HomeMy WebLinkAboutAgenda Packet City Council - 01/23/2007CITY COUNCIL AGENDA
JANUARY 23, 2007
Corpus Christi
11 45 A.M. - Proclamation declaring January 23, 2007 as "Big Brothers Big Sisters Day"
At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
JANUARY 23, 2007
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 dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas
del Concilio para ayudarle
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office :at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Pastor Carl Willis, Parkdale 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 Rex Kinnison
Council Members:
Brent Chesney City Manager George K. Noe
Melody Cooper City Attorney Mary Kay Fischer
Jerry Garcia City Secretary Armando Chapa
Bill Kelly
John Marez
Jesse Noyola
Mark Scott
E. MINUTES:
Approval of Regular Meeting of January 16, 2007. (Attachment # 1)
Agenda
Regular Council Meeting
January 23 2007
Page 2
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2. Electrical Advisory Board
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 specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and /or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIQNS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PFiVIOUl5 MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
3. Motion approving a supply agreement with Fox Scientific, Inc., of
Alvarado, Texas for laboratory chemicals and supplies in
accordance with Bid Invitation No. BI- 0199 -06, based on low bid
for an estimated annual expenditure of $30,033.96. The term of
the agreement shall be for twelve months with options to extend
for up to two additional twelve -month periods, subject to the
approval of the supplier and the City Manager or his designee.
Funds have been budgeted by the Water Department for FY
2006 -2007. (Attachment # 3
Agenda
Regular Council Meeting
January 23. 2007
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
4.a. Ordinance appropriating $132,289 from the auction proceeds
from the sale of solid waste equipment in Fund 5110 for the
purchase of a used crawler tractor from Waukesha- Pearce
Industries; amending the FY 2006 -2007 Operating Budget
adopted by Ordinance No. 026908 by increasing appropriations
by $132,289. (Attachment # 4 )
4.b. Motion approving the purchase of a used crawler tractor from
Waukesha- Pearce Industries, of Corpus Christi, Texas in
accordance with Bid Invitation No. BI- 0065 -07 based on best
value for a total amount of $132,289. The equipment will be used
at the J C Elliott Landfill. Funding for the equipment is available
in the Capital Outlay Budget in the Maintenance Services Fund.
The equipment is a replacement unit. (Attachment # 4)
5,a. Motion approving the lease purchase of one (1) backhoe loader
and one (1) wheel loader from Doggett Heavy Machinery
Services, Ltd., of Corpus Christi, Texas for a total amount of
$458,501.33. The award is made in accordance with the
cooperative purchasing agreement with the Texas Local
Government Cooperative. The equipment will be used at the J C
Elliott Trash and Recycling Center. Funds for the lease purchase
of equipment will be provided through the City's lease /purchase
financing program. (Attachment # 5)
5.b. Motion approving the lease purchase of equipment from the
following companies for the following amounts for a total amount
of $1,154,236.06. The award is based on the cooperative
purchasing agreement with the Houston Galveston Area Council
(H -GAC). The equipment will be used at the J C Elliott Trash and
Recycling Center. Funds for the lease purchase of equipment will
be provided through the City's lease /purchase financing program.
(Attachment # 5)
Hi -Way Equipment
Houston, TX
Vacuum Machine
$35,758.06
Rush Equipment Center of Texas, Inc.
Houston, TX
Tractor Trucks & Trailers
$1,118,478
Subtotal (b): $1,154,236.06
Grand Total (a) & (b): $1,612,737.39
Agenda
Regular Council Meeting
January 23. 2007
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
6.a. Resolution authorizing the City Manager or his designee to accept
a grant of $103,009 from the Department of State Health Services
to provide tuberculosis prevention and control services and
execute all related documents (Attachment # 6)
6.b. Ordinance appropriating a grant of $103,009 from the Texas
Department of State Health Services in the No. 1066 Health
Grants Fund to provide tuberculosis prevention and control
services. (Attachment # 6)
Resolution authorizing the City Manager or his designee to
execute an Interlocal Agreement with the City of Kingsville to
provide for joint use of Public Safety Computer Aided Dispatch,
Records Management, and Mobile Data Computer Systems from
Intergraph Corporation to be paid for in annual payments of
$15,000 for client software, data conversion, and storage, and
training. (Attachment # 7)
8 Motion authorizing the City Manager or his designee to extend the
software maintenance agreement for twelve (12) months with
Infosol, Inc., of Bellaire, Texas in an amount not to exceed
$47,413.41. Included in this maintenance agreement is the
support for the CourtHouse software currently being utilized by
the Municipal Court. The maintenance agreement provides for
software and technical environment support, including any
necessary upgrades as they become available. This vendor
qualifies as sole source. (Attachment # 8)
9. Motion authorizing the City Manager or his designee to execute
a Real Estate Sales Contract and a Temporary Construction
Easement with the owners Charles Scott Mandel and wife,
Thelma Mandel for a total expenditure of $156,718 which
includes $130,900 for fee simple property rights to 3.74 acres of
land, $2,100 in closing costs, and $23,718 for a 4.77 acre
temporary construction easement and related fencing; all out of
Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and
Garden Tracts, located on Cimarron Boulevard midway between
Saratoga and Yorktown Boulevard; necessary for the Master
Channel 27 Drainage Improvement Project ( #2263) and for other
municipal purposes. (Attachment # 9)
Agenda
Regular Council Meeting
January 23. 2007
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
10. Ordinance appropriating $405,190 in surplus reserves from the
unappropriated fund balance in the Development Services Fund
No. 4670 FY 2006 -2007 Budget for departmental reorganization
and modifying the current business methodology; changing the
FY 2006 -2007 Budget adopted by Ordinance No. 026908 by
increasing appropriations by $405,190. (Attachment # 10)
11. Ordinance amending Chapter 14 "Development Services, "Section
14- 226(b) "Electrical Advisory Board," of the Code of Ordinances,
to delete from membership one resident not connected with the
electrical industry and to add to the membership a field
representative from a utility power distribution company and a
person in the electrical supply business. (Attachment # 11)
12. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 12, Boats, Bays and Waterways,
by amending Article III "Miscellaneous regulations on Lake
Corpus Christi and other bodies of water discharging into Nueces
River," Section 12 -106 "Game preserves in Lower Nueces River
Water Supply District," to rename the section and to prohibit
hunting, fishing, trapping, camping, dumping trash and refuse,
possessing firearms, and fires within the game preserves;
providing for severance; providing a penalty clause; providing for
publication; and providing for an effective date. (First Reading
01/16/07) (Attachment # 12)
13. Second Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 10, Beachfront Management and
Construction, by amending Article VII "Traffic," Section 10 -77
"Pedestrian safe areas," to provide for marking and signage for
pedestrian safe areas, and Section 10 -80 "One -way traffic on
beach and access roads" to provide for designation of the
direction of travel between the northern end of the Padre Island
seawall and Padre Balli Park; providing for severance; providing
for publication; and providing for an effective date. (First Reading
01/16/07) (Attachment # 13)
Agenda
Regular Council Meeting
January 23, 2007
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1. PUBLIC HEARINGS:
ZONING CASES:
14. Case No. 1206 -03, Mostaghasi Investment Trust: A change of
zoning from a "R -1 B" One - family Dwelling District to a "B -4"
General Business District being 1.94 acres, a portion of Lot 1,
Block 2, Nueces River Irrigation Park, Volume "A ", Page 54, Map
Records, Nueces County, Texas, located approximately 400 feet
from the southwest intersection of FM 624 (Northwest Boulevard)
and County Road 69 (Hazel Bazemore Road). (Attachment # 14)
Planning Commission and Staffs Recommendation: Approval of
the "B -4" General Business District
ORDINANCE
Amending the Zoning Ordinance, upon application by Mostaghasi
Investment Trust, by changing the zoning map in reference to
Nueces River Irrigation Park, Volume "A ", Page 54, Map Records,
Nueces County, Texas, being 1.94- acres, a portion of Lot 1, Block
2 from "R-1B" One - family Dwelling District to "B -4" General
Business District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty.
15. Ca: a No. 1206 -02, Catamaran Properties, Ltd.: A change of
zoning from a "R -1 B" One - family Dwelling District to a "R -2"
Multiple Dwelling District for Tracts 2 and 3 and a "B -1"
Neighborhood Business District for Tract 1 resulting in a change
of land use from single- family residential to multi - family and
commercial property being Tract 1 - 1.08 acres, a portion of the
A.M. French 237 acre tract out of Survey 417, Abstract 571,
Nueces County, Texas, located at the southeast intersection of
McKinzie Road and Kingsbury Drive; Tract 2 - 1.67 acres, a
portion of the A.M. French 237 acre tract out of Survey 417,
Abstract 571, Nueces County. Texas, located approximately 190
feet from the southeast intersection of McKinzie Road and
Kingsbury Drive; Tract 3 - 3.5 acres, a portion of the A.M. French
237 acre tract out of Survey 417, Abstract 571, Nueces County,
Texas, located at the northeast intersection of McKinzie Road
and Kingsbury Drive. (Attachment # 15)
Agenda
Regular Council Meeting
January 23. 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Planning Commission and Staffs Recommendation: Approval of
a "R -2" Multiple Dwelling District for Tracts 2 and 3 and a "B -1"
Neighborhood Business District for Tract 1.
ORDINANCE
Amending the Zoning Ordinance, upon application by Catamaran
Properties, Ltd., by changing the zoning map in reference to Tract
1 -1.08 acres, a portion of the A.M. French 237 acre tract out of
Survey 417, Abstract 571, Nueces County, Texas, from "R-1B"
One- family Dwelling District to "B -1" Neighborhood Business
District; Tract 2 - 1.67 acres, a portion of the A.M. French 237
acre tract out of Survey 417, Abstract 571, Nueces County,
Texas. from "R -1 B" One - family Dwelling District to "R -2" Multiple
Dwelling district; and Tract 3 - 3.5 acres, a portion of the A.M.
French 237 acre tract out of Survey 417, Abstract 571, Nueces
County, Texas from "R-1B" One - family Dwelling District to "R -2"
Multiple Dwelling District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan;
providing a repealer clause; providing a penalty.
J. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
16.a. First Reading Ordinance - Amending the Code of Ordinances,
Chapter 53, Traffic, by establishing an Automated Red Light
Enforcement Program; providing for publication; and providing for
penalties. (Attachment # 16'
16.b. Presentation on Selected Contractor for Red Light Photo
Enforcement Contract. (Attachment # 16)
17. Ordinance amending the Code of Ordinances, Chapter 33,
Offenses and Miscellaneous Provisions, by prohibiting certain
activity known as grinding on City property; providing for
publication; and providing for penalties. (Attachment # 17)
18. Resolution supporting and endorsing the Corpus Christi Police
Department in its efforts to become a nationally accredited law
enforcement agency. (Attachment # 18)
Agenda
Regular Council Meeting
January 23, 2007
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
19. First Reading Ordinance - Amending the Code of Ordinances,
City of Corpus Christi, Chapter 49, Streets and Sidewalks, and
Chapter 2, Administration, by authorizing the City Manager to
execute Standard Form Revocable Use Privilege Agreements or
Licenses for pipelines, monitoring /recovery well, or cable and
conduit containing cable installation, and other structures or
facilities within City rights -of -way and on City -owned property;
setting use and application fees; providing for publication; and
providing for an effective date. (Attachment # 19)
20.a. Ordinance appropriating $1,150,483.18 from the unappropriated
interest earnings from Wastewater 1995A Capital Improvement
Program Fund (SRF) and appropriating $274,851.32 from the
unappropriated interest earnings from Wastewater 1999A Capital
Improvement Program Fund (SRF) for the Broadway Wastewater
Treatment Plant Basin Service Area Sewer Line Rehabilitation;
amending the Capital Budget FY 2006 -2007 adopted by
Ordinance No. 026997 by increasing appropriations by
$1,425,334.50. (Attachment # 20)
20..b. Motion authorizing the City Manager or his designee to execute
a construction contract in the amount of $2,797,000 with
Reynolds Inliner, LLC of Orleans, Indiana for the Broadway
Wastewater Treatment Plant Basin Service Area Sewer Line
Rehabilitation. (Attachment # 20)
21. Motion authorizing the City Manager to enter into a collective
bargaining agreement with the Corpus Christi Fire Fighters'
Association for wages, benefits and working conditions.
(Attachment # 21)
22.a. Resolution by the City Council of the City of Corpus Christi,
Texas, directing publication of Notice of Intention to Issue
Combination Tax and Revenue Certificates of Obligation in an
amount not to exceed $11,000,000; and resolving other matters
relating to the subject. (Attachment # 22)
Agenda
Regular Council Meeting
January 23, 2007
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
22.b. Resolution by the City Council of the City of Corpus Christi,
Texas, directing the City Manager to proceed with preparing
necessary documents to effect the sale of General Improvement
Bonds in an amount not to exceed $4,000,000; and resolving
other matters relating to the subject. (Attachment # 22)
23. Ordinance amending Ordinance No. 027102 that approved the
Asset Purchase Agreement by and among EarthLink, Inc. and the
City of Corpus Christi, Texas, and the CC Digital Community
Development Corporation, and amending Ordinance No. 027103
that acknowledged the Network Services Agreement between
EarthLink, Inc. and the CC Digital Community Development
Corporation, and agreed to perform all obligations of the
Corporation thereunder not performed by the Corporation, in
order to approve alternative provisions in the event the
transaction is determined to be subject to sales tax. (Attachment
# 23)
24. Consideration of an appeal by Latrice Sellers of the Corpus
Christi Cable Communications Commission's November20, 2006
decision that a public access show contained commercial
programming. (Attachment # 24)
K. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
25. Gas Department Operations (Attachment # 25)
26. Americans with Disabilities Act (ADA) Title I I Transition Plan /Non-
Discrimination Ordinance Quarterly Update (Attachment # 26)
27. Utility Rate Study Update (Attachment # 27)
L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SQHEDULED 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.
Agenda
Regular Council Meeting
January 23, 2007
Page 10
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
(A recording is made of the meeting; therefore, please speak into the
microphone located at the podium and state your name and address. If you
have a petition or other information pertaining to your subject, please present
it to the City Secretary.)
Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete
ingles- espariol en la reunion de la junta pars ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY iS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. 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.
N. 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.
28. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 80`h Texas
Legislature.
Agenda
Regular Council Meeting
January 23. 2007
Page
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
29 CITY MANAGER'S REPORT
Upcoming Items
30 MAYOR'S UPDATE
31 COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at CC p.m., January 19, 2007.
rmando 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
:IT OF (:ORPUS CHRISTI. TEXAS
Regular Council Meeting
anuary 16. 2007 - 10 00 a m
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Rex Kinn son*
Council Members
Brent Chesney
Melody Cooper *'
Jerry Garcia
Bill Kelly
John Marez
Jesse Noy? a
Mark Scctt
*Mr. Kinnison arrived at 1 J 07 a m
*`Ms. Cooper arrived at 1 C 05 a m
City Staff
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Rabbi Kenneth Roseman of Congregation Beth Israel and
e Pledge of Allegiance to the Un ted States flag was led by Council Member Brent Chesney.
Mayor Garrett called for approval of the minutes of the regular Council meeting of December
9 2006 A motion was made and passed to approve the minutes as presented.
*
Mayor Garrett referred to Lem 7 and the following board appointments were made:
City Council's Youth Advisory Committee
Analicia Banales (Appointed')
Horacio Villarreal (Appointed)
Dlivia Michelle Dowling (Appointed)
Community Youth Development (7$4151
Program Steering Commttee
Katie Childs (Reappointed)
Ana Galvan (Reappointed)
Maria Teresa Lopez ( Reappointe
`arty Rast (Reappointed •
Kimberly Riggans (Reappointed)
Ellie Cardona (Appointed)
Rosa Linda Copado Rincon (Appointed)
Commission on Children and Youth
Captain David Alaniz (Appointed)
Intergovernmental Commission on Drug and
Alcohol Abuse
William Strawn (Appointed)
Oil and Gas Advisory Committee
Charles Jacobs (Reappointed)
Sister City Committee
Coeta Montgomery (Appointed)
Guillermo Perez (Appointed)
Sharlene Sexton (Appointed)
Mayor Garrett cal ed for consideration of the consent agenda (Items 3 - 16). City Secretary
Chapa announced that Councilmember Noyola would be abstaining from the vote and discussion on
tem 3 There were no comments from the public. Council members requested that Items 9, 10 and
14 be pulled for individua consideration City Secretary Chapa polled the Council for their votes as
ows
Minutes - Regular Council Meeting
januaryi 16, 2007 -- Page 2
MOTION NO 2007 -001
Motion approving the purchase of one (1) dump truck from Philpott Motors, of Port Neches,
Texas for the total amount of $37 360. The award is based on the cooperative purchasing
agreement with the Houston Galveston Area Council (HGAC) The vehicle will be used by the
Aviation Department Funds are available in the FY 2006 -2007 Capital Outlay Budget in the
Airport Fund The vehicle is a replacement unit
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia Kelly Kinnison, Marez. and Scott. voting "Aye "; Noyola abstained.
4 MOTION NO 2007 -002
Motion authorizing the purchase of equipment for a total amount of $80,314 utilizing funds from
the 2005 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the
Po :ice Grant Fund 1061
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia. Kelly Kinnison, Marez. Noyola and Scott, voting "Aye ".
a RESOLUTION NO. 027106
Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the
Friends of the Corpus Christi Public Libraries which provides $101,000 to the City for
improvements to Parkdale Branch Library.
The foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Chesney, Garcia, Ke ly, Kinnison, Marez. Noyola. and Scott, voting "Aye ".
c ORDINANCE NO 027107
Ordinance appropriating $131.750 32 into the Library Capital Improvement Program Fund No.
3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library, and the
Beil Children's Library at the Central Library from the following sources: $101,000 from the
Friends of the Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from
unappropriated interest earnings from the Library Capital Improvement Program Fund No. 3210
for the Parkdale Branch Library, $3,119 47 from unappropriated interest earnings from the
Library Capital Improvement Program Fund No 3210 for the Janet F. Harte Public Library;
$1 802.10 from unappropriated interest earnings from the Library Capital Improvement Program
Fund No. 3210 for the Bell Children s Library at the Central Library; amending FY 2006 -2007
Capital budget adopted by Ordinance No 026997 to increase appropriations by $131,750.32.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote Garrett. Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
vctn g "Aye"
MOTION NO 2007 -003
Motion authorizing the City Manager or his designee to extend the Agreement for Standard
Maintenance with Oracle Corporation of Redwood Shores, California in the amount of
$310 443.65 for twelve (12) months PeopleSoft software maintenance and support for Asset
Na notes Regular Counc i Meetin
J 3nuary 16 2007 - Pace 3
Management Accounts Payacie, Benefits Administration, Budgeting. General Ledger, Human
Resources Inventory Prolec's Purchasing Payroll, Time and Labor Public Sector software
based on sole sourcE
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia Kelh, Kinnison. Marez. Noyola, and Scott, voting "Aye ".
6 n MOTION NO 2007 -004
Motion authorizing the City Manager or his designee to extend the Agreement for Standard
Maintenance with Oracle Corporation of Redwood Shores, California in the amount of
$39,902.20 for twelve (12) months PeopleSoft software maintenance and support for
eDevelopment eCompensation. eBenefits, eProfile, eRecruit, ePay software based on sole
sou roe.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia Kell Kinnison, Marez. Noyola. Scott, voting "Aye ".
MOTION NO, 2007 -005
Motion authorzing the City Manager or his designee to extend the Agreement for Standard
Maintenance with Oracle Corporation of Redwood Shores, California in the amount of
$28,172.61 for twelve (12) months Oracle software maintenance and support for eProfile
Manager Desktop, eCompensation Manager Desktop, Resume Processing and Talent
Acquisition Manager software based on sole source.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia Kelly Kinnison. Marez, Noyola, and Scott, voting "Aye ".
MOTION NO 2007-006
Motion authorizing the City Manager or his designee to execute a Utility Easement Instrument
with Todd Watson and wife, Nancy Watson for the acquisition of Parcel 601 in the total amount
of 841,363, containing a Utility Easement, necessary for the Southside Water Transmission
Main Phase 6 Project #8392 and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia Kelly Kinnison, Marez, Noyola. and Scott, voting "Aye ".
8 MOTION NO 2007 -007
Motion authorizing the City Manager or his designee to execute Amendment No. 8 for
construction management services in the amount of $967,080 with Anderson Group
Construction Management.., Inc , of Corpus Christi, Texas fora revised not to exceed total fee of
$3.633,920 for various Capita. Improvement Projects associated with the 2007 Capital Budget.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia Kelly. Kinnison. Marez, Noyola, and Scott, voting "Aye ".
Minutes - Regular Council Meeting
anuani 16, 200' Page 4
MOTION NO 2007 -010
Motion authorizing the City Manager or his designee to execute an engineering services
contract with Colwell and Associates. Inc., of Corpus Christi, Texas in an amount not to exceed
$39 800 for the Water Department Electrical Power Factor Adjustment Project.
T- e foregoing motio was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Keli Kinn sc•n. Marez, Novola and Scott. voting "Aye ".
2 ORDINANCE NO. 027108
Authorizing the City Manager or his designee to execute a Participation Agreement with Alty
Enterprises, Inc., Developer of Greystone Subdivision Unit 2, for the construction of a one -half
street (Sydney Street), located south of Slough Road; east of Rodd Field Road; and north of
Master Ditch 31 in accordance with the Platting Ordinance, of which the City's share of cost
sha0 not exceed $27 229 75
Ar emergency was declared, and the foregoing ordinance was passed and approved with the
following vote Garrett, Chesney Cooper. Garcia, Kelly; Kinnison, Marez, Noyola, and Scott,
voting "Aye'
3 ORDINANCE NO 027109
Authorizing the City Manager or his designee to execute a Use Privilege Agreement with Island
Foundation ("Owner), for the right to install, operate, repair, replace, and maintain a private 2-
inch PVC force main approximately 300 - linear feet along the east side of the Palmira Avenue
public right -of -way, and approximately 170 - linear feet along the north side of a dedicated
portion of the Marquesa Street unimproved public right -of -way to an existing city manhole;
establishing a fee of $720
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote Garrett. Chesney Cooper; Garcia; Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye'
MO 1 ION NO. 2007 -012
Motion authorizing the City Manager or his designee to execute a construction contract with
Jhabores Construction Company, Inc., of Corpus Christi, Texas in the amount of $1,052,804 for
the Oso Trunk Main Manhole Repair/Replacement Phase 2 and Kostoryz Road Wastewater
Manhole /Line Rehabilitation thr Base Bid A and Base Bid B
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
C000er, Garcia, Kelly. Kinnison. Marez, Noyola, and Scott, voting "Aye ".
- 6 FIRST READING ORDINANCE
Amending the Code of Ordinances, City of Corpus Christi, Chapter 12, Boats, Bays and
Waterways by amending Article III "Miscellaneous regulations on Lake Corpus Christi and
other bodies of water discharging into Nueces River;" Section 12 -106 "Game preserves in
Lower Nueces River Water Supply District, to rename the section and to prohibit hunting,
fishing, trapping, camping, dumping trash and refuse, possessing firearms, and fires within the
game preserves providing for severance, providing a penalty clause; providing for publication;
and providing for an effective (late
M n,.ites - Regular Counc Meetin
J n uary 16. 2007 Page
The foregoing ordinance was c:assed and approved on its first reading with the following vote:
Garrett, Chesney. Cooper Garcia. Kelly, Knnison. Marez, Noyola, and Scott, voting "Aye ".
Mayor Garrett opened discuussion on Item 9 regarding the Oso Water Reclamation Plant. In
response to Counc'. Member Garc a. Di ector of Engineering Angel Escobar said this project would
upgrade ewire and relocate the elecTical system at the Oso Water Reclamation Plant. City
Secretary Chapa polled the Counci for their votes as follows:
MOTION NO 200 ' -008
Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the
Contract for Professional Services with Colwell and Associates, Inc., of Corpus Christi,
texas in the amcunt of 3'3 488, for a re- stated fee of $469,483 for the Oso Water
Reclamation Plant Electr c:al /Alternate Power Facility Upgrade Part 1 for additional
ocnstruction inspection
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
3arcia Kel'v Kinnison Marez, Noyola, and Scott, voting "Aye "; Cooper was absent.
Mayor Garrett opened discussion on Item 10 regarding a Deferment Agreement relating to
Road Field Village Council Member K nnison asked questions regarding the timeframe property
owners would be allowed to begs ob`aining permits Council Member Scott asked questions
regarding the process of the deferment agreement. Council Member Garcia asked questions
regarding the infrastructure of Rode Field Village City Secretary Chapa polled the Council for their
v )tes as f ollovvs
MOTION NO 2007-009
Motion authorizing the City Manager or his designee to execute a Deferment Agreement for
a period up to two dears relating to Rodd Field Village.
Fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney,
toper Garcia, Kelly Kinnisor Marez; Noyola, and Scott voting "Aye ".
Mayor Garrett opened discussion on Item 14 regarding an agreement with Duncan
Associates, Inc. In response to Council Member Garcia, City Manager Noe said approval of the
agreement with Duncan Associates Inc would provide additional funding for continuing discussions
voth the Development Services Advisory Group and City Council City Secretary Chapa polled the
Counci for their votes as follows
14 a ORDINANCE NO 027110
Ordinance appropriating $10,000 from the Fund No. 1059- 00000 - 850517 to pay Duncan
Associates, Inc for additional services to be provided under Amendment No. 3 to the
Agreement for Consultant Services, Unified Development Code.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting 'Aye'
Minutes - Regular Council Meetinc
anuary 16 2007 Page 6
4 c. MOTION NO 2007 -011
Motion authorizing the City Manager or his designee to enter into Amendment No. 3 to the
Agreement for Consultant Services, Unified Development Code, with Duncan Associates,
Inc. for additional services and ratifying administratively approved Amendments No. 1 and 2
tc the Agreement
Tne foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia Kelly Kinn,scn Marez Noyola, and Scott, voting "Aye ".
— * * *s- * *t * **
Mayor Garrett referred to Item 17, and a motion was made, seconded and passed to open
the public hearing on the following zoning case
Case No. 1106 -08, Nasser Farahnakian A change of zoning from a "B-4" General Business
District to an "1 -2" Light Industrial District on property being 5.739 acres out of 254.069 acres,
Abstract 988, Nueces County, Texas, located along the southwest corner of Clarkwood
Road and the newly constructed State Highway 44 Bypass.
City Secretary Chapa stated that the Planning Commission and staff recommended approval
c:f the "1 -2" Light Industria District
No one appeared n opposition to the zoning change. Mr. Kelly made a motion to close the
public hearing, seconded by Ms. Cooper and passed. Mr Chapa polled the Council fortheirvotes
as +allows.
ORDINANCE NO 027111
.Amending the Zoning Ordinance; upon application by Nasser Farahnakian, by changing the
zoning map in reference to 5.739 acres out of 254.069 acres, Abstract 988, Nueces County,
Texas. from "8-4" General Business District to "1 -2" Light Industrial District; amending the
Comprehensive Pan to account for any deviations from the existing Comprehensive Plan;
Providing a penalty: providing for publication
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote Garrett. Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye'
Mayor Garrett opened discussion on Item 18 regarding a request to exempt Kitty Hawk
Subdivision from Wastewater Acreage/Lot Fees Mary Francis Teniente, Assistant Director of
Development Services, provided a background on the exemption request for Kitty Hawk Subdivision
and said the item had been tabled from November 14, 2006 to allow staff to provide additional
information regarding the number of subdivisions in the pipeline and the potential exposure for
cevelopers to request exemptions , u rrently and in the future. She added that the total impact of the
reimbursement exposure totaled $1,399 104. Ms. Teniente referred to a powerpoint presentation
including the draft "City Position paper for the Laureles Corridor; funding of projects in the
Wastewater Capital Improvement Program; and lot/acreage fees expansion of infrastructure. She
said the area south of Oso Creek wou'.d likely have wastewater service within the next 15 years
based upon funding availability and staff was not recommending exemption of acreage fees for the
Kitty Hawk Subdivision
1�1 nutes Regular Counc , Meetrn
Jnuar, 16, 2007 - Page
-'at Veteto Nith R' /E Engineering Company represented the developer John Bratton and
addressed the following issues fa rness to the residents of the Laureles Corridor to have collected
wastewater fees for the past 14 years w thout providing services and fairness to continue collecting
wastewater fees with no mplementation plan for extending wastewater services. He provided
background regarding previous C tai actions related to the Laureles Corridor and the likelihood of
e tens on within the next 5 years
Council members asked questions regarding the financial liability of exposure; timeline of the
Csc diversion. capacity and expansion of the Greenwood Wastewater Treatment Plant; the
Wastewater Capita Improvement Program projects. the use of septic tanks; and advance
completion of the Master Plan
=Council Member Mark Scott made the following motion. seconded by Council Member
Chesney City Secretary Chapa polled the Council for their votes as follows:
1 MOTION NO 200--013
Motion to deny application for exemption of Kitty Hawk Subdivision from Wastewater
Acreage /Lot Fees directing staff to advance completion of the Master Plan for Wastewater
south of Oso Creek by one year directing staff to engage owners of property south of Oso
.:;reek in the Laureies Corridor in discussions about infrastructure issues, and establishing a
ve to sever year target for t rcv son of utilities south of Oso Creek in the Laureles Corridor.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
+:doper, Garcia, Kelly Kinnisor Marez, Noyola, and Scott voting "Aye ".
