three year Capital Budget Program. · City water is available from FM2444. The request for "B-1" Neighborhood Business District at the intersection of two primary arterials is consistent with city policy to create high density business activities at the intersection of arterial streets. Traffic generated at these "nodes of activ/ty" can be controlled and managed with traffic signalization. Scheduling Memorandum C~se No. 0605~)5 (John Brai~on) Page 2 lee proposed subdivision will have access to FM 2444 (South Staples Street) and County Road 41, both designated urban arterials, lee proposed 249 lot subdivision is estimated to generate 2,490 average daily trips with an additional 9, 151 average daily trips potentially generated from the future fully developed commercial site. FM 2444 and County Road 41 could accommodate the estimated average daily lrips without impeding tTaffic. Water and wastewater demand for the residential subdivision and commercial site is estimated at 124,650 gallons per day for each utility. Solid waste demand is estimated at 3,115 lbs. per day for residential uses and 9,600 lbs. per day for a fully developed 18.75 acre commercial site. Recommendation: Approval of a "RE" Residential Estate Dislr~ct and a "B-I" Neighborhood Business District and an adoption of the attached ordinance. Al~01icant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the 34 notices mailed to the surrounding property owners, zero were returned in favor or opposition. The 20% rule is not invoked. This case is considered non--controversial. ~. Gunning, AICP Assistant Dh-ector of Development Sexwices MG~'GM/gp Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance H:',p LN - DIR~S HAP~ED\GaiI\WO R D',AGEN D M EM~2005XJu ne~O6054~5 AGEN DA M EMO.doc CTTY COUNC'rL ZONTNG REPORT Case No.: 0605-05 Planning Commission Hearing Date: June 15, 2005 Applicant: John Bra~ton Owner: Same as applicant Agent: RVE, Inc. - Pat Veteto Legal Description/Location: Being 350.00 acres out of Laureles Farm Tracts, North half of Sections 3l and 32, located along the south of FM 2444 (South Staples Street) and east of County Road 41. From: "F-R" Farm Rural District To: Tract 1: "RE" Residential Estate Dis~ict Tract 2: "B-I" Neighborhood Business District Area: Tract 1:321.250 acres Tract2:18.75 acres Purpose of Request: Development of a 249 lot single-family subdiwsion on one (1) acre lots; relail shopping and/or personal sermce uses. Zoning Existing Land Use Site "F-R" Farm-Rural District Undeveloped land North "RE" Residential Estate District South "RE" Residential Estate District East "R-lB" One-family Dwelling District West "B-3" Business Districl Vacant lots and Estate residential Vacant lots and Estate residential Undeveloped land and low-density residenti al Commercial Future Land Use Traditional Neighborhood Residential with Commercial and Multi- Family at the Comer ol- County Road 41 and South Staples Street Estate residential Traditional Neighborhood Residential Estate Residential Traditional Neighborhood Residential Zomng Repor~ Case No 0605-05 (John Brailon~ Page 2 Area Development Plan: London The future land use map recommends the subject property develop as low density residential with commercial uses at the comer of South Staples Street and County Road 41 Multi-family uses are shown as a buffer use between the conunercial use at the comer and residential uses to the south and east. The "B-I" Neighborhood Business District and "RE" Residential Estate Districts, as requested, are generally consistent with the Plan. Map No.: 046029, 047029 Zoning Violations: None The applicant is requesting a change of zoning to "RE" Residential Estates in order to develop a 249-1ot, single-family subdivision on 321.25 acres, with a minimum lot area of one (1) acre. The applicant has also requested rezoning to "B-I" Neighborhood Business District on 18.75 acres at the southeast comer of FM 2444 (South Staples Street) and County Road 41. The "RE" District provides lbr large lot development without curbs, gutters (mle0 andstdewalks. The request for rezoning to create a large lot subdivision is a continuation of a develop trend in the area. Since 199l, three large lot subdivisions have been built in the area. These subdivisions include: Country Creek ( 1991 ); King Estates (I 994); and Botanical Garden Estates (1995). In 2004 a preliminary plat of Coves at Largo Vista was approved but no units have been final platted. Each of these subdivisions are or will be connected to city water and will utilize on-site waste disposal systems. These subdivisions contain a total of 769 one acre lots. To date 215 homes have been built. On-site aerobic or septic systems are proposed for the development as city wastewater service is not reasonably available to the site. The nearest sewer line is located 5,567 feet northeast of the n'act at the intersection of Oso Parkway and South Staples Street but does not have capacity to serve these subdivisions. Extension ofa wastewater line across Oso Creek is not listed as a project in the City's three year Capital Budget Program. City water is available from FM2444. The request for "B-I" Neighborhood Business District at the intersection of two primary arterials is consistent with city policy to create high density business activities at the intersection of arterial streets. Traffic generated at these "nodes of activity" can be controlled and managed with traffic signalization, Zoning Report Case No 0605-05 (John Brauon! Page 3 · The proposed subdivision will have access to FM 288,1 (South Staples Slzeet) and County Road 41, both designated urban arterials. The proposed 249 lot subdivision is estimated to generate 2,490 average daily trips with an additional 9,15 l average daily trips potentially generated from lhe future fully developed commercial site. FM 2848 and County Road 41 could accommodate the estimated average daily trips without impeding ~-affic. Water and wastewater demand for the residential subdivision and commercial site is estimated at 124.650 gallons per da>' for each utility. Solid waste demand is estimated at 3,115 lbs. per da3,' for residential uses and 9,600 lbs. per day for a fully developed 18.75 acre commercml site. Street Type Paved Section FM2444 County Road 41 Urban Arterial Urban Arterial 80' ROW w/ 24' paved section; (Planned 130' R.O.W. w/95' Bk. to Bk. with a 16 fl. wide median) 40' RO.W. w/20' wide rural paved section. (Planned 75' R.O.W. w/50' Bk. to Bk. paved s~:tion.' Volume (2001) a.d.t. 4,080 (2001) Not available A preliminary plat of the property was approved by Planning comn'nss~on on May 18, 2005, containing one acre lots ~vith commercial at the comer of F M. 2444 (South Staples) and County Road 41. The subject site was annexed into the city on July 18, 1995 and was zoned "FR" Farm and Rural. The purpose of zoning the property to "FR" was to place the property in a holding zoning until sufficient access to utilities became available to support development. Rezoning to "RE" Residential Estate Zoning offers the property owner an opportunity to develop the properly at a density that is consistent with the surrounding subdivisions. Approval, ~'ontng Reporl Case No 0605-05 (John Brattonl Page 4 Same as Staff recommendation Number of Notices Mailed Favor 0 Opposition 0 (As o£June 9, 2005) 33 Atlachment: Zoning Map H/PLN D IR~ HAR. ED\Gail\WO RD~ZONRP TS \2005/June\0605415 Rept~n doc ~ RE FR OCL ~E OCL NORTH MINUTES REGUI,AR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - June 15, 2005 c. Case No. 0605-05 John Brattoo: "F-R" Farm-Rural District to a "RE" Residential Estate District and a "B-1" Neighborhood Business District Being 350 acres ou'~ of Laurels Farm Tracts, south half of Section 31, and north half of Section 32, located south of F.M. 24-44 (South Staples Street) and east of County Road 41 Request: Change of zoning from "F-R" Farm Rural District to Tract 1: "RE" Residential Estate District and Tract2: "B-I" Neighborhood Business District Excerpts from Zoning Report Legal Description/Location: being 350.00 acres out of Laurels Farm Tracts, North half of Sections 31 and 32, located along the south of FM 2444 (South Staples Stree0 and east of County Road 41. Purpose of Request Development of a 249 lot single-family subdivision on one (1) acre lots; retail shopping and/or personal service uses. Area Development Plan: London - The future land use map recommends the subject property develop as low density residential with commercial uses at thc corner of South Staples Street and County Road 41. Multi-family uses are shown as a buffer use between the commercial use at the corner and residential uses to the south and east. The "B-I "Neighborhood Business Distrt'ct and "RE" Residential Estate Districts, as requested, are generally consistent with the Plan. Department Comments: The subject site was annexed into the city on duly 18, 1995 and was zoned "FR" Farm and Rural The purpose of zoning the property to "FR" was to place the properO' in a holding zoning until sufficient access to utilities became available to support development. Rezoning to "RE" Residential Estate Zoning offers the property owner an opportunir)' to develop the propert) at a density that is consistent with the surrounding subdivisions. Staff Recommendation: Approval Mr. Raasch provided graphics of the subject property and the surrounding area. Toe zoning report and tape are on file. Mr. Raasch stated that the property is located on 350 acres on Laureles Farm Tracts along the south side of South Staples Street and west of King Estates. The applicant is proposing to change zoning from a "RE" Residential Estates in order to develop a 249 lot, single family subdivision on 321.25 acres, with a minimum lot area of one acre. The applicant has also requested rezoning to "B-I" neighborhood Business District on 18.754 acres at the southeast comer of South Staples Street and County Road 41. On May 18, 2005, the Planning Commission approved the preliminary plat of the subdiwsion. The "RE" District provides for a large lot development without curbs, gutters and sidewalks. The request for rezoning to create a large lot subdivision is a continuation ora develop trend in the area. The comprehensive plan recommends the property that be developed as low density residential. The existing land uses of the subdivisions around the subject parcel are all subdivided into one acre parcels. Staffis recommending approval. There were 33 notices mailed ~vith none returned in favor and none in opposition. Planning Con.mission Minutes Case No 0605-05 (John Bratronl Page 2 Public hearing was opened. Craig Baker, 5913 King Trail, stated that their concerns were in regards to the drainage of the plat. There is a ditch that does not drain properly with heaw rains. The concern is how the water is going to drain l¥om 321 acres into the neighborhood. In response to Commissioner Pusley's question of improvements for County Road 41, Mr. Veteto stated that County Road 41 will be a 100 foot right-of-way, 5 lane traffic with a center turn lane, at each r~ght turn lane there will be a cut out for an additional right mm, and the drainage will be per the City's Master Plan. Currently there is sheet flow that is coming across the farm land that is being intercepted by the ditch in question. ~,qmn the property is developed the flow will be intercepted before it gets to the dilch. It will all be directed to the larger ditch that is coming through the property. This process should help the drainage of the properties that back up to the subdivision. In response to Commissioner Braselton's question of how much of the county road will be constructed during development; Mr. Veteto indicated that he thought would be a deferment agreement because the developer will be required to build half of a 40 foot collector. The first unit will not be platted that far, but once the developer gets there, it will be a development requirement. Public hearing was closed. Motion by Commissioner Smith, seconded by Commissioner Bra.selton to approve. The motion passed unanimously with the Chairman and Corramssioner Mims being absent. }t ,PLN-DIR~HARED\CraiI\WOI~I)'~AGENDMEM~2005'~June~605 05Minutcs Exceq~t.doe Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOHN BRATTON, BY CHANGING THE ZONING MAP IN REFERENCE TO 350 ACRES OUT OF THE LAURELES FARM TRACTS, SOUTH HALF OF SECTION 31, AND NORTH HALF OF SECTION 32, FROM "F-R" FARM~URAL DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT AND "B-l" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of John Brat'ton for amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 15, 2005, during a meeting of the Planning Commission, and on Tuesday, July 19, 2005 dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chdsti, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning on 350 acres out of the Laureles Farm Tracts, south half of Section 31, and north half of Section 32, located south of F.M. 2444 (South Staples Street) and east of County Road 41, from "F-R" Farm-Rural District to "RE" Residential Estate District and "B-I" Neighborhood Business District. (Map 047030) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance .represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~_ EG -DIR~J osep h~_onin g~5\0~0¢:~05 Regular doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) 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 19th day of July, 2005. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED -,~/3 /~ Joseph Har~y {~ Assistant City Attorney - For City Attorney 2005 Henry Garrett Mayor, The City of Corpus Christi H ~_EG431R~los~ph~Zoning-05\0605-05Reg ular.doc Page 3 of 3 Corpus Christi, Texas day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry GarTett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:~_EG-DIR~Joseph~Zoning-05\0605~SRegular.doc 16 AGENDA MEMORANDUM I'UBLIC HEARING - ZONING (Ciky Council Action Date: 7/19/05) Case No. 0605-08-Leon Johnsou III/Landmark Commission: A change of zoning from a "R-lB" One-family Dwelling District to a "R- I B';HC-IV One-family Dwelling District with a Historical t 'uhural Overlay Classification. Thc property ts in Del Mar Subdivision, Block 17, Lot 21, located along Cliftbrd Street and 300 tbet west ol'Santa Fe Street. Planninl! Commission and Staff's Recommendation {6/15/0,51: Approval of the "R-IB"/HC-IV One-family Dwelling District with a Historical Cultural Overlay Classification. Requested Council Action: Approval ora "R-1B"/HC-W One-family Dwelling District with a Historical Cultural Overlay Classification and an adoption of the atlached ordinance. Purpose of Request: Obtain historical designation for existing residential property located at 313 Clifford Street. Landmark Commission and Staff's Summary: On May 26, 2005, the Landmark Corrtrmssion held a public hearing on the request, to designate the single-family structure at 313 Clifford Street with the overlay designation "HC- IV" (Private structure not open to the public) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One-family Dwelling District while being further protected as historically significant. The "}lC-IV" (Private not open to the public) overlay designation is a classification for private buildings not open to the public. Exterior building modifications to the entire structure would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the l.andmark Commission within the 30--day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during thc 30-day period, the Landmark Commission may continue dialogue with the property o~vner for an additional 90 days. If an agree~nent between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an -HC-1V"(Private not open to the public) overlay designation would require a 60-day review period Ii'om the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with thc demolition, lo the event the property owner and the Landmark Commission are not in agreement after the 60 day period, the Landmark Commission may impose an additional 60-day review period to continue dialogoe with thc property ou, ncr Io encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property ffpreservation of the structure is still undesirable. Recommendation: Approval of the "R-1B"/IIC-IV One-lhmily Dwelling District with a Historical Cultural Overlay Classification. Scheduling Memorandum Case No (}605-08 (Lcon Johnson Ill/Landmark Commission) Page 2 Al~lfficant's Position: ~he applicant concurs with Planning Commission and Staffs recommendation. Notification: Of the 27 notices mailed to the surrounding property owners, three were returned in favor and zero returned in opposition. The 20% rule is not invoked. This case is considered non- controversial. Assistant Director of Development {~ermces MG/FGIVggp Attachments: 1 ) Zoning Report 2) Planning Commission Minutes 3) Ordinance 11:~P L N-D IR~S HAKED\GaiI\ WO RD'~A GEN DM EM~,2005'd une\0~054) gA G EN DAM EM O d cc CI'TY COUNCTL ZON'rNG REPORT Case No.: C0605-08 Planning Commission Hearing Date: June 15, 2005 Applicant: Leon Jotmson, Ill and the Landmark Comrmssion Owner: Leon Johnson Agent: Glenn R. Peterson Legal Description/Location: Del Mar Subdivision, Block 17, Lot 21, located along Clifford Street and 300 feet west of Santa Fe Street. From: "R-lB" One-fannly Dwelling District ~ ~ To: "R-lB" One-family Dwelling District with a "HC-IV" Historical-Cultural Landmark Overlay '~' ~, Area: 0.17 acre t,q ~ Purpose of Request: Obtained historical designation for existing residential property, located at 313 Clifford Street. Site North South .=_ ~ Ect~t Zoning "R- 1B"One-family Dwelling District "R- 1B"One-family Dwelling District "R-lB"One-family Dwelling District "R-1 B"One family Dwelling District-with Historic Dwelling District "R-lB"One-family Dwelling District Existing Laud Use Single-family Dwelling Single-family Dwelling Single-family Dwelling Single-family Dwelling Single-family Dwelling Future Land Use Single-family Dwelling Single-family Dwelling Single-family Dwelling Single-family Dwelling Single-family Dwelling Area Development Plau: Southeast The future land use map supports the continuation of low- density residential. The Preservation Plan supports retaining and designating historically significant properties of the city as a landmark. This subdivision was identified in the kistoricaI site survey as historically significant. Map No.: 045042 Zoning Violations: None Zoning Report Case No. C0605-08 (Leon JollrlSOlX III/Landmark Conmfission) Page 2 Landmark Commission and Staff's Summary: On May 26, 2005, the Landmark Commission held a public hearing on the request, to designate the single-fmnily structure at 313 Clifford Street with the overlay designation "HC- IV" (Private structure not open Io the public) Historical Cultural Landmark. The subject property would retain its existing "R-lB" One-family Dwelling District while being further protected as historically significant. The "HC-iV" (Private not open to the public) overlay designation is a classification for private buildings not open to the public. Exterior building modifications to the entire structure would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark Commission within the 30-day period the property owner may proceed with the modification plans without Landmark Commission approval. In the event the property owner is not in agreement with the Landmark Commission's exterior building modification action during the 30-day period, the Landmark Commission may continue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be resolved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Demolition procedures for an "HC-W"(Private not open to the public) overlay designation would require a 60-day review period fi.om the demolition permit request date. If no action is taken by the Landmark Commission during the initial 60-day period the property owner may proceed with the demolition. In the event the properly owner and the Landmark Commission are not in agreement after the 60-day period, the Landmark Commission may impose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. Street Name Clifford Street LoType cal Paved Section 50' ROW w/28'Bk to Bk Volume (2000 Not Avail. Zoning Repor~ Case No ('0605 08 (keon Johnson, lI1/[.andmark Commission) Page 3 The Preservation Plan states that the Landmark Commission is to identify and recommend historical classifications of historically significant properties within the City of Corpus Christi. Designaling the subject property with an "HC" IV (Private property not open to the public) overlay classification accomplishes the goal and objective setout in the Preservation Plan. Approval Pending Number of Notices Mailed Favor 0 Opposition 0 (As o[ June 8, 2005) 27 Attachments: Zoning Map H :,p kN_D IRkS HAKE D\G ail~,WO R D ~ZONRPTS',2005 U un e\C0605 08 Report.doc ~ AB'" NORTH MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday- June 15, 2005 [. Case No. 0605-08 Leon Johnson Ill/Landmark Commission: "R-lB" One-family Dwelling D~strict to an "R-1B"/HC-IV One-family Dwelling District with a Historical Cultural Overlay ~'lassilication Del Mar Subdivision. Block 17. Lot 21, located along Clifford Street and 300 feet west of Santa Fe S~eet. Request: Change of zoning from"R-1B" One-family dwelling District to "R-lB" One-family Dwelling District with a "HC-IV" Historical-Cultural Landmark Overlay. Excerpts from Zoning Report Legal Description/Location: Del Mar Subdivision, Block 17, Lot 21, located along Clifford Street and 300fi, et west qf Santa Fe Street Purpose of Request' Obtained historical designation for existing residential property, located at 313 Clifford Street. Area Development Plan: Southeast The future land use map supports the continuation of low- density residential. The Preservation Plan supports retaining and designating historically significant properties of the ctty a~i a landmark. This subdivision was identified in the historical site survey as historically, significant, Department Comntents The Prea'ervation Platt state~' that the Landmark Commission is to zdentify and recommend historical classifications of historically significant properties within the Ci0~ of Corpus Christi Designating the subject property with an "HC" IV (Private property not open to the publi0 Overlay clm~vification accomplishes the goal and objective setout in the Preservation Plan. Staff Recommendation: dpproval Ms. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape are on file. Ms, Goode-Macon stated that the subject property is one-family residential dwelling. The applicant is requesting to retain thc exact zoning district and add the Overlay historic preservation dislrict. The property is located al 313 Clifford Street and in the last two years the Planning Commission has reviewed several properties along Cliflbrd Street for the historical Overlay. Clifford Street area has been identified by the City of Corpus Christi landmark Commission historical importance. Initially the Landmark Commission had denied this particular property for a historic Overlay due to modifications, The applicant was very insistent that they would receive the classification. As a result, the applicant hired a contractor to tear down the modifications made to the home to return the home to its original state. He then resubmitted the application to the Landmark Commission for consideration and the Commission approved the request. Staff is recommending approval of the "HC" Overlay District. In response to Commissioner Braselton's question, Ms. Goode-Macon stated that the landowner imtiated the historical overlay. Ms. Goode-Macon also stated that the applicant cannot make any changes v~ithout the approval of the Landmark Commission for a maximum period of 120 days. Planning Conmussion Minutes Case No 0605-0B (Leon Johnson Ill/Landmark Commission) page 2 If there cannot be an agreement between the ow'ncr and the Landmark Comrmssion the owner can then proceed after the initial 120 day period. Applicant requesls this Lype of designation for the prestige Ihat is attached with such designation In response to Commissioner Salazar's question of notices mailed due to the fact that he owns a home on Cole Street, Ms. Goode-Macon stated that the notices were mailed to owners of property located within 200 feet of the subject properly and it would not affect his property. Public hearing was opened. No one appeared to be in favor or in opposition. The public heanng was closed. Motion by Comnusstoner Smith, seconded by Commissioner Zamora for approval. The motion passed unanimously with thc Chairman and Commissioner Mims being absent. H: xp LN -D IR~ HAILED\GaiI\WOI~J)\AGEN DM EM~ 005'J un e~605 -08 Min utes Excerpt-doc Page 1 o[ 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE CITY OF CORPUS CHRISTI LANDMARK COMMISSION AND LEON JOHNSON II1, BY CHANGING THE ZONING MAP IN REFERENCE TO THE DEL MAR SUBDIVISION, BLOCK 17, LOT 21, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "R-lB" ONE- FAMILY DWELLING DISTRICT WITH AN "HC" HISTORICAL CULTURAL OVERLAY CLASSIFICATION; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The City of Corpus Chdsti Landmark Commission and Leon Johnson Ill for amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 15, 2005, dudng a meeting of the Planning Commission, and on Tuesday, July 19, 2005 dudng 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 cl'rY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on the Del Mar Subdivision, Block 17, Lot 21, located along Clifford Street and 300 feet west of Santa Fe Street, from "R-1B" One-family Dwelling District to "R-lB" One-family Dwelling District with "HC" Historical Cultural Overlay Classification. (Map 045042) 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. H:\LEG-OlR~Joseph~.oning-05\0605~08Reg ular doc Page 2 0[3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION ?. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 19th day of July, 2005. All'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED JA°sS.~ ~ ha nHt ~ Y-/~ e ~ For City Affomey 2005 Henry Garrett Mayor, The City of Corpus Christi H:~LEG.-DIR~oseph~_oning-05\0605-08Regular doc Page 3 or 3 Corpus Christi, Texas __ day of ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez William Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\LEG-DIR',Joseph~_oning-O5\0605~)SRegular doc 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Work-Force 1, Quarterly Update, RickZamarripa OUTSIDE PRESENTER(S): Name Title/Position Orrlanization Rick Zamarripa Director of Business Development. Work-Force 1 ISSUE: Work-Force 1 Quarterly Update highlighting Current Work'force Initiatives, Future Initiatives, and Progress Made by Work-Force I to date. BACKGROUND: None REQUIRED COUNCIL ACTION: None Additional Background Exhibits Oscar R. Ma~in~z Assistant City Manager 18 NO ATTACHMENT FOR THIS ITEM 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation regarding Council Focus Area - Downtown STAFF PRESENTER(S): Name 1. Oscar R. Martlnez Title/Position Assistant City Manager Organization City of Corpus Christi ISSUE: At the Goal Setting Retreat held on May 2, 2005, the City Council established 6 Pdodty Focus Areas. The Downtown area (including vacant buildings, Shoreline improvements and the Coliseum) was idenlJfied as one of these focal points. This is the third of six Focus Areas to be presented for implementation in the coming year. REQUIRED COUNCIL ACTION: No formal action is required at this time. Assistant City Manager 20 CITY COUNCIL AGENDA MEMORANDUM AGENDAITEM: July 19, 2005 ISSUE: Resolution authorizing the City Manager or his designee to execute a project agreement with the Corpus Christi Business and Job Development Corporation ("Corporation") regarding implementation and administration of agreement to grant business incentives to McTurbine, Inc. for the creation of 100 jobs. Resolution approving contract between Corpus Christi Business and Job Development Corporation and McTurbine, Inc. for $500,000 of economic development sales tax monies for reimbursement of construction costs for new 40,000 square foot helicopter maintenance facility for creation and employment of 100 new full-time positions. The Corpus Chdsti Business and Job Development Corporation authorized staff to enter into negotiations with McTurbine, Inc. on May 19, 2005. In order to fully execute the agreement, the City Council must pass a resolution approving the contract between the Corporation and McTurbine, Inc. In addition, Council action is needed to enter into a project agreement with the Corporation to administer the project. BACKGROUNDINFORMATION: The Corpus Christi Business and Job Development Corporation ("Corporation") is charged with the responsibility of approving expenditures for funds generated by the Economic Development Tax, which was approved by voters in November 2002. McTurbine, Inc. is a local repair, overhaul, and manufacturing company specializing in helicopter turbine engine support to commercial and governmental entities worldwide. McTurbine's Certifications and Licenses include: 1) FAA Repair Station 2) ISO 9001-2000 Registered 3) Veteran Owned Small Business 4) Honeywell Licensee for T53 and T55 Engines 5) Goodrich Licensee for Fuel Accessories McTurbine has several U.S. Government Contracts and Sub-Contracts supporting the U.S. State Department, USAF, and Friendly Foreign Militaries via U.S. Army Foreign Military Sales (FMS) Contracts. The funds suppoding FMS Contracts are generated by foreign customers, thereby, importing foreign monies into the Corpus Christi economy. Increased business has created a capacity demand that McTurbine's current leased facility does not support. McTurbine will be building a 40,000 square foot production facility and engine test facility, while adding 100 new jobs in addition to the current 45 person staff. The average wage for McTurbine employees will be approximately $20 per hour. McTurbine also provides health, dental, long term disability insurance, and a profit sharing plan for its employees. Required Council Action: Approve the resolution as presented. CONCLUSION AND RECOMMENDATION: City staff recommends adoption of the resolutions as presented. Oscar Martinez Assistant City Manager RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PROJECT AGREEMENT VVlTH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION ("CORPORATION") REGARDING IMPLEMENTATION AND ADMINSTRATION OF AGREEMENT TO GRANT BUSINESS INCENTIVES TO MCTURBINE, INC. FOR THE CREATION OF 100 JOBS WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes ("Development Corporation Act of 1979") empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Chdsti passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation's Board of Directors ("Board"); VVHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003, adopted the Corporation's Guidelines and Criteda for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; VVHEREAS, McTurbine, Inc. has submitted a proposal to the Corporation to request business incentives of approximately $500,000 to be used to assist McTurbine, Inc. in its construction of new 40,000 square ft. or larger facility and engine facility, to be built on property owned by McTurbine, Inc. at 401 Junior Beck Drive in Corpus Christi, Nueces County, Texas, ("Facility"), for total McTurbine, Inc. capital investment of Three million one hundred dollars $3,100,000) to allow McTurbine, Inc. to create and employ additional 100 new full-time employment positions at Facility; WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to McTurbine, Inc. to be used by McTurbine, Inc. to reimburse costs for construction of new helicopter maintenance facility which will result in creation of 100 new full-time permanent jobs in the city of Corpus Christi; Page 2 of 2 WHEREAS, the Board desires to contract with the City to allow the City to administer funding on behalf of the Corporation and perform contract administration responsibilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council authorizes the City Manager, or the City Manager's designee, to execute a Project Agreement with the Corporation to allow the City Manager or the City Manager's designee to administer funding on behaff of the Corporation and perform contract administration responsibilities associated with the Agreement between the Corporation and McTurbine, Inc. A copy of the Project Agreement is attached as Exhibit A, A'FI-EST CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: July 14, 2005 Lisa Aguilar~~ Assistant City Attorney for City Attorney H:\LEG-DIR\Lisa\Res 2005'¢~IcTurbine project agmt doc BUSINESS iNCENTIVES PROJECT AGREEMENT This Business Incentives Project Agreement (" Project Agreemenff') is entered into between the Corpus Chdsti Business and Job Development Corporation (ICorporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years, WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Chdsti, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003, adopted the Corporation's Guidelines and Cdteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, requires the City Council to approve all ~)rograms and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's Guidelines and Criteria for Granting Business Incentives on May 13, 2003; WHEREAS, McTurbine, Inc. has submitted a proposal to the Corporation to request business incentives of approximately $500,000 to be used to assist McTurbine, Inc. in its construction of new 40,000 square ft. or larger facility and engine facility, to be built on property owned by McTurbine, Inc. at 401 Junior Beck Drive in Corpus Chdsti, Nueces County, Texas, ("Facility"), for total McTurbine, Inc. capital investment of Three million one hundred dollars $3,100,000) to allow McTurbine, Inc. to create and employ additional 100 new full-time employment positions at Facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business incentives be offered to McTurbine, Inc. WHEREAS, the Corporation and McTurbine, Inc. have executed an agreement to grant business incentives to McTurbine, Inc.for the creation of jobs (_Business~ Inc~_ntives Agreement~: McTu~bine, )nc Project Agreernent doc Page 1 of 3 In consideration of the covenants, promises, and conditions stated tn this Project Agreement, the Corporation and the City agree as follows: 1. Project Agreement to Implement Business Incentives Agreement. This Project Agreement between the City and the Corporation is executed to implement the Agreement to Grant Business Incentives to McTurbine, Inc. for the Creation of Jobs between the Corporation and McTurbine, Inc. 2. Term. The term of this Project Agreement runs concurrently with the term of the Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Agreement or the application of this Project Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Agreement, then the remainder of this Project Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a claUse 0r provision, as similar in terms to the illegal, invalid, or unenforceable McTurbine, Inc. Project Agreement.doc Page 2 of 3 clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Agreement automatically. 8. Captions. The captions in this Project Agreement are for convenience only and are not a part of this Project Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Agreement, The City of Corpus Christi Corpus Christi Business & Job Development Corporation George K. Noe City Manager Date: Attest Date: Armando Chapa City Secretary Approved as to Legal Form this day of July, 2005. Lisa Aguiiar Assistant City Attorney for City Attorney McTurbine, Inc. Projecl Agree~nent doc Page 3 of 3 Corpus Christi, Texas Day of ,2005 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex Kinnison John E, Marez Jesse Noyola Mark Scott RESOLUTION APPROVING CONTRACT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND MCTURBINE, INC. FOR $500,000 OF ECONOMIC DEVELOPMENT SALES TAX MONIES FOR REIMBURSEMENT OF CONSTRUCTION COSTS FOR NEW 40,000 SQUARE FOOT HELICOPTER MAINTENANCE FACILITY FOR CREATION AND EMPLOYMENT OF 100 NEW FULL-TIME POSITIONS WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes ("Development Corporation Act of 1979") empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective Apdl 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, Section 21 of the Development Corporation Act of 1979 requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board of Directors of the Corporation ("Board"), on May 5, 2003, adopted the Corporation's Guidelines and Criteda for Granting Business Incentives; WHEREAS, the City Council approved the Corporation's Guidelines and Criteda for Granting Business Incentives on May 13, 2003; WHEREAS, McTurbine, Inc. has submitted a proposal to the Corporation to request business incentives of approximately $500,000 to be used to assist McTurbine, Inc. in its construction of new 40,000 square fl. or larger facility and engine facility, to be built on property owned by McTurbine, Inc. at 401 Junior Beck Drive in Corpus Christi, Nueces County, Texas, ("Facility"), for total McTurbine, Inc. capital investment of Three million one hundred dollars $3,100,000) to allow McTurbine, Inc. to create and employ additional 100 new full-time employment positions at Facility; WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that contract be developed to provide business development funds to McTurbine, Inc. to reimburse up to $500,000 of its construction costs for new 40,000 square foot helicopter maintenance facility which will result in creation of 100 new full- time permanent jobs in the city of Corpus Christi; Page 2 of 2 WHEREAS, the City Council has determined that it is in the best interests of the Corporation and the citizens of Corpus Christi, Texas that the proposed McTurbine, Inc. project and its associated expenditure be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves contract between the Corpus Christi Business and Job Development Corporation and McTurbine, Inc, to reimburse McTurbine, Inc. for up to $500,000 of its costs to construct 40,000 square foot new helicopter maintenance facility to create and employ 100 new jobs. A copy of the agreement is attached as Exhibit A. A'I-rEST CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved: July 14, 2005 Lisa Aguilar Assistant City Attorney for City Attomey H:~.EG-DIR\I Isa\Res 2005~McTurblne Inc. 4A Board AgmLdoc AGREEMENT TO GRANT BUSINESS INCENTIVES TO MCTURBINE, INC. FOR THE CREATION OF JOBS This Agreement to Grant Business Incentives for the Creation of Jobs ("Agreement") is entered into by and between the Corpus Chdsti Business and Job Development Corporation ("Corporation"), a Texas nonprofit corporation organized under V.A.C.S. Art. 5190.6, Sec. 4A, with mailing address of 1201 Leopard, Corpus Chdsti, Texas, 78401, and McTurbine, Inc., a Texas corporation, with principal place of business currently at 1902 Holly Road, Corpus Christi, Texas 78417-2915. I. BACKGROUND 1.1. Project. McTurbine, Inc. shall construct a new 40,000 square ft or larger facility and engine test facility, to be built on property owned by McTurbine, Inc. at 401 Junior Beck Ddve in Corpus Christi, Nueces County, Texas, 78405, ('Facllity'), for total McTurbine, Inc. capital investment of Three million one hundred dollars ($3,100,000). McTurbine desires the assistance of the Corporation. The Facility shall be utilized by McTurblne, Inc. for its distribution, maintenance, repair, and fabrication of helicopter engines and components. 1.2 Purpose of Agreement. Corporation and McTurbine, Inc. wish to enter into an agreement whereby the Corporation will provide financial assistance for the following: reimbursement of McTurbina Inc. actual architectural, engineering, and construction costs for completion of construction of Facility, up to a maximum of five hundred thousand dollars ($500,000). In consideration of Corporation's financial assistance, McTurbine shall create and continuously employ minimum of additional one hundred (100) full time employment positions at its Facility within three years from effective date of this Agreement_ II. BUSINESSINCENTIVES 2.1 McTurbine, Inc. shall submit monthly requests to Corporation to be reimbursed for McTurblne Inc. actual and verified construction costs incurred dudng the billing month, up to total of $500,000 in requested reimbursements. 2.2 McTurbine, Inc. specifically acknowledges that Corporation shall only pay the reimbursement amounts solely out of its economic development sales tax revenue collected during the term of this Agreement. Should the actual sales tax revenue collected for any one year be less than the total amount of grants to be paid to all parties contracting with the Corporation for that year, then, all contracting parties shall receive only their pre rata share of the available sales tax revenue for that year and Corporation shall not be liable to McTurbine, Inc. for any shortage. 2.3 McTurbine, Inc. shall allow Corporation reasonable access to McTurbine's construction site to allow Corporation to verify construction progress. 2.4 McTurbine, Inc. shall allow Corporation reasonable access to records of McTurbine to allow Corporation to verify requests for construction reimbursement payments. 