Mayor Garrett opened discussion on Item 19 regarding Master Plan Lift Station No. 13. City
Manager Noe presented this item There were ro comments from the audience. City Secretary
Chapa polled the Council for their votes as follows.
1 a RESOLUTION NC 02711:.'.
Resolution amend ng Rest! -ution No 026216 adopted on April 12, 2005, to authorize the
City Manager to reactivate the Sanitary Sewer Trunk System Trust Fund for the
appropriations of funding re,mbu =sement of projects
[he foregoing resolution was passed and approved with the following vote: Garrett, Cooper,
Chesney Garcia, Kelly Kirnison Marez Noyola, and Scott, voting "Aye ".
1 b MOTION NO 2007 -014
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Oak Properties, owner and developer of Moses'
Meadow Subdivision for the installation of Master Plan Lift Station No. 13 with 12 -foot
diameter wet well. 1.017- linear feet of 10 -inch PVC force main, and related appurtenances.
he foregoing motion was passed and approved with the following vote: Garrett, Chesney,
f:;ooper. Garcia, Kelly. Kinnison. Marez, Noyola, and Scott voting "Aye ".
Minutes Regular Council Meetino
. anuar, 16. 2007 _ Page 8
ORDINANCE NO 027112
Ordinance appropriating S757 902.17 from the Sanitary Sewer Trunk System Trust Fund No.
540450 - 21800 -4220 to pay Oak Properties for the construction and installation of a Master
Pan Lift Station with 12 -foot diameter wet well;. 1,017- linear feet of 10 -inch PVC force main,
and related appurtenances within the SPA 30 Service Area. on Slough Road, east of
add Feld Road
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote Garrett Chesney, Cooper Garcia, Kelly, Kinnison, Marez, Noyola, and
Scott, voting "Aye
Mayor Garrett opened discussion on Item 20 regarding a contract with CCC Group, Inc. for
landscaping on Peoples Street T -Head Angel Escobar, Director of Engineering, explained that as
art of the 2004 Bond Issue project for Downtown Redevelopment Participation, the Peoples Street
-Head will undergo an extensive landscaping renovation in preparation of the upcoming Texas
International Boat and Je- Show at the Marina Complex.
Council members asked questions regarding the funding availability through the Downtown
Redevelopment Participation and tne November 2004 Bond Election wording; additional funding
sources; reimbursement of funding through revenues from the Boat Show; and input from
representatives of the downtown area
Bill Durriii Downtown Management District, spoke in favor of landscaping improvements at
toe manna. David Loeb. President of the Heart of Corpus Christi, spoke regarding the bond issue
wording and the use of redevelopment funding for ADA compliance and sidewalks. He said the
Heart board opposed this plan Norma Urban. President of the Downtown Management District and
member of the Downtown Redevelopment Committee, said the marina is considered part of the
cowntown area and the Downtown Management District supported the project. Abel Alonzo, 1701
? Names, spoke regarding the 2004 Bond wording, the commitment to reimburse the funding, and
tne know:edge of the project by the Committee for Persons with Disabilities. Daniel Allen, 823 S.
VVater, spoke regarding the use of the funds to improve sidewalks in the downtown area. Chad
Magill '3'5 Mesquite. spcKe in supoor of the project
C ty Secretary Chapa polled the Council for their votes as follows:
C, MOTION NO. 2007-015
Motion authorizing the City Manager or his designee to execute Change Order No. 5 to a
construction contract with CCC Group, Inc of San Antonio, Texas in the amount of
$139,798 for the Corpus Christi Marina Development Project Phase III (Floating Docks E, F,
(3 and H) for landscaping pn Peoples Street T -Head. (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper. Garcia, Kelly, Kinnson Marez, Noyola, and Scott, voting "Aye ".
Mayor Garrett called for a ecess to present proclamations and public comment.
k * * * * * * * *_ * **
Mayor Garrett cared for petitions from the audience. Bobby Scott, 467 Palmetto; Jerry
Weiser 4821 Arlene, Tom Rowel 714 Monette Drive; Judy Loverde, 909 Driftwood Place; Eric
ohnson 326 Stages Drive; Bart German, 325 Stages Dr,: and Dr. Arnold Gonzales, 110 Ocean
P. 1:rutes Regu ar :ounc.' Meetin:
;gin uar. '6 200 - Page 9
!ew; spcke in occcsit ;on of the TF <as ? & M Un versity — Corpus Christi Expansion project at Oso
C,o f Cc J se
Buck Sosa, 3801 Devonshire, Andy Barbosa, 7802 Sara Lynn; Bob White, 4502
Congressional Drive; Lionel Lopez. 4325 Phillipine, Carlos Torres, President of the Corpus Christi
F ,refighters, spoke regarding the firefighters retirement system and the Mayor's Advisory Committee.
Daniel Allen 823 S Water Street and Allan Herkimer), 715 S. Upper Broadway, spoke
regarding the plans and negotiations for the Memorial Coliseum. Johnny French, 4417 Carlton,
asked questions regarding the construction of the Packery Channel parks and the parking lots. Leon
Moyer 19417 Ridge Drive, Alamcsa, Colorado, spoke regarding access to the posting notices at
C ty Hal and bicyc,e riding lanes and sidewalks William Olson, 313 Meldo Parkway Drive, spoke
regarding concerns of zoning enforcement issues related to a boarding house in a residential
neighborhood J E O'Brien. 413(' Pornpeno spoke regarding the City's Comprehensive Annual
F :nanciai Report and the need for an internal auditor
*
*
Mayor Garrett ope red discussion on Item 21 regarding the' Wooldridge Road Reconstruction
F'roi■ect Director of Engineering Angel Escobar presented this item. There was no comment from
tne audience. City Secretary Chace polled the Council for their vote as follows:
21 a. MOTION NO. 2007 -016
Motion authorizing the City Manager or his designee to execute a construction contract in
he amount of 36,876.508.70 with H & G Contractors, Inc of Corpus Christi, Texas for the
Wooldridge Road Reconst- uction Project - Phase 2 from Airline Road to Rodd Field Road.
BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia, Kelly. Kinnison Noyola. and Scott, voting "Aye "; Marez was absent.
MOTION NO. 2007 -017
Motion authorizing the city Manager or his designee to execute an agreement for
Construction Mate -ials Engineering Laboratory's Inspection and Materials Testing Services
n the amount of $25.082 with Rock Engineering & Testing Laboratory, Inc., of Corpus
hristi Texas for tne Wooldridge Road Reconstruction Project - Phase 2 from Airline Road
c Rodd Field Road (BOND ISSUE 2004)
Fhe foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper Garcia, Kelly. Kinnison Noyola. and Scott, voting "Aye "; Marez was absent.
Mayor Garrett opened discussion on Item 22 regarding the City's Code of Ordinances,
Chapter 10, Beachfront Management and Construction, City Secretary Chapa announced that
Counciimember Kelly would be abstaining from the vote and discussion on Item 22. Gary Smith,
Assistant City Attorney, explained that the proposed ordinance would provide for marking
pedestr an safe areas at the seawall and the authority to determine the direction of travel in front of
the seawall. Bill Kopecky 3609 Topeka, spoke regarding changes to the beach access ordinance
and beach renourishment City Secretary Chapa polled the Council for their vote as follows:
`Atirlutes -- Regular Council Meeting
ianuary 16, 2007 Page 10
2 FIRST READING ORDINANCE
F rst Reading Ordinance Amending the Code of Ordinances, City of Corpus Christi,
Chapter 10; Beachfront Management and Construction, by amending Article VII "Traffic,"
Section 10 -77 "Pedestrian safe areas," to provide for marking and signage for pedestrian
safe areas and Section 12 -80 'One -way traffic on beach and access roads" to provide for
designation of the direction of travel between the northern end of the Padre Island seawall
and Padre Balii Park prov cling for severance providing for publication; and providing for an
effective date.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper. Garcia Kinnison. Noyola, and Scott, voting "Aye "; Kelly
aostained Marez was absent
* * * * * * * * **
Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi
mmun ty Improvement Corporaron rCCCICI
* * * * * * * *
*
*
*
Mayor Garrett referred to Item 25, a presentation regarding the Local Economic Benefits of
the 2006 `Conquer the Coast" Cycling Event. Gretchen Arnold referred to a powerpoint presentation
°c :uding the total economic impact of $1.35 million based on direct, indirect and induced income
and the success of the event due to the environment of Corpus Christi. She added that the
Conquer the Coast" Event is scheduled for September 29, 2007
Mayor Garrett reterred tc item 27, a presentation regarding an update of the Mayor's
Advisory Committee for the Fire "righters Retirement System. Assistant City Manager Oscar
Martinez referred to a powerpoint presentation including: a background and overview of the Fire
F=ighters Retirement System; comparison of the Texas Municipal Retirement System contribution
ate, the Mayor's Advisory Committee membership; key points and issues reviewed by the
ommittee, and the total rroposeo cost projected through a five year phase in period.
Mayor Garrett referred tc Item 28; a presentation regarding the Oso Municipal Golf
Courser[ exas A & M University — Corpus Christi Expansion Project. Dr. Flavius Killebrew, President
of Texas A & M University — Corpus Christi, spoke regarding the need to expand the University
based on space utilization and growth the economic and cultural impact of the University to the
community; and the need for community involvement.
City Manager Noe referrer to a powerpoint presentation including a background of the
project the opportunity to expand ..lose to the current campus; the planning and feasibility analysis
and positive potential of the expansion provided by the University; the City's role including options to
provide an alternative goi' course a replacement facility and required funding; and the process of
t' e proect.
Council members asked questions regarding the transaction of property; ballot language for
an election; community involvement and input; development of the location; and alternative locations
for the expansion Council members expressed their support of the University.
Mayor Garrett asked staff 70 reschedule Item 24 regarding the First Quarter FY2006 -2007
Budget Performance Report and Item 26 regarding Gas Department Operations.
iM mutes - Regular Counc i Meetin
Jan.uari, 16. 2007 - Page 11
fc.i ows
Mayor Garrett any - ounced the executive sessions. which were listed on the agenda as
2 Executive session under Texas Government Code Sections 551.071 and 551.072 regarding
cnsultation with attorney and deliberation regarding the Oso Beach Municipal Golf Course
property and/or possible location of a future golf course site with possible discussion and
:fiction related thereto in open session
I- xecutve session under Texas Government Code Section 551.072 regarding real estate
transaction issues relating to the lease of the Memorial Coliseum site with possible
Discussion and action related thereto in open session.
he Councii went nto executive session. The Council returned from executive session.
* * * * * ** * **
Mayor Garrett called for the City Manager's report. City Manager Noe reported that the
Corpus Christi Firefighters Association is voting on their contract and if approved, the ratification by
Council is scheduled for next Tuesday Mr. Noe referred to a memo clarifying the language to
amend the Nueces County's Proposed Dune Protection plan regarding grandfathering previously
patted subdivision to not be affected by the proposed 350 -foot rule and the minimization and
avoidance effects on the dunes by utilizing the 350 -foot setback
Mayor Garrett called for CoUncII concerns and reports. Council Member Noyola asked staff
tc make the lessee of the property accountable, and not the owner when disconnecting utility
services Mr. Noyola asked Police Chief Bryan Smith questions regarding graffiti removal and
u 'insured vehicle impound
Council Member Cooper asked staff to look into signage for the intersection at Yorktown
Boulevard and Cimarron Boulevard and deteriorated locations at the airport. Ms. Cooper
announced the next Town Hall meeting is scheduled on Monday. January 22nd at 6:00 p.m. at
Merger Elementary School Cafete- a
here being no fur-her bus ness to come before the Council, Mayor Garrett adjourned the
Counci: meeting at 4 31 p m on January 16, 2007
* * * * * * * * * * *
2
ELECTRICAL ADVISORY BOARD — Seven (7) vacancies with two -year terms to 12 -31 -08
representing the following categories: 1- Master Electrician, 1 — Not Connected with the
Electrical Industry, 1 Journeyman Electrician, 1 — Home Builder, and 1- Electrical Engineer. 1
Field Representative from a tilit\ Power Distribution Company, and 1 — Electrical Supply
Business.
DUTIES: To evaluate work experience, education, and other qualifications of applicants for
electrician licenses, preparation and grading of examinations for each classification of electrician
required to he examined; to prescribe the manner and sequence of examinations; to revoke or
suspend license on proof of infractions; to recognize licenses issued by other cities if they meet
the requirements of the City ('ode. An applicant who fails an examination three times may
appeal to the City Manager to appoint a special board to examine said applicant.
COMPOSITION: Ten (10) persons appointed by the City Council: two (2) persons with at
least five years active experience as a master electrician; one (1) person with at least five years
active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered
professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in
Electrical Engineering and a minimum of five years experience in electrical engineering; one (1)
person with five years experience in the commercial building industry; one (1)person with five
ears experience in the home building industry; one (1) member, residents of Corpus Christi, not
connected with the electrical industry; one (1) field representative from a utility power
distribution company; and one r 1) person in the electrical supply business. Five (5) members of
the Board constitute a quorum, and concurring vote of not less than five (5) members is
necessary to constitute an official action of the Board.
MEMBERS
Florentino Vasquez (Master Elec.)
* ** *Martin Adrian (Master Elec.), Vice -Chair
VACANT (Utility Power Co
* ** *Robert R Connoly (Not coign. to elec. industry)
*Craig Loving (Journeyman Elec)
Albert Alaniz (Reg. Engineer)
Bill Ewing, Jr. (Commercial Builder)
** *Charles E. Sebbert (Home Builder)
*Lee Montgomery (Electrical Eng)
VACANT (Electrical Supply Bus)
TERM
12 -31 -07
12 -31 -06
12 -31 -06
12 -31 -06
12 -31 -07
12 -31 -07
12 -31 -06
12 -31 -06
ORIGINAL
APPTD. DATE
12 -20 -05
1 -09 -01
1 -09 -01
1 -18 -05
12 -20 -05
9 -14 -04
5 -16 -00
1 -18 -05
*Seeking reappointment
***Resigned
* ** *Has met the six year limitation allowed by ordinance and is ineligible for reappointment
(Vote: The Electrical Advisory Board is recommending the reappointments of Craig
Loving (Journeyman Elec) and Lee Montgomery (Electrical Engineer) and the new
appointments of:
Billy Ashcraft ( Utility Power Distribution Company)
Dan Dibble (Home Builder
Don Fretwell (Electrical Supply Businessr)
Tommie Lee (Master Electrician)
Bhaskar Patel (Not Connected with the Electrical Industry)
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
Craig Loving (Journeyman Elec) 6
1 ee Montgomery (Electrical Eng) 6
NO.
PRESENT
5
5
OTHER INDIVIDUALS EXPRESSING INTEREST
Billy Ashcraft
Asrnohi Barrera
Daniel M. Dibble
)on Fretwell
1 ommie Lee
% OF ATTENDANCE
LAST TERM YEAR
83%
83%
Distribution Supervisor, A.G.P. Attended Del Mar College.
Activities include: Padre Soccer Board. (Field Representative)
(1- 18 -07)
Manager, Rabalais I & E Constructors. Received electrical
apprenticeship. Deacon at Southcrest Baptist Church. Received
Honor an Outstanding Instructor award from the Associated
Builders and Contractors Texas Coastal Bend Apprenticeship
Program. (Master Electrician) (11- 15 -05)
Banking Center President, Prosperity Bank. Received BBA in
Finance from Texas Christian University and MBA from Texas
A&M- Corpus Christi. Activities include: Builders Association —
Board of Directors. (Home Builder) (12- 15 -06)
Sales. Columbia Electrical Supply. Received BA in
Business /Management from Texas A &M University. (Supplier)
01- 18 -01)
President, T L Electric, Inc. 60 hours College towards EE.EM "A"
(Flectncian) School. Activities include: Electrical Contractor,
Engineering Chief Warrant Officer -USCG. Received
Achievement Medal and Armed Forces Reserve Medal — USCG.
(12 -4 -06) (Master Electrician)
Bhaskar Patel
Mike Ri ley
Kime{a Thomas
Peter Walke,
William (Bill) Wright
P--ojec{: Engineer, Maverick Engineering, Inc. Received M.S. in
Engineering from Texas A & I University — Kingsville and is a
registered professional engineer. Current board member of the
E oastal Bend Volunteer Center. (Not Connected with the
Electrical Industry) (12- 05 -05)
P'oject Manager, Scott Electric Co., Inc. Received National Joint
Apprenticeship Training. Activities include: United Way and
Habitat for Humanity. (Master Electrician) (11- 16 -05)
President and Plaster Electrician, TKS Electric Services, Inc.
Received A.A. from Del Mar College. Member of Junior
ALhieAement. Received Estimator of the Year and Rookie of the
\ ear for Design Electric. (Master Electrician) (7- 26 -05)
Sales. ('orpus Christi Electrical Company. Received BBA from
University of North Texas. Activities include: Habitat for
Humanity, United Way and St. Mark's Church.
(11- 21 -06) (Not Connected with the Electrical Industry)
Journeyman Electrician, Scott Electric. Received training from
Joint Apprentiship Training Center. Activities include: Boy Scout
T -oop Committee. Received Eagle Scout Award. Licensed
Journeyman. (1- 10 -05) (Journeyman Electrician).
3
Requested Council Action: 01/16/07
Alternate Council Date: 1/23/07
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Fox Scientific, Inc., Alvarado, Texas for
laboratory chemicals and supplies in accordance with Bid Invitation No. BI- 0199 -06, based on low bid for an
estimated annual expenditure of $30,033.96. The term ofthe agreement shall be for twelve months with options to
extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or
his designee. Funds have been budgeted by Water Department for FY06 -07.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * ** * * * * **
BACKGROUND:
Purpose:
These laboratory supplies, 137 line items, will be used in the Water Laboratory for
their everyday chemical and bacteriological testing of water, wastewater and storm
water samples.
Bid Invitations Issued: Four
Bids Received Three
Award Basis: Low Bid
Fuming:
Water Department $30,033.96
520230- 4010 -31 700
Michael Barrera
Procurement and General Services Manager
CITY OF CORPUS CHRISTI
PURCHADSING DIVISION
BID TABULATION
BID INVITATION NO. BI- 0199 -06
LABORATORY SUPPLIES
BUYER: MARIA GARZA
VENDOR TOTAL PRICE
FOX SCIENTIFIC $30.033.96
ALVARADO, TX
(1)
FISHER SCIENTIFIC CO., LLC
HANOVER PARK, IL
$36,119.56
(2)
SPECTRUM CHEMICALS & $13,023.20
LABORATORY PRODUCTS INC (Incomplete)
TUCSON, AZ
NOTE' (1) Prices submitted by Fisher Scientific Co.. LLC are not firm for the twelve months.
(2) Spectrum Chemicals & Laboratory Products, Inc. did not bid on all 137 line items.
4
Requested Council Action: 1/23/07
Alternate Council Date: 1/30/07
COUNCIL MEMORANDUM
A APPROPRIATING $132,289.00 FROM THE AUCTION PROCEEDS FROM THE SALE OF
SOLID WASTE EQUIPMENT IN FUND 5110 FOR THE PURCHASE OF A USED CRAWLER
TRACTOR FROM WAUKESHA - PEARCE INDUSTRIES; AMENDING THE FY 06 -07 OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 026908 BY INCREASING APPROPRIATIONS BY
$132.289.00: AND DECLARING AN EMERGENCY
3 i Motion approving the purchase of a used crawler tractor from Waukesha - Pearce Industries, Corpus Christi,
Texas in accordance with Bid Invitation No. BI- 0065 -07 based on best value for a total amount of $132,289.
fhe equipment will be used at the J C Elliott Landfill. Funding for the equipment is available in the Capital
Outlay Budget in the Maintenance Sell ices Fund. The equipment is a replacement unit.
* * ** * * * * * * **ye * * * * * * * * **w * * * * * ** * * * * * ** ** * * * * * * * * ** * * * * ** * * **** *:roc *** ** *:tic ** * * * * * * **
BACKGROUND:
Purpose he used crawler tractor will be used to manage materials disposed at the J C
F.11iott Landfill. The equipment is a replacement unit.
Bid Invitations Issued-
Bids Received
- \ward Basis
Funding
Michael : rrera
Procurement and General Services Manager
thirteen
wo
Best Value
the evaluation team, comprised of team members from Fleet Maintenance,
Purchasing and Solid Waste Department, developed a matrix of the evaluation
criteria. The evaluation criteria components set forth in the proposal included:
! 1) Age of unit & hours of use 20 %, (2) Undercarriage 20 %, (3) Warranties
available to the City 15 %, (4) Bidders Profile and Qualifications 15 %, and (5)
`ost 30" The evaluation team reviewed each bid proposal response and
completed the evaluation matrix. The resulting matrix prioritized each vendor
'used oil the point value assigned for each criterion component in the
,evaluation matrix. Vendor rankings based on this scoring method are shown in
the attached evaluation matrix.
Xs a result .)f the evaluation, the team has selected Waukesha- Pearce
ndustries, as the best valued supplier for this opportunity.
Maintenance Services
550020 110 -40120
FY06 -07
S 132,289.00
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
DATE: 12/22/06
SUMMARY EVALUATION MATRIX
BID INVITATION NO.: BI- 0065 -07
USED CRAWLER TRACTOR
Waukesha- Pearce Industries
Corpus Christi, Texas
Holt -Cat
Corpus Christi, Texas
Evaluation Criteria
Maximum
Points
Points
Awarded
Points
Awarded
Age of unit & hours of use
20 points
17.11
10.11
Evaluation Team Score
17.11
10.11
Undercarriage
20 points
17.77
15.55
Evaluation Team Score
17.77
15.55
Warranties available to the City
15 points
11.30
7.45
Evaluation Team Score
11.30
7.45
Bidder's Profile &
Qualifications
15 points
15
15
Evaluation Team Score
15
15
Pricing
30 points
30
19.23
SCORE
91.18
67.34
Purchase Price
$132,289.00
$206,400.00
ORDINANCE
APPROPRIATING $132,289.00 FROM THE UNAPPROPRIATED FUND
BALANCE IN FUND 5110 FOR THE PURCHASE OF A USED CRAWLER
TRACTOR FROM WAUKESHA - PEARCE INDUSTRIES; AMENDING THE FY
06-07 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026908 BY
INCREASING APPROPRIATIONS BY $132,289.00; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Appropriating $132,289.00 from the Unappropriated Fund Balance
in Fund 5110 for the purchase of a used Crawler Tractor from Waukesha - Pearce
Industries.
SECTION 2. Amending the FY 2006 -2007 operating budget adopted by
Ordinance No. 026908 by increasing appropriations by $132,289.00.
SECTION 3. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of January, 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED: January ' 2007.
\L-6f EVLCC'OL,;(:1L-LC
Veronica Ocanas
Assistant City Attorney
For City Attorney
Ocanas ORD APPR 4 l ractor Tra I lla
Corpus Christi, Texas
Day of , 2007
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
City of Corpus Christi
Council Members
The above ordinance 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
t ,canal ORD APPR 4 Tractor Tra:l.Eta
5
Requested Council Action: 1/23/07
Alternate Council Date: 1/30/07
COUNCIL MEMORANDUM
RECOMMENDATION: A ) Motion approving the lease purchase of one (1) backhoe loader and one (1)
wheel loader from Doggett Heavy Machinery Services, Ltd., Corpus Christi, Texas for a total amount of
$458.501.33 The award is made in accordance with the cooperative purchasing agreement with the Texas
Local Government Cooperative. The equipment will be used at the JC Elliott Trash and Recycling Center.
Funds for the lease purchase of equipment will be provide through the City's lease /purchase financing
program.
B ) Motion approving the lease purchase of equipment from the following companies for the following
amounts for a total amount of $1 154,236.06. The award is based on the cooperative purchasing
agreement with the Houston Galveston Area Council (H -GAC). The equipment will be used at the JC
Elliott Trash and Recycling Center. Funds for the lease purchase of equipment will be provided through
the City's lease /purchase financing program.
Hi -Way Equipment
Houston, Texas
Vacuum Machine
$35,758.06
Rush Equipment Center of Texas, Inc.
Houston, Texas
Tractor Trucks & Trailers
$1,118,478.00
Subtotal (B) $1,154.236.06
Grand Total (A) & (B): $1,612,737.39
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Purpose:
Basis of Award:
The equipment will be used at the JC Elliott Trash and Recycling Center to
transfer waste deposited at the transfer station to the newly opened Cefe
Valenzuela Landfill. The equipment is an addition to the Street and Solid
Waste Services Fleet.
The equipment from Doggett Heavy Machinery Service, Ltd. will be
purchased through the Texas Local Government Purchasing Cooperative's
electronic purchasing system, called the BuyBoard. The Cooperative is
administered by the Texas Association of School Boards and is endorsed by
the Texas Municipal League (TML) and the Texas Association of Counties
(TAC) and abides by all Texas statutes regarding competitive bidding
requirerents.
The equipment from Hi -Way Equipment and Rush Equipment Center of
Texas, 1 nc. will be purchased through the cooperative purchasing agreement
with HG AC, HGAC acts as a purchasing agent for participating members
through the Inter -local Cooperation Act and abides by all Texas statutes
regarding competitive bidding requirements.
Funding:
Requested Council Action: 1/23/07
Alternate Council Date: 1/30/07
Solid Waste Department FY06 -07 $107,961.24
530190 -1020 -12504
Lease Purchase - Backhoe and Wheel Loader
The backhoe & wheel loader will be funded for a sixty -month period with
an estimated interest rate of 4.5 %. The actual interest rate will be
determined after the acceptance of the equipment. The estimated annual
payment is $102,574.19. Total estimated cost over the five year period,
including principal of $458,501.33 and interest of $54,369.62, is
$51 2,870.95
Lease Purchase — Tractor Trucks and Trailers
The Peterbilt 340 truck with roll -off body and three roll off containers,
Peterbilt 357 tractor truck and the 48" trailers will be funded for a sixty -
month period with an estimated interest rate of 4.5 %. The actual interest
rate will be determined after the acceptance of the equipment. The estimated
annual payment is $250,221.72. Total estimated cost over the five year
period, including principal of $1,118,478.00 and interest of $132,630.60, is
$1,251,108.60.
Lease Purchase — Vacuum Machine
The Madvac 101 all wheel drive vacuum machine will be funded for a
sixty -month period with an estimated interest rate of 4.5 %. The actual
interest rate will be determined after the acceptance of the equipment. The
estimated annual payment is $7,999.68. Total estimated cost over the five
year period, including principal of $35,758.06 and interest of $4,240.34, is
$39,998,40.
The amount of funds shown above are the funds budgeted for lease
payments for FY06 -07. Funds will be requested by the using department
for FY07 -08 and all subsequent budget years during the normal budget
process
Michael Barrera
Procurement & General Services Manager
c U
D a`
$273, 509 00
$136, 754 50
$364,794.00
0 0
0 0
Q) M
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HI -WAY EQUIPMENT
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$326,412.03
$326.412 03
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DESCRIPTION
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Peterbilt 357 Tractor Truck
Trail King AWFLR 48' Trai
0
o
Award Total
$1,154,236.06
$1,612,737 39
Grand Total (A) &
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 23, 2007
AGENDA ITEM:
Item A. A resolution authorizing the City Manager or designee to accept a grant of
$103,009 from the Department of State Health Services to provide tuberculosis prevention
and control services and execute all related documents.
Item B An ordinance appropriating a grant of $103,009 from the Department of State
Health Services in the No. 1066 Health Grants Fund to provide tuberculosis prevention and
control services. and declaring an emergency
ISSUE: ISSUE: The Health District is in receipt of Contract #2007 - 021972 -001 with the
Texas Department of State Health Services (DSHS). The contract provides the Health
District with $103,009.00 in financial assistance to fund the elimination and control of
tuberculosis in Nueces County. These funds will provide services to individuals who have
tuberculosis or those who have a high risk of developing tuberculosis. The contract period
is from 1/1/07 through 12/31/07
REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds.
PREVIOUS COUNCIL ACTION: Council approved contract for FY06.
FUNDING: There is no match funding required.
CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant
and appropriate funding for the elimination and control of tuberculosis in Nueces County.
(Department ead S ature)
BACKGROUND INFORMATION
BACKGROUND: This is a grant that has been provided to the Health District from DSHS
for many years. The purpose of this funding is to provide services to prevent, treat, and
control tuberculosis within Nueces County. No matching funds are required. The grant
provides support for staff salaries, clinic supplies, and the provision of radiological services
to TB clients. This past January 1 through December 31, 2006 the TB Program serviced
11,300 patients.
DEPARTMENT OF STATE HEALTH SERVICES
his contract, number 2007 - 021972 (Contract), is entered into by and between the Department
of State Health Services (DSHS or the Department), an agency of the State of Texas, and
CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY)
Contractor), a Public Entity, (collectively, the Parties).
Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide,
services or goods to the eligible populations as described in the Program Attachments.
Total Amount of the Contract and Payment Method(s). The total amount of this Contract
i>
S103,009.00, and the payment method(s) shall be as specified in the Program Attachments.
Funding Obligation. This Contract is contingent upon the continued availability of funding.
]f funds become unavailable through lack of appropriations, budget cuts, transfer of funds
between programs or health and human services agencies, amendment to the Appropriations Act,
health and human services agency consolidation, or any other disruptions of current appropriated
funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract.
Term of the Contract. This Contract begins on 01/01/2007 and ends on 12/31/2007. DSHS
has the option, in its sole discretion, to renew the Contract as provided in each Program
Attachment. DSHS is not responsible for payment under this Contract before both parties have
ssgned the Contract or before the start date of the Contract, whichever is later.
`- Authority. DSHS enters into this Contract under the authority of Health and Safety Code,
Chapter 1001.
6 Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
h. Program Attachments:
2007 - 021972 -001 TB - PREVENTION AND CONTROL
L. General Provisions (Subrecipient)
d. Solicitation Document(s), and
e. Contractor's response(s) to the Solicitation Document(s).
f - Exhibits
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein.
1
t Conflicting Terms. In the event of conflicting terms among the documents forming this
( ontract, the order of control is first the Core Contract, then the Program Attachment(s), then the
General Provisions, then the Solicitation Document, if any, and then Contractor's response to the
Solicitation Document, if any.
8 Payee; The Parties agree that the following payee is entitled to receive payment for services
rendered by Contractor or goods received under this Contract:
'name: CITY OF CORPUS CHRISTI
Address: PO BOX 9277
CORPUS CHRISTI, TX 78469 -9277
Vendor Identification Number: 17460005741027
9 Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
B� signing below the Parties acknowledge that they have read the Contract and agree to its
Terms, and that the persons whose signatures appear below have the requisite authority to execute
his Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC
HEALTH DISTRICT (CITY)
By.
Signature of Authorized Official
Date
Bob Bumette. C °.P.M., CTPM
Director. Client Services Contracting tin it
100 WEST 49TH STREET
By:
Signature
Date
Printed Name and Title
ddress
:AUSTIN, TEXAS 78756 City. State, Zip
512) 458 -7470
Bob.Bumette @dshs.state,tx.us
Telephone Number
E -mail Address for Official Correspondence
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A
GRANT OF $103,009 FROM THE DEPARTMENT OF STATE HEALTH
SERVICES TO PROVIDE TUBERCULOSIS PREVENTION AND
CONTROL SERVICES AND EXECUTE ALL RELATED DOCUMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or his designee is authorized to accept a grant of
$103,009 from the Texas Department of State Health Services to provide tuberculosis
prevention and control services and execute all related documents required by the
State. The grant period is from 1/1/07 through 12/31/07.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January 17, 2007
4613e/ k- 71-jitiVatt
Elizabeth R. Hundle /
Assistant City Attorney
for the City Attorney
EHres187 doc
Henry Garrett
Mayor
Corpus Christi, Texas
2007
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
AN ORDINANCE
APPROPRIATING A GRANT OF $103,009 FROM THE
DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066
HEALTH GRANTS FUND TO PROVIDE TUBERCULOSIS
PREVENTION AND CONTROL SERVICES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. A grant of $103,009 from the Texas Department of State Health
Services is appropriated in the No. 1066 Health Grants Fund to provide tuberculosis
prevention and control services.
SECTION 2. Upon the written request of the Mayor or five Council members, copy
attached, the City Council: (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City
affairs, and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the day of
, 2007
ATTEST:
Armando Chapa
City Secretary
APPROVED: January 17, 2007
I'OO,
EIi =h R. Hundley
As .. nt City Attorney
for the City Attorney
EHord201 doc
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL:
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emer-
gency 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,
Council Members
Henry Garrett
Mayor
The above ordinance 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
7
CITY COUNCIL
AGENDA MEMORANDUM
January 23, 2007
AGENDA ITEM: Resolution authorizing the City Manager, or designee, to execute an Interlocal
Agreement with the City of Kingsville to provide for joint use of Public Safety Computer Aided
Dispatch, Records Management, and Mobile Data Computer Systems from Intergraph,
Corporation to be paid for in annual payments of $15,000 for client software, data conversion
and storage, and training.
ISSUE: City of Kingsville Police Department (KPD) has been an excellent team member
with the previous 2002 interlocal agreement that allowed them to share the Tiburon
Phoenix CAD and RMS system. KPD was previously paying $10,000 annually for the
ability to access CCPD's Tiburon system, data storage, and for reports and training.
Ongoing maintenance costs are included in this annual fee.
REQUIRED COUNCIL ACTION: City Council must approve all interlocal agreements.
PREVIOUS COUNCIL ACTION: City Council approved awarding of the Public Safety
System to Intergraph, Corp. March 28, 2006.
FUNDING: The funds for City of Kingsville's software licenses are in the previously approved
Intergraph allocation from Motion 2006 -M095.
RECOMMENDATION: Staff recommends approval of the resolution to sign the Interlocal
Agreement with City of Kingsville.
Ogilvie Gericke, Director
Information Systems
BACKGROUND INFORMATION
The City Council previously approved a contract between the City of Corpus Christi
and Intergraph Corp. to provide Computer Aided Dispatch, Records Management, and
Mobile systems to replace the Tiburon Phoenix system that the vendor has withdrawn
and no longer supporting as of Dec. 31, 2006. Included with the Intergraph system
was the ability to include other agencies such as the City of Kingsville. To complete
this process, City of Kingsville must acquire client licenses in order to access the
Computer Aided Dispatch, Records Management, and Mobile Data Computer Systems.
The City contract with Intergraph included a contingency fund that is being used to
acquire the licenses for the City of Kingsville, with the expectation City of Kingsville will
pay the City of Corpus Christi in annual on -going payments as in the past.
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CITY OF KINGSVILLE TO
PROVIDE FOR JOINT USE OF PUBLIC SAFETY COMPUTER AIDED
DISPATCH, RECORDS MANAGEMENT, AND MOBILE DATA
COMPUTER SYSTEMS FROM INTERGRAPH CORPORATION TO BE
PAID FOR IN ANNUAL PAYMENTS OF $15,000 FOR CLIENT
SOFTWARE, DATA CONVERSION AND STORAGE AND TRAINING.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an
interlocal agreement with the City of Kingsville to provide for joint use of public
safety computer aided dispatch. records management, and mobile data computer
systems from Intergraph Corporation to be paid for in annual payments of
$15,000 for client software, data conversion and storage and training. A copy of
the Agreement is attached hereto as Exhibit A and incorporated herein.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January 17, 2007
/1 �y
Lisa Aguilar
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
City of Corpus Christi
&:
City of Kingsville
INTERLOCAL AGREEMENT
FOR JOINT USE OF PUBLIC SAFETY COMPUTER AIDED DISPATCH,
RECORDS MANAGEMENT, AND MOBILE DATA COMPUTER SYSTEMS,
AND SHARING OF COMPUTERIZED CRIMINAL HISTORY INFORMATION
This interlocal Agreement for Joint Use of Public Safety Computer Aided Dispatch,
Records Management, and Mobile Data Computer Systems and Sharing of Criminal
History Information (this Agreement) is entered into pursuant to the Interlocal
Cooperation Act, Chapter 79 Texas Government Code, regarding law enforcement
services provided through a cooperation of municipalities, counties, and certain other
local governments b\ and between:
The City of Corpus Christi, an incorporated, home -rule municipality of the State of
Texas, having its principal administrative offices at 1201 Leopard Street, Corpus Christi,
Texas 78401. acting through the City of Corpus Christi Council; and
The City of Kingsville, and incorporated, home -rule municipality of the State of Texas,
having its principal administrative offices at 200 E. Kleberg . Kingsville, Texas 78363,
acting through the City of Kingsville Commission;
Whereas, the City of Corpus Christ Police Department and the City of Kingsville police
Department each maintain a separate computerized criminal justice computer system
(computer system):
'Whereas, the parties currentl i have access to each other's local criminal history records
due to a prior interlocal agreement:
Whereas, both parties desire to provide for joint use of public safety computer aided
dispatch, records management, and mobile data computer systems to assist their mutual
goals of improving efficient criminal justice administration;
Whereas, both parties desire to maintain the increased computer access to local criminal
records to assist their mutual goals of improving efficient criminal justice administration;
OW. THEREFORE, the parties above agree as follows:
Purpose of Agreement. The purpose of this Agreement is to provide for joint
use of public safety computer aided dispatch, records management, and
mobile data computer systems, and for increased computer access to local
criminal records to assist the parties' mutual goal of improving efficient
criminal justice administration. By having entered into this Agreement, the
1
parties will have the additional investigative abilities as set forth in this
Agreement. The parties are authorized to conduct and perform the following:
.T ie Cit.- of Comus Christi wil`:
a. Maintain computer equipment, hardware, software, interfaces,
and licenses necessary to operate the Corpus Christi Police
Department computer aided dispatch, records management and
mobile data computer system, making it available to authorized
parties
b Provide access to and monitoring of authorized City of
Kingsville employees and provide vendors to install, maintain
and upgrade the hardware, software, interfaces and licenses
necessary to allow the joint use provided for in this Agreement.
c Provide operational security training on a "train -the trainer" basis
to certain City of Kingsville employees certified as requiring
access to the Corpus Christi Police Department computer system.
d Supervise and monitor operations and access to the computer
system by the City of Kingsville and the City of Corpus Christi
employees and maintain system level computer tables and data
files provided by the Kingsville Police Department.
e Be solely responsible for system level access maintenance.
Provide backup data files, create printer queues as needed, create
and maintain paging list upon receipt of request, and create and
maintain records management system e -mail lists upon receipt of
request.
Abide by all applicable confidentiality and security rules
established by the Corpus Christi Police Department and any
other applicable state or national agency providing computerized
cnminal history or criminal justice information to the parties.
Prohibit any employee access to the Corpus Christi Police
Department computer system or information from the system
unless and until the employee has been properly trained and has
read, signed and agreed to abide by the Dissemination of
Information Policy and the Security Training Acknowledgement
Form.
2
StrictIt prohibit access to the Kingsville Police Department data
files or use of information for any other purpose other than
officio. criminal justice administration.
Take appropriate disciplinary action against any employee who
violates any term of this agreement or any rule applicable to the
criminal justice computer system and immediately notify the
Kingsville Police Department of any unauthorized access to or
use of the computer system.
The City of Kingsville will:
a Purchase, install and maintain all necessary computer equipment,
telephone lines and connectivity equipment as approved by the
Corpus Christi Police Department to link and access Corpus
Christi local criminal records as maintained by the Corpus
Christi Police Department computer system.
Purchase, install and maintain all necessary computer hardware,
software and/or software licenses as approved by the Corpus
Christi Police Department computer system to support access to
the Corpus Christi Police Department computer system.
c- Purchase and maintain annual maintenance agreements for
software upgrades and telephone support with vendor(s)
approved by the Corpus Christi Police Department.
d. Install and maintain Kingsville Police Department data files on
the Corpus Christi Police Department computer system and take
all necessary steps to enable authorized City of Corpus Christi
employees read -only access to Kingsville Police Department data
files
Provide a diagram indicating the physical layout of all equipment
of the Kingsville Police Department that is connected in any
manner to the Corpus Christi Police Department computer
system.
Abide by all applicable confidentiality and security rules
established by the Corpus Christi Police Department and any
other applicable state or national agency providing computerized
criminal history or criminal justice information to the parties.
g. Prohibit any employee access to the Corpus Christi Police
Department computer system or information from the system
unless and until the employee has been trained and has read,
3
signed and agreed to abide by the attached Dissemination of
Information Policy (Exhibit #1) and the attached Security
Training Acknowledgement Form (Exhibit #2).
Prohibit any employee from entering or changing any
information or deleting any information from any record of the
Corpus Christi Police Department computer system other than
Kingsville data files residing on the Corpus Christi Police
Department computer system, which files the Kingsville Police
Department_ has sole responsibility to add, delete and modify.
Strictl . prohibit access to the Corpus Christi Police Department
computer system or use of information for any purpose other
than official criminal _justice administration.
Take appropriate disciplinary action against any employee who
violates any term of this Agreement or any rule applicable to the
criminal justice computer system and immediately notify the
Corpus Chnsti Police Department of any unauthorized access to
or use the computer system.
Immediately notify the Corpus Christi Police Department when
an authorized user ceases to be employed by the City of
Kingsville
Pay an annual fee to the City of Corpus Christi each year for
materials, personnel, administration, and overhead costs and
usage of the computer system. The parties expressly understand
that services to be rendered under this Agreement shall not be
performed until the annual or prorated payment is made_
m. Annual fees are due as follows: $15,000 by each November 1.
viability Coverage Nothing contained within this Agreement shall constitute
a waiver of any defense, or sovereign immunity of any law enforcement
officer, municipality, county, or other third party under the laws of the State of
Texas
Each party retains all sovereign immunity and defenses as a governmental
entity or as an officer or employee of a governmental entity.
To the extent authorized by law, each party hereto shall indemnify the
other parties for any all liability of whatsoever nature caused by any
employee of the indemnifying party. To the extent authorized by law, each
party agrees to hold every other participating entity and its officials and
employees harmless from any and all liability including but not limited to
4
any property, physical or non physical damages or loss incurred by third
parties or by of.icers or employees of any participating entity of
whatsoever nature caused, including but not limited to omissions or acts of
negligence, gross negligence or intentional acts, as a result of any officer
or employee of any such party carrying out the duties assigned hereunder.
Term of Agreement. This Agreement shall renew each year on the anniversary
date of this Agreement subject to annual appropriations of each of the parties
listed above as part of their regular budget process. This Agreement is
superseded only by any other more restrictive state of federal law. Each party
may terminate their participation in this Agreement as follows:
1. Upon providing 90 days prior to end of anniversary written notice to the
other party at the addresses indicated below:
Chief of Police
City of Corpus Christi
321 John Sartain St.
Corpus Christi. TX 78401
Chief of Police
City Kingsville
P 0 Box 1458
Kingsville, TX 78364
This Agreement shall be to full force and effected as of the date of execution
below and shall continue subject to the terms and conditions stated herein.
Compliance with All Laws. All parties to this Agreement will act, at all times,
in compliance with all pertinent city and county ordinances, orders,
regulations and policies, as well as all applicable state and federal laws. .
Entire Agreement. This instrument contains the entire agreement between the
parties relating to the rights herein granted and obligations herein assumed.
Any oral representations or modifications concerning this instrument shall be
of no force or effect, excepting a subsequent modification in writing signed by
the party to be charged.
Breach of Obligation. This Agreement is entire as to all of the performances to
be rendered under it. Breach of any obligation to be performed by either party
shall constitute a breach of the entire Agreement and shall give the other party
the right to terminate this Agreement. The City of Corpus Christi shall have
the right to terminate this Agreement without notice (1) if a City of Kingsville
employee accesses the Corpus Christi Police Department computer system or
uses information therefrom for any prohibited or unauthorized purpose or (2)
if computer equipment or software used by the City of Kingsville to gain or
maintain access tc the computer system does not meet the approval of the
Corpus Christi Police Department. Upon immediate termination, all computer
hardware. software and licenses installed to allow access to the Corpus Christi
Police Department computer system shall remain the property of the party
who paid in full for said computer hardware, software, and licenses.
Law Cioverning Venue. This Agreement shall be governed by and construed
in accordance with the 1a.vs of the State of Texas. The obligations and
undertaking of each of the parties to this Agreement shall be performable in
Kleberg and Nueces Counties, Texas.
Severabilit\ . In case any one or more of the provisions contained in this
Agreement shall be Held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality. or unenforceability shall not affect any other
provisions thereof and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein.
Amendments. Any and all changes to this Agreement may be enacted by
wntten amendment or addendum properly executed by the appropriate
representative of each party-. The Corpus Christi City Manager is authorized
to execute. on beha t` o` the City of Corpus Christi, amendments which do not
change the substance of this Agreement.
Appropriation of Funds. Performance of each party is subject to the ability of
the parties to provide or pay for the services required under this Agreement.
The parties acknov ledge any payments made pursuant to the terms of this
Agreement shall be made from current revenues available to the paying party,
and any future payments are subject to appropriations.
NOW THEREFORE. This Interiocal Agreement to provide for joint use of public
safety computer aided dispatch, records management, and mobile data computer
system is entered into by and between the City of Corpus Christi and the City of
Kingsville This Agreement takes effect on date of last signature.
CITY OF CORPUS CHRSTI CITY OF KIN SVILLE
By i4 c:
By
itle
;Date
Title
Date /Ie/
Attest: Attest:
Approved as to form: Jo..- 1 1 FT6 Approved as to form:
By: ..,w'
visa Aguilar, Assis
for City Attorne'
City Attorney
By: --L
Courtney Alvarez, Cit
orney •
6
8
CITY COUNCIL
AGENDA MEMORANDUM
January 23, 2007
AGENDA ITEM: Motion authorizing the City Manager or his designee to extend the software
maintenance agreement for twelve (12) months with Infosol, Inc. of Bellaire, Texas in an amount not
to exceed $47,413.41. Included in this maintenance agreement is the support for the Court House
software currently being utilized by the Municipal Court. The maintenance agreement provides for
software and technical environment support, including any necessary upgrades as they become
available. This vendor qualifies as sole source.
ISSUE: Software must be maintained to allow for upgrades, improvements and to ensure that it
stays compatible with other systems. Infosol, Inc. provided a quote for support and maintenance of
Court House from January 1, 2007 through December 31, 2007. Infosol, Inc. is the only vendor
providing this service for Court House software and qualifies as sole provider.
REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $25,000.
PREVIOUS COUNCIL ACTION: During March 1998, City Council authorized the purchase of
Court House software, with a five year maintenance agreement, from CSI. CSI later announced that
they would no longer support the product after June 30, 2006 and during December 2004 City
Council authorized a change in vendor to Infosol for support and continuity of the software. On
December 13, 2005 Council extended the maintenance agreement with Infosol.
FUNDING:
Amount Budgeted
Source of Funds
$47,413.41
5210- 40495 - 530230
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
Ogilvie F. Gericke
Director of MIS
Attachments:
• Exhibit A Software Maintenance Agreement
• Schedule A — Software and Fees
• Schedule B — Standard Support Charges
• Schedule C — Definitions and examples of covered and non - covered support terms
• Addendum "A" - Test Environment
• Exhibit B — CSI Sole Source Letter
• Exhibit C — Infosol Invoice 20061201 -01
BETWEEN:
SOFTWARE MAINTENANCE AGREEMENT
City of Corpus Christi
1201 Leopard St.
Corpus Christi, Texas 78401
(Hereinafter referred to as "LICENSEE ")
And
INFOSOL, INC.
Two Allen Center
1200 Smith 16th Floor
Houston, Texas 77002
(Hereinafter referred to as "LICENSOR ")
TERM: 1 -01 -2007 to 12 -31 -2007
WHEREAS, LICENSOR has licensed to LICENSEE the software as specified in Schedule A and the LICENSEE
wishes to have LICENSOR perform software maintenance services on the licensed software pursuant to the
following terms:
I DEFINITIONS
A. Software. The term "Software" shall mean the computer programs in object code and source code and
documentation including any corrections, bug fixes, enhancements, updates or other modifications,
sncluding custom modifications, to such computer programs and documentation for those products listed
in Schedule A of this agreement.
B. System. The term "System ' shall mean all Software, maintenance, equipment, system or database
management software, and other services provided by LICENSOR under the terms and conditions of the
Software License Agreement.
C. Normal Business Hours. Normal Business Hours for LICENSOR for purposes of this agreement are:
Monday through Friday
g:00 am - 5'00 p.m. CST
Excluding LICENSOR's holidays:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
(If a scheduled holiday falls on a weekend, it will be taken on either the previous Friday or
subsequent Monday.)
D. Critical incident. A problem or error has occurred that has caused the software or a major portion of the
software to be inoperable.
1
E Priority incident. A problem or error has occurred that does not prevent use of the product, but affects
LICENSEE's ability to conduct business. A workaround may exist, but is cumbersome or time
consuming.
F Non- priority incident. A minor problem which may be cosmetic or may affect usability, but for which
there is an easy workaround,
SCOPE OF WORK
A This agreement covers at no additional cost to LICENSEE::
I. Reasonable amounts of consultation by telephone to LICENSEE'S designated contact for questions
concerning operation of software. LICENSEE'S designated contact must have attended
LICENSOR'S training classes for the supported product(s). LICENSOR agrees to train up to six
(6) employees of the LICENSSEE'S as part of this initial agreement. Once those six have been
trained additional fees will be accessed accordingly as outlined in Schedule B of this document to
be paid by the LICENSSEE.
2. Fixes for any errors or inconsistencies in the software, or failures of the software to perform in
accordance with the License Agreement or software manuals notified to LICENSOR by
LICENSEE during the term of this agreement. LICENSEE shall assist LICENSOR in identifying
the circumstances in which such errors or inconsistencies were discovered and in providing
documentary evidence of the same.
New releases to existing software and related documentation. One major release annually and other
releases as required due to changes in State and Federal requirements and/or software error
correction.
B. Items not covered under this agreement will be billed per LICENSOR's standard support charges.
LICENSOR will notify LICENSEE when a request for assistance is not covered under this agreement
and will be billable and will receive approval from LICENSEE before the services are performed. This
agreement does not cover:
Programming for customized development or modifications requested by LICENSEE.
2. Operational problems with products not covered by this agreement.
Errors caused by customer misuse of the software.
4. Recovery assistance necessary due to negligence of LICENSEE or Acts of God.
Installation expense for system enhancements.
6. Continuing education and training.
?. Non - critical support calls initiated outside of normal business hours.
8. Installation, maintenance, and training of hardware, operating systems, databases, and third party
software.
C. Customization
i . LICENSEE shall submit a written request for any custom work.
?. LICENSOR will review the custom work requests and present LICENSEE with a written definition
of customizing to be performed, a time schedule and a price quote.
LICENSOR will begin work only after receiving written confirmation by LICENSEE.
2
Ell PROCEDURES
A Telecommunications. LICENSEE shall install and have operational at the time of software installation
and during the term of this agreement a PPP connection, or VPN, or a 56k modem and dial -up
telephone line along with the required third -party software for LICENSOR'S use in diagnosing reported
incidents. Long distance charges will be reviewed annually and if they exceed 15% of the annual
support fee for that year an adjustment may be made to next year's annual support fee.
B Diagnosis and response. LICENSOR will provide problem diagnosis for incidents reported by
LICENSEE and will supply program fixes or solutions in a timely manner consistent with the urgency
of the problem. LICENSEE will send written documentation of the problem including its priority to
LICENSOR.
1. Critical Incidents. LICENSOR will respond immediately to diagnose the problem. LICENSOR
will work diligently with LICENSEE to correct the problem as soon as possible.
2. Priority Incidents. Licensor will respond within two (2) hour of notification by LICENSEE to
diagnose the problem. Within forty-eight (48) hours, LICENSOR will either provide a solution to
the problem or mutually agree with LICENSEE upon a schedule for implementation of a solution.
3. Non - Priority Incidents. LICENSOR will respond within twenty-four (24) hours. LICENSOR will
provide a solution to the problem in the next release of the software.
4. LICENSOR and LICENSEE may agree that problem investigation would be better conducted at
LICENSEE'S location. In the event that LICENSOR'S personnel travel to LICENSEE'S location,
LICENSEE will pay LICENSOR for travel and subsistence expenses. If LICENSOR, in its
reasonable judgment, determines that a suspected error condition was attributable to a cause other
than an error in the Software, then Licensee will pay for LICENSOR'S efforts on a time and
materials basis.
Escalation Process If a problem is not addressed in a timely manner, LICENSEE may escalate the
support process by contacting the Customer Support Manager, then the Vice President of Professional
Services, and then the President,
IV. TERM AND TERMINATION
a Term The terns of this agreement shall commence on 1 -01 -2007 and shall continue until
12 -31 -2007. Subsequent terms will be for a period of one year, after which either party on
thirty (30) days prior written notice may terminate this agreement. LICENSOR retains the
right to increase annual maintenance fees at the beginning of each subsequent term.
Should LICENSOR elect to increase annual maintenance fees, LICENSOR will give notice
of such increase to LICENSEE thirty (30) days prior to the commencement of the
subsequent term
b. Renewal. This agreement may be renewed for successive, one -year terms upon the terms
and conditions stated herein. At each subsequent renewal, the annual fee shall not increase
more than 15% greater than the then current maintenance fee charged by LICENSOR to
LICENSEE.
Termination. Either party may terminate this agreement in the event of default by the
other party. In the event of termination by LICENSOR or default by LICENSOR, fees paid
by LICENSEE for any period after the termination date shall be refunded by LICENSOR.
In the event of termination by LICENSEE or default by LICENSEE, any maintenance fees
up to the termination date shall become due and payable and fees previously paid shall not
be refundable.
3
P 4YMENT
LICENSEE shall pay to LICENSOR the annual maintenance fee designated for each product listed in
Schedule A. Subsequent annual fees will be payable in advance. If the annual support fee is not paid
within 90 days of the invoice date, this Software Maintenance Agreement shall be void. A reinstatement
penalty of 50% of the invoice amount shall be assessed in addition to the regular fee and must be paid in
advance in order to reinstate the agreement.
TITLE
Any changes, additions or enhancements in the form of new or partial programs or documentation as
may be provided under this agreement shall remain the property of LICENSOR, are proprietary to
LICENSOR and title thereto remains with LICENSOR.
N11 GENERAL PROVISIONS
A. Assignment, Neither LICENSEE nor LICENSOR shall assign or otherwise transfer any right of interest
in this Agreement, to the Software, or any components of the Software, and expressly including, without
limitation, the source code, in whole or in part, to anyone, including any parent, subsidiaries, affiliated
entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger,
�.onsolidation or reorganization, including by operation of law, without the other party's prior written
consent.
B. Entire Agreement. This document and its incorporated documents embodies the complete agreement of
the parties hereto superseding all oral or written previous and contemporary agreements between the
parties relating to matters herein and, except as otherwise provided herein, cannot be modified without
written agreement of the parties.
C. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired.
D. Governing Law; Venue. This Agreement and all of the transactions contemplated herein shall be
governed by and construed in accordance with the laws of the State of Texas. The provisions and
obligations of this Agreement are performable in Nueces County, Texas such that exclusive venue for
any action arising out of this Agreement shall be in Nueces County, Texas.
E. Headings. The headings of this Agreement are for the convenience of reference only and shall not affect
in any manner any of the terms and conditions hereof.
F. Notices. All notices given hereunder will be sent registered, certified, or overnight delivery, addressed
to the other party at the address shown in the first paragraph of this Agreement or other such address as
either party may specify in writing.