2.5 All Corporation payments are subject to the McTurbine's successful completion of all of performance requirements outlined in this Agreement ~.~ll~ il"~''t' 7~' Page 1 of 10 CONSTRUCTION REQUIREMENTS 3.1 McTurbine, Inc. agrees to construct new 40,000 square fl. or larger production facility and engine test facility, ("Facility"), to be located on property owned by McTurblne, Inc. at 401 Junior Beck Drive in Corpus Christi, Nueces County, Texas, 78405, more fully described in Exhibit A. 3.2 McTurbine, Inc, agrees that its Facility shall be utilized throughout the term of this Agreement for its distribution, maintenance, repair, and fabrication of helicopter engineers and components. 3.2 McTurbine, Inc. agrees that construction of Facility shall be completed within 12 months of the execution of this agreement. 3.3 McTurbine Inc. shall begin full operation at Facility within two months from completion of construction. Completion of construction occurs with the issuance of Certificate of Occupancy by the City of Corpus Chdsti. 3.4 McTurbine, Inc. agrees that its capital investment for this project is at least Three million one hundred thousand dollars ($3,100,000). 3.5 McTurbine, Inc. shall maintain insurance on the Facility, at McTurbine's expense, during the term of this Agreement, insurance of the type and with the amount of coverage shown on the Attachment, which is incorporated in this Agreement by reference. McTurblne, Inc. shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Agreement, at the limits and requirements shown on Attachment constitutes grounds for termination of this Agreement. The Certificate of Insurance must be sent to the Risk Manager pdor to occupancy of and operations at the Facility. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, matedal change, or termination of any coverage required in this Agreement. McTurbine, Inc. shall provide, duflng the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by ['he City Manager. The Risk Manager shall retain the dght to annually review the amount and types of insurance maintained by McTurblna, Inc. to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted, in the event of any necessary increase, McTurbine, Inc. shall receive thirty (30) days wrfften notice pdor to the effective date of the requirement to obtain Increased coverage. McTurbine, Inc. shall, pdor to any addition or alteration to, in, on, or about the Premises, obtain pdor clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing Insurance coverage maintained by Lessee. IV. EMPLOYMENT REQUIREMENTS 4.1 McTurbine, Inc. agrees to create and maintain at least one hundred (100) new full-time Jobs, permanent jobs at its Facility within three years from Apd127, 2005, the date McTurbine, Inc. submitted its application for business incentives to Corporation. A full-time permanent job is one that provides at least 2,080 hours annually. McTu~blne, ]rm.~lldoc.doc Page 2 of 10 4.2 The jobs shall be primarily engaged in serving a customer base outside a 50-mile radius of the city of Corpus Christi. 4.3 In order to count as a job under this Agreement, the job must pay wages as required In Section 38 (b) of the Development Corporation Act of 1979: 4.4 McTurbine, Inc. agrees to maintain the new full-time permanent jobs created under this Agreement throughout the remainder of the term of this Agreement. 4.5 By January 15 of each year of this Agreement, McTurbine, Inc. agrees to provide Corporation with a swom certificate by its corporate officer in charge of personnel records certifying the following: (i) the number of full-time permanent employees at its Facilities as of December 31 of the previous calendar year; and (ii) the number of full-time permanent jobs which were created dudng the previous calendar year, with houdy wage. 4.6 McTurblne, Inc. shall allow Corporation reasonable access to McTurbine's personnel records to verify the job creation qualification V. COVENANTS AND WARRANTIES 5.1 McTurbine, Inc. warrants and represents to Corporation the following: 5.1.1. McTurbine, Inc. is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Chdsti, Texas. 5.1.2 McTurbine, Inc. has the authority to enter into and perform, and will perform, the terms of this Agreement_ 5.1.3 McTurbine, Inc. has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem and employment taxes, have been timely paid, and will be timely paid, during the term of this Agreement. 5.'1.4 No litigation or governmental proceeding is pending or, to the knowledge of McTurblne, Inc. or McTurbine Inc. officers, threatened against or affecting McTurbine, Inc. that may result in any matedal adverse change in McTurbine's business, properties, or operations. 5_1.5 No statement or information provided by McTurbine, Inc. to Corporation or the City of Corpus Chdst~ contains any untrue statements or fails to state any facts necessary to keep the statements contained therein from being misleading. 5.1.6 To the best of its knowledge, McTurbine, Inc. has acquired and maintained all necessary dghts, licenses, permits, and authority to carry on its business operations in McTurt~ne, Inc, lldoc,doc Page 3 of 10 Corpus Chdsfi, Texas, and will continue to use its best efforts to maintain all necessary rights, licenses, permits and authority. 5.1.7 The funds herein granted shall be utilized solely for the purpose of offsetting the cost of Facility construction. 5.1.8 McTurbine, Inc. shall continue its full-time business activities on its property in Corpus Chdsti, Texas, including maintaining its employment and investment requirements at all times throughout the term of this agreement. 5.1.9 McTurbine, Inc. shall complete the project required by this Agreement and shall provide and staff the required employment positions described in this Agreement. 5.1.10 McTurblne, Inc. shall timely and fully comply with all of the terms and conditions of this Agreement. 5.1.11 McTurblne, Inc. may not sell stock, assets, or any ownership interest in McTurbine, Inc. that would be more than twenty (20) percent of McTurbine Inc.' s total authorized and issued stock, assets or ownership interest, without pdor written notice to the Corporation and City of corpus Chdsti. 5.1.12 McTurbine, Inc. shall notify Corporation in writing of substantial changes in management within seven (7) days. Substantial changes mean changes in Chairman of the Board, President, C.E.O. or area management. 5.1_8 McTurbine, Inc. has received a copy of the Texas Development corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. 5.1.9 In the event it is determined by corporation or City of Corpus Chdsti that funds provided under this Agreement were not used in accordance with State law, then McTurbine, Inc. agrees to repay such funds to the Corporation within 30 days of written notice requesting reimbursement. 5.1.10 If an audit determines that the funds were not used for authorized purposes, McTurbine, Inc. agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. 5.1.11 There are no bankruptcy proceedings currently pending concemlng McTurblne, Inc., nor are any such proceedings contemplated by McTurbine, Inc., as of the date of execution of this Agreement by McTurbine, Inc. 5.1.12 The parties executing this Agreement on behalf of McTurbine, Inc. are duly authorized by its Board of Directors to execute this Agreement on behalf of McTurblne, Inc. 5.1.13 McTurblne, Inc. will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services McTud:~ne, Inc,lldoc.doc Page 4 of 10 at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 5.1.14 McTurbine, Inc. agrees to provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. 5.1.15 McTurbine, Inc. shall provide Corporation with evidence of its ownership of real property located at 401 Junior Beck Drive, Corpus Chdsti, Nueces County, Texas, 78405 upon which Facil~ shall be constructed. 5.2 All representations, warranties, covenants and agreements of the parties, as well as any rights and benet-~s of the parties pertaining the transaction contemplated hereby, shall survive the odginal execution date of this agreement. VI. DEFAULT 6.1 Events of Default. The following events constitute a default of this Agreement: 6.1.1 Failure of McTurbine, Inc. to timely, tully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement; 6.1,2 The Corporation or City determines that any representation or warranty on behalf of McTurbine, Inc. contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any matedal respect when made; 6.1.3 Any judgment is assessed against McTurbine, Inc. or any attachment or other levy against the property of McTurbine, Inc. with respect to a claim remains unpaid, undischarged, or not dismissed for a pedod of 30 days. 6.1.4. McTurbine, inc. files a pet~on in bankruptcy, or is adjudicated insolvent or bankrupt. 6.1.5 If taxes on the Facility become delinquent, and McTurbine, Inc. fails to timely and properly follow the legal procedures for protest or contest. 6.1.6 McTurbine, Inc. changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 6.1.7 Foreclosure or sale of the Facility. 6.2 Notice of Default. Should the Corporation or City determine that McTurbine, Inc. is in default according to the terms of this Agreement, the Corporation or City shall notify McTurbine, Inc. in writing of the event of default and provide thirty (30) days from the date of the notice ("Cure Period") for McTurblne, Inc. to cure the event of default. McTurbl~e, ~nc. lldoc.doc Page 5 of 10 6.3 Results of Uncured Default. After exhausting good faith attempts to address any default dudng the Cure Pedod, and taking into account any extenuating cimumstances that might have occurred through no fault of McTurbine, Inc., as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: 6.3.1 McTurbine, Inc. shall immediately repay all amounts of reimbursements paid by Corporation under this Agreement, with interest at the interest rate paid by the City on its most recently issued general obligation bonds from date of expiration of Cure Period until fully paid. 6.3.2 McTurbine, Inc. shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. 6.3.3 The Corporation shall have no further obligations to McTurbine, Inc. under this Agreement. 6.3.4. Neither the City nor the Corporation may be held liable for any consequential damages. 6.3.5. The Corporation may pursue all remedies available under law. 6.4 In the event of unforeseeable third party delays in the construction of the Improvements or force majeure and upon a reasonable showing by McTurbine, Inc. that it has immediately and in good faith commenced and is diligently and continuously pursuing the correddon, removal or abatement of such delays by using its best efforts, Corporation may consent to and excuse such delays, which consent and excuse shall not be unreasonably withheld. Failure by McTurbine, Inc. to use its best efforts as required in this paragraph shall be an act of default. Force majeure means severe weather such as tomadoes or flooding, wars, dots, and the unavailability of necessary and essential equipment and supplies from all sources. 6.5 Any delay for any amount of time by Corporation in providing notJce of default to McTurbine, Inc. shall In no event be deemed or constitute a waiver of such default by Corporation of its dghts and remedies available under this agreement, or in law or equity. 6.6. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. 6.7 No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. 6.8 Any waiver or Indulgence of McTurbine, Inc.'s default may not be considered an estoppel against the Corporation. VII. GENERAL TERMS McTurt~lne, Inc. lld~c.doc Page 6 of 10 7.1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 7.2 Term. The term of this Agreement is five years from the Effective Date. 7.3 Termination. This Agreement may be terminated by mutual agreement of the parties or by either party, upon the failure of the other party to fulfill an obligation as set forth herein. The termination of this agreement shall extinguish all dghts, duties, obligations, and liabilities of the parties under this Agreement, except all dghts, duties, liabilities, and obligations accrued pdor to such termination shall suave termination. 7.4 Compliance with Laws. McTurbine, Inc.shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, County and City governments, as may be amended or enacted. 7.5. Assignment. McTurbine, Inc. may not assign all or any part of its dghts, privileges, or duties under this Agreement without the prior written approval of the Corboratlon and City. Any attempted assignment without approval Is void, and constitutes a breach of this Agreement. 7.6 Indemnity. McTurbine, Inc. covenants to fully Indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("lndemnltees") against all liability, damage, loss, claims, demands, and actions of any kind on account of personal Injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are In any manner connected with, or are claimed to arise out of or be In any manner connected with Mc Turblne, Inc. activities conducted under or incidental to this Agreement, Including any Injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnltees. McTurblne, Inc. must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attotweys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 7.7 Buy Local Provision. McTurbine, Inc. agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacdflce in operating efficiency. For the purposes of {his section, the term "local" as used to descdbe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. 7.8 Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: McTurbine, In~lldoc,do~ Page 7 of 10 McTurbine, Inc.: McTurbine, Inc. cio Ken Essary Vice President and General Manager 1902 Holly Road Corpus Chdsti, Texas 78417-2915 Corporation: City of Corpus Christi Business and Job Development Corporation Attn: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Chdsti Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78489-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 7.9 Incorporation of other documents. a. The Corpus Christi Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives ("Corporation Guidelines'), adopted May 5, 2003, are incorporated into this Agreement. b. McTurbine, Inc. application submitted to the Corporation for business incentives ("Application") is incorporated into this Agreement. c. If there is any conflict in the terms of these documents, the following order controls: (i) This Agreement, (Ii) Corporation Guidelines, (iii) Application. 7.10 Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7.11 Relationship of Parties. In performing this Agreement, both the Corporation and McTurblne, Inc. will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. McTurblr~, Inc, lldoc.doc Page 8 of 10 7.12 Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 7.13 Severability. 7.13.1 If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 7.13.2 To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective dudng the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 7.14 Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas 7.15 Sole Agreement. This Agreement constitutes the sole agreement between the Corporation and McTurbine, Inc.. Any pdor agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Corpus Christi Business & Job Development Corporation By: Name: Title: Date: McTurbine, Inc. Federal Tax ID No.: McTurblne, Inc.lldoc.doc Corporate Seal: Page 9 of 10 The State of Texas§ County of Nueces§ Before me, (Notary's name), on this day personally appeared Ken Essary, Vice President and General Manager of McTurbine, Inc. Inc., known to me to be the person whose name is subscribed to the foregoing Instrument and acknowledged to me that he executed the same in the capacity stated as the act of McTurbine, Inc., Inc., a Texas corporation, for the purposes and consideration expressed in the instrument. Given under my hand and seal of office this the day of ,2005. Notary Public In and for the State of Texas McTurbirm, Inc. lldoc, doc Page 10 of 10 mom 21 CITY COUNCIL AGENDA MEMORANDUM July 19, 2005 AGENDA ITEM: A. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for severance; and providing for publication. B Ordinance amending the franchise granted to Texas Cable Partners (Time Wamer) regarding cable operator use of access channels when not in use by access channel users. ISSUE: A. The Channel 10 Public Access User Group forwarded requested changes to the Rules and Procedures to the Cable Communications Commission, who concurred with changes. B. The Time Warner franchise agreement needs to be modified to be consistent with similar provisions in the Grande Communications cable franchise. REQUIRED COUNCIL ACTION: Approval of the Ordinances REVlOUS COUNCIL ACTION: The Rules and Procedures were last amended in October 2004. The franchise was approved in June 2002. CONCLUSION AND RECOMMENDATION: Approval of the Ordinances Susan Cable Director, E-Government Services BACKGROUNDINFORMA~ON The following changes to the public access rules have been agreed to by the Channel 10 public access user group, Cable Communications Commission, and cable operators: 1. Cosmetic changes: a) replace "user~' with "producer", b) correct capitalization and titles 2. Tape requirement: include labels on face of tape and tape sleeve box 3. Time slot lottery: a) allow applications up until lottery; b) lottery dates now week certain, instead of date certain; c) PAUG board select date 4. Forfeit of monthly time slot:: a) lose monthly time slot if fail to turn tape within first two weeks of new lottery schedule; b) subject to appeal to Commission 5~ Programming may not be t]'ansmitted that portrays cdminal act as being condoned or acceptable behavior. 6. Addition of DVD as allowable format for programming The Channel 10 Public Access User Group proposed two additional changes that were approved by the Commission: 1) allowing nonresident property owners to become public access producers (Time Warner objected to this change, and stated it expanded the scope of public access beyond the original agreement ) and 2) removal of program tape date (Time Warner disagrccd with this change, and stated the program date provides the viewer with valuable information regarding the timeliness of the program). The Rules and Procedures require cable operators consent to any change which imposes a greater obligation. Staff recommends that the Rules and Procedures be amended as presented in the attached ordinance. Additionally, the Cable Communications Commission has recommended that the Time Warner franchise agreement be amended to allow the cable operator to utilize access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon the written approval of the City, to be consistent with similar provision in Grande Communication franchise agreement. The Master Cable Services Regulatory Ordinance requires cable franchises to contain competitively neutral terms. All parties agree with this amendment. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article XVIII of Chapter 55 o[ the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows: "EXHIBIT A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Editor's note: Set forth herein is Exhibit A to Ord. No. 24929, the Master Cable Services Regulatory Ordinance (referenced in section 55-302), amended by Ord. No. 025679, § 1, adopted Mar. 23, 2004 and Ord. No. 026008, § 1, adopted Oct. 26, 2004. A uniform style of section designatJon, paragraphing, and capitalization has been employed so that these provisions, while generally compatible with Code style, may also be distinguishable as an appendage to Ord. No. 24929 codified as Art. XVIII in Ch. 55. SUMMARY OF ROLES/RESPONSIBILITIES/PROCESS Public access ur, em producers: Individuals produce programming for cablecasting following specific participation rules and adhedng to production standards. To obtain a regular weekly or monthly time slot, users producers padicipate in biannual public access time slot lottery. These are called sedes users producers. For random placement of nonrecurring show (i.e., a show that is not regularly produced), usem producers submit tapes, which are inserted in available time slots by the PAUG. These are called occasional users producers. Public access user group (PAUG): 'Jccrc Producers organize themselves according to by-laws, electing among themselves officers and a board of directors. The PAUG conducts a biannual public access time slot lottery for each public access channel according to the rules and procedures, and uses those results to develop a public access schedule for each channel. The PAUG receives and schedules programming submitted by occasional users-producers. The PAUG collects and makes available by cable operators the schedules and tapes for each channel. The PAUG administers the rules and procedures; '-"cc~ producers may appeal decisions of the PAUG board to the cablo commission Cable Communications Commission and, after that,to c,,¢"*' ....... ........ a City Council. The PAUG may require series uscrc producers to pay nominal fees to offset minor operational expenses. There may be a separate PAUG for each public access channel. Public Access Changes July 2005.DOC 2 Cable operators: Franchised cable operators each provide plug-and-play of public access programming according to the schedule provided by the PAUG. C3blo commlccion: Cable Communications Commission: The cable commission Cable Communications Commission mediates any disputes brought to it by the PAUG. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Channel space on public access channels is available free oi' charge to any adult resident of the Cily of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Chdsti. Submitted program tapes will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the cable communicationc commiccion, Cable Communications Commission with the consent of the cable operators. These rules may be amended by w,.. ..... d Cib/Council following recommendation from the .... commiscion Cable Communications Commission or franchised cable operators in the City of Corpus Christi. § 1 Rules for participation. Usecs Producers must complete and sign a programming contracL In signing the programming contract, the user warrants that the following rules will be observed: All programs must be produced by a user as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code. Maximum time to request contributions in a program is tire minutes. No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. No/~ro;/ram shall be transmitted that portrays anv criminal act as beln;I acceptable or condoned behavior. No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. PUBLIC ACCESS CHANGES JULY 2005.DOC 3 Format: a. l=leem Producers must trans[er all other formats (including 1/2" Beta, VHS "C", Super VHS, Reg 8, 3/4 U-Matic, and 1" tapes) to 1/2" VHS (SP spccd) tapes, Super VHS tapes, e¢ Consumer DV tape, or DVD for cablecasting. b All tapes must be rewound to beginning of tape. c. As new technology changes and formats become more conventional in the consumer markets, additional [ormats may be added to reflect current market use. The decision to add or delete formats will be made by the cablo commission Cable Communications Commission based upon a request from an access user group and/or the cable operator(s). Labeling: All u",,c~ producers must clearly label tapes on face of the tape and tape sleeve box as follows: a. Name of individual producer and organization (if applicable) and telephone number b. Title of the program c. Length of the program On the spine of the tape: a. Title of the program b. Timo clot numbor (as detormined by time slot Iottory) Identification: Only one program may be recorded on a tape. a. There must be either 60 seconds of color bars followed by 10 seconds of black or 60 seconds of black at the beginning of your program. b. There must be 60 seconds of black at the end of your program. c. Programs must include the program identification as defined in section 4. Length: a All one-hour programs must be 59 minutes in length. b. All half-hour programs must be 29 minutes in length. c. Occasional programming beyond 59 minutes (such as high school sporting events) may be shown pursuant to rules established by the cable communications commission Cable Communications Commission with consent of the cable operators. Deadline: The access user groups will establish deadlines for pickup and delivery of tapes, in cooperation with the cable operators. § 3 How programs are scheduled. Public access for series usem producers. PUBLIC ACCESS CHANGES JULY 2005.DOC 4 Time slots: Series programs am given a regular weekly or monthly time slot. Time slots are awarded dudng the semi-annual time slot lottery. Conflicts on requests for time slots will be submitted to the commi~_,ion Cable Communications Commission for arbib'ation. Each user producer may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in section 3, Lotteries and Schedules. Pursuant to rules established by the access user group, a user producer may substitute another program in place of the repeal program. Application: No lator than two wooks prior to oach biannual time clot Iottory, each codes ucer muct ~ubmit a completod public aooecc cablocacting applicaUon to their rocpoctJvo acoocs ucor group, and provide curront copiec to cablo oporatom, No later than the niqht of the bi-annual Ume slot lottery each producer must submit a completed public access cablecastinq application to their respecUve access users qroup including the following items: a. Ucc¢c Producer's name b. Program name c. Length of the program d. Frequency (weekly or monthly) The PAUG Board of Directors will provide copies of applications to the Cable Operators no later than two weeks after the time slot lottery is conducted. e. Access channel (10 or 18) (Note: An individual uccr produc,,er or organization must select one channel for cablecasting of both first-run and repeat showings. Programs cannot be run on both channels.) f. Address and telephone number Howover, applicationc for the fall 2004 timo clot lottery may bo cubmittod anytimo bofore the time clot Lotteries and schedules: Them are two lottery pedods. The spdng Iottew period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery pedod begins the first Sunday in December through the day preceding the first Sunday in June. I, Jser-s Producers will attend the time slot lottery as noted in a. and b. below. Lotteries will be conducted as follows: a. The spring lottery is conducled c,-. !hc fourth Thumday in Apdl in ~he last week of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the da,/and time of the lottery. b. The fall lottery is conducted on the fourth Thursday in October in the last week of October with the new time slots actually beginning on the first Sunday in December, except that tho fall 2004 Iottory chall bo conductod on Novembor 18, 2004. The PAUG Board of Directors shall determine the dav and time of the lottery. The public access time schedule will be broken into 30-minute intervals. PUBLIC ACCESS CHANGES JULY 2005.DOC Each use¢ producer will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. The selection numbers will be determined by random selection Based on selection numbers, each user, one-by-one, selects an available time slot. After all aee~ producers select time slots for their first-run shows, those requesting a repeat showing will then select their time slots in same order as the initial time slots were selected, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery periods. One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional ur, ecs producers. Single time slots of lengths as noted above in section 2, Length, will be available for occasional i~secs producers on a first-come, first-served basis. Occasional users producers must complete a public access cablecasting application no later than two weeks pdor to the desired cablecasting date and comply with all rules set forth heroin. First-come, first-served is determined upon receipt by the PAUG secretary. In addition to a first-run showing, a program may be repeated as channel space allows, not to exceed one repeat per show. A program may be broadcast as an original in subsequent lottery pedods. No programs will be scheduled during holidays. Forfeit of time slot. If a sonos user fails to supply tapos for two consecutive wocks for a wookly program, the user forfeits the time slot for the remaindor of that Iottory period. A series producer of a monthly program must supply a tape within the first two weeks of the new lottery schedule or forfeit the timo slot for tho remainder of that lottery IX)dod. After that, if a r, edos u~or produ~or fails to supply a tapo for a monthly program during thc month of schedulod aidng, the uscr producer forfeits the time slot for the remainder of that lottery podod. If a series producer fails to supply tapes for two consecutive weeks for a weekly proclram, the producer forfeits the time slot for the remainder of that lottery period and the proqram shall be removed from the schedule for the remainder of the lottery pedod by the PAUG Board of Directors. A series producer of a monthly proclram must supply a tape for turn in to the Cable Operator within the first two (2) weeks after the beqinnincl of the new Iotten/schedule or forfeit the time slot for the remainder of that lottery period or the ~o~lram shall be removed from the schedule by the PAUG Board of Directors. After that, if a producer fails to SUl:)plv a tape for a monthly proclram dudncl the first two (2) weeks of scheduled aidnq, the producer forfeits the time slot for the remainder of that lottery pedod. The decision to remove a proqram from the schedule may be appealed by the producer by submittin¢l an appeal in wdtincl to Office of the Cit,/Secretary for the Cable Communications Commission. § 4 Defined terms. Access user group -- As set forth in the City Code of Ordinances, section 2-183, membership of the access user group may be composed of any individuals who are residents of the city as well as representatives of community, public interest, or neighborhood, notwithstanding any other provision, representatives of the cable operator may be members of the access user group. Access user groups PUBLIC ACCESS CHANGES JULY 2005.DOC 6 are organized separately and independenUy from the city and are not boards, commissions, committees or any other subdMsion of the city. One access user group may be established for each public access channel. Each user is entitled to vote on all matters pertaining to establishment of access user group bylaws and election of officers. Commercial programming - Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, direcUy or indirecUy to promote any service, or product; or includes commercial advedlsing of any kind; or contains lottery or sweepstakes information. The cable communications commicsion Cable Communications Commission has established guidelines concerning the advertisement of commercial products or services in an access program. Holidays - Martin Luther King, Jr. Day, Memodal Day, Foudh of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming -- means programming taped in the Corpus Chdsti region, or pertaining to locally specific issues, or pertaining to local residents. Program identification - The tag at the beginning and end o[ the program must bear the user producer name, and title of program as it appears on the user application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program. Public access channel (sometimes herein "channel") -- This is the cable television channel or channels on which public access programs are cablecast, currently Channels 10 and 18. Public access time allocated schedule - The block of time slots allocated to each public access channel that are available and are allocated by lottery dudng the semi-annual lime slot renewal period The block of time will be determim~l by each PAUG by calculating the number of users producers and programming hours for all shows including repeats. The intent is to develop a block of ~me slots that provide for consecutive programming, without gaps in the programming schedule. Repeat program - A program which was previously aired on any public access channel. Semi-annual time slot renewal period -- A pedod beginning April and October of each year, dudng which all who wish to request a series for the upcoming six months must submit an application. Series - A locally produced public access show from a single uccr producer. A series can be either weekly or monthly. Usor Producer- Any adult resident of the city who, upon having paid any fees required by the access user group and having executed a program contract, produces locally noncommercial programs for the public access channels. Proof of eligibility must Include a local street residence address and a local contact lelephone number along with valid identification (such as a ddver's license). § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by ";*"v,., v .... cd City Council following recommendation from the c=b!e commission Cable Communications Commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to Lhe rules and procedures for public access cablecasting. In the event that a cable operator objects in wdting, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all padies. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. PUBLIC ACCESS CHANGES JULY 2005.DOC '7 § 6 Violation of rules. The Channel 10 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 10. The Channel 18 Access User Group Board of Directors will receive and investigate complaints concerning violations of the above rules on Channel 18. a. Violations of Section 1. No program will be permitted to air over the public access channels if a use¢ producer or program violates one or more o[ the rules identified in section 1. The access user group will inform the uccr producer who produced the program that is the subject of the complaint o1: the specific Section I rule that has been violated and of the complaining party's name and contact information, if a complaint has been received [rom an individual or group If a Section I rule has been violated, the Access User Group Board of Directors will mail written notice ol~ the violation to the use; [:)roducer. The notification letter shall be sent to both the individual u~cr producer and the group, organization or entity which an entity purports to represent, if there is a different contact person, via certified mail, return receipt requested, to the address provided in the application. The uscr producer may appeal the decision of the Access User Group Board o[ Directors to the ~-~.~b~c communications r_,ommir, sion Cable Communications Commission by physically delivering to the city secretary's office a written notice of appeal on or before eight (8) calendar days from the date the notification letter was mailed. The cablo communications commission Cable Communications Commission shall hold the hearing for appeal within thirty (30) calendar days from receipt by the city secretary's office of the notice o[ appeal. The appellant shall have at least three (3) calendar days' notice of the hearing. The access user group, the city, and the appellant may present evidence. The r_,ommir, cion Cable Communications Commission shall promptly render its decision. Appeals of commission Cable Communications Commission decision may be made to the c!~.y ccunc!! CiW Council in accordance with the procedures specified in the City Charter. If a second adjudicated violation of a Section I rule occurs within twelve (12) months after the first adjudicated violation, then the user producer will be ineligible to use the public access channels for thirty (30) days. If the third adjudicated violation of a Section I rule occurs within twelve (12) months after the first adjudicated violation, then the use~ producer shall be ineligible to use the public access channels for one year. Pedods of ineligibility to use the public access channels shall commence and removal of a program from the public access channel shall occur after the later of (a) the last day on which a uccr producer may timely commence an appeal of a decision specified in a notification letter, or (b) the date an appeal is concluded. A program finally determined to be in violation cannot be transmitted again until the violation has been remedied. Neither mulliple cablecasts of a single program nor multiple violations of these rules in a single program shall form the basis for more than one adjudicated violation o[ the above rules. b Violations of Sections 2 or 3 and General Complaints. (1) If a Uccr Producer or Access User Group Board of Directors has an internal complaint not covered by the rules and procedures, or a complaint regarding a violation of rules in Sections 2 or 3, the Uccr Producer or Access User Group Board of Directors shall follow procedures established by their group's certified by-laws. If a complaint is not resolved within seven (7) working days, a User or Access User Group Board of Directors shall submit the complaint, by e-mail or delivered in writing, to the Cable Communications Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (2) If a Us~ Producer or Access User Group Board of Directors has a complaint regarding a cable provider, that complaint shall be submitted, by email or delivered in writing, within three (3) working days, I:rom a User to the Access User Group and then from the Access User Group Board of Directors to the PUBLIC ACCESS CHANGES JULY 2005.DOC 8 cable provider within three (3) working days. The cable provider shall respond, by email or delivered in wdting, within three (3) working days. If a complaint is not resolved, a User or Access User Group Board of Directors shall submit the complaint by email or delivered in writing to the Cable CommunicatJons Commission, and the item shall be placed on the agenda for the next scheduled Cable Communications Commission meeting. (3) It a cable provider has a complaint regarding a Uccr Producer or Access User Group, the cable provider shall submit the complaint, by email or delivered in writing, within three (3) working days to the Access User Group Board of Directors. The access User Group Board of Directors shall submit a response, by email or delivered in writing, the cable operator within seven (7) working days. If a complaint is not resolved within seven (7) working days, the cable provider shall submit the complaint, by email or delivered in wdting, to the Cable Communications Commission, and the item shall be placed on the agenda [or the next scheduled Cable Communications Commission meeting. SECTION 2. If for any roason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by linal 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 3. Publication shall be made in the official publication o[ the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. PUBLIC ACCESS CHANGES JULY 2005.DOC 9 Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ,2005, by the following ~te: Rex A. KJnnison John E. Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garrett Brent Chesney Melody Cooper Jerry Garda Bill Kelly PASSED AND APPROVED, this the A']rEST: ,2005 by the [ollowing vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott __ day of ,2005. Armando Chapa City Secretary APPROVED: Lisa Aguilar ':.] Assistant City Attomey for City Attorney ,2005 Mayor Samuel L. Neal, Jr. Public Access Changes July 20051DOC ORDINANCE AMENDING THE FRANCHISE GRANTED TO TEXAS CABLE PARTNERS (TIME WARNER) REGARDING USE OF ACCESS CHANNELS WHEN NOT IN USE BY ACESS CHANNEL USERS WHEREAS, in 2002 in Ordinance Number 024928, City Council granted a 15-year cable i'ranchise ("Franchise") Io Texas Cable Partners, L.P. ("Company") for use of City dghts- of-way for company's cable system operations; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council authorizes the City Manager or designee to execute an amendment to the Franchise to authorize Company to utilize access channels for such other purposes as it may deem appropriate whenever the users are not utilizing the channels upon written approval of the City. A copy of the amendment is attached and on file in Office of City Secret~ry. SECTION 2. If [or 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 I'ull force and effect for its purpose. SECTION 3. 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 ChnstL TW Franchise amd. DOC AMENDMENT NO. I TO TIME WARNER (TEXAS CABLE PARTNERS) FRANCHISE The City of Corpus Christi and Texas Cable Partners, L. P. agree to amend Section 6.2 D of the cable franchise granted to Texas Cable Partners, L.P. ("Grantee") as follows: 1 Section 6.2 D of the Texas Cable Partners (Time Warner) cable franchise is amended to read as follows "D Non-Commercial Proqramminq. The Public Access channels provided under this Section 6.2 shall be used exclusively for Locally Produced Programming and no PEG Access Channel shall contain any Commercial Programming. Grantee shall be allowed to utilize the access channels for such other purposes as it may deem appropriate whenever the users are not utilizinq the channels upon the wdtten approval of the Ci~. 