G. Insurance. LICENSOR shall at Licensor's own expense, procure and maintain for the duration of this
Agreement, insurance against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by LICENSOR, its agents,
representatives. employees or subcontractors.
H. Force Majeure. Neither party shall be in default nor otherwise liable for any delay in or failure of its
performance under this Agreement if such delay or failure arises by any reason beyond its reasonable
control, including any act of God, any acts of the common enemy, the elements, earthquakes, floods,
fires, epidemics, or riots. The parties will promptly inform and consult with each other as to any of the
above causes. which in their judgment may or could be the cause of a delay in the performance of this
Agreement.
4
Insurance. Licensor agrees to comply with the attached insurance requirements.
VIII. UPGRADES
LICENSEE will be given proper and timely written notice addressing upgrade issues. The LICSENSEE
will have 30 days to reply to such notice. After 30 days, LICENSOR will allow the LICENSEE 120
more days to install the upgraded software. The LICENSEE is required to stay current on LICENSOR'S
latest release of the Software. If LICENSEE chooses not to upgrade, then LICENSOR will have no
other choice but to discontinue maintenance on Licensee's software. In order for the LICENSOR to
provide the "best" and "least expensive" support to all our LICENSEES, then LICENSOR requires that
all LICENSEES stay current with our software. LICENSOR shall provide upgrades at no additional
cost to LICENSEE Should LICENSEE choose not to utilize the upgrade, LICENSOR shall refund pro
rata share of the annual maintenance fee.
5
IN WITNESS WHEREOF, the parties have caused this Agreement, which shall insure to the benefit of and be
binding upon the successors of the respective parties, for the term specified and any subsequent renewals.
INFOSOL, INC. CITY OF CORPUS CHRISTI
Signature
Bv:
Signature
Name Name
Title Title
Date: Date:
6
SCHEDULE A - SOFTWARE AND FEES
Product Annual Maintenance Fee
Year Two Annual Support for
COURTHOUSE
CORPUS CHRISTI MUNICIPAL COURT
47,413.41
7
SCHEDULE B - STANDARD SUPPORT CHARGES
1, Support from INFOSOL Office:
A Custom Programming Requests $175.00 per hour
Database Performance Evaluation $400.00
C Database Administration Seri ices $175.00 per hour
Hardware Support Services $175.00 per hour
1 Other Services Not Covered by Maintenance Agreement $175.00 per hour
2. On -Site Support:
A On-Site Customer will be billed: $200.00 per hour
Required parts and Material Actual Expense
VI reasonable travel related expenses as described:
• Travel by automobile from the time a Infosol
technician leaves Infosol office until he/she returns Per Standard IRS Rate
• Travel time $50.00 per hour
• Required air fare and car rental paid by Customer Actual Expense
• If an overnight stay is required, reasonable lodging and meals
are paid by Customer Actual Expense
3. Communications (i.e. long distance and modem)
charges pertaining to support Actual Expense
4. Continuing Education and Training
at LICENSEE'S facility Plus travel related expenses
5. Invoice payment terms are NET 30 DAYS.
*All the above pricing is subject to change with 30 days prior notice.
$1,000.00 per day
8
SCHEDULE C - DEFINITIONS AND EXAMPLES OF COVERED AND
NON- COVERED SUPPORT TERMS
Covered Items:
1 What is "Reasonable amounts of consultation by telephone:"
A . Reasonable amounts of consultation is defined as the practical amount of time necessary to assist a fully
staffed court and application trained person in resolving operational questions concerning the software.
Such questions may consist of:
(1) How do I run a particular function within the program and how often?
(2) Where do I find a particular function within the program?
(3) What data elements are required in a specific area of the program?
F1. Telephone guidance for untrained employees will not be provided under this agreement.
2 Infosol Operational Enhancements which are covered:
A An operational enhancement is a change to a current feature of the software making the feature easier to
use. It could have expanded capabilities. improved audit trails, stronger user control, or all of the above.
An example includes.
1) Covered enhancement would include any enhancement request, which is approved by the Infosol
enhancement committee as a valuable addition to the software package for all or a majority of the
clients
3 State Required Enhancements:
A The State mandated a new report, a change to an old report, or the capture and maintenance of new data
elements. An example includes
i 11 State requiring the collection of administrative and education cost for law enforcement officers.
4, New Features or modules purchased by LICENSEE from LICENSOR which were not original part of the base system
and presently incorporated in this agreement, may incur an additional maintenance fee but will be included under this
maintenance agreement once purchased.
Not Covered Items:
1 Long Distance Telephone Charges and Long Distance Modem Charges for items not covered by this maintenance
agreement with be charged at actual expense.
2 Customized Programming:
A Custom programming is performed at the request of the Customer for changes to a current program or the
development of a new or additional program. Examples include:
:1) The software provides a standard data entry screen. The customer requests a modification to this
screen.
2) Customer requests defendant's driver's license number be included on the cash list.
3 This Product under Another Hardware and/or Software Platform:
A Enfosol Software and third party products must be compatible with the operating system and hardware for
which the software is designed. Examples include:
1) Customer operates a single user DOS version of Infosol software, WordPerfect and Informix.
2) Customer desires to upgrade to a multi -user environment. This upgrade requires the purchase
of the multi -user version of the operating system, Infosol Software, WordPerfect and Informix.
4 Interfacing To Peripherals Such As Personal Computers, Terminals, Printers, Modems, etc. :
A Interfacing to peripherals requires both hardware and software communication. The peripheral must be
physically connected to the computer The operating system must be configured to support the peripheral.
9
5 Operational Problems With Products Not Covered By "A Support Agreement ":
The Infosol Software Maintenance Contract is solely for the support and maintenance of Infosol
software and DOES NOT include the support or maintenance of other (customer owned) software or
hardware products.
f? Errors Related to User Misapplication:
Erroneous erasure of data or programs and /or misapplication of data. An example is:
(1) Erasing data in error or a wrong date on a large number of records requires Infosol to write a routine
to recover or correct the information.
7 Recovery Assistance:
Restoring the system to a useable state. An example is:
(1) The hard drive on the computer is damaged during relocation and /or an Act of God, requiring Infosol
to restore programs and/or data to a repaired/replaced hard drive.
8. Continuing Education and Training
A Education and training of operational and/or state enhancements, the purchase of additional modules, the
purchase of a new release or product capability. Examples include:
(1) Enhancements to the original version purchase.
(2) Addition of a module not purchased at the time of sale.
(3) New employees or additional users
9. Installation of Enhancements.
A Installations of enhancements whether operational or state required are provided by electronic media.
These software changes must be loaded to the Customer's computer before operation of the enhanced
program by the user. In loading the software changes, alterations to the database that stores user
information may be required. If so, the Customer's current database must be converted to the altered
format before operation of the enhanced program. The complexity of alterations and/or enhancements
may require additional training
10
ADDENDUM "A"
TEST ENVIRONMENT:
Infosoi will provide installation of software into a test environment prior to installation into production for a test
period to be determined by agreement between licensee and licensor.
Standards for the test environment will duplicate production environment standards and will be used for testing
and validation of the software prior to installation onto the production environment.
11
INSURANCE REQUIREMENTS
LICENSOR'S INSURANCE
Licensor must not commence work under this agreement until all insurance required herein have
been obtained and the City has approved such insurance. Licensor must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has
been obtained
B Licensor must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30-Day written notice of cancellation, non - renewal,
termination or material change and 10 day written
notice of cancellation is required on all certificates
Bodily Injury and Property Damage
Per occurrence aggregate
COMMERCIAL GENERAL LIABILITY including:
1 Commercial Form
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. PersonalIn'u
$500,000 COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY
1 OWNED, NON -OWNED or RENTED
$1,000,000 COMBINED SINGLE LIMIT
WORKERS COMPENSATION
EMPLOYERS LIAB ILITY
Which complies with the Texas Workers'
Compensation Act and Section II of this exhibit
$500,000/$500,000 /$500,000
PROFESSIONAL LIABILITY including:
Coverage provided must cover officers,
employees and agents
1 ERRORS and OMISSIONS
directors,
$500,000 COMBINED SINGLE LIMIT
(Defense costs not included in face value of the policy)
In the event of accidents of any kind, Licensor must furnish the Risk Manager with copies of all
reports of any accident within 1;10) ten days if any accident.
ADDITIONAL REQUIREMENTS
Licensor must obtain workers' compensation coverage through a licensed
insurance company obtained in accordance with Texas law. The contract for
coverage must be written on a policy and endorsements approved by the Texas
Department of Insurance. The coverage provided must be sufficient to assure
that all workers compensation obligation incurred by the Contractor will be
promptly met.
B Certificate of Insurance:
12
The City of Corpus Christi must be named as an additional insured on the General
Liability policy and a blanket waiver of subrogation is required on all applicable
policies
If your insurance company uses the standard ACORD form, the cancellation clause
(bottom right) must be amended by adding the wording "changed or" between "be" and
"canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ".
The name of the project must be listed under "Description of Operations"
At a minimum, a 30-day written notice of cancellation, non - renewal, termination or
material change and a 10-day written notice of cancellation for non - payment is
required.
B If the Certificate of Insurance does not show on its face the existence of the coverage
required by items 1.B (1) -(6), an authorized representative of the insurance company
must include a letter specifically stating whether items 1.B. (1) -(6) are included or
excluded.
13
September 14, 2004
To Our Court House Customers
Court Specialists, Inc.
P.O. Box 1523
Friendswood, Texas 77546 -1523
1- 800 -572 -6878
Office (281) 482 -8898
Fax (281) 482 -3398
En June of 2004 Court Specialists entered into an agreement with Infosol to provide
support and maintenance services for our Court House case management software. The
purpose of this agreement was to provide CourtHouse customers with the choice of either
migrating to Court Specialists' new case management software, eNACT, or to remain on
the CourtHouse product.
Infosol has also been granted exclusive sales and marketing rights for the CourtHouse
system. In this respect, Infoso 1 will be enhancing the product to allow them to expand the
customer base. This approach will allow the CourtHouse system to continue beyond the
June 30, 2006 deadline Court Specialists has set for terminating support services.
Infosol intends to provide maintenance and support services for the CourtHouse system
beyond June 30. 2006 Those customers who cannot, or do not, intend to migrate to the
eNACT system will be able to contract directly with Infosol for longer term maintenance
and support services. This will allow those customers to extend the life of their
CourtHouse system beyond the June 30, 2006 deadline.
Sincerely,
Charles E. Riddle
Executive Vice President
Court Specialists, Inc.
INVOICE INFOSOL, INC.
6750 West Loop South #500
Bellaire, Tx 77401
[79']1 G',] A7MO
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX 78401
Attn: Finance
Please Remit To:
Infosol, Inc.
Two Allen Center
1200 Smith 16th Floor
Houston, TX 77002
Invoice
Date
2/01/2006
Item Unit
Number Cost Quantit
Invoice
Number
20061201 -01
Description
Bdended
Charges
$47.413 41 1.00 Courthouse Annual Maintenance
INVOICE TOTAL
$47,413.41
$47,413.41
9
CITY COUNCIL
AGENDA MEMORANDUM
January 23, 2007
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real
Estate Sales Contract and a Temporary Construction Easement with the owners Charles
Scott Mandel and wife, Thelma Mandel for a total expenditure of $156,718 which includes
$130,900 for fee simple property rights to 3.74 acres of land, $2,100 in closing costs, and
$23,718 for a 4.77 acre temporary construction easement and related fencing; all out of
Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on
Cimarron Boulevard midway between Saratoga and Yorktown Boulevard; necessary for the
Master Channel 27 Drainage Improvement Project ( #2263) and for other municipal
purposes.
ISSUE: The Master Channel 27 Drainage Improvement Project consists of 2.05 miles of
channel excavation and construction which is designed to reduce flooding in the adjoining
areas affected by present and future development. The proposed channel originates at
Cimarron Boulevard and continues eastward into the Cayo Del Oso as shown on Exhibit
B. City staff has negotiated and acquired the first of 32 parcels required for this project.
A real estate sales contract and temporary construction easement instrument have been
executed by Charles Scott Mandel and wife, Thelma Mandel. Approval of the contract and
temporary construction easement is required by City Council.
FUNDING: Streets: 550701 -4525- 00000 - 170578
RECOMMENDATION: Approval of the motion as presented.
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Council Exhibit (Route Map)
Council Exhibit (Parcel 1)
/1X2 /7f%
Angel R. Escobar, P. E.
Director of Engineering Services
IH HOME\EUSEBIOG\GENWgenda Items\Master Channel 27. Mandel'Agenda Memorandum.Mandel.doc
BACKGROUND INFORMATION
SUBJECT: Master Channel 27 Drainage Improvements ( #2263)
Acquisition of Parcel 1 (Mandel)
PROJECT BACKGROtipJD: The Master Channel 27 Drainage Improvements Project is
proposed to alleviate the Mary Carroll Channel and Master Channel 31 drainage systems
in the conveyance of storm water runoff. Master Channel 27 is designed to help reduce
flooding in the adjoining areas. This project will consists of an earthen open channel with
reinforced concrete box culverts at road crossings. The length of the channel will be
approximately 2.05 miles beginning at Cimarron Boulevard and ending at the Cayo Del
Oso. A total of 32 parcels consisting of fee simple property rights, utility easements,
drainage easements and street right -of -way will be acquired for this project as shown on
the attached Exhibit B
PARCEL iISCRIPTIONL Parcel 1 consists of a tract of land for drainage containing
3.740 acres. This tract measures 115 feet wide beginning at Cimarron Blvd. extending
eastward along the north property line to the east property line. The parcel then narrows
down to 32.5 feet wide and extends southward along the east property line as shown on
the attached Exhibit C. A variable width temporary construction easement containing 4.77
acres is also required.
PARCEL NEGOTIATIONS; City staff has concluded negotiations with the landowners
and they have accepted the City's administrative settlement of $154,618 of which $130,900
is for fee simple property rights to 3.74 acres, $16,695 is for a 4.77 acre temporary
construction easement, and $7,023 is for a 2,340 foot long temporary construction fence to
contain the owner's livestock during excavation of the channel. The land was previously
appraised for the City in the amount of $30,000 per acre by American Appraisers, Inc. and
was based on the current Farm -Rural or "FR" zoning. After extensive negotiations, the
City and landowners have agreed on an amount based on the actual purchase price of
$35,000 per acre paid by the landowners. An additional $2,100 in closing costs will be paid
by the City. The sellers requested that the sales contract be escrowed at San Jacinto Title
Services of Corpus Christi, LLC
PRIOR COUNCIL ACTION:
January 24, 2006 - Ordinance amending the 1961 Master Plan for storm drainage
for the area south and west of the City of Corpus Christi, Texas to extend Master
Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master
Channel 27 drainage basin: and providing for publication. (Ord. No. 026634).
PRIOR ADMINISTRATIVE ACTION: None
\HOME\EUSEBIOG\GEN\Agenda Items\Master Channel 27. Mandel\Background.Mandel.doc
EXHIBIT A
=ile \ Mprojec t \councilexhibits \exh2263A.dwg
LONOA MAP
CITY PROJECT Flo. 2263
1111114,111111111111..:
111 11�•° 11 nn111,.
. 11
r1:1 = - -.. ..11111.
11, � v,11u.
♦ 15]15 -
VICINITY MAP
NOT TO SCALE
EXHIBIT C
AUSTIN CHANNEL 27 DRAINAGE
IMPROVEMENTS
PARCEL 1
CITY COUNCIL EXHIBIT
CITY of CORPUS CHRISTI TEXAS
DEPARTMENT OF ENGINEERING SE;RWCES
PAGE: 1 of 1
DATE: 11 -06 -2006
DEPARTMENT OF ENGINEERING SERVICES
Property and Land Acquisition Division
2263 Master Channel 27 Drainage Imp. Parcel 1
Real Estate Sales Contract
THE STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS
COUNTY OF NUECES §
This Contract is entered into by Charles Scott Mandel and wife, Thelma Mandel of 6706 Long
Meadow, Corpus Christi, Nueces County, Texas 78413 (Seller) and the City of Corpus Christi, a
Texas home rule municipal corporation, 1201 Leopard Street, Corpus Christi, Nueces County, Texas
78401 -2825 (Buyer).
Property. Seller for the consideration and under the terms set out herein, agrees to convey
the surface estate only (with all minerals reserved to Seller) to Buyer the following described
property situated in Nueces County, Texas:
A tract of land described by metes and bounds on the attached and
incorporated Exhibit A and shown on the attached and incorporated
Exhibit B. ( "Premises ")
2 Purchase Price. $130,900
3 Title Insurance. The Seller must provide, at Buyer's expense, a title insurance policy that
guarantees good and indefeasible title to the Property, without exceptions to title other than
the standard printed exceptions and exceptions permitted under this Contract, and that wholly
insures and indemnifies Buyer against any title defects or adverse claims. A reliable title
insurance company or title guaranty company ( "Title Company ") must issue the title
insurance policy. The title commitment for title insurance must be delivered to Buyer within
30 days after receipt of the Contract by the title company, with the title insurance policy to be
timely issued after Closing
General Warranty Deed and Closing Costs. After securing the title insurance
commitment, Seller must execute a General Warranty Deed and a Temporary Construction
Easement acceptable to Counsel for both Seller and Buyer, drafted in accordance with the
provisions of this Contract, that conveys indefeasible title to the Property to Buyer, and
Buyer must make the cash payment. Buyer will pay all Closing Costs except costs to cure
title, which must be paid by Seller.
5 Taxes. Seller must pay all taxes related to the Property up to and including 2006. Seller will
be responsible for the amount of prorated taxes for year 2007 based upon the actual taxes
paid for the year 2006. The proration is only an estimate and the Seller will be responsible
tor any shortage when the taxes become due for 2007.
Real Estate Sales Contract
H .HOME\,NormaR\PROJECT*2263 Master Channel 2" Drainage\Parcel 1 \RESC.Parcel 1.Mandell.doc
Pee of
6 Earnest Money. Buyer deposits $500 with the Title Company as Earnest Money, which will
be applied to the balance of the purchase price owing at Closing. Buyer will pay the balance
of the purchase price owing at Closing. When the Title Company possesses the executed
deed, any other necessary paperwork, and the balance of the cash payment, the Title
Company will close the transaction in accordance with its customary procedure.
If Buyer fails to close on this Contract as set out herein, for any reason other than title
defects, Seller is entitled to the Earnest Money as liquidated damages for breach of this
Contract. Seller may seek to enforce this Contract by an action for specific performance. If
Seller fails to tender an executed deed conveying the Property in accordance with the terms
of this Contract, Buyer may seek to enforce this Contract by an action for specific
performance.
7 Restrictions on Title. Buyer accepts title to the Property subject to all recorded restrictive
covenants and use restrictions. if any, and all applicable City zoning regulatory ordinances, if
any
8 Time for Performance. This transaction will be closed through the Title Company on or
before 90 days from the date of this Contract. Seller gives Buyer possession of the Property
at the date of closing.
Seller's execution of this Contract means that Seller has read and understands that this
Contract is not binding on Buyer until properly authorized by the City Council and
executed by the City Manager of the City of Corpus Christi, Texas, or his designee.
Buyer must execute this Contract within 60 days from the date of Seller's execution of this
Contract or this Contract is void.
9 Survives Closing. This Contract survives closing of the sale of the Property and the delivery
of the General Warranty Deed, the Temporary Construction Easement, and other necessary
documents by Seller to Buyer at closing, and all terms and conditions remain in effect
between Seller and Buyer.
10. Eminent Domain. Buyer is purchasing the Property from Seller under the threat of Eminent
Domain.
1 1. As Is" Provision. (The Deed to Buyer will contain the following) Seller is conveying, and
Buyer is accepting the property in its "AS IS, "WHERE IS ", physical condition, "WITH ALL
FAULTS ". Absolutely no warranties, express or implied, are given by Seller relating to the
physical condition of the soil, the improvements, or any other physical component of the
property, and to the extent any such warranties are nevertheless deemed given, Buyer hereby
waives same except where such waiver is expressly prohibited by law. Nothing in this
paragraph shall effect or limit the warranties of title set forth in this deed.
12. Site Improvements. The Buyer will retain and remove all dirt (topsoil and subsoil) from the
excavation of the drainage channel and its related improvements.
Real Estate Sales Contract
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Essential. Time is of the essence in closing this transaction.
Executed in triplicate, any of which constitutes an original.
Seller
axles Scott Mandel
THE STATE OF TEXAS §
COUNTY OF NUECES §
Thelma Mandel
This instrument was acknowledged before me on
by Charles Scott Mandel and his wife, Thelma Mandel.
[Seal]
Jam,„ Li0ri
Notary Public in and fort tate of Texas
Buyer
CITY OF CORPUS CHRISTI, TEXAS
George K. Noe, City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
Real Estate Sales Contract
H:'.HOME1NormaR\PROJECT\ #2263 Master Channel 27 Drainage\Parcel I\RESC.Parcel I.Mandell.doc
Page 3 of 7
PO , 2007
APPROVED AS TO LEGAL FORM THIS t 'AL DAY OF
FOR THE CITY ATTORNEY
Veronica Ocaiias, Assistant City Attorney
City Legal Department
THE STATE OF TEXAS §
COUNTY OF NUECES §
2007.
This instrument was acknowledged before me on , 2007
by George K. Noe as City Manager of the City of Corpus Christi, a Texas municipal corporation, on
behalf of said corporation.
Notary Public in and for the State of Texas
[Seal]
Real Estate Sales Contract
H 'k1OME\NormaR\PROJEC'r\ #2263 Master Channel 27 Drainage\Parcel I \RESC.Parcel I.Mandell.doc
Page 4 of
STATE OF TEXAS
COUNTY OF NUECES
PARCEL 1
11/20/06
Page 1 of 2
BEING A 3.740 ACRE (162,899 S.F.) TRACT OF LAND OUT OF
THAT CERTAIN 40.02 ACRE TRACT OF LAND DESCRIBED IN
DOCUMENT NO. 2005028335, OF THE OFFICIAL PUBLIC
RECORDS OF NUECES COUNTY, TEXAS, SAID 40.02 ACRE
TRACT BEING OUT OF LOT 17 AND LOT 18, SECTION 20
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,
A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41-43,
OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID
3.740 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1-1/2 inch iron pipe, found, for the northeast corner of this tract, said
point being the northeast corner of said 40.02 acre tract of land, same point being the
southeast corner of Brighton Village, a map of which is recorded in Volume 47, Pages 8-
10 of the Map Records of Nueces County, Texas, same point being the common north
corner of Lots 18 and 19 of said Section 20, Flour Bluff and Encinal Farm and Garden
Tracts, same point being on the west boundary line of that certain 20.000 acre tract of
land recorded in Volume 1651, Page 963, of the Deed Records of Nueces County, Texas;
THENCE, South 28 °39' 10" West (Record = South 28 °57'30" West), with the east
boundary line of said 40.02 acre tract of land, the same line being the west boundary line
of said 20.000 acre tract of land (Volume 1651, Page 963), and the west boundary line of
that certain 20.000 acre tract of land as recorded in Document No. 943110, of the Official
Public Records of Nueces County, Texas, consecutively, a distance of 608.40 feet, to a
5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX,
BOUNDARY MARKER ", for a corner of this tract, same point being the southwest
corner of said 20.000 acre tract of land (Document No. 943110) and the northwest corner
of that certain 79.926 acre tract of land recorded in Document No. 2005007354, of the
Official Public Records of Nueces County, Texas;
THENCE, North 61°18'49" West, leaving the east boundary line of said 40.02 acre tract
of land, a distance of 32.50 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped
"MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER ", for a corner of this
tract;
THENCE, North 28 °39' 10" East, parallel with the east boundary line of said 40.02 acre
tract of land, a distance of 493.51 feet, to a 5/8 inch iron rod, set, with a plastic cap
stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER ", for an
interior corner of this tract;
Parcel 1.doc
Initials
11/20/06
Page 2 of 2
THENCE, North 61 °06'25" West, a distance of 1,241.15 feet, to a 5/8 inch iron rod, set,
with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY
MARKER ", on the east right -of -way of that certain dedicated roadway known as
Cimarron Boulevard (right -of -way varies), for a comer of this tract,
THENCE, North 25°18'41" East, with the east right -of -way line of said Cimarron
Boulevard, a distance of 115.23 feet, to a 5/8 inch iron rod, set, with a plastic cap
stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER ", for the
northwest corner of this tract, same point being the northwest corner of said 40.02 acre
tract of land, same point being the southwest comer of said Brighton Village;
THENCE, South 61 °06'25" East (Record = South 61 °00'00" E), with the north
boundary line of said 40.02 acre tract of land, same line being the south boundary line of
said Brighton Village, a distance of 1,280.37 feet, to the POINT OF BEGINNING of
the herein described tract of land, said tract contains 3.740 acres (162,899 S.F.) of land,
more or less, within these metes and bounds.
Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced
to the monumented east right -of -way line of Cimarron Boulevard.
A survey plat of even date was prepared and is made a part of this metes and bounds
description.
All references to record data (Record = * * *) indicated information as cited in Document
No. 2005028335 of the Official Public Records of Nueces County, Texas.
Maverick Engineering, Inc.
Parcel 1.doc
Escobar, R.P.L.S. 5630
Brockhemplon Street
40` Brighton Village
Vol. Pg. 8-10, M.R.N.C.T.
(Record a 5 61•00'00"E)
S 6106'25' E- 1,280.37'_
2C Roadway Easement
Voi 4, Pgs. 41 -43, M.R.N.C.T
20' Roodwyy Easement L - P 0.
Closed by Odlnance 13' Iron
N 25'1841- E- 115.23'
35' Temp
W
N 61'06'25' W- 1,241.15'
Const. £osemarf V
N 2839'10' E-493.51'
40.02 Acres
DOC/ 2005028335 0.P.R.N.C.T
LOt 17 & 18
F.B. & E.F. & G T.
(Record Owner- Scott Monde/ and spouse,
Thelma Mandel)
50' Temp. Const Easement
30' Temp. Const. Easement-
Abraham Bros/au ono
Cloro 8raslou
Lots 31 & 32, Sec. 20
FB & EF. & G.T
Vol. '601, °g. 721, D.R.N.C.T
NOTES.
Bearings ore based on the Texas Coordionte System of
1983 (South Zone) and referenced to the monumented east
right-of -way line of Cimarron Boulevard.
2 Area = 3.740 Acres (162,899 S.F.)
3 5/8 inch iron rod set with a plastic cop stamped
ASAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER -
at all property corners, unless noted otherwise.
4 All references to record data (Record = +e1)
indicate information as cited in Doc/ 2005028335
O.P.R N.C.T.
i, Miguel A. Escobar, hereby certify thot the foregoing
mop was prepared from a survey, mode on the ground,
under my direction and that it is true and correct.
Maverick Enginee
Esccbof, r•AP.Ek :5650'•"
Miguel A
P* a Found
Peter Siracusa & Wife
Obdulia Sirocuso
20.000 Acne out of
=Lots 12 -14 & 19 -22, Sec. 20_-
F. B. & E.F. & G.T.
Vol. 1651, Pg. 963, D. R. N. C. T.
$ 2839'10' W- 60340' -
(Record - S 28'57'30' W)
Charles N. Compel/ FomAy Partnership, LTD.
20.000 Acres out of
Lots 19 -22, Sec. 20
F.B. & E.F. & G.T.
DOC/ 943110, 0.P.R.N.C.T.
N 61'18'49' W -32.50'
Total Tract
Acquired
Remainder
Staples Development, L.L.0
79.926 Acres out of
Lots 19 -22, 29 & 30, Sec. 20
F.B. & E.F. & G.T.
DOC/ 2005007354, 0.P.R.N.C.T.
40.02
3.740
36.280
50. FT.
1,743,271
162899
1,580,372
PARCEL 1
MAP TO ACCOMPANY
METES & BOUNDS DESCRIPTION: -
Being o 3.740 acre (162,899 S.F.) tract of land out of
that certain 40.02 acre tract of land described in
Document No. 2005028335, of the Official Public Records
of Nueces County Texas, said 40.02 acre tract being out
of Lot 17 & Lot 18, Sec. 20, Flour Bluff and Encino/
Form and Garden Tracts, o mop of which is recorded in
Volume A, Pages 41 -43, of the Map Records of Nueces
County, Texas.
Project! 0527 -510
Dote: November 20, 2006
MAVERICK
IIIIGIN1ERING, INC.
TEL 361 289 1385
FAX: 361 289 0712
P.O. BOX 9094
CORPUS CHRISTI, TEXAS 78469
XH I 3IT B
DEPARTMENT OF ENGINEERING SERVICES
PROPERTY AND LAND ACQUISITION DIVISION
2263 Master Channel 27 Drainage Imp. Parcel ltce
Temporary Construction Easement
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
THAT We, Charles Scott Mandel and wife, Thelma Mandel of 6706 Long Meadow,
Corpus Christi, Nueces County, Texas 78413 in consideration of $10 (Ten Dollars)
and other valuable consideration paid by the City of Corpus Christi, 1201 Leopard
Street, Corpus Christi, Nueces County, Texas, 78401 -2825, the receipt of which is
hereby acknowledged, have conveyed, and do convey unto the City of Corpus Christi,
Texas a Texas Home Rule municipal corporation, its successors, legal
representatives and assigns, the free and uninterrupted use, liberty, privilege, and
easement of going in, on, over, under and along a certain tract of land situated in
Nueces County. Texas, and being described as follows:
A map showing the location of the TEMPORARY
CONSTRUCTION EASEMENT by crosshatching is
attached and incorporated as "Exhibit A'
Together with the free ingress, egress and regress to and for the City of Corpus
Christi, Texas, for the purpose of constructing storm water and drainage
improvements.
Special Provisions:
1 The City of Corpus Christi will restore the Premises to the same condition
that existed before construction.
2 The Temporary Construction Easement is to be used for working room and
storage of materials and machinery during the construction phase.
3 Grantor will be compensated $7,023 for 2,341 linear feet of temporary
fencing to be used as a containment area for Grantor's livestock. Grantor
will be responsible for the construction of said fence, and is entitled to the
salvage use upon completion of the Master Channel 27 project.
4. The City's contractor will be responsible for the replacement of any fence
taken down during construction with a fence in the same or better condition.
TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to
the City of Corpus Christi, Texas, its successors and legal representatives, for use as a
TEMPORARY CONSTRUCTION EASEMENT and right of way for so long as used for
such purposes. The Temporary Construction Easement will automatically terminate
upon completion of the improvements and acceptance of the Master Channel 27
Drainage Improvement project by the City Manager of the City of Corpus Christi, Texas
or his designee.
GRANTOR
THE STATE OF TEXAS
COUNTY OF NUECES
§
§
es Scott Mandel
es Scott Mandel
t 0-(it
Thelma Mandel
This instrument was acknowledged before me on Try ,j clp r� d (o
2007 by Charles Scott Mandel and wife, Thelma Mandel.
[Seal]
Notary Public in and for tffe State of Texas
ROBERT SAENZ
MY COMMISSION EXPIRES
July 14, 2008
ACCEPTED for the City of Corpus Christi, a municipal corporation and body
politic under the laws of the State of Texas on , 2007.
GRANTEE
CITY OF CORPUS CHRISTI, TEXAS
P.O. Box 9277
City Hall, 1201 Leopard Street, THIRD FLOOR
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
Corpus Christi, Texas 78469 -9277
George K. Noe, City Manager
ATTEST:
ARMANDO CHAPA, CITY SECRETARY
APPROVED AS TO LEGAL FORM, THIS _ /tSAY OF
FOR THE CITY ATTORNEY
By
Veronica Ocarias, Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
, 2007.
This instrument was acknowledged before me on
, 2007, by George K. Noe as City Manager for the
City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
[Seal]
H:\HOME \NormaR\PROJECT\#2263 Master Channel 27 Drainage\Parcel 1 \TCE.Parcel 1.Mandell.doc
3
40
20 Roadway Easement
Vol e, Pgs. 41 -44 M.R.N.C.'
N 25'18'41' (-115.23'
8rocrchampton Sure! L.
20' Roadway Easement - P.0 B
Brighton Village Closed by Ordinance
Vol 47, pg. 8- 70, M.R.N.C.T.
(Record = S 61'00'00'E)
6106'25" E- 1,280.37'_
4
°35' Temp. Coast Eosement�i
\ N 61'06'25' W- 1,241.15'
55 1•-• .
N 28'39' 10" E-493.51'
40.02 Acres
00C/ 2005028335 0. P. R. N Cr
—Of 17 & 18
F. B & E.F. & G T.
(Record Owner Charles Scott Monde/ and spouse,
Thelma Mandel)
50' Temp Coast. Easement
30' Temp. Consf Eosement-
Abraham Bros/ou and
Clara Broslau
Lots 31 & 32, Sec. 20
F & E.F & G.T
Vo, 1801, Pg. 721, D.R.N.C.T
NOTES:
Bearings ore based on the Texas Coordionte System of
1983 (South Zone) and referenced to the monumented east
right— of —woy Nine of Cimarron Boulevard.
2. Area = 3.740 Acres (162,899 S.F
3. 5/8 inch iron rod set with o plastic cap stomped
"MAVERICK ENGR. VICTORIA, TX, BOUND.ARY MARKER"
of all property corners, unless noted otherwise.
4 AN references to record data (Record = ••')
indicate information as cited in Doc/ 2005028335
O.P.R.N.C.T
Mlguel A. Escobor, hereby certify that 'he foregoing
map was prepared from o survey, made on the ground,
under my direction and that it :s true and correct.
Maverick Engineering;,,einc.
20 Kou 06
Miguel A. Escobar ::!?�P.L :5630"•'
400
ii" Iron Pipe Found
Peter Siracusa & Wife
Obdulio Siracusa
20.000 Acres out of
=Lots 12 -14 & 19 -22, Sec. 20=
F.B. & E.F. & G.T.
Vol. 1651, Pg. 96J, D.R.N.C.T.
S 28'39'10" W- 60&40' -
(Record = S 28'57'30* W)
Charles R. Compel/ Fomiy Partnership, LTD.
20.000 Acres out of
Lots 19 -22, Sec. 20
F.B. & E.F. & G.T.
DOC/ 943110, 0.P.R.N.C.T.
N 61'18'49' W- 32.50'
Total Tract
Acquired
Remainder
Staples Development, L.L.0
79.926 Acres out of
Lots 19 -22, 29 & 30, Sec. 20
F.B. & E.F. & G.T.
DOC/ 2005007354, 0.P.R.N.C.T.
AC. SQ. FT.
40.02 1,743,271
3.740 162,899
36.280 1,580,372
PARCEL 1
MAP TO ACCOMPANY
METES & BOUNDS DESCRIPTION :
Being o 3.740 acre (162,899 S.F.) tract of fond out of
that certain 40.02 acre tract of land described in
Document No. 2005028335, of the Officio/ Public Records
of Nueces County Texas, said 40.02 acre tract being out
of Lot 17 & Lot 18, Sec. 20, Flour Bluff and Encino)
Form and Garden Tracts, o mop of which is recorded in
Volume A, Pages 41 -43, of the Mop Records of Nueces
County, Texas.
Project/ 0527 -510 Date: November 20, 2006
MAVERICK
ENGINEERING. INC.
TEL: 361 289 1385
FAX: 361 2890712
P.O. BOX 9094
CORPUS CHRISTI. TEXAS 78469
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 23, 2007
AGENDA ITEM:
Appropriating $405,190 in surplus reserves from the unappropriated fund balance in the
Development Services Fund 4670 FY 2006 -2007 budget for departmental reorganization and
modifying the current business methodology; Changing the FY 2006 -2007 budget adopted by
Ordinance 026908 by increasing appropriations by $405,190; and declaring an emergency.
ISSUE:
Council has previously identified Development Services as a high priority. Necessary expenditures
to improve the services provided in Development Services require increasing the budgeted
appropriation and require council action.
REQUIRED COUNCIL ACTION:
Resolution and Ordinance authorizing the appropriation of an additional $405,190 for the No. 4670
Development Services Special Revenue Fund.
PREVIOUS COUNCIL ACTION:
N/A
FUNDING:
The funding source will be the Development Services Special Revenue Fund.
CONCLUSION AND RECOMMENDATION:
Staff recommends the motion and appropriation of funds.
Debbie Marr•quin,
Interim Director of : velopment Services
Attachment- Statement of Expenditures
BACKGROUND INFORMATION
Additional Information:
Council has identified the Development Services Department as a priority. In order to achieve the
highest level of customer service, the department has worked with Horizon Centre on a process
mprovement project that will revitalize the way Development Services interacts with its development
partners. This new business process requires the partial investment of the fund balance the
department has accumulated. Staff feels the investment will provide a positive return to our partners
by providing clear, consistent, and predictable results in the development process.
The $405,190 is allocated as follows:
• The addition of one 1) Deputy Director of Development Services to handle the day to day
operation of the department and oversee the Special Services Division
• The deletion of one (1) Assistant Director of Special Services
• The implementation phase of the Process Improvement Project
• The addition of one (1) Process Improvement Manager focusing on the new business process
• The addition of two (2) Project Managers and one (1) Administrative Assistant which will be the
beginning of a phased in approach to the new business process
• Salary for a Special Assistant to Development Services to assist with the Unified Development
Code Project
The Development Services Fund Balance will remain at approximately $515,253.
CITY OF CORPUS CHRISTI, TEXAS
STATEMENT OF EXPENDITURES
DEVELOPMENT SERVICES FD(4670) NO. 4670
Description
Original Amended
Budget Budget
Special Services 548,613 548,613
Development Services Admin 863,596 943,10
Planning 1,286,300 1,503,917
Inspections Operations 2,039,354 2,039,354
Resv for comp /merit pay 26,598 26,598
Reserve Approp - Deviop Svcs. 100,000 100,000
Additional Request 0 108,067
TOTAL 4,864,461 5,269,651
Page 1 of 2
AN ORDINANCE
APPROPRIATING $405,190.00 IN SURPLUS RESERVES FROM THE
UNAPPROPRIATED FUND BALANCE IN THE DEVELOPMENT
SERVICES FUND 4670 FY 2006 -2007 BUDGET FOR DEPARTMENTAL
REORGANIZATION AND MODIFYING THE CURRENT BUSINESS
METHODOLOGY; CHANGING THE FY 2006 -2007 BUDGET ADOPTED
BY ORDINANCE 026908 BY INCREASING APPROPRIATIONS BY
$405,190.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $405,190.00 in surplus revenues is appropriated from the
unappropriated fund balance in the Development Services Fund 4670 FY 2006 -2007
Budget for departmental reorganization and modifying the current business
methodology
SECTION 2. That FY 2006 -2007 Operating Budget adopted by Ordinance 026980 is
changed by increasing appropriations by $405,190.00.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 23rd of January 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: January 18. 2007
By
a W. Smith
Assistant City Attorney
For City Attorney
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CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Page 2 of 2
Corpus Christi Texas
— Day of , 2007
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
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John E Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
-1:',LEG -DIR\ Shared \GarySlagenda \2007\1- 231ORDDevSerBudget.doc
11
AGENDA MEMORANDUM
AGENDA ITEM:
January 16, 2007
Ordinance amending Chapter 14 "Development Services," Section 14- 226(B) "Electrical advisory board," of
the Code of Ordinances, to delete from membership one resident not connected with the electrical industry
and to add to the membership a field representative from a utility power distribution company and a person
in the electrical supply business; providing for severance; and declaring an emergency.
ISSUE: The Electrical Advisory Board consists of nine members. The amendment will provide the addition of a
tenth member to the Board. Membership qualifications are revised by deleting from membership one resident
not connected with the electrical industry and adding to the membership a field representative from a utility
power distribution company and a person in the electrical supply business.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
k/A /.1(
Deborah A. Marroquin, P.E.
Interim Director of Developme Services
Attachments:
Exhibit A
Ordinance
Background Information
AGENDA MEMORANDUM
DITIONAL BACKGROUND INFORMATION
BACKGROUND: The Electrical Advisory board consists of nine members appointed by the City
Council. The amendment to the code of ordinances proposes to add a tenth person to the Electrical
Advisory Board, Membership qualifications are revised by deleting from membership one resident
riot connected with the electrical industry and adding to the membership a field representative from a
;'tility power distribution company and a person in the electrical supply business.
The Electrical Advisory Board has requested an additional board member be added
EXHIBIT A
AN ORDINANCE
AMENDING CHAPTER 14 "DEVELOPMENT SERVICES,"
SECTION 14- 226(b) "ELECTRICAL ADVISORY BOARD," OF
THE CODE OF ORDINANCES, TO DELETE FROM
MEMBERSHIP ONE RESIDENT NOT CONNECTED WITH THE
ELECTRICAL INDUSTRY AND TO ADD TO THE MEMBERSHIP
A FIELD REPRESENTATIVE FROM A UTILITY POWER
DISTRIBUTION COMPANY AND A PERSON IN THE
ELECTRICAL SUPPLY BUSINESS; PROVIDING FOR
SEVERANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Chapter 14 Development Services, Section 14 -226 (b) (2) a., to read
as follows:
Sec. 14 -226. Technical construction boards.
* * *
(b) Electrical advisory board
(1) Appointment. There is hereby established the electrical advisory board
which shall consist of (8(10) members. The board shall be appointed by the city
council. This board shall have the guidance and assistance of the building
official and the chief electrical inspector.
(2) Membership and terms.
a. Membership. Persons who serve on the electrical advisory board as
members shall be qualified as follow:
* * *
5 One (1) person who shall have had at (east five (5) years'
experience in the home building industry; and
6 Two (2) One (1) persons, residents of the city, not connected
with the electrical industry -i
7. One (1) person who shall be a Field Representative from a utility
power distribution company that services the Corpus Christi area
and with at least five (5) years experience; and
HA \LEG- DIR \SharedrGaryS agenda, 204 )7 \1- 16',Ord- EIAdBd- member.doc
8. One (1) person who shall have had at least five (5) years'
experience in the electrical supply business.
* * *
c. Quorum and voting. Five (5)Six (6) members of the board present at
any meeting shall constitute a quorum for the transaction of business.
The concurring vote of not less than five-(5-)six (6) members of the board
shall be necessary to constitute an official action of the board. No board
member shall act in a case in which he or she has a personal or
substantial interest in violation of the city code of ethics.
SECTION 2. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, that judgment shall not affect any other
section, paragraph, subdivision, clause, phrase, word or provision of this
ordinance.
SECTION 3. That upon written request of the Mayor or five council members,
copy attached, the City Council finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and suspends the Charter rule that requires consideration of and
voting upon ordinances at two regular meetings so that this ordinance is passed
and takes effect upon first reading as an emergency measure this the 16th day of
January, 2007
ATTEST:
Armando Chapa
City Secretary
Approved: January 18, 2007
By: (>
Gary W. Smith
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
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Corpus Christi. Texas
day of 2007
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: UWe, 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
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bil! Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H.\LEG- DIR \Shared.GaryS agenda'007 1-16 Ord-ElAdBd-member.doc
12
CITY COUNCIL
AGENDA MEMORANDUM
January 16, 2007
AGENDA ITEM: An ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 12, Boats, bays and waterways, by amending Article III "Miscellaneous regulations on
Lake Corpus Christi and other bodies of water discharging into Nueces River," Section 12 -106
"Game preserves in Lower Nueces River Water Supply District," to rename the section and to
prohibit hunting, fishing, trapping camping, dumping trash or refuse, possessing firearms, and
fires within the game preserves; providing for severance; providing a penalty clause; providing
for publication, and providing for an effective date.
ISSUE: Prohibiting activities, hunting, fishing, trapping, camping, dumping trash or refuse,
possessing firearms. and fires, that are inconsistent with maintaining a game preserve.
REQUIRED COUNCIL ACTION: Adoption of proposed ordinance.
PREVIOUS COUNCIL ACTIONS: By Ordinance No. 12669 enacted July 2, 1975, the game
preserve provisions were added to the Code.
FUNDING: N/A
RECOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed
ordinance prohibiting hunting, fishing, trapping, camping, dumping trash or refuse, possessing
firearms, and fires within the game preserves along Lake Corpus C,iristi and t Nueces River.
Ed Garana
Director of Water Utilities
AN ORDINANCE
Page 1 of 4
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 12, BOATS, BAYS AND WATERWAYS, BY AMENDING
ARTICLE III "MISCELLANEOUS REGULATIONS ON LAKE CORPUS
CHRISTI AND OTHER BODIES OF WATER DISCHARGING INTO
NUECES RIVER," SECTION 12 -106 "GAME PRESERVES IN LOWER
NUECES RIVER WATER SUPPLY DISTRICT," TO RENAME THE
SECTION AND TO PROHIBIT HUNTING, FISHING, TRAPPING, CAMPING,
DUMPING TRASH AND REFUSE, POSSESSING FIREARMS, AND FIRES
WITHIN THE GAME PRESERVES; PROVIDING FOR SEVERANCE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That section 12 -106, Game preserves in Lower Nueces River Water
Supply district. of the Code of Ordinances is revised to read as follows:
Sec. 12 -106. Game preserves
Lake Corpus Christi.
(a) The following described tracts or parcels of land, owned by the Lower Nueces
River Water Supply District, situated at Lake Corpus Christi, be and the same are
hereby established and designated as game preserves under the jurisdiction of the City
of Corpus Christi and the Texas Department of Parks and Wildlife:
Parcel 1 That parcel or tract of land consisting of 230 acres lying above the 94.0 -foot
elevation as determined by the United States Coastal and Geodetic Survey Datum,
being the westernmost part of that parcel or tract of land consisting of 561 acres,
situated in Live Oak County, Texas, being a part of the Maria Bridget Kevlin League,
and being that land described in a deed from George R. Dunning, et al, Lower Nueces
River Water Supply District, being filed for record in Volume 174, pages 353 - -357, Deed
Records of Live Oak County, Texas, to which reference is made for a full description.
Parcel 2 The land area above the 94 -foot contour out of the 639.79 acres of land, more
or less, in the Mary B. Kevlin Survey, and being the same tract of land conveyed to C.L.
Boothe by F.M. Hampton, et al, by deed dated January 10, 1931, recorded in Volume
40 page 565, Deed Records of Live Oak County, Texas, save and except the following:
(a ) 9.63 acres conveyed to F.M. Jones, et al, by C.L Boothe by deed dated
February 16, 1940. and recorded in Volume 80, page 383, Deed Records of Live
Oak County Texas
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Page 2 of 4
(b) 7 -17 acres described in deed from C.L. Boothe to the State of Texas,
dated November 14, 1933, and recorded in Volume 51, page 291, Deed Records
of Live Oak County, Texas;
(c) 15 acres, beginning at a point, said point being a 1 'A inch; iron pipe
located 60.0 feet S. 30 degrees 15' E. of S.F. Coffin's south or southeast fence
at a point in said fence 580.0 feet S. 59 degrees 45' W. of its intersection with
the west right -of -way line of State Highway No. 9, said intersection being the
southeast corner of the S F. Coffin tract; thence S. 59 degrees 45' W. at 113.0
feet past a 1 1/2 iron pipe in all 1,620.0 feet to a 1 1/2 iron pipe, said iron pipe
being 60.0 feet from the S.F Coffin fence and on the 94 -foot contour; thence
following the meanders of the 94 -foot contour in accordance with the following
metes and bounds: S. 38 degrees 50' E. 145.0 feet, S. 12 degrees 10' W. 105.0
feet, S. 15 degrees 15' W 81.0 feet, S. 13 degrees 40' E. 222.0 feet, N. 26
degrees 00' E. 65.0 feet N. 16 degrees 15' E. 82.0 feet, N. 41 degrees 30' E.
54.0 feet, N. 24 degrees 10' E. 63.0 feet, N. 19 degrees 30' E. 35.0 feet, N. 46
degrees 10' E. 234.0 feet to a 1 1/2 iron pipe at the end of the meanders of the
94 -foot contour; thence N. 30 degrees 15' W. 159.0 feet to a point, said point
being a 1 1/2 iron pipe; thence N. 59 degrees 45' E. 113.0 feet to a point, said
point being a 1 1/2 iron pipe; thence N 30 degrees 15' W. 301.0 feet to a point,
said point being a 1 1/2 iron pipe and also being the point of beginning.
Parcel 3: Approximately 40 acres, more or less Tying generally between Wesley Seale
Dam on the South. the Girl Scout Camp on the north and Lake Corpus Christi on the
west, and being a portion of such above - described tract conveyed by the City of Corpus
Christi to the Lower Nueces River Water District by deed recorded in Volume 203, page
560. Deed Records of San Patricio County, Texas; and approximately 20 acres, more
or less, immediately east of the above described 40 -acre tract.
Parcel 4: That parcel or tract of and consisting of 20 acres of land out of an original
tract of 141.62 acres of land out of the John McMullen Grant, being the same land
described in easement deed dated April 5, 1928, from H. Roos and R.C. Roos, to the
City of Corpus Christi, Texas, and which said deed is recorded in Volume 29, page 41,
Deed Records of Live Oak County, Texas, said land area being situated above the 94-
foot elevation.
Parcel 5: That parcel or tract of land consisting of 87 acres lying above the 94.0 -foot
elevation as determined by the United States Coastal and Geodetic Survey Datum,
being the easternmost part of that parcel or tract of land consisting of 561 acres,
situated in Live Oak County, Texas, being a part of the Maria Bridget Kevlin League,
and being that land described in a deed from George R. Dunning, et al, to Lower
Nueces River Water Supply District, being filed for record in Volume 174, pages 353-
357, Deed Records of Live Oak County, Texas, to which reference is made for a full
description.
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Page 3 of 4
A map, designated as Exhibit "A", is attached to Ord. No. 12669 for more particular
reference.
(b? A person shall not hunt, fish, trap, camp, dump trash or refuse, possess any
firearm, or build or maintain a fire within any portion of a game preserve described in
this section.
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 hereof be given full force and effect for its purpose.
SECTION 3. 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 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.
SECTION 5. This ordinance shall take effect upon and after publication of this
ordinance..
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That the foregoing r nance w_ read f the first time and passed to its second
reading on this the day of
Henry Garrett, Mayor
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
2007 by the following vote:
klit 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 , 2007, by the following vote:
Henry Garrett, Mayor
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the day of , 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved: January 11. 2007
By A
G W. Smith
Assistant City Attorney
For City Attorney
13
CITY COUNCIL
AGENDA MEMORANDUM
January 16, 2007
AGENDA ITEM: An ordinance amending the Code of Ordinances, City of Corpus Christi,
Chapter 10, Beachfront Management and Construction, by amending Article VII "Traffic,"
Section 10 -77 ''Pedestrian safe areas," to provide for marking and signage for pedestrian safe
areas and Section 10 -80 "One -way traffic on beach and access roads" to provide for
designation of the direction of travel between the northern end of the Padre Island seawall and
Padre Balli Park: providing for severance; providing for publication; and providing for an
effective date.
ISSUE: Providing signage delineating pedestrian safe areas by marking at each end of the
pedestriar safe area only and deleting the requirement of posts, poles, and bollards; and giving
the Director of Engineering Services discretion to establish the one -way direction of travel in the
area from the northern end of the Padre Island seawall to the northern boundary of Padre Balli
Park
REQUIRED COUNCIL ACTION: Adoption of proposed ordinance.
PREVIOUS COUNCIL ACTIONS: N/A
FUNDING: N /A.
RECOMMENDATION AND CONCLUSION: Staff recommends Council adopt the proposed
ordinance providing for marking and signage for pedestrian safe areas and providing for the
Director of Engineering Services to designate the direction of one -way traffic between the north
end of the Padre Island seawall and Padre Balli Park.
ary Kay Fischer
City Attorney
BACKGROUND INFORMATION
Section 10 -77 "Pedestrian safe areas" of the Code of Ordinances provides that the City
Manager may designate the area that is twenty -five (25) feet seaward from the lower edge of
the Padre Island seawall as a pedestrian safe area Motor vehicles may be prohibited from this
area of the beach to provide for the safety of individuals using the beach.
This section in subsection (d) provides for a pedestrian safe area to be marked with signs and
bollards, posts, poles, fencing, or tethering installed in the sand to prevent vehicles from
entering the pedestrian safe areas
The proposed change to this ordinance will reduce the requirement for signs, bollards, posts,
poles, fencing, or tethering by reducing the signage requirement to each end of the pedestrian
safe area This change will provide a more attractive beach environment by limiting the
proliferation of signs. bollards. posts, poles, fencing, or tethering.
The area near the lower edge of the seawall is not suitable for vehicular traffic in that the area
collects blown sand. This sand is not hard - packed and provides virtually no stable surface for
vehicles Vehicles attempting to travel In this area often become stuck in the sand.
The area seaward of the Padre Island seawall is restricted to one -way traffic by Section 10 -80
"One -way traffic on beach and access roads." This existing traffic regulation reduces the beach
required for vehicular travel to a single lane. Additionally, Section 10 -73 "Vehicular operation,"
subsection (e) generally prohibits vehicles from being operated within fifty (50) feet of the
water's edge. As a consequence, the beach available for vehicular traffic is very limited.
The proposed ordinance also provides the Director of Engineering Services with authority to
establish the direction of the one -way traffic on the beach between the north end of the Padre
Island seawall and Padre Balli Park. The present ordinance provides that the direction of one -
way traffic on this beach segment is from north to south. This may not be the most
advantageous direction for the flow of traffic. The proposed amendment will allow the Director
of Engineering Services to adjust or change the direction of one -way traffic as traffic engineering
indicates better serves the beach -going public and public safety.
Timetable
January 22, 2002 —City Council adopted Ordinance 24737 relating to the pedestrian safe beach
area seaward of the Padre Island seawall requiring delineation by signs, bollards, poles, posts,
fencing or tethering and the one -way traffic from north to south from the north end of the Padre
Island seawall to Padre Balli Park
April 15, 2003 —City Council adopted Ordinance 25260 amending Section 10 -77 relating to
pedestrian safe areas to delay the effectiveness of any pedestrian safe area designation until
after submission of the designation to the General Land Office and Attorney General and
approval of the General Land Office.
AN ORDINANCE
Page 1 of 3
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, BY
AMENDING ARTICLE VII "TRAFFIC," SECTION 10 -77 "PEDESTRIAN
SAFE AREAS," TO PROVIDE FOR MARKING AND SIGNAGE FOR
PEDESTRIAN SAFE AREAS AND SECTION 10 -80 "ONE -WAY TRAFFIC
ON BEACH AND ACCESS ROADS" TO PROVIDE FOR DESIGNATION OF
THE DIRECTION OF TRAVEL BETWEEN THE NORTHERN END OF THE
PADRE ISLAND SEAWALL AND PADRE BALLI PARK; PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That section 10- 77(e), Pedestrian safe areas, of the Code of Ordinances
is revised to read as follows:
Sec. 10 -77. Pedestrian safe areas.
(e) The city manager may establish a pedestrian safe area seaward of the concrete
portion of the Gulf seawall, until the beach seaward of the concrete portion of the
seawall has been renourished as determined by the city manager. The city manager
shall mark such pedestrian safe areas with signs at each end of the pedestrian safe
area to give notice of the pedestrian safe area and to prevent vehicles from entering the
pedestrian safe areas.
SECTION 2. That section 10- 80(e), One -way traffic on beach and access roads, of the
Code of Ordinances is revised to read as follows:
Sec. 10 -80. One -way traffic on beach and access roads.
(e) Vehicles traveling on the Gulf beach between the northern end of the seawall and
Padre Balli Park may only travel in the direction determined by the
director of engineering services and as indicated by signage erected pursuant thereto.
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,
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Page 2 of 3
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 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.
SECTION 5. This ordinance shall take effect not earlier than the approval of these
changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the
General Land Office.
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-ghat the foregoing o �nance was read for the first time and passed to its second
reading on this the
day of , 2007 by the following vote:
Henry Garrett, Mayor t't)eQ Rex A. Kinnison
Brent Chesney John E. Marez
Melody Cooper 4y Jesse Noyola
Jerry Garcia Kt Mark Scott
Bill Kelly tOti 11
That the foregoing ordinance was read for the second time and passed finally on this
the day of _ 2007, by the following vote:
Henry Garrett, Mayor
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the day of , 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Henry Garrett, Mayor
Approved: January 11, 2007
G.# W. Smith
Assistant City Attorney
For City Attorney
14
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING , City Council Action Date: 01/23/07)
Case No. 1206 -03, Mostaghasi Investment Trust: A change of zoning from a "R -1B" One - Family
Dwelling District to a "B-4" General Business District being 1.94 acres, a portion of Lot 1, Block 2,
Nueces River Irrigation Park, Volume "A ", Page 54, Map Records, Nueces County, Texas, located
approximately 400 feet from the southwest intersection of FM 624 (Northwest Blvd) and County Road 69
'Hazel Bazemore Rd.)