2. All other terms and conditions of the cable franchise granted to Texas Cable Partners, L.P. remain unchanged. in witness whereof, City of Corpus Christi and Grantee have executed this amendment this the day of ,2005 City of Corpus Christi By: By: George K. Noe Name: City Manager Title: Texas Cable Pamters State of Texas County of Nueces The foregoing instrument was acknowledged before me on ,2005 by George K. Noe, City Manager of the City of Corpus Chdsti, a Texas municipal corporation, on behalf of said corporation. Notary Public State of Texas STATE OF TEXAS COUNTY OF The foregoing instrument was acknowledged before me on , the limited partnership, on behalf of said partnership. ,2005, by of Texas Cable Padners, L. P., a Texas Notary Public State of Texas Franchise amd. DOC Henry Gan-eft Brent Chesney Melody Cooper Jerry Garcia Bitl Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: John E. Mare;, 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 Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Ke~y 2005 by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott PASSED AND APPROVED, this the __ ATTEST: day of ,2005. Armando Chapa City Secretary APPROVED: ~-~)~ Lisa Agu{larZ~~f~ Assistant City Attorney for City Attorney (~'- ,2005 Mayor Samuel L Neal, Jr. TW Franchise amd. DOC 22 CITY COUNCIL AGENDA MEMORANDUM July 19, 2005 AGENDA ITEM: An ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2005; 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 1"of each year. BACKGROUND: The proposed FY 2005-06 Operating Budget was submitted to Council on May 31, 2005. Subsequently, the Council has received four presentations covering various departments, funds and issues. FUTURE COUNCIL ACTION: July 26, 2005 - Second reading of Ordinance adopting the City of Corpus Chdsti Operating Budget for FY 2005-06, to be amended as needed subject to receipt of Certified Tax Roll from Nueces County Appraisal District. REQUIRED COUNCIL ACTION: Approval of Ordinance as submitt~Z~. Assistant Budget Director AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAl YEAR BEGINNING AUGUST 1, 2005; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2005, and ending July 31, 2006, and which Budget Proposal had been compiled from detailed information from the severa~ 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 Govemment Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(fl, 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 Chdsti, covering proposed expenditures amounting to $517,041,615 and estimated revenues amounting to $522,177,912 for the Fiscal Year beginning August 1, 2005, and ending July 31, 2006, 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 2005-2006) 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 Positions The number of positions budgeted for each police officer classification in the Police Department shall be: Police officer and senior police officer - 389* Lieutenant - 36 Captain - 15 Commander - 6 Assistant Chief - 1 Chief- 1 FY05-06 TOTAL 448 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a passffail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefiqhter Position The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter- 134' Firefighter Il EMS - 97 Firefighter II - Engineer - 70 Fire Captain - 78 District Fire Chief - 10 Assistant Fire Chief - 4 First Assistant Fire Chief - 1 Fire Chief- 1 FY05-06 TOTAL 395 *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 attrition. 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, pursuant to Section 102.011, Texas Local Govemment Code. The budget shall also be part of the archives of the City. SECTION 6. 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. Henry Garrett Brent Chesney Melody Cooper Jerry Gar¢ia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the __ Day of ,2005, by the following vote: Rex A Kinnison John E. Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ Day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED this the A'~FEST: ,2005, by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott __ Day of ,2005. Armando Chapa City Secretary APPROVED: July 13, 2005 Lisa Aguilar Assistant City A~orney for City Attorney Henry Garrett Mayor 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/19/2005 AGENDA ITEM: AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39- 301 DEFINITIONS; REVISING SECTION 39-303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; AND PROVIDING FOR PAY ADJUSTMENTS TO RELIEVE PAY COMPRESSION; REVISING SECTION 39-306 FULL TIME EMPLOYEES; R~;VISING SECTION 39-334 PLAN I BEREAVEMENT LEAVE; REVISING SECTION 39-338 PLAN I USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39-350 PLAN Il BEREAVEMENT LEAVE; REVISING SECTION 39-353 PLAN H USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE;.REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WI'IH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. ISSUE: Implementation of new Classification/Compensation Plan, Phase IV The continuing goal for the City of Corpus Christi is to deliver high quality services with fewer, more qualified, and better compensated employees. Effective August 8, 2005, it is proposed that (1) non-exempt employees in Pay Plan 100 Skill Based Pay System and Pay Plan 900 Non-Exempt (Overtime Eligible) in Section 39-303 of the City's Code of Ordinances, be granted a 2.25% pay increase effective August 8, 2005, and (2) pay structure range minimums and maximums in the pay plans described above, be concurrently granted a 2.25% pay increase. Phase IV does not apply to Police and Fire Personnel covered by collective bargaining agreements, unless they are included in the city's compensation plan based on the respective collective bargaining agreements. Attached is a summary of the ongoing progress made in the phased-in implementation of the Classification and Compensation study and the status of development and implementation of Skill-Based Pay (SBP) as a compensation system designed to support reengineering efforts in City departments. A limited Performance-BaseWMerit Pay Program is proposed for FY 2005-2006 for exempt employees in Pay Plan 300 Police & Fire Managerial, Pay Plan 400 Executives, Pay Plan 500 (a) Exempt (Overtime Ineligible Legal/Attorneys), Pay Plan 500 (b) Non-Exempt (Overtime Eligible Legal/Attorneys), Pay Plan 600 Exempt (Overtime Ineligible) and Pay Plan 1000 Exempt Engineers/Engineering Services (Overtime Ineligible) effective March 6, 2006_ Also effective March 6, 2006, employees in Pay Plan 900 Non-Exempt (Overtime Eligible) will be eligible for a one time merit bonus of $100 based on performance. Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pay Increases and Revisions to Language Each year a "housekeeping" Ordinance is prepared for the City Council to: Revise Pay Plans in Code of Ordinances, Chapter 39, Personnel, Sec. 39- 303, Standard Classifications, Pay Grades, and Ranges, to reflect pay increases, if any, and to include or exclude Council-Appointed positions, as directed by the City Council; Revise language in Code of Ordinances, Chapter 39, Personnel, if any, to clarify, add, delete, or update administrative rules and provisions related to compensation, classification, benefits, etc. See Background Information Section for proposed revisions. 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 2005-2006. CONCLUSION AND RECOMMENDATION: Competitive compensation and benefits package, re-engineering, and implementation of Skill-Based Pay Systems are components that support the City of Corpus Christi's cominuing 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, which support this goal for FY 2005-2006. Cy~h~a Ci darc-ia Director of Human Resources BACKGROUND INFORMATION 1. Compensation and Classification Study in 2001-2002 In FY 2002-2003, the City of Corpus Christi successfully implemented the Compensation & Classification 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 FY 2002-2003 and will continue in FY 2003-2004 with Phase 1V of the Plan in FY 2005-2006; The City of Corpus Cltristi's goal is to reach 100% of competitive Labor market rate for like positions with a phased-in approach, as guided by annual surveys. I1. Phase I Implementation in FY 2002-2003 In FY 2002-2003, the new Compensation and Classification Plan was implemented. 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 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. 111. Phase 11 Implementation in FY 2003-2004 Effective July 28, 2003, all Pay Plan Structures in Sec. 39-303 of the City of Corpus Christi's Code of Ordinances received 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 were granted a 3% pay increase, except for employees at the maximums of their pay ranges who received a 2% pay increase and remained at the maximum of the range as a result of the increases. Effective December 1, 2003, all Pay Plan Structures in Sec. 39-303 received 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 100% of market effective July 28, 2003. Employees in those Pay Plans were granted a 2% pay increase, except for employees who had reached the maximums of their pay ranges and had been at 100% of market since July 28, 2003. IV. Phase II1 Implementation in FY 2004-2005 Effective July 26, 2004, a 3% pay increase was concurrently implemented as follows: (1) granted to employees assigned to Pay Plan Structures in Section 39-303 of the City's Code of Ordinances, and (2) granted to minimums and maximums of pay structure ranges to all Pay Plans in Section 39-303. This increase was' apphed to Council Appointed Positions. V. Other Issues with Pay and Benefits in FY 2005-2006 City insurance premiums will increase in August 2005 as the City of Corpus Christi, like employers' nationwide, continue to battle rising medical and prescription drug costs. VI. Proposed Revisions To Chapter 39 of the City of Corpus Christi's Code of Ordinances: Revision of Code of Ordinances, Section 39-303, Standard Classification, pay Grades, and Ranges, to provide for a concurrently granted 2.25% general pay increase to employees in Pay Plan 100 Skill Based Pay System and Pay Plan 900 Non-Exempt Overtime Eligible and pay plan structures for Pay Plan 100 Skill Based Pay System and Pay Plan 900 Non-Exempt Overtime Eligible effective August 8, 2005. A limited Performance-Based/Merit Pay Program is proposed for FY 2005-2006 for employees in Pay Plan 300 Police & Fire Managerial, Pay Plan 400 (Executives), Pay Plan 500 (a) Exempt (Overtime Ineligible Legal/Attorneys), Pay Plan 500 (b) Non-Exempt (Overtime Eligible Legal/Attorneys), Pay Plan 600 Exempt (Overtime Ineligible) and Pay Plan 1000 Exempt Engineers/Engineering Services (Overtime Ineligible) effective March 6, 2006. Pay Plan 700 (a) Non-Exempt (Overtime Eligible) Information Technology and Pay Plan 700 (b) Exempt (Overtime Ineligible) Information Technology will not be covered by this limited performance-based/merit pay program, as these pay plans are being addressed through a competency/skill based progran~. Also effective March 6, 2006, employees in Pay Plan 900 Non-Exempt (Overtime Eligible) will be eligible for a performance based one time merit bonus of $100_ Add new Section 39-303, Subsection K, Pay Adjustments to Relieve Pay Compression, to address salary pay compression/equity issues when there is less than a 5% differential between the base pay of a Work Coordinator of a Skill Based Pay workforce and the highest base pay of a Skill Based Pay sub-zone in the same division_ Subsection K authorizes the City Manager to address salary compression problems that may arise due to the amount of pay received by Technicians in SBP when compared with Work Coordinators (supervisors) who are assigned to non-SBP Pay Plans. If not addressed, salary compression problems will likely result in morale and retention issues of otherwise highly skilled and productive employees. There wall also be little or no incentive to apply for supervisory jobs. Revise Section 39-301 Definitions to (1) correct the reference to the Family Medical Leave Act to the correct title of the act, Family and Medical Leave Act, and (2) clarify the hours per week. Revise Section 39-334 Plan I Bereavement Leave and 39-350 Plan 1I Bereavement Leave to allow City Manager discretion regarding paid bereavement leave in special cases of relationship not included as eligible family members, and for Plan I employees to clarify "up to" 24 or 36 hours may be granted. Revise Section 39-338 Plan I Use of Personal Leave and Vacation in Lieu of Sick Leave and 39-353 Plan II Use of Personal Leave and Vacation in Lieu of Sick Leave to reflect a change in the city's Family and Medical Leave Act policy whereby designated FMLA leave will run concurrently with other leave. VII. Status of Skill-Based Pay Development and Implementation in FY 2004-2005: Pilot Project for Skill-Based Pay (SBP) for Water Production Technician (O. N. Stevens Water Plant) and Wastewater Treatment Technician (Wastewater Treatment Plants) Skill-Based Pay Programs support reengineering and the development of multi-skilled workers through rewarding employees who continuously learn and acquire increasingly complex core skills required for a department to meet its business objectives. The Skill-Based Pay (SBP) Pilot Project for Water Production Technician (O. N. Stevens Water Plant) and Wastewater Treatment Technician (all Wastewater Treatment Plants) was implemented on August 11, 2003. This Pilot effbrt provided opportunities to work through problems and issues to successfully implement and track employees' development. Approximately 90% of SBP training is received on the job. 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 (MAXIMO) used by the Water and Wastewater Departments is being interfaced with the PeopleSofi Training Module in the City's Human Resources/Payroll System. Work Coordinators (supervisors), Planner/Schedulers, and Skill-Based Pay Coordinators work closely with employees and each other to ensure that training opportunities on required skills will be available. Computerized reports that Ixack on-the-job training progress through Work Orders will facilitate administration of the Skill-Based Pay Program. The City of Corpus Christi's 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 fi.om 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 of the range with demonstrated skills and a valid TCEQ license to operate a Water Production Plant or Wastewater Treatment Plant since skill proficiency determines compensation in a skill-based compensation plan_ B. Metro--Corn Technician (Police/Fire/EMS Dispatchers) Implemented Effective April 19, 2004 With the pay check of April 19, 2004, the City of Corpus Christi's Police/Fire/EMS Dispatchers were transitioned from their existing Pay Plan into SBP with the new title of Metro-Com Technician. C. SBP for Water Distribution and Supply and Wastewater Collections, Implementation Effective June 28, 2004, the Water Distribution Technician, Wastewater Collections technician and Water Supply Technician were rolled into the SBP program_ D. SBP for Storm Water and Gas Departments Effective February 7, 2005, the Gas Department went live on SBP with three tracks; Gas Construction Technician, Gas Operations and Measurement Technician, and Gas Service Maintenance Technician. The Storm Water Department went live with one track, Storm Water M&O Technician. E. Planned SBP Implementations in FY 2005-2006 Departments scheduled for SBP in FY 2005-2006 include: Park Maintenance, Streets and Solid Waste Services. The Facility Maintenance Department, after careful review of its operational functions, high level, specific skills of the employee, and the needs of the employees and the deparl~nent, has determined that the SBP model would not be the most eftective progression system for its area. Other competency based career progression and compensation programs will be evaluated for this department. ORDINANCE AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-301 DEFINITIONS; REVISING SECTION 39-303, STANDARD CLASSIFICATIONS, PAY PLANS, PAY GRADES, AND RANGES, AS AMENDED; AND PROVIDING FOR PAY ADJUSTMENTS TO RELIEVE PAY COMPRESSION; REVISING SECTION 39-306 FULL TEME EMPLOYEES; REVISING SECTION 39-334 PLAN BEREAVEMENT LEAVE; REVISING SECTION 39-338 PLAN I USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REVISING SECTION 39-350 PLAN II BEREAVEMENT LEAVE; REVISING SECTION 39-353 PLAN H USE OF PERSONAL LEAVE AND VACATION IN LIEU OF SICK LEAVE; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article 1II Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Sections 39-301, is amended to read as follows: Sec~ 39-301. Definitions. As used in this Article: O(F3/[anager includes the City Manager and his or her designee. FLSA means the federal Fair Labor Standards Act Fiv[L.4 means the federal Family and Medical Leave Act Full-time employee means any employee who works forty (40) base hours per seven (7) day work period in a regularly budgeted position. Part-time eligible £ositiot~ is one assigned base hours of twenty-five (25) or more per week, Part-time ineligible positron is one assigned base hours of tess than twenty-five (25) hours per week Tem.t~arctc) employee meat~s an,/etnp [oyee hired for a fixed term or to perform a specific task. SECTION 2 Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-303 is amended to read as follo~vs: Sec. 39-303. Standard Classifications, Pay Grades, and Ranges. (a) Classifications The classifications of employees of the City will include Pay Plan 100 (Skill-Based Pay); Pay Plan 200 (Temporary/Part-Time); Pay Plan 300 (Police and Fire Managerial Positions that are not covered in Collective Bargaining Agreements or in Executive Pay Plan 400); Pay Plan 400 (Executives); Pay Plan 500 (Legal/Attorney); Pay Plan 600 (FLSA Overtime Exempt); Pay Plan 700 (Information Technology); Pay Plan 900 (FLSA Overtime Eligible), as set forth in this section; Pay Plan 1000 (Engineering related/Engineers). This section does not apply to Police and Fire employees covered by collective bargaining agreerneuts. (b) Pay Plan IO0. Skdl-Based Pay Plan 100 includes pay range structures established for admimstration of the Citywide Skill-Based Pay System. The City Manager is authorized to add Skill-Based Pay Range Structures and training programg throughout the fiscal year as job titles are consol/dated and transitioned from existing pay plans in Chapter 39, Sec 39-303 into Skill-Based Pay Plan 100. The pay grades and ranges for positions in Skill-Based Pay Plan 100 aze as follows: Pay Plan 100, Citywide Skill-Based Pay System 3% 2.25% Effective 7/26/2~4 8/8/2005 Zone Sub-Zone Grades: 101, 102 104 105, 106 1.0 1.l 1.2 1.3 !7,!05 1.4 17,789 1.5 ~ cnc~ !9,510 . 2.1 2 2.2 2 2.3 2 2.4 2 2.5 2 2,6 2 2.7 3 3.1 3 3.2 3 3.3 3 3.4 3 3.5 Grade 103 i (Metr°-Cgm Technician) i ~v,v, 5 27,480 17,490 , 18,1§9 18,916 20.051 [ ~,,~'~ '*~n 29.437 ~v,,~,~a '~'~ 21,255 ' 29,2~J 30,025 '~a nc~ 23,882 =n cSl 31,238 24,757 25,314 al ~'~ 31,863 ~,~'~ '~,~ 26,833 ~ .,, ~1 '*~c 32,500 27,818 28,444 an n~a 30,719 ~,~ ~ 3_,~.~ 36.400 ~87447 33,177 o.,.~, ~a ~'*a 40,767 q'~ ~c 38,328 4~549 43,342 48,721 3 I 3.6 47,a..74 48,542 3[ * 3.7 _53,$12 55.023 * Sub-zone 3.7 applies to grades 101 and 102 only Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900. The City Manager is authorized to make changes to this pay structure in subparagraphs (1) and (2) below throughout tire fiscal year as required, such as for minimum wage changes as required by federal law The pay grades and ranges for positions in Pay Plan 200 are as follows: Pay Plan 200, Temporary/Part-Time Pay Structure Effective 7/26/2004 '211 *'212 213 214 215 216 Grade Minimum Midpoint M~mum $ 5.15 $ 5.15 $ 5.15 7.00 9.00 11.00 760 9.68 12.65 8.91 11.35 14.22 9.70 12.37 15.50 11.69 14 90 18.67 * Minimum Wage ** Adjusted to comply with State La*v and the pay received by election workers for other local entities ***Grades 213 through 216: 3% increase effective 7/26/2004 Pay Platt 300. Pay' Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maimain a minimum 5% differential (1) between the range minimum for Police Cmnmanders and Fire Assistant Chiefs in the Police and Fire Managerial Pay Plan 300 and the entry step for Police Captain and Fire District CNef as stated in the applicable contract; and (2) between the range ~naximum for Pohce Commanders and Fire Assistant Chiefs in the Police and Fire Managerial 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 changes to this pay structure as required throughout the fiscal year to be in comphance with the effective salary ranges adopted m the applicable Police and Fire Collective Bargaining Contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows: Pay Plan 300 Police & Fire Managerial 3% Effective 7/26/2004 Grade 311 312 Minimum :[ Midp°int ]: M~mum: 75,953 81,997 88,041 75,953 81,997 88,041 Pay £lan 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 400 (Executives) 3% Effective 7/26/2004 Grade Minimum M!dPoint 411 31,813 n. ~., I0~ 42,153 412 34,676 4E,07~ ~.5,947 413 37,989 c~ ~'* 50,335 414 41,996 ~,~~o~° ~a 55,645 415 46,636 ~a ~:¢-~ ~ ,,w, 61,793 416 52,257 ,7~,~, ~..