Planning Commission & Staff's Recommendation (12/13/06): Approval of the "B -4" General Business
District
Reggested Council Action: Approval of the "B-4" General Business District.
Summary:
• Request: The applicant has requested a zone change from "R -1B" One - family Dwelling District
10 "B-4" General Business District for the subject property to allow for commercial development.
The application states that the property would be used as a commercial strip center, but it is
speculative at this time.
• Existing Land Use: The property is currently vacant. The surrounding existing land uses are
single- family residential to the east and vacant to the north and south, and commercial to the
west.
• Zoning: The subject property is in an area zoned "B-4" General Business District to the north and
west and "R-1A" One - family Dwelling District to the east. This area is developed with single -
family residences to the east, vacant to the north and south, and commercial to the west. The
purpose of the "B -4" General Business District is to provide sufficient space in appropriate
locations for all types of commercial and miscellaneous services activities, particularly along
certain existing major streets where a general mixture of commercial and service activity now
exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking
activity. open storage of material, or the nuisance factors of dust, odor, and noise associated with
manufacturing. The B-4" District allows auto and boat sales, taverns, lounges, and bars.
• Transportation: The property has access to CR 69 (Hazel Bazemore Road.) Hazel Bazemore
Road is classified as a minor arterial street undivided. The minor arterial street is provides for
itywide and inter neighborhood traffic mobility but functions at a lower level than the secondary
arterial. The primary emphasis is on traffic movement with more emphasis on land access.
Ag.enda Memorandum.
Case No 1206-03 (Mostaghas: Ink estment Tr )
Page 2
• Utilities: A 6 -inch water line is available at the rear of the subject property. An 8 -inch wastewater
line is available to the property on Hazel Bazemore Road.
Comprehensive Plan and Land Use Compatibility: The future land use map recommends
commercial for the subject property The zone change request is consistent with the land use map,
however the intensity of the uses permitted in the "B -4 "District are not compatible with the low -
density residential to the east
Notification: Of the eight (8) notices mailed to the surrounding property owners, zero (0) were returned
in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is
considered non- controversial.
Deborah A. Marroquin, P.
Interim Director of Development S ices
MG FGrvL blp
Attachments:
1 Zoning Report
2 ; Zoning Map
3 Planning Commission Minutes (12!13/06)
4 , Ordinance
CITY COUNCIL
ZONING REPORT
Case No. 1206-03
City Council Hearing Date: January 23, 2007
Applicant: Mostaghasi Investment Trust
Owner: Same as applicant
Agent: Samantha Long
a Legal Description/Location: 1.94 acres, a portion of Lot 1, Block 2, Nueces
. River Irrigation Park, Volume "A ", Page 54, Map Records, Nueces County, Texas,
_all located approximately 400 feet from the southwest intersection of FM 624
aG (Northwest Blvd) and County Road 69 (Hazel Bazemore Rd.)
Q
honing Request
Existing Zoning and Land Uses
From: "R-1B" One- family Dwelling District
To: "B -4" General Business District
Area: 1.94 acres / 84,506.4 square feet
Purpose of Request: To allow commercial development
Zoning
Site "R-1B" One - family
Dwelling District
Existing Land Use
Vacant
Future Land Use
Commercial
Vorth "B -4" General Business Vacant
District
South "R-1B" One - family Vacant
Dwelling District
East "R -1A" One- family Single- family
Dwelling District residential
West "B -4" General Business Commercial
District
Commercial
Commercial
Single - family residential
Public /Semi - Public
oArea Development Plan: Northwest Area Development Plan - The future land use map
a recommends commercial for the subject property.
a c Map: 067050
4 > Zoning Violations: None
Zcaning Report
Case No 1206 -03 (Mostaghasi Investmenr Trust)
Page 2
Staffs Sum
• Request: The applicant has requested a zone change from "R -1B" One - family
Dwelling District to "B -4" General Business District for the subject property to
allow for commercial development. The application states that the property would
be used as a commercial strip center, but it is speculative at this time.
• Existing Land lase: The property is currently vacant. The surrounding existing
land uses are single- family residential to the east and vacant to the north and
south, and commercial to the west.
• Zoning: The subject property is in an area zoned "B -4" General Business District
to the north and west and "R -1 A" One - family Dwelling District to the east. This
area is developed with single - family residences to the east, vacant to the north and
south, and commercial to the west. The purpose of the "B -4" General Business
District is to provide sufficient space in appropriate locations for all types of
commercial and miscellaneous services activities, particularly along certain
existing major streets where a general mixture of commercial and service activity
now exists, but which uses are not characterized by extensive warehousing,
frequent heavy trucking activity, open storage of material, or the nuisance factors
of dust. odor, and noise associated with manufacturing. The "B -4" District allows
auto and boat sales, taverns, lounges, and bars.
• Transportation: The property has access to CR 69 (Hazel Bazemore Road.)
Hazel Bazemore Road is classified as a minor arterial street undivided. The
minor arterial street is provides for citywide and inter neighborhood traffic
mobility, but functions at a lower level than the secondary arterial. The primary
emphasis is on traffic movement with more emphasis on land access.
• Utilities: A 6 -inch water line is available at the rear of the subject property. An fl-
inch wastewater line is available to the property on Hazel Bazemore Road.
• Comprehensive Plan and Land Use Compatibility: The future land use map
recommends commercial for the subject property. The zone change request is
consistent with the land use map, however the intensity of the uses permitted in
the "B -4 "District are not compatible with the low - density residential to the east.
l,,n;rig R ptrrt
Case No 1; 06 -03 (Mostaghas i InvestmerI Trust,
P tie 3
L . Street
Hazel Bazemore Road Arterial
Type Paved Section
95' ROW (64' back to
back)
Volume
(2001)
630 A.D.T.
M
e The property is not platted. A subdivision plat is required prior to development.
the zone change request is consistent with the land use map; however the intensity of the
Euses permitted in the "B -4 "District are not compatible with the low- density residential to
• E c the east. Neighborhood commercial uses would be more compatible with the existing
U iow density residential to the east and the "R -1B" District to the south. Therefore, staff
supports a "B -1" Neighborhood Commercial District for the subject property.
w
et
Recommendation
Denial of the "B -4" General Business District, and in lieu thereof, approval of a "B -1"
Neighborhood ( ommercial District.
C
01) .0 C
c
c
cE E 1 Approval of the 'B -4" General Business District
a o c
U u
sNumber of Notices Mailed: 8
.� Favor: 0
E Opposition: 0
3 (As of December 13, 2006)
Attachment: Zoning Map
11/29/06 SRR
F -R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R -1A One Family Dwelling District
R -18 One Family Dwelling District
R -1 C One Family Dwelling District
City of Corpus Chris*, Texas
Department of Development Services
2120603
4-TH Townhouse Dwelling District
4 -2 Multiple Dwelling District
-1A Travel Trailer Park District
'•1B Manufactured Home Park District
-1C Manufactured Home Subdivision District
4.1 Apartment House District
A -1A Apartment House District
5-2 Apartment House District
AT Apartment- Tourist District
58 Professional Office District
8.1 Neighborhood Business District
8 -1A Neighborhood Business District
8 -25 Barrier Island Business District
8.2
BD
8 -3
9.4
B-5
94
i•1
Bayfront Business District
Corpus Christi Beach Design Disnct
Business District
General Business District
Primary Business District
Primary Business Core District
Limited Industrial District
Notice Map
1 -2 Light Industrial District
13 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
HC Historical- Cultural Landmark Preservation
N
0 100 200
400
Feet
MINUTES
REGU LAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — December 13, 2006
5:30 P.M.
IV. ZONING
1. New Zoning
c. Case No. 1206 -03
Mostaghasi Investment Trust: A change of zoning from a "R-1B" One -
family Dwelling District to a "B-4" General Business District
1.94 acres, a portion of Lot 1, Block 2, Nueces River Irrigation Park,
Volume "A Page 54, Map Records, Nueces County, Texas,
located approximately 400 feet from the southwest intersection of FM
624 (Northwest Blvd) and County Road 69 (Hazel Bazemore Rd.)
Shannon Murphy presented the above case describing subject property located at the
intersection of FM 624 and County Road 69. The surrounding land use consists of single family
residential to the east and commercial to the west. The subject property is vacant along with adjacent
property to the north which is also owned by the applicant and zoned a "B-4" General Business
District. There is vacant land to the south. The purpose of the request at this time is speculative but
the applicant stated that a commercial strip center may be a possibility. In view of the adjacent
residential development to the east and residential zoning to the south, Staff recommends denial of
the "B-4" General Business District due to its' incompatibility and, in lieu thereof, approval of a "B-
' ' Neighborhood Business District. There were eight (8) notices mailed with zero returned in favor
t'r ;apposition
Public hearing was opened
Samantha Long, Mostaghasi Investments, Corpus Christi, Texas stated that the objective is to
combine the already zoned "B-4" General Business District to the north with this request for a "B-4"
General Business District. The applicant stated Mostaghasi Investments is in need of a "B-4" General
Business District and would not be agreeable to the "B -1" Neighborhood Business District.
In answer to Commissioner Pusley, Mrs. Murphy stated that four (4) notices were sent to
. urrounding residents
Commissioner Skrobarczyk stated his approval of a "B -4" General Business District for this
property.
Commissioner Pusley stated his opposition to the "B -4" General Business District stating that
County Road 69 is an unimproved road with no curbs or gutters. With the approval of a "B-4"
General Business District zoning, there will be increased traffic for an area that was not designed to
handle that type of traffic.
Public hearing was closed
Motion for approval of a °"B -4" General Business District was made by Commissioner
Skrobarczyk and seconded by Commissioner Braselton. Motion passed unanimously with
t:'ommissioner Puslev opposing the vote.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY MOSTAGHASI INVESTMENT TRUST, BY CHANGING THE ZONING
MAP IN REFERENCE TO NUECES RIVER IRRIGATION PARK,
VOLUME "A ", PAGE 54, MAP RECORDS, NUECES COUNTY, TEXAS,
BEING 1.94 ACRES, A PORTION OF LOT 1, BLOCK 2 FROM "R -1B"
ONE- FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
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 Mostaghasi Investment Trust, 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,
December 13, 2006, during a meeting of the Planning Commission, and on Tuesday,
January 23, 2007, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Nueces River Irrigation Park, Volume "A ", Page
54, Map Records, Nueces County, Texas, being 1.94 acres, a portion of Lot 1, Block 2,
iocated approximately, 400 feet from the southwest intersection of FM 624 (Northwest
Blvd) and County Road 69 (Hazel Bazemore Rd) from "R-1B" One - family Dwelling
District to "B -4" General Business District. (Map 067050)
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.
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 6. 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 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 23rd day of January. 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett.
City Secretary Mayor, City of Corpus Christi
APPROVED: January 17, 2007.
Gary vv. Smith
Assistant City Attorney
For City Attorney
H tiLEG- DIRiShared \GaryS\agenda12 0 0 711 -2 3. 206 -03 Mostaghasi reg.doc
Page 3 of 3
Corpus Christi, Texas
day of , 2007
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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
H \LEG-DI R\ Shared\ GaryS \agenda\2007\1 - 23`1206 -03 Mostaghasi reg.doc
MURRAY BASS, JR.,
N1xoN M. WELSH, PE.,R.P.LS.
www.hass -welsh corn
3054 S. ALAMEDA, ziP 78404
PH 361 882 -5521— FAx 361 882 -1265
e -mail: murrayjr@aol.com
e -mail: nixmw @aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
orpus Christi, TX 78466 -6397
B -4 Zoning Tract
STATE OF TEXAS
§
COUNTY OF NUECES §
November 21, 2006
03106 -M &B.doc
Description of a 1.94 acre tract of land, more or less, a portion of Lot 1, Block 2, Nueces River Irrigation
Park, a map of which is recorded in Volume "A ", Page 54, Map Records, Nueces County, Texas, said 1.94
acre tract as further described by metes and bounds as follows;
BEGINNING at a point in the east boundary line of Lot 1A, Block 1, Taylor Best Plaza, a map of which is
recorded in Volume 64, Page 15, said map records, said beigninng point for the northwest corner of the tract
herein described and said beigninng point bears S10°00'00 "W 400.00' from the northeast corner of said Lot
IA, Block 1, Taylor Best Plaza;
Thence 584°01'08 "E 548.01' to a point in the westerly right -of -way line of Hazel Bazemore Road for the
northeast corner of the tract herein described;
Thence S10°00'00 "W 154.24' along said westerly right -of -way line Hazel Bazemore Road to a point for the
southeast corner of the tract herein described;
Thence N84°01'08 "W 548.01' to a point for the southwest corner of the tract herein described and being in
said east boundary line of Lot 1A, Block 1, Taylor Best Plaza;
Thence along said east boundary line of Lot 1A, Block 1, Taylor Best Plaza, N10 °00'00 "E 154.24' to the point
of BEGINNING, a sketch showing said 1.94 acre tract being attached hereto as Exhibit `B ".
Exhibit "A"
Sheet 1 of 1
Nixon M. Welsh, R.P.L.S.
15
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: 01/23/07)
Case j111o. 1206 -02, Catamaran Properties, Ltd.: A change of zoning from "R -1B" One - family Dwelling
District to an "R -2" Multiple Dwelling District for Tracts 2 and 3 and a "B -1" Neighborhood Business
District for Tract 1 resulting in a change of land use from single - family residential to multi - family and
commercial property being Tract 1: 1.08 acres, a portion of the A.M. French 237 Acre Tract out of Survey
417, Abstract 571, Nueces County, Texas. located at the southeast intersection of McKinzie Road and
Kingsbury - Drive; Tract 2: .67 acres, a portion of the A.M. French 237 Acre Tract out of Survey 417,
Abstract 571, Nueces County, Texas, located approximately 190 feet from the southeast intersection of
McKinzie Road and Kingsbury Drive, Tract 3: 3.5 acres, a portion of the A.M. French 237 Acre Tract out
of Survey 417, Abstract 571, Nueces County, Texas, located at the northeast intersection of McKinzie
Road and Kingsbury
Planning Commission & Staff's Recommendation (12/13/06): Approval of a "R -2" Multiple Dwelling
District for Tracts 2 and 3 and a "B -1" Neighborhood Business District for Tract 1.
Regulated Cguncil Action: Approval of a "R -2" Multiple Dwelling District for Tracts 2 and 3 and a
"B -1 " Neighborhood Business District for Tract 1.
Summary:
• Request: The applicant has requested a zone change from "R -2" Multiple Dwelling District for
Tracts 2 and 3 and a "B -1" Neighborhood Business District for Tract 1 to allow for the
development of a townhouse development and commercial. Commercial is proposed at the corner
of McKinzie Road and Kingsbury Drive (Tract 1), a 12 unit townhouse project is proposed for
Tract 2, and a 33 unit townhouse project is proposed for Tract 3.
• Existing Land Use: The three tracts are currently vacant. The surrounding existing land uses are
single - family residential to the east. vacant to the north and south, and Tuloso Midway High
School to the west.
• Zoning: The subject property is in an area zoned "R -1B" One - family Dwelling District. This
area is predominantly developed with single- family residences to the east and the high school to
the west. The purpose of the "R -2" Multiple Dwelling District is to maintain a generally spacious
residential environment but at the same time permits a variety of housing types. Population
density and height of buildings are low enough to be compatible with neighboring single - family
development. The minimum lot size in the "R -2" District is 6,000 square feet, with a front yard
setback of twenty (20) feet, side and rear yard setbacks of five _(5) feet for one and two- family
dwellings, and a maximum height of forty-five (45) feet.
Agenda Memorandum
Case do 1706 -02 (Catamaran Properties. Ltd
Page .'
The purpose of the "B -1" Neighborhood Business District is to provide primarily for retail
shopping and personal service uses to be developed either as a unit or in individual parcels to
serve the needs of nearby residential neighborhoods. The front setback is twenty (20) feet; side
and rear yard setbacks of ten 10i feet when abutting residential districts, and a maximum height
of thirty-five t 3S) feet.
• Transportation: Tracts 1 and 3 have access to McKinzie Road and Kingsbury Drive. Tract 2 has
access to Kingsbury Drive. K ingsbury Drive is classified as a local access street. McKinzie Road
is classified as a secondary arterial street. The secondary arterial street is intended to connect and
augment the primary arterial system. The purpose of this arterial is to provide citywide traffic
mobility but functions at a lower level and places more emphasis on land access than the primary
arterial.
• Utilities: A 2 -inch water line is available to all three Tracts on Kingsbury Drive. The line will
need to be improved for this development. An 8 -inch wastewater line is available to Tract 3 along
Robby Drive and along the southern property line of Tract 2.
• Comprehensive Plan and Land Use Compatibility: The future land use map recommends
commercial for Tracts 1 and 2 and low- density residential for Tract 3. Tract 1 is consistent with
the Plan. Although Tract 2 is not proposed as commercial, the townhouse development provides a
buffer between the proposed commercial tract and the existing single - family residential to the
east. Although Traci 3 is not proposed as low- density residential, the townhouse development is
an appropriate use across from the school and its location on McKinzie Road because it would
provide a buffer to the existing single- family residential to the east.
Notification: Of the ten (10 } notices mailed to the surrounding property owners, zero (0) were returned
in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is
considered non - controversial.
014,
Deborah A. Marroquin, P.E.
Interim Director of Development S ices
Mir /FGMiblp
Attackinents:
1) Zoning Report
2) Zoning Map
3) Planning Commission Minutes (12'13/06)
4) Ordinance
CITY COUNCIL
ZONING REPORT
Case No. 1206 -02
Planning Commission Hearing Date: December 13, 2006
Applicant: Catamaran Properties. Ltd.
Owner: Same as applicant
Agent: Tracy Long
Legal Description/Location: Tract 1: 1.08 acres, a portion of the A.M. French 237 Acre
Tract out of Survey 417, Abstract 571, Nueces County, Texas, located at the southeast
intersection of McKinzie Road and Kingsbury Drive; Tract 2: 1.67 acres, a portion of the
A.M. French 237 Acre Tract out of Survey 417, Abstract 571, Nueces County, Texas,
located approximately 190 feet from the southeast intersection of McKinzie Road and
Kingsbury Drive; Tract 3: 3.5 acres, a portion of the A.M. French 237 Acre Tract out of
Survey 417. Abstract 571, Nueces County. Texas, located at the northeast intersection of
McKinzie Road and Kingsbury.
Zoning Request
From: "R-1B" One - famil■ Dwelling District
To: "R -2" Multiple Dwelling District for Tracts 2 and 3 and a "B -1" Neighborhood Business
District for Tract
Area: 6.25 acres / 272,250 square feet
Purpose of Request: To allow commercial on Tract 1 and a townhouse development on Tracts 2
and3.
Existing Zoning and Land Uses
Site
Vorth
South
East
West
Zoning
"R -1B" One-family Dwelling
District
"R -1B" One - family Dwelling
District
"A -2" Apartment House District
and "B -1" Neighborhood Business
District
"R- I B" One-family Dwelling
District
"R -1B" One - family Dwelling
District
Existing Land Use
Future Land Use
Vacant
Single - family
residential/Commercial
Vacant
Single - family residential
Vacant
Commercial
Single- family
residential
Single - family residential
Public /Semi - Public
Public /Semi - Public
Area Development Plan: Northwest Area Development Plan- The future land use map
recommends commercial for Tracts 1 and 2 and low- density residential for Tract 3.
Map: 060048
Zoning Violations: None
Zoning Report
Case No. 206 -02 (Catamaran Properties_ 1,td
Page 2
Staffs Summa
• Request: The applicant has requested a zone change from "R -2" Multiple Dwelling
District for Tracts 2 and 3 and a `B -1" Neighborhood Business District for Tract 1 to
allow for the development of a townhouse development and commercial. Commercial is
proposed at the corner of McKinzie Road and Kingsbury Drive (Tract 1), a 12 unit
townhouse project is proposed for Tract 2, and a 33 unit townhouse project is proposed
for Tract
• Existing Land Use: The three tracts are currently vacant. The surrounding existing land
uses are single- family residential to the east, vacant to the north and south, and Tuloso
Midway High School to the west.
• Zoning: The subject property is in an area zoned "R -IB" One - family Dwelling District.
This area is predominantly developed with single- family residences to the east and the
high school to the west. The purpose of the "R -2" Multiple Dwelling District is to
maintain a generally spacious residential environment but at the same time permits a
)ariety of' housing types. Population density and height of buildings are low enough to
he compatible with neighboring single- family development. The minimum lot size in the
-R R -r District is 6.000 square feet. with a front yard setback of twenty (20) feet, side and
rear yard setbacks of five (5) feet for one and two - family dwellings, and a maximum
height of forty-five (45) feet.
The purpose of the "B-1- Neighborhood Business District is to provide primarily for
retail shopping and personal service uses to be developed either as a unit or in individual
parcels to serve the needs of nearby residential neighborhoods. The front setback is
twenty (20) feet; side and rear yard setbacks of ten (10) feet when abutting residential
districts. and a maximum height of thirty -five (35) feet.
• Transportation: Tracts 1 and 3 have access to McKinzie Road and Kingsbury Drive.
Tract 2 has access to Kingsbury Drive. Kingsbury Drive is classified as a local access
street. McKinzie Road is classified as a secondary arterial street. The secondary arterial
street is intended to connect and augment the primary arterial system. The purpose of
this arterial is to provide citywide traffic mobility but functions at a lower level and
places more emphasis on land access than the primary arterial.
• Utilities: a 2 -inch water line is available to all three Tracts on Kingsbury Drive. The line
will need to be improved for this development. An 8 -inch wastewater line is available to
Tract 3 along Robby Drive and along the southern property line of Tract 2.
• Comprehensive Plan and Land Use Compatibility: The future land use map
recommends commercial for Tracts I and 2 and low- density residential for Tract 3. Tract
1 is consistent with the Plan. Although Tract 2 is not proposed as commercial, the
townhouse development provides a buffer between the proposed commercial tract and
the existing single - family residential to the east. Although Tract 3 is not proposed as low -
density residential. the townhouse development is an appropriate use across from the
school and its location on McKinzie Road because it would provide a buffer to the
existing single - family residential to the east.
Zoning Report
Case No 1206 -02 (Catamaran Properties !,t
Page 3
Street R.O.W
Street Type Paved Section
McKinzie Road A- rterial 100' ROW (54' back to back
Kingsbury Drive L- ocal 60' ROW
Robby Drive L- ocal 60' ROW
Volume
(2001)
9,130 A.D.T.
Not available
Not available
H
Fhe property is not platted A subdivision plat is required prior to development.
Fhe proposed townhouse developments and commercial use at the intersection of McKinzie Road
and Kingsbury Drive are compatible with the intent of the Northwest Area Development Plan
policies and suitable uses to assist in the buffering of the existing residential development to the
east from McKinzie Road.
Recommendation
Approval of "R -2" Multiple Dwelling District for Tracts 2 and 3 and a "B -1" Neighborhood
Business District for Tract 1
Recommendation
Approval of a "R -2" Multiple Dwelling District for Tracts 2 and 3 and a "B -1" Neighborhood
Business District for Tract 1
'lumber of Notices Mailed 10
Favor: 0
Opposition: 0
(As of December 8, 2006)
Attachment: Zoning Map
2 29
—25 -
a -it- .-
3 Z6 -_
i 25
24
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22
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SUBJECT PAR
ASSESSORS MAP 138
R- 1B
f -R
MORGAN SCHOOL TRACT
R -1 B
52
26
25
24
23
22
21
13
14
15
16
17
18
20 19
BASKETT STREET
1
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SHANE DRIVE
2
3
4
MCKINZIE ROAD
A-2
2
3
3
4
5
6
10
11
12 13
14
15
Al
1112806 SRR
Fans Rural District
RE Residential EMMe District
RA One Family Dwelling District
R -1A One Family Melling DNmist
R -1111 One Family DsMNng District
R -1C One Family Dwelling District
City of Capps = TOM
Depot/nett of Development Services
Z120602
R -TH Townhouse Dwelling District
R -2 Mu111P1s Dwelling District
T -1 A Travel Trailer Park DYUiet
T -1B Mamdsctursd Horne Pare District
T -1C Mania ug d Horns Subdivision District
4 -1 Apaussnt House District
A -1A Apabeelt House District
A -2
AT
AB
Apartment House District
ApaMm i8- Tourist District
PrWewionel Office District
B-1 Neighborhood Business District
O -1A Neighborhood Business District
0-2A BmrwrMiend Business District
B-2
B D
0-3
B-4
B-5
0-6
I•t
Bayhont Brines; Dhtrkt
Corps Christi Beach Design Mend
Business District
General BuNnces District
Primary Business District
Primary Business Con District
Limited industrial Diemen
Notice Map
1-2 Belk industrial District
1-3 Heavy industrial District
SP ssesisi Pemtrt
PUD Plaited Unit Development
HC Historical-Cultural Landmark Reservagon
N
0 100 200
400
Feet
MINUTES
REGL LAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — December 13, 2006
5:30 P.M.
IV ZONING
1 New Zoning
b. Case No. 1206 -02
Catamaran Properties, Ltd: A change of Zoning from a "R -1B" One -
family Dwelling District to a "R -2" Multiple Dwelling District for Tracts
2 and 3 and a "B -1 "Neighborhood Business District for Tract 1
Tract 1: 1.08 acres, a portion of the A.M. French 237 Acre Tract out of
Survey 417, Abstract 571, Nueces County, Texas, located at the
southeast intersection of McKinzie Road and Kingsbury Drive;
Tract 2: 1 67 acres, a portion of the A.M. French 237 Acre Tract out of
Survey 41', Abstract 571. Nueces County, Texas, located approximately
190 feet from the southeast intersection of McKinzie Road and
Kingsbury Drive; Tract 3: 3.5 acres, a portion of the A.M. French 237
Acre Tract out of Survey 417, Abstract 571, Nueces County, Texas,
located at the northeast intersection of McKinzie Road and Kingsbury.
Shannon Murphy presented the above case requesting a "B -1" Neighborhood Business
District on Tract 1 for development of a retail shopping center. A "R -2" Multiple Dwelling
District for Tracts 2 and 3 is proposed for a 12 unit complex development and a 33 unit
townhouse development. The subject property is vacant with surrounding land use consisting of
vacant land, single family residential development, and the Tuloso Midway High School to the
west. hi view that this request is compatible with the Northwest Area Development Plan, Staff
recommends approval of the .B -1- Neighborhood Business District for Tract 1 and an "R -2"
Multiple Dwelling District for Tracts 2 and 3.
Public hearing was opened
No one was present in favor or opposition.
Public hearing was closed_
Motion for approval was made by Commissioner Braselton and seconded by Commissioner
Skrobarczyk. Motion passed unanimously.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CATAMARAN PROPERTIES, LTD., BY CHANGING THE ZONING
MAP IN REFERENCE TO TRACT 1: 1.08 ACRES, A PORTION OF THE
A.M. FRENCH 237 ACRE TRACT OUT OF SURVEY 417, ABSTRACT
571, NUECES COUNTY, TEXAS FROM "R-1B" ONE - FAMILY
DWELLING DISTRICT TO "B -1" NEIGHBORHOOD BUSINESS
DISTRICT; TRACT 2: 1.67 ACRES, A PORTION OF THE A.M. FRENCH
237 ACRE TRACT OUT OF SURVEY 417, ABSTRACT 571, NUECES
COUNTY, TEXAS FROM "R-1B" ONE - FAMILY DWELLING DISTRICT
TO "R -2" MULTIPLE DWELLING DISTRICT; AND TRACT 3: 3.5
ACRES, A PORTION OF THE A.M. FRENCH 237 ACRE TRACT OUT
OF SURVEY 417, ABSTRACT 571, NUECES COUNTY, TEXAS FROM
"R-1B" ONE - FAMILY DWELLING DISTRICT TO "R -2" MULTIPLE
DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; 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 Catamaran Properties, Ltd., 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,
December 13, 2006, during a meeting of the Planning Commission, and on Tuesday,
January 23, 2007, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi,
Texas, is amended by changing the zoning on Tract 1: 1.08 acres, a
portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571,
Nueces County, Texas, located at the southeast intersection of McKinzie
Road and Kingsbury Drive from "R-1B" One - family Dwelling District to an
"B -1" Neighborhood Business District; Tract 2: 1.67 acres, a portion of the
A M, French 237 acre tract out of Survey 417, Abstract 571, Nueces
County, Texas, located approximately 190 feet from the southeast
intersection of McKinzie Road and Kingsbury Drive from "R-1B" One - family
Page 2 of 4
Dwelling District to an "R -2" Multiple Dwelling District; Tract 3: 3.5 acres, a
portion of the A.M. French 237 acre tract out of Survey 417, Abstract 571,
Nueces County, Texas, located at the northeast intersection of McKinzie
Road and Kingsbury from "R-1B" One - family Dwelling District to an "R -2"
Multiple Dwelling District (Map 061048) (Exhibits)
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.