~ 69,239 417 58,814 ~.,~ .~ 77,929 418 65,778 n~ ~,~ ~.,~5 87,156 419 66,490 ~n-~ ~ 88,098 420 74,332 ~ ~,~n¢~ 98,489 421 75,166 ~n~ ~ · ~ .,~.0 99,595 422 83,318 92,792 95,355_ 423 84,975 ~ ~7 ~t~ 112,592 424 95,355 ~n~ ~ 108,382 430 City Manager ............ No Range 56,4OO 61,476 67,346 74,45O 82,678 92,639 104 266 116 612 117 872 131 775 133 254 104 266 150 645 117 872 Pa)' Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 500 are as Follows: Pay Plan 500 (a) Exempt (Overtime Ineligible Legal/Attorneys) 3% Effective 7/26/2004 Grade Minimum M~point 511 29,071 4g7304-38,519 512 31,688 ~3 9~ ~I,986 513 34,698 ~ ~ac 45,975 514 38,168 52,91fi 50,573 Maximum 51~537 56,175 61,513 67,664 (g) (h) 515 516 517 518 42,177 5E,~72 55 884 74,770 46,817 ~4,907 62,032 82,997 52,202 72,272 69,168 92,544 58,468 ~!,0~0 77,470 103,652 Pay Plan 500 (b) Non-Exempt (Overtime Eligible Legal/Attorneys) 3% Effective 7/26/2004 Grade Minimum Midpo~t I11 29,071 ~0,30~ 38,519 5L537 112 31,688 42,921 41,986 56,175 113 34,698 ~E,195 45,975 61,513 114 38,168 52,91~ 50,573 67,664 115 42,177 5~,~72 55,884 74,770 116 46,817 ~,907 62,032 82,997 117 52,202 72,272 69,168 92,544 118 58,468 ~I,060 77,470 103,652 Pay Plan 600. Pay Plan 600 ~vill include all positions that may be designated as exempt from overtime under the FLSA except positions in Pay Plan 700 (Information Technology), Pay Plan 500 (Legal/Attorney), Pay Plan 300 (Pohce and Fire Managerial), and Pay Plan 400 (Executives) The pay grades and ranges for positions in Pay Plan 600 are as follows: Pay Plan 600 Exempt (Overtime Ineligible) 3% Effective 7/26/2004 Grade Minimum Midpoint Maximum 611 24,683 ~ ~o~ __ J~,,~. 32 705 42,895 612 26,658 ~,~a ~n~,.~ 35,321 46,326 613 28,924 ~n ~n~ ~,~. 38 324 50,264 614 31,528 ~3,158 ~1,774 54,789 615 34,523 47,259 45,743 59,995 616 37,976 c~ n~ o~,~ 50 318 65,995 617 41,965 57,4~5 55 602 72,925 618 46,581 ~ ~c ~,,~ 61 720 80,949 619 51,938 71,999 68 818 90,259 620 58,171 79,~2 77 077 101,095 Pa)' Plan 700. Pay Plan 700 will include positions focused on providing the inl~ormation technology infrastructure for the City. The pay grades and ranges for positions in Pay Plan 700 are as follows: Pay Plan 700 (a) Non-Exempt (Overtime Eligible) Information Technology 3% Effective 7/26/2004 ~rade 711 712 713 714 715 716 717 718 719 720 Minimum Midpoint Maximum 20,892 3~,x:)4-31,338 44,896 22,668 ~,vw~c ~o~ 34,002 48,711 24,708 aa~v,~wn~ 37,063 53,095 27,056 ~'~ ~ .~,~7 d0,584 58,138 29,761 46;g58-44,643 63,954 32,887 MTg-Tg49,331 70,669 36,505 ~,,~'* ~'~a.,. 54,757 78,443 40,704 ~n ,~oc 61,055 87,466 45,589 '~.~,,,~'m~ 68,382 97,962 51,287 ~,~n ~, ,~ 76,931 110,209 Pay Plan 700 (b) Exempt Information Technology (Overtime Ineligible) 3% Effective 7/26/2004 ~a~ i Minimum ii Midpointiii: iiMa~mumiiiiiil !iiili 811 20,892 ~2,S9~ 31,338 44,896 812 22,668 ~5,E~9 34,002 48,711 813 24,708 38,902 37,063 53,095 814 27,056 ~2,597 40,584 58,138 815 29,761 46,858 44,643 63,954 816 32,887 51,77~ ~9,331 70,669 817 36,505 57,q7~ 54,757 78,443 818 40,704 ~,0~5 61,055 87,466 819 45,589 71,775 68,382 97,962 820 51,287 80,7q~ 76,931 110,209 Pay Plan 900. Pay Plan 900 will include all employees not classified in another pay plan in this Secticon. P% 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 grades and ranges for positions in Pay Plan 900 are as follows: Pay Plan 900 Non-Exempt (Overtime Eligible) 2.25% 3% Effective 7¢g6620tM 8/08/05 Grade Minimum Midpoint 911 15,809 16,165 21,968 20,610 912 t-77074-17,458 22,172 22,259 913 18,525 18,942 2q,057 24,150 MaXimumli iii 26~27 26,919 27,271 27,885 29,5S9 30,255 914 29, !92 20,646 25,223 26,324 32,253 32,979 915 22, 119 22,607 28,712 28,824 35,215 36,111 916 2~.,32! 24 868 3!,5E5 31,707 3E,E~.9 39,723 917 25,~7~ 27,479 3~.,991 35,036 ~.2,927 43,893 918 29,831 30,502 ~g~-38,890 4-7764~8,721 919 33,251 34,009 n. 3,194 43,362 53,127 54,322 920 37,252 38,091 ~.E,37E ~18,566 59,593 60,842 921 ~.!,919 42,853 ?.,~,25 54 637 55,9~0 68,446 Pay Plan 1000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Exempt Engineers/Engineering Services (Overtime Ineligible) 3% Effective 7/26/2004 Grade 613 615 616 617 618 Mimmum Midpomt Maximum 38,750 52,918 67,085 42,624 58,349 74,073 47,313 641767 82,221 52,518 71,892 91,265 58,820 80,519 102,218 Pay Ad./ua.tment to Refieve Pay Compression (I) The City Manager, or designee, may grant a pay adjustment to address salary pay compression/equity issues when there is less that a five percent (5%) differential between the base pay ora Work Coordinator ora Skill Based Pay workforce and the highest base pa,/ora Skill Based Pay sub-zone in the same d~vision. SECTION 3 Chapter 39, PERSONNEL, Article II1. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, ~ection 30-306 is amended to read as fi, llows: Sec. 39-306. Full-time Employees Full-time employees shall work forty (40) base hours per seven (7) day work period in a re~gularlv budgeted position. SECTION 4 Chapter 39, PERSONNEL, Article III Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-334 is amended to read as follows: 7 Sec. 39-334. Plan I Bereavement Leave Upon the employee's request due to the death of an immediate family member, up to twenty- fbur (24) hours of bereavement leave shall be granted to Plan I employees by the Department Head, or designee, except for Public Safety Officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off who shall be granted up to thin,-six (36) hours. Immediate family shall include the employee's parents, spouse, children, brothers, sisters, mother-in-law, father-in-law, brothers-in-law, and sister-in-laws, employee's or spouse's grandparents and grandchildren. Exceptions for famdy relations not ~dentified in this list may be granted by the City Manager on a case by case basis. Employees who receive bereavement leave shall provide a copy of the obituary, or other related documentatton, to their department head. SECTION 4. Chapter 39, PERSONNEL, Article ill. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-338 is amended to read as follows: Sec. 39-338. Plan I Use of Personal Leave and Vacation in Lieu of Sick Leave When accrued sick leave is exhausted, absence for sickness, injury, or disability shall be automatically charged against the employee's remaining personal leave allowance, if any, and the employee's accrued vacation leave, if any, in that order Such leave shall be used by the Plan I employee until exhausted or until the City's Disability Income Protection Plan coverage begins. Additional lcave without pay, as required and doca~monted, shall be granted foea combined maximum total of 12 workwccks, in a 12 month period, for eligible employ ecs as provided in thc Family and Medical Leave Act and City Policy. Provisions of the Family and Medical Leave Act may also apply. SECTION 5 Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-350 is amended to read as follows: Sec. 39-350. Plan Il Bereavement Leave Upon tile employee's ~equest due to the death of an immediate filmily member, up to twenty- four (24) hours of bereavement leave shall be granted by the Department Head, or designee, to Plan 11 e~nployees. Immediate family shall include the employee's parents, spouse, children, brothers, sistels, mother-in-law, father-in-law, brothers-in-Jaw, and sister-in-laws, employee's or spouse's g~andparents and grandchildren Exceptions for family relatiol~s not identified in this list may be aranted by the City Manaaer on a case by case basis Employees who receive bereavement leave shall provide a copy of the obituary, or other ~ elated documentation, to their department head SECTION 6. Chapter 39, PERSONNEL, Article III Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-353 is amended to read as follows: 8 Sec. ~39-353. Plan H Use of Personal Leave and Vacation in Lieu of Sick Leave When accrued sick leave is exhausted, absence for sickness, injury, or disability in excess of any leave authorized for such reason, shall be automatically charged against the employee's remaining personal leave allowance, if any, and the employee's accrued vacation leave, if any, in that order. Available leave shall be used by the Plan II employee until exhausted. Additional leave without pay, as required and documented, shall bc granted for a combined maximum total of 12 workwoeks, in a 12 month period, for eligible employees as provided in the Family and Medioal Loave Act and City Policy. Provisions of the Family and Medical Leave Act may apply. SECTION 7. This Ordinance is effective upon final adoption by the City Council. All Pay Plans within this Ordinance shall become effective August 8, 2005. Adjustments to salary ranges of Pay Plans 100 and 900 within this Ordinance and concurrent pay increases for applicable employees will become effective August 8, 2005 as indicated on individual Pay Plans in Section 39-303 of the Code of Ordinances. Performance based merit pay for eligible exempt employees will be effecttve March 6, 2006, as will a one-time merit bonus program of one hundred dollars ($100 00) for eligible non-exempt employee. SECTION 8. 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 jurisdictioik 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 sectimL paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for ~ts purpose, That the foregoing ordinance was read for the first time and passed on this the 19th day of July, 2005 by the following vote: Hem2/Oarrett Brent Chesney Jerry Gm-cia Jesse Noyola Bill Kelly Rex A Kinnison Melody Cooper John Marez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2005 by the following vote: Hem-y Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly Rex A. Kinmson Melody Cooper John Marez Mark Scott PASSED AND APPROVED, this the ATTEST: day of ,2005 Armando Chapa City Secretary LEGAL FORM APPROVED Henry Garrett Mayor ,2005, Mary Kay Fischer, City Attorney 10 24 CITY COUNCIL AGENDA MEMORANDUM July 19, 2005 AGENDA ITEM: In support of the FY2005-06 Proposed Budget which includes fee increases and/or new proposed fees. First Reading Ordinance - Amending Ihe Code of Ordinances. City of Corpus Chdsti, Chapter 55, Utilities, regarding water, gas and wastewater rates; providing for an effective date; and providing for publication. First Reading Ordinance - Amending Sectio~ 55-22, 55-28. And 55-38, the Code of Ordinances, City of Corpus Chdsti. regarding application fees for Utility Service. fees [or testing meters, and service charges related to disconnecting utility service and bypassing or tampering with meters; providing for penalties; providing for severance; and providing for publication. First Reading Ordinance - Amending Sections 55~3 and 55-70, Code of Ordinances, City of Corpus Chdsti, regarding lees for servicing gas appliances and gas tap fees; providing for severance; and providing for pubticabon. First Reading Ordinance amending Section 35-92, Code of Ordinances, City of Corpus ChdstJ, to impose an administrative fee for the transfer of an oil and gas well permit; providing for penalties; providing for severance; and providing for publication. First Reading Ordinance increasing Resource Recovery Fees in Chapter 21, Code of Ordinances, City of Corpus Chdsti; providing for severance; providing for an effective date and providing for publication. First Reading Ordinance amending Code of Ordinances, City of Corpus Christi, Chapter 9, Section 941, regarding permits for Airport Ground Transportation Operations, by revising the fees and charges; providing for an effective date of September 1,2005; providing for repeal; providing for severance; providing for penalties; and providing for publication. First Reading Ordinance amending Code of Ordinances, City of Coq~s Chdsti, Section 9-351, to add discounts for parking for thirty days or longer, waiver of certain parking fees, and commuter monthly parking permits for flight staff of airlines and code-sharing airlines based at the Corpus Chdsti International Airport; providing for repeal of conflicting ordinances; providing for penalties; providing for severance; providing for an effective date; and providing for I:xJblicafion. ISSUE: The Proposed FY 2005-06 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 dudng the Budget process. BACKGROUND: The proposed FY 2005-0~ Operating Budget was submitted to Council on May 31, 2005 Subsequently, the Council has received four presentations covering various departments, funds and issues. REQUIRED COUNCIL ACTION: Approval of the ordinances described, increasing or establishing fees/rates included in the FY 2005-06 Proposed Budget. RECOMMENDATION: Approval of Ordinance as presented. Houl~an Assistant Budget Director 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. 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 amended by revising it to read as follows: "Sec, 55-50. Schedule of water rates. "(a) Base rates for water service. "The rates for water service are as follows: "(1) Monthly Minimum Charges "a. Metered Treated Water Customers "1. inside City Limits Meter Size ~ ...... * ~ Auqust 1, (Inches) 20~,.~. to 2005 to Jul:,' 3!, July 31, onn~. 2006 Residential 5/8" - 3/4" $ 6.430 $ 6.799 Commercial 5/8" - 3/4" ~ 9.812 Residential & Commercial 1" !4.oo9 15.660 1 - 1/2" 2d. 879 26.309 2" ~.'~" '~n,~, ~..40.934 Utility rate doc7/11/2005 Meter Size (Inches) 8" and larger Large Volume Any size ~ August 1, 200'!. to 2005 to """ ~ July 31 '") mmic 2006 $138J~98 $146.876 !58.458 167.569 238J384 251.773 '~7 ~'~n 378,172 12,056.203 12,749.434 Meter Size Residential 5/8" - 3/4" Commercial 5/8" - 3/4" Residential & Commercial 1" 1-1/2" 11 "2. Outside City Limits Augur, Auqustl. 200dto 2005to July 31, July 31, 2005 2006 $ 13.651 $ 14.435 20.482 ~n ~nn 32.135 ,'~ 53,450 778,!88 82,683 278.553 294.569 ULility rate doc Meter Size ~ August 1, ~vv'~ to 2005 to h,,,, 31 July 31, ")nn~ 2006 4" $347~798 $335.977 6" 476~78 504.405 8" and larger 7!6.024 757.195 Large Volume Any size 20,116.081 21,273.707 "b. Untreated Water Customers A ...... * 1, Auqust 1, 2004 tc 2005 to """31 July 31, ~,,.5 2006 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $287.822 ~304.371 util~¥ rate doc 4 ^ ...... ~ 1, August 1, 200'! to 2005 to "'"' 31, July 31, ,~r~r~ 2006 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 19974 $185.376 Minimum monthly service charge, industrial 304 371 Minimum monthly service charge, domestic 10.139 Minimum annual service charge, domestic 101.454 "~ 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 ~ $185.376, the customer shall be billed $-1-7-F~28~,$185.376 unless a valid water supply contract between the customer and City that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the Utility rale doc customer and City executed prior 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 Rate "1 Inside City Limits ~ August 1, ~nru 2005 te to Ju!y 31, July 31, 2nnKv~ 2006 First 2,000 Minimum* Minimum* Gallons Next 13,000 Gallons $ 2.223 $2.350 Next 15,000 Gallons 3.137 3.317 Next 20,000 Gallons 3.839 4.059 OYer 50,000 Gallons 4.925 "*Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits ~ ...... *" Au.qust 1I ">nn,~ 2005 te to 2006 First 2,000 Gallons ,Minfmum* Minimum* Utility rate doc 6 Next 13,000 Gallons $ 4 658 $ 4.925 Next 15,000 Gallons 4.925 Next 20,000 Gallons 4.925 Over 50,000 Gallons 4.925 "*Use the Minimum Charges in Subsection (a)(1). "b. Commercial Rate "1. Inside City Limits ^ ...... * ~ Au.qust 1, '~nn,~ 2005 te to ~' '~" '~" July 31, 2005 2006 First 2,000 Minimum* Minimum* Gallons Next 13,000 Gallons $ 2.223 $ 2.35O Next 85,000 Gallons ! .978 2.091 Next 900,000 Gallons 1.503 1.589 Over 1,000,000 Gallons 1.178 1.245 "* Use the Minimum Charges in Subsection (a)(1 Utility rate doc 7 Outside City Limits AuG .... August 1, '~nn,~ 2005 te Lo July 31, July 31, 2995 2006 M~ .......... Minimum* First 2,000 .,.; ....... t Gallons Next $ 4.848 $ 5.126 13,000 Gallons Next 85,000 Gallons Next 900,000 Gallons 4.603 3.576 1.8'!. 5 1.951 Over 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~--. 1 Au.qust 1, 200-!. 2005 te to July 31, July 31, -':,nnr. 2006 First 2,000 Gallons Utility r~te doc 8 ^ ...... *", Auqustl, 200'!. 2005 t~ to ~"~" ~" July 31 onnc 2006 Next 13,000 Gallons 2.!'!.7 $ 2.270 Next 85,000 Gallons 2.031 1.527 1.205 0.784 Next 900,000 Gallons Next 9,000,000 Gallons !. !'!, 0 Over 10,000,000 Gallons "* Use the Minimum Charges in Subsection (a)(1). "e. Large Volume Customers '% 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, 200'!, 2005 te to ~"~" '~" July 31, onn~ 2006 Utility rate doc 9 First 10,000,000 Gallons Minimum* ~"~i"~""' '"'"* Each Additional 1,000 Gallon $0.79! $0.825 "* Use Ihe Minimum Charges in Subsection (a)(1). "2. Outside City Limits . ..~... !, Au,qust 1, 209'!. 2005 te t~ "'"' '~ July 31, ")nn~ 2006 First 10,000,000 Gallons Minimum' ~;,,; .... * Each Additional 1,000 Gallon $ !.!4! $1.206 "' 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 January 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 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 Utility rate doc 10 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 procedures. "(1) Use projected system-wide water sales based on historical consumption and projected growth "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred 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 expenditures for purchases of water. "(4) Include purchases of 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. "(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 differences between budgeted and actual expenses and Utility rate.doc 11 offsetting revenues and the difference between projected and actual volume of water sold. Apply this amount as an adjustment to the following fiscal year's RWCA. "(11) Apply the credit for levelized Choke Canyon debt payments to City rate- payers' projected water consumption, and deduct from their RWCA. (-rhe 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 fund is drawn on to make up the difference. Since only ICL and OCL metered treated 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 supp(y 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 "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. U~il~ty tale doc 12 WVater supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. "Administrative costs, including overhead and the portion of the City's general administrative costs applicable to the activities enumerated in this definition." SECTION 2. The water rates established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2005. SECTION 3. Section 5541 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 throuqh April Cycle 10) Monthly Consumption ^ ...... * ~ August 1 ~ 2005 - ~' '~" '~ July 31, onnc 2006 First I MCF $ 9.29! $ 8.757 (Minimum Bill) Next 2 MCF ~646 4.913 Next 7 MCF 2.6n,,~~ 2.840 Next 40 MCF 2.53-!, 2.679 iAII over 50 MCF ! .902 1.905 "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 Consumption '~ ...... * ~ August 1, 299'!. 2005 - """ '~ July 31, ~nn~ 2006 First 1 MCF $ 8.29! $ 8.757 Ulil~y rate doc 13 (Minimum Bill) Next 2 MCF Next 5 MCF Next 30 MCF All over 38 MCF "Note: $4¢~4.6 $4.913 2.~ 2.840 ! ~.4~ 1.426 ~%49,9 1.267 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, ^,~.w,* !, August 1, 2004~ 2005 - ~' "" '~" July 31 onn~; 200~ First I MCF $ !0.2!2 $10.805 (Minimum Bill) Next 2 MCF 5.299 5.508 Next 7 MCF ~969 3 139 Next 40 MCF 2.80! 2.962 All over 50 MCF 4~984 2.066 "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 Consumption ^ ...... * ~ Auqust 1, 2004 2005 - ~'"" ~* Oul¥ 31, 2005 2006 First 1 MCF (Minimum Bill) $ !0.2!8 $ 10.805 Next 2 MCF ra-.-.-.-.-.-.-.-.-~ 5.508 Next 5 MCF 3.139 Utility rate.doc 14 Next 30 MCF $! .48! $1.566 All over 38 MCF -! .27'!. 1.347 "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. ^,_~w,.,* !, August 1, 200,!, 2005 - ~'"" '~ July 31, onnn 2006 First 1 MCF $ 8.28! $ 8.757 (Minimum Bill) Next 2 MCF 4.6-!6 4.913 Next 7 MCF ~P344 4.590 Next 40 MCF 4.175 4.415 Next 50 MCF ! .802 1.905 Next 100 MCF !.502 1.588 Next 100 MCF 1.312 1.387 Next 700 MCF 1.255 1.327 Next 1,000 MCF !.095 1.147 Next 13,000 MCF q~978 1.031 All over 15,000 MCF q~938 0.988 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption A.