SECTION 6. 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 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and 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 23rd day of January 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett.
City Secretary Mayor, City of Corpus Christi
APPROVED: January 17, 2007,
4 1i t.
G ry I. Smith
Assistant City Attorney
For City Attorney
H: LEG -DIR \Shared \GaryS\agenda12007\1 - 23\1206 -02 Catamaran reg.doc
Page 3 of 3
Corpus Christi, Texas
day of , 2007
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. 1 /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, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
John Marez
Jerry Garcia
William Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
h ',LEG -DIR \Shared \Gary S\ agenda \2007\1 -23 1206 -02 Catamaran reg.doc
MURRAY BASS, JR., P.E.,R.P.L.S
NIxON M. WELSH, P.E-.R.PL.S
www.bass- welsh.com
3054 S. ALAMEDA, ZIP 78404
PH 361 882 -5521— FAX 361 882 -1265
e -mail: murrayjr @aol.com
e -mail: nixmwc@aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
(orpus Christi, TX 78466 -6397
Tract 1
B -1 Zoning
STATE OF TEXAS
COUNTY OF NUECES §
November 22, 2006
06100 -M &B 1,doc
Description of a 1.08 acre tract of land, more or less, a portion of the A.M. French 237 Acre Tract out of Survey
41'7, Abstract 571, Nueces County, Texas, said 1.08 acre tract as further described by metes and bounds as follows;
BEGINNING at the northwest corner of Lot 1, Block 1, Rand Morgan Village, a map of which is recorded in
Volute 50, Page 165, Map Records, Nueces County, Texas, said beginning point for the southwest corner of the
tract herein described and being in the east right -of -way line of McKenzie Road;
Thence along said east right -of -way line of McKenzie Road N00 °05'02 "E 227.36' to the point of curvature of a
circular curve to the right having a central angle of 89 °52'32 ", a radius of 10,00' and a chord bearing N45 °01' 18 "E
a distance of 14.13';
Thence along the arc of said circular curve to the right a distance of 15.69' to the point of tangency in the south
right -of -way line of Kingsbury Drive;
Thence along said south right -of -way line of Kingsbury Drive N89 °57'34 "E 189.49' to a point for the northeast
corner of the tract herein described;
Thence S00 °02'26 "E 234.56' to the northeast corner of said Lot 1, Block 1, Rand Morgan Village for the southeast
corner of the tract herein described;
Thence along the north boundary line of said Lot I, Block 1, Rand Morgan Village S89 °09'47 "W 200.00' to the
point of BEGINNING, a sketch showing said 1.08 acre tract being attached hereto as Exhibit "D ".
Exhibit "A"
Sheet 1 of 1
Nixon M. Welsh, R.P.L.S.
MURRAY BASS, JR., P.E.,R.P.L.S.
NIXON M. WELSH, P.E.,R.PL.S.
www.bass -welsh con,
3054 S. ALAMEDA, ZIP 78404
PH 361 882 -5521— FAX 361 882 -1265
e -mail: murrayjr @aol.com
e -mail: nixmw @aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
Carpus Christi, TX 78466 -6397
Tract 2
R -2 Zoning
STATE OF TEXAS §
COUNTY OF NUECES
November 22, 2006
06100- M &B2.doc
Description of a 1.67 acre tract of land, more or less, a portion of the A.M. French 237 Acre Tract out of Survey
417, Abstract 571, Nueces County, Texas, said 1.67 acre tract as further described by metes and bounds as follows;
BEGINNING at the northwest corner of Lot 3, Block 1, Rand Morgan Village, a map of which is recorded at
Volume 50, Page 165, Map Records, Nueces County, Texas, said beginning point for the southwest corner of the
tract herein described:
Thence N00 °02'26 "W 234.56' to a point in the south right -of -way line of Kingsbury Drive for the northwest comer
of the tract herein described;
Thence along said south right -of -way line of Kingsbury Drive N89 °57'34 "E 312,98' to a point for the northeast
corner of the tract herein described, said northeast corner being at the point of intersection of said south right -of -way
line of Kingsbury Drive and the west right -of -way line of Robby Drive;
Thence along said west right -of -way line of Robby Drive S00 °00'00 "W 230.21' to a point in the north boundary
line of said Lot 3, Block 1, Rand Morgan Village, for the southeast comer of the tract herein described;
i hence along said north boundary line of Lot 3, Block 1, Rand Morgan Village, S89 °09'47 "W 312.85' to the point
of BEGINNING, a sketch showing said 1 67 acre tract being attached hereto as Exhibit "D ".
Exhibit "B"
Sheet 1 of 1
Nixon M. Welsh, R.P.L.S.
( a o 0 -o).
MURRAY BASS, JR., PE,R.PLS
uixoN M. WELSH, PE,R.PL.S
.,,ww,bass- welsh .com
3054 S. ALAMEDA, ZIP 78404
PH 361 882 - 5521- FAX 361 882 -1265
e -mail: murrayjr @aol.com
e -mail: nixmw@aol.com
BASS & WELSH ENGINEERING
P.O. Box 6397
C orpus Christi, TX 78466 -6397
Tract 3
R -2 Zoning
STATE OF TEXAS §
COUNTY OF NUECES
November 22, 2006
06100- M &B3.doc
Description of a 3.50 acre tract of land, more or less, a portion of the A.M. French 237 Acre Tract out of Survey
417, Abstract 571, Nueces County, Texas, said 3.50 acre tract as further described by metes and bounds as follows;
BEGINNING at the point of intersection of the west right -of -way line of Robby Drive and the north right -of -way
line of Kingsbury Drive, said beginning point for the southeast corner of the tract herein described;
Thence along said north right -of -way line of Kingsbury Drive S89 °57'34 "W 502.34' to the point of curvature of a
circular curve to the right having a central angle of 90 °07'28 ", a radius of 10.00' and a chord bearing N44 °58'42" W,
a distance of 14.16';
Thence along the arc of said circular curve to the right a distance of 15.73' to the point of tangency, said point of
tangency being in the east right -of -way line of McKenzie Road;
Thence along said east right -of -way line of McKenzie Road N00 °05'02 "E 67.71' to a point for interior
southwesterly corner of the tract herein described;
Thence along the easterly right -of -way line of McKenzie Road NI 1 °30'11 "W 288.84' to a point for the northwest
corner of the tract herein described;
Thence S76 °00'00 "E 587.29' to a point in said west right -of -way line of Robby Drive for the northeast corner of the
tract herein described:.
Thence S00 °00'00 "W 218.33' along said west right -of -way line of Robby Drive to the point of BEGINNING, a
sketch showing said 3.50 acre tract being attached hereto as Exhibit "D ".
Exhibit "C"
Sheet 1 of 1
Nixon M. Welsh, R.P.L.S.
I2oar02_
A
U
N
14B° WIDE CITY
144�
ORA P.831-834, D CHRISTI ,
PORTION OF THE A. M.
FRENCH 237 AC TRACT
OUT OF SUR. 417, ABS.
571, NUECES CO., TX,
zo
N
N0' 05' 02' E
N
(U
N0' 05' 02' E
00'
TRACT 3, R -2 ZONING,
PORTION OF THE A. M.
FRENCH 237 AC TRACT
OUT OF SUR. 417, ABS.
571, NUECES CO., TX,
3.50 AC.
S89' 57' 34' W 502. 34' K I NGSBURY DR.
N89' 57' 34' E 502. 47' ( 60' ROW)
189.49'
TRACT 1, 8 -1 ZONING,
PORTION OF THE A. M.
FRENCH 237 AC TRACT
OUT OF SUR. 417, ABS.
571, NUECES CO., TX,
1 08 AC.
200. 00'
SOO. 02' 26' E 234.
312. 98'
TRACT 2, R -2 ZONING,
PORTION OF THE A. M.
FRENCH 237 AC TRACT
OUT OF SUR. 417, ABS.
571, NUECES CO., TX,
1.67 AC.
312. 85'
(U
0
cu
0
0
0
0
0
25'
1=89.'52' 32'
R =10. 00'
T =9. 98'
L =15. 69'
C8=N45' 01' 18' E
CH =14. 13'
1 1 =90' 07' 28'
R =10. OD'
T =10. 02'
L =15. 73'
CB=MM4' 58' 42' Si
CH=14. 16'
S89' 09' 47' W 512, 85'
LOT 1
BLK 1,
RAND HORGAN VILLAGE
V. 50, P. 165, M. R.
LOT 3
EXHIBIT 'D'
SKETCH TO ACCOMPANY
METES AND BOUNDS DESCRIPTIONS
1' = 100'
BASS ANO WELSH ENGINEERING
CORPUS CHRISTI, TX
COMP. NO. EX8- ZONING
JOB NO. 08100
SCALE: r - 100'
PLOT SCALE: SM(E
PLOT DATE: 11 -21 -06
SHEET 1 OF 1
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 1/23/2007
AGENDA ITEM:
A An Ordinance amending the Code of Ordinances Chapter 53, Traffic, by establishing an
automated red light enforcement program; providing for severance, providing for publication, and
providing for penalties.
B Presentation on selected contractor for Red Light Photo Enforcement Contract.
ISSUE:
Because of the problem with vehicles proceeding into an intersection when the traffic signal for that vehicle's
direction of travel is emitting a steady red signal, the CCPD believes an ordinance is necessary to by and change
driver behavior by monitoring select intersections with cameras and issuing notices of violation to those
individuals who violate the ordinance.
REQUIRED COUNCIL ACTION: Council Approval.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the ordinance
Bryan P. Smith
Police Chief
Attachments:
Ordinance
H'. .LEG- DIRUosephW6- PoliceAdv \Ords and Resols- '06\Agenda Item - RedLight.doc
BACKGROUND INFORMATION
Drivers and pedestrians are put at risk in the City of Corpus Christi due to certain vehicles
proceeding into an intersection when the traffic control signal for that vehicle's direction
of travel is emitting a steady red signal. These vehicles also cause problems by decreasing
the efficiency of traffic control and traffic flow efforts, and by increasing the number of
serious accidents to which public safety agencies must respond at the expense of the
taxpayers
The City wants to change the aggressive behavior of the drivers of these problem vehicles by
enacting an ordinance to monitor select intersections with automated red -light enforcement
cameras. Traditional enforcement measures alone do not work as efficiently or as safely. In cities
across the country where the program has been operational, there is an average 40% reduction in
the number of accidents.
The civil penalty for a first time violation would be $75. On the third and subsequent violation in
a 12 month period, the civil penalty amount increases to $150.
Other Texas cities already have active red light camera programs, including Dallas, Houston, El
Paso, Plano, Denton, Garland, Arlington, and Richardson. Many other cities, including San
Antonio, Irving, Laredo, and Austin are planning to establish programs in the near future.
H? .LEG- IJIRJoseph106- PoliceAdv \Ords and Resols- '06Agenda Item- RedLight.doc
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53,
TRAFFIC, BY ESTABLISHING AN AUTOMATED RED LIGHT
ENFORCEMENT PROGRAM; PROVIDING FOR SEVERANCE,
PROVIDING FOR PUBLICATION, AND PROVIDING FOR
PENALTIES.
WHEREAS, drivers and pedestrians are put at risk in the City of Corpus Christi
due to certain vehicles proceeding into an intersection when the traffic control
signal for that vehicle is emitting a steady red; and
WHEREAS, these vehicles also cause problems by decreasing the efficiency of traffic
control and traffic flow efforts, and by increasing the number of serious accidents to
which public safety agencies must respond at the expense of the taxpayers; and
WHEREAS, the City of Corpus Christi wants to change the aggressive behavior of these
vehicles' drivers by enacting an ordinance to monitor select intersections with automated
red -light enforcement cameras
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That Chapter 53, Traffic is amended by adding Article X, Automated Red
Light Enforcement, to read as follows:
ARTICLE X. AUTOMATED RED LIGHT ENFORCEMENT
Sec. 53-267. Definitions.
In this article:
"Department" means the Police Department of the City of Corpus Christi. Texas,
(b) "Intersection" means the place or area where two (2) or more streets intersect.
(c) "Owner" means the owner of a motor vehicle as shown on the motor vehicle
registration records of the Texas Department of Transportation or the analogous
department or agency of another state or country. The term "owner" includes (i) a lessee
of a motor vehicle under a lease of 6 months or more or (ii) the lessee of a motor vehicle
rented or leased from a motor vehicle rental or leasing company. but does not include the
motor vehicle rental or leasing company itself
(d) "Photographic traffic monitoring system" means a system that:
(1) consists of a camera and vehicle sensor installed to work in conjunction
with an electrically operated traffic control signal; and
(2) is capable of producing at least two recorded images that depict the license
plate attached to the rear of a motor vehicle that is not operated in compliance
with the instructions of the traffic control signal.
(e) "Recorded image" means an image recorded by a photographic traffic monitoring
system that depicts the rear of a motor vehicle and is automatically recorded on a
photograph or digital image.
(f) "System location" means the approach to an intersection toward which a
photographic traffic monitoring system is directed and in operation.
(g) "Traffic control signal" means a traffic control device that displays alternating red,
an>ber and green lights that directs traffic when to stop at or proceed through an
intersection.
Sec. 53 -268. Imposition of civil uenalty for creating daimons intersections.
(a) The city council finds and determines that a vehicle that proceeds into an intersection
when the traffic control signal for that vehicle's direction of travel is emitting a steady red
signal damages the public by endangering motor vehicle operators and pedestrians alike,
by decreasing the efficiency of traffic control and traffic flow efforts, and by increasing
the number of serious accidents to which public safety agencies must respond at the
expense of the taxpayers.
(b) Except as provided in subsection (c) of this section, the owner of a motor vehicle is
liable for a civil penalty of $75.00 if the motor vehicle proceeds into an intersection at a
system location when the traffic control signal for that motor vehicle's direction of travel
is emitting a steady red signal.
(c) For a third or subsequent violation of this article committed by the owner of the
same motor vehicle during any 12 -month period, the amount of the civil penalty shall be
$150.00.
Sec. 53-269. Enforcement; procedures.
(a) In order to impose a civil penalty under this article, the Department shall mail a
notice of violation to the owner of the motor vehicle liable for the civil penalty not later
thaw the 30th day after the date the violation is alleged to have occurred to:
(1) the owner's address as shown on the registration records of the Texas
Department of Transportation; or
2
(2) if the vehicle is registered in another state or country, the owner's address as
shown on the motor vehicle registration records of the department or agency of
the other state or country analogous to the Texas Department of Transportation,
(b) A notice of violation issued under this article shall contain the following:
(1) a description of the violation alleged.
(2) the location of the intersection where the violation occurred;
(3) the date and time of the violation;
(4) the name and address of the owner of the vehicle involved in the violation;
(5) the registration number displayed on the license plate of the vehicle
involved in the violation;
(6) a copy of a recorded image of the vehicle involved in the violation that
depicts the registration number displayed on the license plate of that vehicle;
(7) the amount of the civil penalty to be imposed for the violation;
(8) the date by which the civil penalty must be paid;
(9) a statement that a recorded image is evidence in a proceeding for the
imposition of a civil penalty;
(10) information that informs the person named in the notice of violation:
a of the person's right to contest the imposition of the civil penalty
against the person in an administrative adjudication;
b. of the manner and time in which imposition of the civil penalty may
be contested;
c. that failure to pay the civil penalty or to contest liability in a timely
manner is an admission of liability and that failure to appear at an
administrative adjudication hearing after having requested a hearing is an
admission of liability;
d. that failure to pay the civil penalty within the time allowed shall
result in the imposition of a late- payment fee of $25.00; and
(11) a statement that, if at the time and place of the violation the vehicle was
being operated by a person other than the owner. if the owner is a natural person,
the owner may transfer liability for the violation to the person who was operating
3
the vehicle at that time and place if the owner submits to the City by affidavit, on
a form provided by the City. or under oath at an administrative adjudication
hearing the name and current address of the person:
a. operating the vehicle at the time and place of the violation;
b. who was the lessee of the vehicle at the time of the violation. if the
vehicle was rented or leased from a person in the business of renting or
leasing motor vehicles at that time or
c. who was the subsequent owner of the motor vehicle. if ownership of
the vehicle was transferred by the owner before the time of the violation.
(c) A notice of violation under this article is presumed to have been received on the
fifth day after the date the notice of violation is mailed.
(d) In lieu of issuing a notice of violation. the Department may mail a warning notice
tolhe owner that. in addition to any other information contained in the warning notice,
must contain the information required by subsection (b).
S. 53 -270. Adnniniatrative adjudication hearing.
(a) A person who receives a notice of violation under this article may contest the
imposition of the civil penalty by requesting in writing an administrative adjudication of
the civil penalty within the time provided in the notice (which period shall not be less
than 15 days following the mailing of the notice. Upon receipt of the request. the
Department shall notify the person of the date and time of the hearing on the
administrative adjudication. The administrative adjudication hearing shall be held before
a hearing officer appointed by the City Manager.
(b) Failure to pay a civil penalty or to contest liability in a timely manner is an
admission of liability in the full amount of the civil penalty assessed in the notice of
violation and constitutes a waiver of the right to appeal under Sec. 53- 270(k).
(c) Failure to appear at an administrative adjudication hearin&after having requested a
hearing in an admission of liability for the full amount of the civil penalty assessed in the
notice of violation and constitutes a waiver of the right to appeal under Sec. 53- 270(k).
(d) A person who fails to pay a civil penalty within the time allowed by this article
shall be additionally liable for a late - payment penalty in the amount of $25.00.
(e) The civil penalty shall not be assessed if:
1. After a hearing. the hearing officer enters a finding of no liability; or
4
2. Within the time prescribed in the notice of violation, the person against
whom the civil penalty is to be assessed submits the proof described in Sec. 53-
269(b)(11).
(f) A person who is found liable after an administrative adjudication hearing or who
requests an administrative adjudication hearing and thereafter fails to appear at the time
and place of the hearing is liable for administrative hearing costs in the amount of $50.00
in addition to the amount of the civil penalty assessed for the violation. A person who is
found liable for a civil penalty after an administrative adjudication hearing shall pay the
civil penalty and costs within 10 days of the hearing.
(g)___ In an administrative adjudication hearing, the issues must be proved at the hearing
by a preponderance of the evidence. The reliability of the photographic traffic - control
signal monitoring system used to produce the recorded image of the violation may be
attested to in an administrative adjudication hearing by affidavit of an officer or
employee of the City or the entity with which the City contracts to install or operate the
system and who is responsible for inspecting and maintaining the system. An affidavit of
an officer or employee of the City that alleges a violation based on an inspection of the
pertinent recorded image, is admissible in a proceeding under this article. is evidence of
the facts contained in the affidavit, and is prima facie evidence of the violation alleged in
the notice of violation.
(h) It shall be an affirmative defense to liability under this article, to be proven by a
preponderance of the evidence, that.
(1) the traffic - control signal was not in proper position and sufficiently legible
to an ordinarily observant person;
(2) the operator of the motor vehicle was acting in compliance with the lawful
order or direction of a police officer;
(3) the operator of the motor vehicle violated the instructions of the traffic -
control signal so as to yield the right -of -way to an immediately approaching
authorized emergency vehicle;
(4) the motor vehicle was being operated as an authorized emergency vehicle
under Chapter 546 of the Texas Transportation Code and that the operator was
acting in compliance with that chapter;
(5) the motor vehicle was a stolen vehicle and being operated by a person other
than the owner of the vehicle without the effective consent of the owner;
(6) the license plate depicted in the recorded image of the violation was a stolen
plate and being displayed on a motor vehicle other than the motor vehicle for
which the plate had been issued; or
5
(7) if the owner of the vehicle is a natural person, the vehicle was being
operated by a person other than the owner of the vehicle.
(8) the presence of ice, snow, unusual amounts of rain or other unusually
hazardous road conditions existed that would make compliance with this article
more dangerous under the circumstances than non - compliance.
(i0 To demonstrate that at the time of the violation the motor vehicle was a stolen
vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner
must submit proof acceptable to the hearing officer that the theft of the vehicle or license
plate had been timely reported to the appropriate law enforcement agency.
(j) Notwithstanding anything in this article to the contrary, a person who fails to pay
the amount of a civil penalty or to contest liability in a timely manner is entitled to an
administrative adjudication hearing on the violation if:
(1) the person files an affidavit with the hearing officer stating the date on
which the person received the notice of violation that was mailed to the person;
and
(2) within the same period required by Sec. 53- 269(c)(10)b. for a hearing to be
timely requested but measured from the date the mailed notice was received as
stated in the affidavit filed under Subdivision (1), the person requests an
administrative adjudication hearing.
14 A person who is found liable after an administrative adjudication hearing may
aweal that finding of liability to the Appellate Officer designated by the City Council
"Appellate Officer" by filing a notice of appeal with the Appellate Officer. The notice of
appeal nmst be filed not later than the 31st day after the date on which the administrative
ad$idication hearing officer entered the finding of liability and shall be accompanied by
the payment of an appellate filing fee of $50.00. Unless the person, on or before the
filing of the notice of appeal, posts a bond in the amount of the civil penalty and any late
fees, an appeal does not stay the enforcement of the civil penalty. An appeal shall be
determined by the Appellate Officer by trial de novo. The affidavits submitted under
Sec. 53- 270(g) shall be admitted by the Appellate Officer in the trial de novo, and the
issues must be proved by a preponderance of the evidence.
Sea. 53 -271. Effect of liability: exclusion of civil remedy: enforcement.
(a) Tie imposition of civil penalty under this chapter is not a conviction and may not
be considered a conviction for any purpose.
(b) The Department may not impose a civil penalty under this article on the owner of a
motor vehicle if the operator of the vehicle was arrested or was issued a citation and
notice to appear by a peace officer for a violation of Section 544.007(d) of the Texas
Transportation Code recorded by the traffic - control signal monitoring system.
6
(c) The City Attorney is authorized to file suit to enforce collection of a civil penalty
assessed under this article.
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 hereof be given full 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 Christi.
SECTION 4. Penalties are as provided in this Chapter.
7
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of 2007, by the following vote:
Henry Garrett Rex A. Kinnison
Brent Chesney John E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2007, by the following vote:
Henry Garrett Rex A. Kinnison
Brent Chesney John E. Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
PASSED AND APPROVED, this the day of , 2007.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form J
By:
Joseph *army
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
2007;
8
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17
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 1/23/2007
AGENDA ITEM:
An Ordinance amending the Code of Ordinances Chapter 33, Offenses and miscellaneous
provisions by prohibiting certain activity known as grinding on City property; providing for
severance, providing for publication, providing for penalties, and declaring an emergency.
ISSUE:
Because of the problem with destruction of City property by skateboard, rollerblade, and bicycle "grinding" in
areas such as the seawall, the CCPD believes an ordinance is necessary to prohibit the act of grinding on City
property and effectively control the behavior of those doing the damage.
REQUIRED COUNCIL ACTION: Council Approval.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the ordinance.
Bryan P. Smith
Police Chief
Attachments:
Ordinance
-1 DOCUME- 1 W329\LOCALS-- 1 \Temp\Agenda Item- Anti- Orind.doc
BACKGROUND INFORMATION
City property is being damaged at an alarming rate by individuals engaged in the act of "grinding ",
which is defined as using a part of a skateboard, rollerblade, or bicycle, other than the wheel, to
slide on an object such as a rail or bench
Currently, preventing this damage through enforcement by the City includes filing a charge of
criminal mischief for destruction of property. However prosecuting this offense is problematic
because the State has to prove the specific damage that was done. Since the property has a
tremendous amount of existing damage on it already, distinguishing the damaged alleged in the
charge is difficult to achieve.
Prohibiting the act itself will be a more effective enforcement tool to prevent the destruction
caused by grinding. The CCPD also believes this is a better alternative than what many cities are
doing with an outright ban of all skateboards, rollerblades, and bikes in a particular area, such as
the seawall. There is a built in exemption for the activity in areas specifically designated for it,
such as the skate park. The Park and Recreation Department likewise agrees on this being the
appropriate solution,
The fine amount for a citation would be the standard penalty for an ordinance violation, which is
up to $500.
H `. LEG -DIRUosaph\06- PoliceAdv\Ords and Resols- '06\Agenda Item -An i- Grind.doc
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 33,
OFFENSES AND MISCELLANEOUS PROVISIONS BY
PROHIBITING CERTAIN ACTIVITY KNOWN AS GRINDING ON
CITY PROPERTY; PROVIDING FOR SEVERANCE, PROVIDING
FOR PUBLICATION, PROVIDING FOR PENALTIES, AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Chapter 33, Offenses and miscellaneous provisions is
amended by adding Section 33 -14, Grinding prohibited, to read as follows:
Sec. 33-14 Grinding prohibited.
(a ) Griridinq is defined as using the deck. peg. axle or any surface that is not the
wheel of any type of Skating device or bicycle to rub or slide along the surface of
a step,iench, ledge. rail. or other structure.
f b) Except in areas specifically designated for these purposes. such as a skate
perk, no person shall use inline skates, roller skates. skateboard. free style
bicycle qr similar device for grinding or in any other manner that may cause
damage to the seawaii, city streets, sidewalks, or other city property.
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 hereof
be given full 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 Christi.
SECTIM 4. Penalties are as provided in Section 1-6.
SECTION 5. 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 on January 23rd, 2007.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Approved as to legal form JkK /2 2007
By:
Jo Harney
Assistant City Attorney
For City Attomey
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
meeting of the City Council
Respectfully: Respectfully,
Council Members
Henry Garrett
Mayor, City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
Bill Kelly
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 1/23/2007
AGENDA ITEM:
A resolution supporting and endorsing the Corpus Christi Police Department in its
efforts to become a nationally accredited law enforcement agency.
ISSUE:
The Corpus Christi Police Department is seeking the support and endorsement of the City Council as it
progresses through the CALEA accreditation process.
REQUIRED COUNCIL ACTION: Council Approval.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the resolution.
Bryan P. Smith
Police Chief
Attachments:
Resolution
C DOCUME -- 1\03291LOCAIS•- I \Temp\Agenda Item- CALEAdoc
BACKGROUND INFORMATION
The Commission on Accreditation for Law Enforcement Agencies, Inc., ( CALEA) was
created in 1979 as a credentialing authority through the joint efforts of law
enforcement's major executive associations
The purpose of CALEA's Accreditation Programs is to improve the delivery of public
safety services primarily by maintaining a body of standards developed by public safety
practitioners covering a wide range of up -to -date public safety initiatives; establishing
and administering an accreditation process; and recognizing professional excellence.
The Corpus Christi Police Department (CCPD) has commenced the process of
accreditation by CALEA. The entire accreditation procedure could last up to two years
but the benefits of accreditation will be innumerable and will put the CCPD in the
forefront of law enforcement agencies.
C iDOCUME 1103291LOCALS- 1\Temp\Agenda Item- CALEA.doc
RESOLUTION
SUPPORTING AND ENDORSING THE CORPUS CHRISTI
POLICE DEPARTMENT IN ITS EFFORTS TO BECOME A
NATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY.
WHEREAS, Law enforcement accreditation requires an in -depth review of every
aspect of the agency's organization, management, operations, and
administration; and
WHEREAS, Accreditation provides recognition that the agency's managerial and
operations, policies, and procedures are in accord with a body of professional
standards and that the agency has made a concerted effort to attain professional
status; and,
WHEREAS, Accreditation provides assurance that the law enforcement agency
is delivering a high level of service to the citizens in an effective manner; and,
WHEREAS, Accreditation enhances community understanding of the law
enforcement agency's roles, as well as its goals and objectives; and,
WHEREAS, Accreditation provides assurance to the community that its police
department carries out its mandate in an open and sensitive manner; and,
WHEREAS, Accreditation assures personnel that every aspect of the agency's
personnel system is in accord with professional standards and that it is both fair
and equitable; and;
WHEREAS, Accreditation enhances the morale of the agency by increasing the
confidence in the effectiveness and efficiency of their own agency; and
WHEREAS, Accreditation reduces the likelihood of vicarious liability lawsuits;
and,
WHEREAS, Accreditation provides a means of an independent evaluation of
agency operations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council is in support of and does endorse the Corpus
Christi Police Department in its efforts to become a nationally accredited law
enforcement agency.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED:
By
j4rAv4,-if- t
Joseph Harney
Assistant City Attorney
For City Attorney
2007.