~,.,.. 1, August 1, ~nn~ 2005 - ~"~" ~ July 31 2005 2006 Utility rate dec 15 First 1 MCF $10.2!9 910.805 (Minimum Bill) Next 2 MCF 5.299 5.508 Next 7 MCF 4?884 5.172 Next 40 MCF ~.,-~ '~'~ 4.972 Next 50 MCF ~ 2.066 Next 100 MCF ! 6!3 1.705 Next 100 MCF ! .-!.07 1.487 Next 700 MCF ~ 1.405 Next 1,000 MCF ! .995 1.147 Next 13,000 MCF ~ 1.031 All over 15,000 MCF ~ 0.988 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partiat year service) rates (al~ customers who have requested a cutoff and re-connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal cus[omers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits Monthly Consumption ~ ...... * ,,,~v,!, August 1, 2004 2005 - "'"' ~ July 31 2005 2006 First 1 MCF $ !3.757 $14.548 (Minimum Bill) Next 2 MCF '1,2.4'!,! 13.156 Next 7 MCF ~ 6.246 rate.doc 16 Next 30 MCF $2.53'!, $2.679 All over 40 MCF ! .802 1.905 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly Consumption Augur, August 1, ~nn.4 2005 - h,~,, '~,~ July 31, 2005 2006 First 1 MCF (Minimum Bill) $ !6.525 $17.475 Next 2 MCF !4.2!! 15.028 Next 7 MCF ~ 7.082 Next 30 MCF 2.80! 2.962 All over 40 MCF "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using less 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 equipment, or both, and have an average used in MCF per month in the seven summer months that 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 Summer 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 ^ ...... ~ ~ Au.qust 1 Consumption 2004 2005 - ~' '~" '~ July 31 onn~ 2006 First 1 MCF $ 8.280 $ 8.756 (Minimum Bill) Next 2 MCF -!,.645 4.912 Utility rate.doc Next 7 MCF $4.3'!. ! $4.590 Next 40 MCF 3.!78 3.358 Next 150 MCF ~ 1.426 Next 300 MCF 1.255 1.327 Next 500 MCF ! .085 1.147 Next 14,000 MCF 9~%5 1.031 All over 15,000 MCF ~ 0.988 17 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Monthly ^ ...... * ~ August 1 Consumption 299'!, 2005 - ~"~" '~ July 31 ~nn~ 2006 First 1 MCF $ !0.2!8 $10.805 (Minimum Bill) Next 2 MCF 5.209 5.508 Next 7 MCF 4J~94 5.172 Next 40 MCF 3.571 3.776 Next 150 MCF ! .-!,8! 1.566 Next 300 MCF ! .329 1.405 Next 500 MCF ! .!'!,2 1.207 Next 14,000 MCF 1.012 1.070 All over 15,000 MCF 8~=38 0.988 "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 Utility rate.doc 18 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 4 The gas rates established in Section 3 of this ordinance shall take effect and be applied against all service provided on or after the first day of August, 2005. SECTION 5 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 be paid 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 amount of water used by the user according to the following rates: Classification ~ ...... *" August 1, 200-!, to 2005 to ~"~" ~" July 31 9nnc 2006 Inside City Limits !-!.902 $15.653 One-family minimum monthly charge (first 2,000 gallons) Utihty rate doc 19 Classification Inside City Limits One-family per 1,000 gallons over 2,000 Inside City Limits One-family maximum monthly charge (Up to 25,000 gallons) Outside City Limits One-family minimum monthly charge (first 2,000 gallons) Outside City Limits One-family per 1,000 gallons over 2,000 5.757 Auqustl, 2005 to July 31, 2006 $3.165 88.450 30.107 6.088 Utility ra[e doc 20 Classification Outside City Limits One-family maximum monthly charge (Up to 25,000 gallons) Inside City Limits Commercial minimum monthly charge (first 2,000 gallons) Inside City Limits Commercial per 1,000 gallons over 2,000 Outside City Limits Commercial minimum monthly charge (first 2,000 gallons) 2004 te ~"~" 31, 2.302 August 1, 2005 to July 31, 2006 $170.176 22.877 2.434 45.756 U[ility rate doc 21 Classification Outside City Limits Commercial per 1,000 gallons over 2,000 Au,~uct 1, August 1, 2004 tc 2005 to Ju!y 31, July 31, 2095 2006 $4.871 "(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 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 apply to service before and including July 31 of each year Billings which 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" consumption 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 Utility rate.doc 22 "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 Criteria a. "Winter Average" charges shall apply to one-family residential customers only. b. The "winter average" shall be based on a customer's average water consumption for three complete consecutive reading pedods 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 section to calculate the customer's wastewater bill for each month until a new average is established (or rates are changed. "e. New and Relocating Customers; Adjustments "1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. "2 Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "3. Customers who are relocating within the service, area, who have not established a Utlliby r~[e.doc 23 "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 during 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 frormJune 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. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of 562 parts per million or less by weight of chemical oxygen demand index, 250 parts per million or less by weight of biochemical 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 $. The wastewater rates established in Section 5 of this ordinance shall take effect and be applied against all service provided on or afl, er the first day of August 2005. SECTION 7. Section 55-148 of the Code of Ordinances is amended to include the schedule of values used to determine the abnormal wastewater surcharges. Section 55- 148(a)(6) and (8) shall read as follows: Ulility rate doc 24 "Sec. 55-148. 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 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 pedod. "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 pads per million by weight, or mg/I. "BOD = Five-day biochemical oxygen demand strength index in parts 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. Utili[y rate dec 25 "(8) Value X (unit charge in dollars per pound of CO0) Y (unit charge in dollars per pound of BOD) Z (unit charge in dollars per pound of TSS) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are:" · ,_~uct August ~ ~nn~ 1, 2005 h,~,, '~ July 31 '~n~ 2006 cn nnnn ~0 0000 0.2633 0.!788 0.1891 SECTION 8. The values used to determine the abnormal wastewater surcharges established in Section 7 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2005. 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 hereof be given full force and effect for its purpose. SECTION 10. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of [he City of Corpus Christi. ~gtiLRy r~te doc Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATq-EST: ,2005 by the following vote: Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott __ day of ,2005. Armando Chapa City Secretary APPROVED: I ~1'~- day of July, 2005: Lisa Aguilar(' ) Assistant Cit~Attomey for City Attorney Henry Garrett Mayor, The City of Corpus Chdsti 26 Utility rate.doc AN ORDINANCE AMENDING SECTION 55-22, 55-28, AND 55-38, THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING APPLICATION FEES FOR UTILITY SERVICE, FEES FOR TESTING METERS, AND SERVICE CHARGES RELATED TO DISCONNECTING UTILITY SERVICE AND BYPASSING OR TAMPERING WITH METERS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-28, Code of Ordinances, is revised to read as follows: "Sec. 55-22. Application or contract for service. "(a) The utility business office manager is authorized to establish procedures to process and accept applications for utility service inside the city limits. "(b) An application or conneclJon fee of twenty five dollars ($25.00) is reauired for all applications for new service or transfers of service. SECTION 2. Section 55-28, Code of Ordinances, is revised to read as follows: "Sec. 55-28. Metering and testing of meters. "(a) The customer shall provide at a point on his premises, to be mutually agreed upon, a suitable location for the installation of meters and such other equipment as city may deem necessary to enable it to deliver water and gas under this chapter and shall propedy protect the city's property on the customer's premises and permit no one to inspect or tamper with the city's installation, apparatus and equipment, except the city's agents and persons authorized by law to do so. All bills shall be calculated upon the registration of such meters. "(b) Should any meter fail to register, the water or gas delivered dudng the pedod of failure shall for billing purposes be estimated at the average of the past three (3) previous monthly bills, calculated when the meter was in order. "(c) The city with or without request of the customer may inspect and test meters and whenever any test shall show a meter to be registering in error exceeding four (4) per cent, such meter shall be adjusted within the limits of error so specified and whenever the meters are so adjusted, the readings thereof shall be corrected, and payments be made accordingly. No corrections shall be made, as to any bill rendered by the city, unless requested before the expiration of the calendar month next succeeding the month in which such readings were made. R53805A.2. 2 "(d) A fee of sixty dollars ($60.00) will be charqed to the customer who requests a test of their meter if the meter was readinq, when tested, within the four (4) per cent limit of error." SECTION 3. Section 55-38(e), (f-), and (h), Code of Ordinances, is revised to read as follows: "Sec. 55-38. Delinquent notices, late fees; disconnection, charges for reconnecting and replacing meters. "(e) Service chames will be assessed for the costs of handlinq and collectin(3 a delinquent account, includinq the costs of disconnectinq service and actions taken to prevent fiJrther unauthorized use of the uUlitv. The service charqes A ~orvtce charge of thirty dollars ($30.00) per ordor must be paid if payment of the delinquency is not made in person at the utilities business office pdor to 8:00 a.m., on the date which the customer has been previously notified that the customer's utility service is to be disconnected due to failure to pay a delinquent bill in order to obtain a reconnection. The customer's failure to receive notification of date to be disconnected does not exempt the customer from paying the service charge. This service charge is necessary to covor all costs in handling and collecting a delinquent aoceunt. The service charqes, inctude, but are not limited to: (1) Basic service charqe for disconnectinq a delinquent account: $30.00 (2) Service surcharf:le for reconnectinq a meter For ail motors roconnectod after 5:00 p.m., and on Saturdays, Sundays and holidays: an additional chargo of fiffoon dollars ($15.00) will be mado and must bo paid upon reconnection. (2) Service surcharqe for inspection meter followinq initial disconnection, if basic service shame is not paid and service restored within three days after service in initially disconnected: $25.00 (3) Additional service charqes for tamperinq with meter after service is disconnected: a. Tampednq with utility service fee: $25.00 b. Fee for locking meter: $6.00 b. Fee for installing flange between meter and distribution line: $15.00 c. Fee for pullin¢l meter: $15.00 d. Fee for installinq meter plua: $50.00 e. Fee for disablinq water tap: $115.00 R53805A2 f. Fee for replacinq broken lock: $6.00 (4) Additional service charqes imposed if meter is bypassed after service is disconnected: a. Tamperinq with utility service fee: $25.00 b. Fee for installinq meter pluq: $50.00 c. Fee for disablinq water tap: $115.00 d. Unauthorized consumption suroharqe: $50.00 e. Minimum charae for unmetered consumption: 1. Water consumption of 25,000 Qallons per billinQ cycle. 2. Gas consumption at 20,000 MCF per biltinq cycle. (5) Additional service charQe for disablinQ sanitary sewer tap: $500.00 (6) Additional service charqe for reconnection sanitary sewer tap: $500.00 "(f) Meters removed due to failure to pay a delinquent bill or service or penalty charges shall be replaced only upon payment of all required service charcles recluired bY subsectJon (e) of this section a fiftoon dollar ($16.00) setting foo, plus an additional tampodng corvico chargo. The payment must be made in person to the utilities business office of the dry. "(h) The breaking, damaging, adjusting, changing, removal or taking of any meter, pipe service connection, lock, seal, valve or any other city-owned property shall be unlawful and punishable as a misdemeanor. The turning on of any valve so as to provide service from any utility service excepl by an authorized employee of the city is subject to an additional twenty five dollar ($25.00) tampering corvico chargo ali required service charcles required by subsection (e) of this section, unlawful, and punishable as a misdemeanor under the Texas Penal Code." "(i) For purposes of this section, a person who owns or otherwise has the apparent present dqht of possession and control of the premises where the water meter, seal, valve, pipe, or other Cih,-owned property, which has been broken, damaqed, adiusted, chanqed, cut, removed, turned, or otherwise altered, is situated and may be presumed to be the person who violated or allowed the violation of subsection (h) of this section. But the person has the dqht and burden of proof to show that the person did not brake, dama(ae, adiust, chanqe, cut, remove, turn, or otherwise alter the water meter, seal, valve, pipe, or other City-owned property in violatJon of subsection (h) of this section. R53805A2 4 "(ii An,/person whose name is on file with the utili[ies billinq office as the customer on the water account for the property where the violation of subsection (hi of this sec~on occurs is presumed to be a person in apparent control of the premises. The customer has the dqht and burden of provinq that they did not have control of the premises at the time of the violation. "(k) The owner of the property, as shown in the real propertv records of the county in which the property is located, is presumed to have control of the premises where the water meter, seal, valve, pipe, or other City-owned property, which has been broken, damaqed, adjusted, chanqed, cut, removed, turned, or otherwise altered, is situated and may be presumed to be the person who violated or allowed the violation of subsection (h) of this section. But if the record owner of the property has the dqht and burden of proof to show that the person did not own the property at the time of the violation bv executinq an affidavit statinq: (1) That the record owner did not own the property on the date of the alleqed violation; and (2) The name and last known address of the person who acquired the property from the record owner." SECTION 4. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City Code of Ordinances. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a coud 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 Coundl that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. R53805A2 Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the __ A'I-TEST: ,2005 by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott day of ,2005. Armando Chapa City Secretary APPROVED: day of July, 2005: Henry Garrett Mayor, The City of Corpus Christi Mai-/~y Fi¢¢her City A'itorne¢' AN ORDINANCE AMENDING SECTIONS 55-63 AND 5~70, CODE OF ORDINANCES, CI'FYOF CORPUS CHRISTI, REGARDING FEESFOR SERVICING GAS APPLIANCES AND GAS TAP FEES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BElT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-63, Code of Ordinances, is revised to read as follows: "Sec. 55-63. Charges for lighting, etc., of natural gas appliances. "(a) Customers at a residential, apartment, or mobile home address shall be charqed a service fee for liqhlJna, adiustino, or turnino off one or more natural oas appliances, or the conversion of burner orifices to bum natural aas. The service fee includes service to all clas appliances at the address for which service is re(iuested. The service fee for each appliance service order is twenW five dollars ($25.00'~ for each service order between A~dl 1 and October 31 and forty dollars ($40.00) for each service order between November 1 and March 31. Thoro shall bo a ton dollar ($10.00) chargo per applkanco sorvice order request for light~ng, adjusting, or turning off one or moro natural gas appliances, or tho convorsion of burner odfices to bum natural gas, al. a rosidontial, apartment, or mobile home address. Such ton dollar ($10.00) charge incJudes all gas appliances for which cervicc is roquestod. "('b) All other customers shall be charged teP~l;wentv five dollars ($!0.00) ($25.00)for each appliance lighted, adjusted, or turned off between April 1 and October 31 and fort,/ dollars ($40.00) for each appliance liqhted, adiusted, or turned off between November 1 and March 31. "/.Q). Maintenance of appliances is nol included in the lighting and adjusting of any gas appliance except for gaslight mantles and glasses, which will be billed to the customer requesting service at a retail pdce over and above the charge set forth above. "{~) However, in the event the head of a household is sixty-five (65) years of age or above, or the recipient of Social Secudty disability payments and resides at a residential, apartment, or mobile home address, then no charge shall be made by the city for such the first service call made within any calendar year. Proof of eligibility for the exemptions shall be provided herein shall bo on ina form to be prescribed by the Director. Gas Operations diroctor of public utilities." SECTION 2. Section 55-70, Code of Ordinances, is revised to read as follows: "Sec. 55-70. Adoption of rules, regulations and water and gas fees. "The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the R53304,A3 DOC regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: (5) Fee schedule, gas: (a) Inside city limits: Gas- -Residential, 1 and 2-family dwelling Commercial-: 1" to 1 1/'1" diem_ Tap 2" diam. Tap Ovor 2" diam. Tap Loops -Meter moves Street Fee Ner~ $100.00 ~300.00 $10.00 $50.00 Easement Fee Ne~e $100.00 $3O0.Q0 (b) Outside city limits: Gas- Residential, 1 and 2-family dwelling Commercial; 1" to I 1/4" diam. Tap 2" diam. Tap Over 2" diam. Tap Loops Meter moves Street Fee ~'~""" $100 00 $300.00 $10.00 $50.00 Easement Fee Ne~e $100.00 $300.00 35.00 R53304A3,DOC The diroctor of public utilitie~ upon approval of diroctor of engineoring and physical developmont may spocify a reduction of feec bacod on circumctances providod only, that they shall not be less than the cost theroof, and provided furthor that such shall apply only where the distribution line in new subdivicions ic as shown on the plat thoreof located within the area bohveon tho property lino and tho curblino, the chargo may be reduced so ac to charge the feo provided, in instances where the lino is in tho easement, for all taps for property abutting that side of tho stroot or portion of streot and that the fee provided for ctreot taps for all other proporty on the street. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R53304A3.DOC Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Rex A. KJnnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garre~t Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the A'I-FEST: ,2005 by the following vote: Rex A. KJnnison John Marez Jesse Noyola Mark Scott __ day of ,2005. Armando Chapa City Secretary APPROVED: 15m day of June, 2005: Henry Garrett Mayor, The City of Corpus Christi For City Attorney 4 R533O4A3 DOC AN ORDINANCE AMENDING SECTION 35-92, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO IMPOSE AN ADMINISTRATIVE FEE FOR THE TRANSFER OF AN OIL AND GAS WELL PERMIT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT; SECTION 1. Section 35-92, Code of Ordinances is revised to read as follows: "Sec. 35-92. Transfer of permit. "(al Any permit issued hereunder may be transferred, provided that the transferee meets all of the requirements of this chapter, including the posting of insurance and bonds required herein. "lb) A notice of transfer, alonq with a one hundred dollar ($100.00) administrative fee for each well beinq transferred, sba,u, must be filed with the superintendent. "(c) Within fifteen (15) days after such filing, the superintendent shall notify the transferor and the transferee whether or not the transferee meets the requirements of this chapter. "~D. The transferor shall nevertheless be liable for all obligations under the permit accruing pdor to the effective date of the transfer." SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1-6 of the City 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 every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti. R53303A'[ .~oc Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Rex A. KJnnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garrett Brent Chesney Melody Cooper Jerry Garda E~II Kelly PASSED AND APPROVED, this the __ A'I-rEST: ,2005 by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott day of ,2005. Armando Chapa City Secretary APPROVED: 20"' day of April, 2005: Henry Gan'et[ Mayor, The Cily of Corpus Chdsti First Assistant City Attorney For City A[torney R53303A1 .doc AN ORDINANCE INCREASING RESOURCE RECOVERY FEES IN CHAPTER 21, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI; 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, THAT: SECTION 1. The table in Section 21-40(a) is revised to read as follows: "Sec. 21-40. Charges--For collection services within the City of Corpus Christi. "(al The following charges apply to the collection of solid waste from solid waste services depadx, ent customer located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21-20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) One-family dwelling $14.35 (2) Two-family dwelling on one (1) water and/or gas meter $28.70 (3) Two-family dwelling on separate water and/or gas meters 13.25 $14.35 each unit (4) Apa~ment $14.35 perunit (5) One-family dwelling and single apartment on one (1) water and/or gas meter 2~.50 $28.70 Apartment house, travel trailer Park, or manufactured home park on one (1) water and/or gas meter $14.35 per unit R53407B2.DOC (7) Apartment house, travel trailer park, or manufactured home park-Each apartment, travel trailer pad, or manufactured home site on separate water and/or gas meter $14.35 per unit (8) Additional charge for rear door pickup on any type !9.75 above $11.86 per unit Additional loads of heavy brush or bulky item at time of scheduled heavy brush or bulky item collection (9) $53.00 perload (10) Surcharge for bulky item pickup $10.00 per item (11 ) Special non-scheduled heavy brush, clean wood, Actual cost not to waste, debris, or bulky items pick up, including pick exceed $200.00 up of heavy brush and debris set out more than two per load (2) weeks prior to the scheduled pick up or brush or debris that is a traffic, safety, or health hazard (12) Recyclin~ containers: Each solid waste services _$_4.00 customer account will pay a fee for recycling per container containers that will be refunded upon termination of the account and return of the recycling containers (13) Surcharge for tires set out for ~ollection $5.00 per tire SECTION 2. The tables in Section 21-41(e)(2) and (3) are revised to read as follows: "Sec. 21-41. Charges-For disposal services. "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: R53407B2 DOC IA B D E (2) Commercial vehicles (tipping rate) Solid waste by weight $31 .O3 per ton* Loose load of so)id waste, not weighed 7.8! $8.36 per cubic yard' Compacted load o{ solid waste, not weighed $11.12 3er cubic yard* Construction and demolition debris, not weighed $11.12 per cubic yard Heavy brush and yard waste,-not weighed $11.12 per cubic yard F Commercial vehicle transporting household waste No charge for a residential customer when accompanied by the residentia~ customer. (The residentia~ customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) *Includes state disposal fee, state#ederal mandated surcharges as provided by section 21-42, and a portion of the municipal solid waste system service charge as provided by section 21-47. "(3) Special fees. A Clean, uncontaminated dirt that is suitable for No charge landfill use (as determined by landfill superintendent or designee of the superintendent) B Clean rubble suitable for recycling, including $8.00 crushed concrete, asphalt, bricks, etc. per ton R53407B2 DOC C E F Large household appliances, such as stoves, washing machines, clothes dryers, dishwashers, refrigerators, or other similar items, except large household appliances transported in a non- commercial vehicle by a residential customer who resides within the cib/ Tires Automobile Truck or large trailer tires (16-19") Tractor tires(<20") Largerthan 20" Cut into quarters or more Vehicles with loads not adequately secured so as to prevent any of the contents of the transported load from being ejected or dropped during transport of the load Use of scales Any so~id waste that requires special preparation, handling, or cover ~2.00 each $1.25 $2.25 $3.25 Not accepted Tipping fee rate ~5.oo $25.25 As determined by the director SECTION 3. The Section 21-47(a) is revised to read as follows: Sec. 21-47. Municipal solid waste system service charge. The municipal solid waste system service charge for all waste collected is: (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 is fourteen dollars and eighty five cents ($1'1.85) sixteen dollars and ninety-three cents ($16.93) per ton of waste. R53407B2.DOC (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 cixty contc ($0.60) sixty-nine cents ($0.69) 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 cYo/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 eight dollars and thirty-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 six del!crc and fifty cents ($6.50) seven dollars and forty-one cents ($7.41) 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 twenty-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 canto ($0.39) forty-five cents ($0.45) 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 subsection 21-41(e)(2)a., the municipal solid waste system service charge will be credited with thirteen dollars and thirty-three cents ($13.33) for the portions of the charge that are collected through the tipping fee The municipal solid waste system service charge, with the credit, is ec~det~ and fifty two cents ($1.52) one dollar and sevenh,-four cents ($1.74) per ton of waste. Except as provided in subsection (d) of this section, if the hauler pays the tipaing 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. (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 hauler for hire pays the tipping rate published in subsection 21-41 (e)(2)a., the municipal solid waste system service charge will be credited with fifty-four cents ($0.54) for Ihe portions of the charge that are collected through the tipping fee The municipal solid waste system service charge, with the credit, is six cents ($0.06) 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 R53407E~2.DOC 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 three dollars and ninety conts ($3.90) four dollars and fortv-five cents ($4.45) 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 one dollar and eighty clx cents ($1.86) two dollars and twelve cents ($2.12) per month (which includes the city street use fee). (9) For business and commercial customers serviced by the department, [he municipal solid waste system service charge is OhO dollar and eighty cix cents ($!.~'~) two dollars and twelve cents ($2.12) per month (which includes the city street use fee). SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. This ordinance takes effect August 1, 2005. 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. R53407B2DOC Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2005, by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATTEST: ,2005 by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott __ day of ,2005. Armando Chapa City Secretary APPROVED: July 15, 2005: Henry Garret[ Mayor, The City of Corpus Christi Lisa Aguilar ~ Assistant City Attorney For City Attorney 7 R53407B2 DOC ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 9, SECTION 9-61, PERMIT FOR AIRPORT GROUND TRANSPORTATION OPERATIONS, BY REVISING THE FEES AND CHARGES; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER 1, 2005; PROVIDING FOR REPEAL; PROVIDING FOR SEVERA2NCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 9, Section 9- 61, is mended as follows: Sec. 9-61. Permit for ground transportation operations. (a) Except for duly franchised airport shuttle and limousine services; and vehicles delivea-ing business oroducts to airoort tenants, it is unlawful for any p~rson to charge, operate, or drive, for hire or other consideration any vehicle to carry, deliver, pick up any cargo, passenger, fi.eight, or mail at the Corpus Christi International Airport without a valid peraut and access card ~ssued by the airport for ground transportation operatmns ("ground transportation permit"). Each applicant for a ground transportation p~mlit shall register with the airport manager Airport and comply with all rules and regulations set by the Director of Aviation and City of Corpus Christi. hi addition to any other penalties provided herein, noncompliance of the ground transportation rules and regulations and the ordinance mag result in the revokin~ of the issued oermit by the Director of Awation. liooh vehicle permitted under this ordinance must display a current valid Airport pm-mit p~rmanontly affixed to the ','chicle that shows tho activity for which a permit has boon issued. Ifa vehicle m engaged in multiple permitted activities, tho vehicle must display a I~t-mit for each act~vitiy. [Airport may issue color coded pen'nits that indicate multiple activities are permitted in lieu of multiple permits.] A person can only operate a vehicle for activities for which it has been permitted. If a pm'son is operating a vehicle for an a~tivity for which tho vehicle has not been permitted, all permits fur that vehicle and the owner of that vehicle will bo revoked pending an appeal to tho Director of Aviation or designee "Director of Aviation". (b) Except for franchised mrport shuttle and limousine service and vehicles deliverm~ business vroducts to airport tenants, each person operating a ground transportation service at the airport inust pay p~mi* monthly and/or trip charge fees as set tbrth in the following schedule:, which will be recalculated each December to set the monthly payments for tho next calendar year. Permits may be purchased yearly, monthly, or prorated for any portton of the current calendar year. lohneurke\OrdReso20OS\ORDAmcndingFcesatAirportFiN ALi2] lin Taxicabs, the fee per vehicle is $50.00 per month, the product of $0.018 timeo tho total number of enplaned and deplaned revenue pnas~ngom for tho preceding ycar divided by P, velvo (12) month~ divided by the average number of permitted taxicabs for the preceding year. [E.g_ 99'1,471 ptmsengova for 1997 x $0.018 : 12 months * 25 average number of permitted cabs for 1997 - 5~60 per month per cab.)_ Each taxicab not permitted pursuant to (a) above shall pay a fee of $2.00 per arrival to pickup pre-arranged fares at the Airport. Each non-vermitted taxicab must notify the Aimort at least fifteen minutes prior to arriving at the Airport and pay any fees due iix advance of the pickup of persons at the Airport. Courtesy vehicles fo~ translx~rting hotel/motel customers/fzrvl,-t--~ convention customers "Hotel/Motel Courtesy Vehicles", the fee per vehicle is $50.00 ~ month plus $.50 r~er arrival for r~ick un of persons at the Airport. tho product of $0.018 times tho total number of enplaned and deplaned revenue passengers for tho preceding years divided by P, velvo (12) months divided by the average number of permitted hotel courtesy vohicl< for the preceding year. (e.g. 994,'171 passengers for 1997 x $0.018 '12 months *1~5 average number of pexmittod hotel courtesy votficles for 1997 - $99 per month pm- hotel courtesy vehicle.) Persons with HoteVMotel Courtesy Vehicle p~mdts must, at tho time of application and at all ftrnes the p~mdt is in afloat, may be required to provide written proof of contracts with hotels or motels all businessoo or organizations, mu~ show tho contract to the Director of Aviation or designee whenever requested, and must provide immediate written changes to the contract to the Director of Aviation or desienee. Off-airport rental car shuttle and parlcmg lot cou.rtosy vehicles "Cc~--te~-y Off-Airport Rental Car Shuttle Vehicles", the fee is the ~eater of: (1) 10% of the Gross Income generated from the rental of vehicles bv versons picked up at the Airport or (2) $500.00 per month. Gross Income is defined as the time and mileage char~es included in the rental contracts, net of contractual discounts (includin~ rebates). Bad debts may not be deducted in the calculation of m-ess revenues, per~ieh4ete4~ the product of $0.05 times the total number of enplaned and deplaned revenue passengers for thc preceding year divided by twelve (12) months divided by th~ average number of purmitted rent car/parldng courtesy vehicles for tho pr~eding year. (E.g. 994,471 passengers for 1997 x $0.05 , 12 months : 8 average number of permitted rent car/parking courtesy vehicles for 1997 - $518 per month per rent ess/parking courtesy vehicle.) Cargo, /freight, luggage, and all other compames whose primary business is pick up and delivery services and melee 20 or more pick up and deliveries per month to the Airport "Pick up?_'Delivery Vehicles", the fee is $50.00 for each access card issued for any vehicle operatin~ at J ohnBu rke,OtdReso20q)5/OR DAmendingFeesat Air!~FIN p.L[2] th 7. the Air0ort. If more than four access cards are requested~ the fee is $40.00 for each access card. for up to 3 vehio[o~ i~ the produ~ of $0.01 per pound of cargo timo~ tho total pounds of cargo for the preceding y~ar divided by 12 months divided by the average number of permitted pick up/delivery vehicles for the preceding year. (e.g. 7,607,095 pounds of em-go for 1997 x $0.01 ' 12 months ~- '13 average number of pm'mitred pink up/delivery vehicles for 1997 - $1~17 per month for up to 3 permits. Each additional vehicle is $50 per month per vehicle. The foe for miscellaneous cargo/freight pick up/delivery vehicles that routinely malco leas than 20 pick up and delivorio~ monthly to the Airport is $20 per month. Companies who provide transportation services for persons on a pre-arranged basis using a private charter bus, luxury limousine, luxur~ automobile, or private charter van "Charter Vehicle", the fee is $10.00 ~er arrival for pick up of persons at the Amaort. Private charter companies must notify the Airport-twenty-four (24~ hours prior to arriving at the Aimort and pay any fees due in advance of the pick up of persons at the Airport. Charter Vehicles will not be required to obtain an access card. Charter Vehicles shall obtain a pcmdt vlaquard prior to picking up persons at the ,Mrport to be disvlayed in the vehicle at all times during operations at the Airoort. Tho fee tbr each private charter bus/luxury limousine, luxury automobile, ~ran "Charter Vehicle" is as follows: (a) less than fifteen (15) passengers, $15 for up to 3 amvals for passenger pick up per calendar month at tho airport; (b) fifteen (15) or more passengers, $50 for up to 3 arrivals for passenger pick up per calendar month at the airport; (c) ifa Charter Vehicle make~ more than 3 amvals for passenger pick up per calendar, another monthly permit must be purchased under (a) or (b) above. Private charter compameo must make advance arrangements with tho airport administration office prior to amval at thc The fee for each non pm'mittod out of town taxicab is $2 per amval for p~ck up of passengers at tkeCArport. Each non permitted out of town taxmab must make arrangements with tho Airport Administration Office at least fifteen minute,s prior to arriving at the Airport. Only persons whos~ taxicabs havo berm issued and currently dis-play a valid Airport taxicab permit are authorized to make prearranged in town or contract pick ups at the Airport. Persons with Airport Taxicab Vehicle permits must, at the time of application and at all times the permit is in eflbet, provide written proof of contracts ~vith all businesses or organizations, must show tho contract to the Dir~tor of Aviation whenever requested, and must provide immediate written changes to the Director of Aviation. JohnBurke\On:lR eso2005 \ORDArmmdingFeesatbdrportFtN KL[21 [ia (c) The dDirector of oAviation or suoooasor official designee will issue ground n'ansportation permits, enforce all ground roles and regulations with re, poet to ground a'ansportation servicos, and collect applicable p~m-t fees. If any permit holder fails to comply with applicable roles, regulations, and ordinances, such permit holder will be issued a notice of noncompliance. If the violations persist_s_ for ten (10) days after the issuance of said notice, the director of aviation may revoke the permit and such permit holder may be prohibited from conducting further operations on airport property. SECTION 2. This ordinance becomes effective September 1, 2005. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. That all ordinances, or parts of ordinances, in conflict herewith are repealed to the extent of such conflict. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a cottrt of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, clause, phrase, work, or provision hereof shall be given full force and effect for its purpose. 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. JolmBurke~OrdReso2005 \ORDAm endingFees aiAirportFiNAL[2 j lis That the foregoing ordinance was read for the first time and passed to its second reading on this the __ Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly day of ,2005, by the following vote: Rex A. Kinnison Melody Cooper John E. Marez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly APPROVED AND PASSED on this ATFEST: ,2005, by the following vote: Rex A. Kinnison Melody Cooper John E. Marez Mark Scott day of ,2005. Armando Chapa, Ci~ Secretary LEGAL F By: ,RM APPROVED July P. Burke, 3r.~'r.~ ;istant City ^ttomey Henry Garrett, Mayor , 2005 Jo hnBu rke\OIxtReso 2 0~ 5 \O RDPanmd mgFe~:~a bM rpo FuelN ALi 2 ] .lla ORDINANCE AMENDING SECTION 9-35.1 CODE OF ORDINANCES, TO ADD DISCOUNTS FOR PARKING FOR THIRTY DAYS OR LONGER, WAIVER OF CERTAIN PARKING FEES, AND COMMUTER MONTHLY PARKING PERMITS FOR FLIGHT STAFF OF AIRLINES AND CODE- SHARING AIRLINES BASED 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. 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 for the Public Parkinq Lots at Corpus Chdsti International Airport are established as follows: "(1) Long-Term (Dc]!y) parking rates: "For the first hour $1.00 "For each additional hour thereafter $1.00 "Maximum with parking ticket for each twenty-four (24) hours $7.00 Without/lost ticket per day $7.00 10% Reduction in fees for thirty or more days of parkinq Commuter Monthly Parkinq Permits for Fill:Iht Staff ol~ CCIA Based Airlines and Code-Shadnq Partners of CCIA Based Airlines $30.00 (2) Short-Term ~"~, ,v,,,,j/~"~ parking rates: For the first half-hour $1.00 For each additional half-hour thereafter $1.00 Maximum with parking ticket for each twenty-four (24) hours $10.00 Without/lost ticket per day $10.00 Amend. Oral, Re Pa~xing Fees July D5_l.doc (3) 10% Reduction in fees for thirty or more davs of parkinq Covered parking rates: For the first hour $1.50 For each additional hour thereafter $1.50 Maximum with parking ticket for each twenty-four (24) hours $8.50 Without/lost ticket per day $8.50 10% Reduction in fees for thirtv or more days of parkin~l The Director of Aviation may waive fees for City employees on official city and airport business travel, active Airport Board members, elected members of the Citv Council, Texas House, Senate, U.S. Conqress, Disabled Veterans, Purple Heart recipients, and visitors conductin(~ business at the Airport_ SECTION 2. That other ordinances, or parts of ordinances, in conflict with this ordinance, are repealed to the extent of any conflict. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. 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 Auqust 1,2005. 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 Chdsti, Texas. The foregoing ordinance was read for the first time and passed to its second reading on this the Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly __ day of ,2005, by the following vote: Rex A. Kinnison Melody Cooper John E. Marez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Henry Garrett Brent Chesney Jerry Garcia Jesse Noyola Bill Kelly ,2005, by the following vote: Rex A. Kinnison Melody Cooper John E. Marez Mark Sco~t APPROVED AND PASSED on this A'CrEST: day of ,2005. Armando Chapa, City Secretary APPROVED: /-~- day of ~.~ MARY V~Y F!SCHER, CITY A'FrORNEY /,~o/~n P. Burke, Jr. 7 (~sistant Cibj A~tomey ,2005. Henry Garrett, Mayor Amend. Ord. Re Parking Fees july 05_1 doc