Henry Garrett
Mayor
Corpus Christi, Texas
of , 2007
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
19
CITY COUNCIL
AGENDA MEMORANDUM
DATE: January 23, 2007
AGENDA ITEM: Ordinance amending the Code of Ordinances, City Of Corpus Christi,
Chapter 49, Streets & Sidewalks, and Chapter 2, Administration, by authorizing the City
Manager to execute standard form revocable Use Privilege Agreements or Licenses for
Pipelines, Monitoring /Recovery Well, or Cable and Conduit containing Cable Installation,
and other Structures or Facilities within city rights -of -way, and on city -owned property;
setting use and application fees; providing for severance; providing for publication; and
providing for an effective date
ISSUE: Amending City Code Section 49, to establish requirements used to
administratively execute standard form revocable use privilege agreements or licenses, to
establish application fees and fixed amounts to be charged users of city rights -of -way or
other city owned property for the privilege of private use and establishing fees for such use.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to amend the
Code of Ordinances.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Debbie Marroquin, P.E.
Interim Director of evelopment Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Use Privilege Agreement Fees Matrix
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Agreement
City staff processes an average of 6 or 7 Use Privilege Agreements each year. A total of six (6)
were processed for 2006. The purpose of the proposed amendment to the Code of Ordinances,
City of Corpus Christi, Chapter 49, Streets & Sidewalks, and Chapter 2, Administration is to
establish an application fee to cover existing cost consistent with similar City application fees and to
streamline the process by allowing the City Manager, or designate to execute revocable
monitoring /recovery well permit agreements, revocable use privilege agreements or revocable
licenses (Use Privilege Agreements),
Currently there is no Application Fee for a Use Privilege Agreement. This ordinance amendment will
establish a fee consistent with the application fee currently being charged for abandonment of
easements, alleys and streets. Several Texas cities were contacted for existing application fees
including: McAllen -$550, Brownsville -$850; Laredo -$500, and Waco -$100.
This amendment updates the use fees for private use of City owned property and rights -of -way. In
2005, City Council approved an increase in the fee structure for those pipelines (public utilities)
licensed by the City. Those public utility pipelines defined under Texas Tax Code Sect. 182.025 (e.)
(3) (A) pay an annual rate fee for use of City owned properties and rights -of -way, and those that are
not pay a cost per linear foot, City Code Sec. 49 -61 (d). The increase in the Use Fee proposed in
this amendment for uses measured in linear feet such as fiber optic cable or force mains is equal to
the charges, in City Code Sec. 49 -61 (d)
In those instances in which the use of City property or rights -of -way are generally measured in
square feet, e.g., canopies, ramps, decks, etc., it is proposed that the existing fees based on
percentages of area used be changed to 50% of the fair market value of the property. The fair
market value will be determined by the value of the adjacent property per Nueces County Appraisal
District's value at the time the use is approved. See EXHIBIT C for a Summary of Current and
Proposed Fees
The proposed amendment will reduce the time required to process an application for a Use Privilege
Agreement, by authorizing the City Manager or his assignees to execute revocable Use Privilege
Agreements.
The proposed amendment was presented to and discussed with the Development Services
Advisory Group (DSAG) and the DSAG Plat Subcommittee on November 8, 2006, and
recommended for approval on December 13, 2006.
EXHIBIT A
Page 1 of 5
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 49, STREETS & SIDEWALKS, AND CHAPTER 2,
ADMINISTRATION, BY AUTHORIZING THE CITY MANAGER TO
EXECUTE STANDARD FORM REVOCABLE USE PRIVILEGE
AGREEMENTS OR LICENSES FOR PIPELINES,
MONITORING /RECOVERY WELL, OR CABLE AND CONDUIT
CONTAINING CABLE INSTALLATION, AND OTHER STRUCTURES OR
FACILITIES WITHIN CITY RIGHTS -OF -WAY AND ON CITY -OWNED
PROPERTY; SETTING USE AND APPLICATION FEES; PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR
AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That section 49- 60(a), (d), (f), (g), and (h), Establishment of policy;
definitions, of the Code of Ordinances is revised to read as follows:
Sec. 49 -60. Establishment of policy; definitions.
(a) The following is the established policy to be used by the city to establish and fix
amounts to be charged users of city rights -of -way and city -owned property for the
privilege of constructing, installing maintaining, and operating pipelines, to carry any
substance or solid, liquid, or gaseous material, cable or conduit containing cable, to
transmit data, communications, or electricity, or any other structure or facility within the
city rights -of -way, or city -owned property, or to allow the continuance of an
encroachment by a structure within city -owned property, and establishes a rate from
which a fee is to be computed and paid to the city for this use.
d) For the purposes of this article the following terms shall have the meanings
prescribed in article VII of this chapter: "pipe," "pipeline," "abandoned," "city rights -of-
way," -city -owned property " and "effective date" and-` irectef."
(f) The fees in this article are found by the city council to constitute fair and reasonable
compensation for the unauthorized occupation of the city rights -of -way or city -owned
property by unauthorized pipelines, by cable, by conduit containing cable, by other
structures and facilities, and-by monitoring and recovery wells, and by encroaching
structures.
H. LegDir /gws/agenda /2007'01 -2 3/U ° A
Page 2 of 5
(g) Except for the charge assessed in subsection 49 -61(b) and the charge for city -
owned property assessed in section 49 -61, this section and section 49 -61 do not apply
to pipelines for which application for a license is made in accordance with section 49 -93
by July 1 2005, and ultimately issued.
SECTION 2. That section 49 -61(k) and (I) "Fees for use of public ways" be added to
the Code of Ordinances to read as follows:
Sec. 49 -61. Fees for use of public ways .
(k) A fee for a use privilege agreement for a linear installation, such as a cables
conc*iit containing cable, or similar installation, not including an unauthorized
pipeline, shall be calculated in accordance with subsection (d) above.
(I) A fee for a use privilege agreement not calculated or determined above shall
be dsterrWned as follows: for an underground encroachment (landscaping,
fencilnq, structural concrete slab, etc. but specifically excluding irrigation
systems for abutting property and driveway approaches); for an aerial overhang
(canopies, building overhands, balconies, etc.); and for an on- ground
encroachment (ramps, private lighting, stairs, decks, etc.); all shall be calculated
by oqe -half of the fair market value of the property, determined by the value of the
unimproved property.
SECTION 3. That section 49 -63 "Application fee," be added to Chapter 49, Streets &
Sidewalks, of the Code of Ordinances to read as follows:
Sec. 49-63. Application fee.
The application fee for a use privilege agreement or license or monitoring /recovery
well shall be $500.00.
SECTION 4. That section 49 -65. Easement/permit Application, of Chapter 49, Streets
& Sidewalks, of the Code of Ordinances is revised to read as follows:
Sec. 49 -65. Easement/Permit -- Application.
An application to construct; or lay, a pipeline, cable, conduit, or other
facility or structure, rework, revamp, wrap or otherwise lower or replace an existing lints
pipeline, cable, conduit, or other facility or structure, or install a monitoring or recovery
well, wells or otherwise encroach in a right -of -way or onto city -owned property shall be
submitted to the director of development services in a form
prescribed by the department of development services. Each
H LegDirigws/agendai2007!C 1 -23 UP,
Page 3 of 5
application shall be accompanied by the application fee and nine (9) sets of plans
showing the dimensions, plan, profile, surveyed alignment in relation to right -of -way
lines, legal description of adjoining property and locations map of the pipelines, cable,
conduit, other facility or structure, and wells within the subject public right -of -way or
easement, as well as all proposed lift stations, pumps or other service structures related
to slosh -the pipeline, cable, conduit. other facility or structure, or well, or the encroaching
structure, and all existing city -owned improvements and utilities. The director of
development services or his authorized representative shall review said application and
plans, determine whether sus# -the planned lines and structures can be worked without
injury. hazard or impediment to existing lines and structures, or other proposed
construction, and if so calculate the total charge therefore in accordance with the terms
of this article. Within fifteen (15) days after date of filing of said application and plans,
the director or his duly authorized representative shall send notice to the applicant, at
the applicant's address as shown on the application, of action taken and the total
charge due. If the application is rejected, written reasons shall be given.
SECTION 5. That section 49 -66. Same - Granting, of Chapter 49, Streets & Sidewalks,
of the Code of Ordinances is revised to read as follows:
Sec. 49-66. Same -- Granting.
if the application is approved, and all fees fully paid, the city
manager shall execute and cause to be delivered to applicant at the application
address
, the city form
document, subject to revocation on 90 days' written notice by the city, as follows for the
installation or work covered by said applicant application: (1) revocable easement or
monitoring/recovery well permit agreement (90 days) or (2) revocable use privilege
agreement or revocable license (60 days).
SECTION 6. That section 2 -2.1 of Article I, In General, of Chapter 2, Administration, of
the Code of Ordinances is revised to read as follows:
Sec. 2 -3. Standard form document authority.
The city manager, the deputy city manager, assistant city managers, and their
designates shall have the authority to execute on behalf of the city standard form
documents, including but not limited to warranty deeds, special warranty deeds,
quitclaim deeds. releases of lien, farm leases (term of one year or less), rental
agreements (term of one year or less), revocable easements, revocable
monitoring/recovery well permit agreements, revocable use privilege agreements or
revocable licenses, oil and gas leases, right -of -way agreements and joint use
agreements for right-of-way or easements, under the following conditions:
LegDir /gws/agenda /2007'01 -23/U PA
Page 4 of 5
(a) That execution of the document is necessary to (1) carry out a public works
project; 12) implement a program to utilize, maintain or improve any city facility,
street, right -of -way, easement, park or other city property; or (3) implement any
other city policy, provided that, such-the project, program or policy has been
approved by the City Council
(b) That all blanks are filled in on any document correctly and consistent with
the objectives approved by the City Council.
(c) That the form of every document shall be approved by the City Attorney as
provided by the City Charter
SECTION 7. 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 8. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 9. This ordinance takes effect upon and after publication of this ordinance.
LegDir /gws/agenda /2007 01- 23 1UP1-:.
Page 5 of 5
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2007 by the following vote:
Henry Garrett, Mayor
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
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 , 2007, by the following vote:
Henry Garrett , Mayor
Brent Chesney
Melody Cooper
.Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the day of , 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa. City Secretary Henry Garrett, Mayor
Approved: January 18, 2007
Bv:
G W. Smith
Assistant City Attorney
For City Attorney
H: LegDir /gws /agenda /200 7'01 -23/U PA
Use Privilege Agreement (UPA) Fees
A • • licatbn Fee (1)
Fiber Optic Cable or Force Mains
Current UPA Fee
Proposed UPA
Fee
One Time Non- Refundable Fee
$0.00
$500.00
Use Fee Depending on the use, method A or B will be used:
A. Linear Foot Method (2)
One Time fee for cables, conduits, force mains, or pipelines, and other
uses measured in linear feet (If):
Current UPA Fee
(4)
Proposed UPA
Fee
Pipeline 6" and under in diameter (exc street crossings) per If
$1.00
$2.50
- Every additional inch over 6" in diameter
$0.10
$0.10
Single Road Crossing fees for Pipeline under 6" in diameter
$150.00
$550.00
Multiple Road Crossing fees for Pipeline under 6" in diameter
$250.00
Every additional inch over 6" in diameter for each street crossing
$15.00
$10.00
OR
B. Square Foot Method l3)
One Time Fee for use of City right -of -way, and city -owned property for the
encroachment by a structure over or into such right -of -way, or property
measured in square feet (sf).
Current UPA Fee
Proposed UPA
Fee
Underground - (landscaping, irrigation systems, fencing, concrete
slabs etc.)
15 -25% per /sf of
adjacent property
value.
One -half of the fair
market value of
the property,
determined by the
value of the
adjacent property.
Aerial Overhang - (canopies, building overhangs, balconies, etc.)
_
25 -35% per /sf of
adjacent property
value.
On ground - (ramps. private lighting, stairs, decks etc.)
_
20 -30% per /sf of
adjacent property
value.
t.1 The proposed Application Fee of $500 is consistent with those being charged currently for easement, alley and
street closures
(2) The proposed Linear Foot Fees are the same as those approved previously by City Council for unlicensed
pipelines
(3) Appraisal District values are used to determine the fair market value of adjacent property.
(4) Fees in City Code Section 49 -61, prior to adoption of Ordinance 026217, adopted 4- 12 -05.
EXHIBIT C
20
AGENDA MEMORANDUM
City Council Action Date: January 23, 2007
SUBJECT: Broadway Wastewater Treatment Plant
Basin Service Area Sewer Line Rehabilitation (Project No. 7343)
AGENDA ITEM:
A Ordinance appropriating $1,150,483.18 from the unappropriated interest earnings
from Wastewater 1995A CIP Fund (SRF) and appropriating $274,851.32 from the
unappropriated interest earnings from Wastewater 1999A CIP Fund (SRF) for the
Broadway Wastewater Treatment Plant Basin Service Area Sewer Line
Rehabilitation; amending Capital Budget FY 06 -07 adopted by Ordinance No.
026997 by increasing appropriations by $1,425,334.50; and declaring an
emergency.
B Motion authorizing the City Manager, or his designee, to award a construction
contract in the amount of $2,797,000 with Reynolds Inliner, LLC of Orleans, Indiana
for the Broadway Wastewater Treatment Plant Basin Service Area Sewer Line
Rehabilitation.
ISSUE: The wastewater collection system in the Broadway Wastewater Treatment Plant
service area is the oldest in the city. Many sections were constructed over 50 years ago,
and have exceeded their designed service life. This is evidenced by various customer
service issues including line blockages and lack of system capacity during rain events
because of excessive rain water inflow and infiltration into the wastewater collection
system. The proposed project addresses a Tong -term solution by rehabilitating various
wastewater lines and manholes within this service area to reduce rainwater inflows and
infiltration, improve service to the City's customers, and restore the viability of these
wastewater collection system infrastructure components. In addition, during the bid phase,
high priority work from the Laguna Madre Basin was added to this project, which is now
ready to begin construction and requires City Council approval.
FUNDING: Funds for this project are available in the FY 2007 Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the items as presented.
Foster Crov Il
1/107
Angel R ' Escobar, P. E.
Director of Wastewater Services Director of Engineering Services
Addi4onal Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit 'C" Tabulation of Bids
Exhibit "D" Location Map
N 1NOMEFtschellekGEMWastewater'\ -343- Broadway Sewer Li, e,Constnu tion\AGENDA MEMO doc
BACKGROUND INFORMATION
SUBJECT: Broadway Wastewater Treatment Plant
Basin Service Area Sewer Line Rehabilitation (Project No. 7343)
PROJECT BACKGROUND: The Broadway Basin is located in the northeast section of the
City of Corpus Christi, Texas. The basin is divided into 10 sub - basins 201 through 210. In
May 1998, the sub - basins were evaluated to determine which were experiencing high
rainfall- dependent infiltration and inflow. The results of this study can be found in the
report titled City of Corpus Christi, Broadway Drainage Basin, Technical Report, prepared
by Urban Engineering in association with Byrd /Forbes. The 10 sub - basins were ranked
from highest to lowest infiltration and inflow as follows, 201/202, 209, 204, 205, 210, 208,
207. 203 and 206. In June 2000. Byrd /Forbes and Urban Engineering completed a
Sanitary Sewer Evaluation Study (SSES) of the three sub - basins with the highest inflow
and infiltration: 201, 202 and 209. This report identified Priority I and II sewer lines and
manholes in the Broadway Basin that were in need of repair. In 2003/2004, the Priority
lines and select Priority I and II manholes identified in the 2000 SSES were rehabilitated
using cured -in -place (CIPP) and fiberglass manhole inserts. In 2004 selected Priority II
sewer lines from the 2000 SSES were cleaned and internally inspected by Urban
Engineering to establish a repair strategy. Based on the results of this CCTV inspection, a
project to rehabilitate selected Priority II sewer lines is now being undertaken. This
rehabilitation project will re- establish the integrity of existing sewers and manholes and
reduce inflow and infiltration within the service area.
PM/OCT DESCRIPTION: The sewer line segments are located at various points within
the Broadway WWTP service area, and will be rehabilitated using cured -in- place -pipe
(CIPP). The manholes associated with the sewer line segments will be rehabilitated using
a spray -on cementitious product and then coated with epoxy.
Sewer service laterals will be excavated and replaced from the main to the property line. A
cleanout will be installed at the property line. Point repairs will be made to correct
structural deficiencies in main line services and several new manholes will be constructed.
During the bid phase, high priority work from the Laguna Madre Basin was added to this
project. That work is based on information from an SSES carried out by Goldston
Engineering. The major project components are:
Broadway Basin
• Rehabilitate 12,080 LF of 8" to 21" VCP sanitary sewer pipe with CIPP
• Rehabilitate 44 existing manholes with spray -on cementitious and epoxy coating
• Install 2 new manholes
Laguna Madre
• 900 LF of 8" and 10" VCP sanitary sewer will be replaced by open cut
• Rehabilitate 3 existing manholes with spray -on cementitious and epoxy coating
1l�SEPS2IHOME VELMAPIGEN IWASTEWATFR173431AGENCA BACKGROUND
BID INFORMATION: Bids were received on November 15, 2006 with three (3) bidders
submitting a proposal. The bid proposal was set up as follows:
Base Bid
Area "A" — Broadway Basin
Area "B" — Broadway Basin
Area "D" — Broadway Basin
Area "L" — Laguna Madre Basin
Additive Alternate No. 1 — Includes the grinding and removal of sanitary sewer service
laterals that are protruding into the sewer pipe. The locations of the protruding
service laterals will be determined by the Engineer and may be located anywhere in
the City.
Additive / Deductive Alternate No. 2 — Includes the cleaning, video - recording and
rehabilitation of existing sanitary sewer laterals, and the video - recording of the
sanitary sewer laterals after rehabilitation.
Additive Alternate No. 3 — Includes point repairs to sanitary sewer pipe. The locations
of the sanitary sewer pipe will be in the vicinity of Highland Avenue and South Port
Avenue.
Deductive Alternate No. 1 — Includes the materials and equipment for restoring
structural integrity and eliminating infiltration and exfiltration in sewer manholes. The
manhole rehabilitation will be accomplished through the application of monolithic,
cement liner and high build epoxy coating system. The completed sewer manhole
rehabilitation system will be capable of withstanding HS -20 loading.
The estimated cost of construction is as follows:
Consultant's Estimate - Areas "A ", "B ", "D"
$1,811,340
City's Estimate - Area "L"
500,000
Total Estimated Cost of Construction
$2,311,340
The bids range as follows:
Base Bid
From
$2,797,000.00
To
$4,354,900.00
Additive Alternate No. 1
From
$26,250.00
To
$88,500.00
Additive /Deductive Alternate No. 2
From
$3,430.00
To
$160,785.00
Additive Alternate No. 3
From
$73,600.00
To
$361,440.00
Deductive Alternate No. 1
From
$(75,240)
To
$(244,800.00)
There are three (3) main bid items that contribute most to the difference between the low
bidder and the estimate
1 Replacement of the service laterals
2 Restoration of the pavement and base
3 Traffic Control
Hat+ SERS2IHOMEVELMARSGENIWASTEWAT != RV3431AGENUA BACKGROUND
After discussing the bids with the contractors, it was determined that high ground water
conditions, bypass pumping, work in street right -of -way, and length of the services resulted
in the contractor's cost being higher than the estimated cost to construct the service
laterals Mobilization of materials as well as higher material cost resulted in the
contractor's cost being higher than the estimated cost to restore the pavement and base.
The contractor's high cost to provide the traffic control is attributed to the number of times
that the contractor anticipated setting up and tearing down the traffic control. According to
the contractor, it could require up to four (4) traffic control set ups during construction of the
work: one set up for CCTV work, one set up for CIPP work, one set up for lateral work, and
one set up for the site restoration work.
It is the Consultant's opinion that re- bidding the project will not result in a reduction of the
total contract price unless the scope of work is reduced or the proposed construction
methodology of the service laterals is changed. The scope of work could be reduced or
construction methodology could be revised by change order, after the project is awarded to
the low bidder, Reynolds Inliner. LLC (See Exhibit "C" Tabulation of Bids.)
The City's Consultant, Urban Engineering, Inc., and City staff recommend that the
construction contract be awarded to Reynolds Inliner, LLC of Orleans, Indiana, in the
amount of $2,797,000 for the Base Bid for the Broadway Wastewater Treatment Plant
Basin Service Area Sewer Line Rehabilitation Project.
CONTRACT TERMS: The contract specifies that the Base Bid will be completed in 200
calendar days. Project completion is anticipated by the end of September 2007.
FUNDING: Funds for this project are available in the FY 2007 Capital Improvement
Budget
PRIOR COUNCIL ACTION:
1 January 20, 1998 — Motion authorizing the City Manager, or his designee, to
execute a Contract for Professional Services to Urban Engineering in the amount of
$743,783 for services related to the Infiltration /Inflow (1 /1) Collection System
Enhancement Program (Motion No. M98 -007).
2 October 12, 1999 — Motion authorizing the City Manager, or his designee, to
execute Amendment No. 2 to the Contract for Professional Services to Urban
Engineering in the amount of $205,260 for services related to the Infiltration /Inflow
(1 /I) Collection System Enhancement Program (Motion No. M99 -357).
July 17, 2001 — Motion authorizing the City Manager, or his designee, to execute
Amendment No. 3 to the Contract for Professional Services to Urban Engineering in
the amount of $238,400 for services related to the Infiltration /Inflow (1 /I) Collection
System Enhancement Program (Motion No. M2001 -263).
August 17, 2004 — Motion authorizing the City Manager, or his designee, to execute
Amendment No. 5 to the Contract for Professional Services to Urban Engineering in
the amount of $1,089,833.65 for services related to the Infiltration /Inflow (111)
Collection System Enhancement Program (Motion No. M2004 -308).
September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the
amount of $146,994,500 (Ordinance No. 026997).
H'. IUSERS2IHOME V ELMAP IGENSWASTEWATi_R17343\AGENCA BACKGROUND
PRIOR ADMINISTRATIVE ACTION:
1 September 10, 1999 - Award of Amendment No. 1 in the amount of $11,357.40 to
Urban Engineering for services related to the Infiltration /Inflow (I /1) Collection
System Enhancement Program.
2 December 31, 2001 - Award of Amendment No. 4 in the amount of $14,900 to
Urban Engineering for services related to the Infiltration /Inflow (I /1) Collection
System Enhancement Program.
3 December 1, 2004 - Award of Amendment No. 6 in the amount of $16,650 to Urban
Engineering for services related to the Infiltration /Inflow (1 /I) Collection System
Enhancement Program.
4 January 18, 2006 — Award of a Testing Agreement in the amount of $5,450 to
Kleinfelder for services related to the Infiltration /Inflow (1 /1) Collection System
Enhancement Program.
H 1USERSZHOME∎ VELMAPIGEMWASTEWAT (=RV343VAGENDA BAG(OROUND
BROADWAY WASTEWATER TREATMENT PLANT
BASIN SERVICE AREA SEWER LINE REHABILITATION
(PROJECT NO. 7343)
PROJECT BUDGET
January 16, 2007
FUNDS AVAILABLE:
Wastewater CIP.. $3,425,191.00
FUNDS REQUIRED:
Construction Contract (Reynolds Inliner, LLC) .... ........................... $2,797,000.00
Contingencies (10 %) 279,700.00
Consultant (Urban Engineering Inc ) 335,541.00
Engineering Reimbursements ......... ............. 2,500.00
Testing (Kleinfelder) 5,450.00
Miscellaneous (Printing, Advertising)..... .............. 5,000.00
Total $3,425,191.00
EXHIBIT "B"
Page 1 of 1
EXHIBIT "C"
Page 1 of 11
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EXHIBIT "C"
Page 3 of 11
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;CRPUS CHRISTI BAY
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NOT TO SCALE
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BROADWAY WASTEWATER TREATMENT
PLANT BASIN SERWCE AREA SEWER
LINE REHABILITATION
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1of1
DATE 01 -09 -2007
ORDINANCE
APPROPRIATING $1,150,483.18 FROM THE UNAPPROPRIATED
INTEREST EARNINGS FROM WASTEWATER 1995A CAPITAL
IMPROVEMENT PROGRAM FUND (SRF) AND APPROPRIATING
$274,851.32 FROM THE UNAPPROPRIATED INTEREST EARNINGS
FROM WASTEWATER 1999A CAPITAL IMPROVEMENT PROGRAM
FUND (SRF) FOR THE BROADWAY WASTEWATER TREATMENT
PLANT BASIN SERVICE AREA SEWER LINE REHABILITATION;
AMENDING THE CAPITAL BUDGET FY 2006 -2007 ADOPTED BY
ORDINANCE NO. 026997 BY INCREASING APPROPRIATIONS BY
$1,425,334.50; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,150,483.18 from the unappropriated interest earnings from
Wastewater 1995A Capital Improvement Program Fund, and $274,851.32 from the
unappropriated interest earnings from the 1999A Capital Improvement Program Fund
(SRF) is appropriated for the Broadway Wastewater Treatment Plant Basin Service
Area Sewer Line Rehabilitation
SECTION 3. That Capital Budget FY 2006 -2007 adopted by Ordinance No. 026997 is
amended by increasing appropriations by $1,425,334.50.
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of January, 2007
ATTEST
Armando Chapa
City Secretary
APPROVED AS TO FORM: 17-Jan-07
\14ittilaktttit/
Veronica Ocanas, Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
C \Documents and Settings\veronicao\ Desktop \VO07. 012307 .ORD.App.BWWTPLineRehab.doc
Corpus Christi, Texas
day of , 2007
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
City of Corpus Christi
Council Members
The above ordinance 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
C:1Documents and Settingslveronicao\Desktop \vO07. 012307 .ORD.App.BVWVtPLineRehab.doc
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 23, 2007
AGENDA ITEM: Motion authorizing the City Manager to enter into a collective bargaining agreement
with the Corpus Christi Fire Fighters" Association for wages, benefits and working conditions.
ISSUE: The City of Corpus Christi, pursuant to Chapter 174 of the Texas Local Government
Code, collectively bargains with the Corpus Christi Fire Fighters' Association for wages,
benefits and working conditions of the firefighters of the Corpus Christi Fire Department. A
collective bargaining agreement resulting from the negotiations is then ratified by the
members of the bargaining unit and approved by Council.
REQUIRED COUNCIL ACTION: Approval of the motion directing the City Manager to enter into
the contract negotiated by the City of Corpus Christi and the Corpus Christi Fire Fighters'
Association.
PREVIOUS COUNCIL ACTION: The Council has previously directed the City Manager to enter
into collective bargaining agreements between the City and the Fire Fighters' Association for
wages, benefits, and worldng conditions of the firefighters of the Fire Department.
CONCLUSION AND RECOMMENDATION: The recommendation is to authorized the City Manager
to err into the collective bargaining agreement that was ratified by the bargaining unit of the
Corpus Christi Fire Department on January 17, 2007..
/
NAME ,
Richard Hooks
Fire Chief
BACKGROUND INFORMATION
The City and the Fire Fighters' Association have agreed to a contract pursuant to Chapter 174 of the
Texas Local Government Code. An election ratifying the contract by the bargaining unit of the Fire
Department was held on January 15, 16, and 17, 2007. The bargaining unit voted in favor of
ratification. The Agreement includes a monetary settlement of the following:
• 3% increase to base salaries effective 8/1/05;
• 3% increase to base salaries effective 8/1/06;
• 2 25% increase to base salaries effective 8/1/07.
Other changes to the Agreement include.
• Clarification of the definition of "Probationary Period ";
• Authorization for setting the schedule's of battalion chiefs working forty hour weeks;
• Clean -up of the Call -back section and establishment of a committee to revise the call -back
policy composed of members appointed by the Chief and the Association;
• Inclusion of firefighter II's EMS positions in the "Station Assignment by Seniority" section
with the proviso that no more than two EMS bids can apply to any one EMS station;
• Requirement that all firefighters hired on or after January 1, 2006 maintain EMT -Basic
certification on hire while employed in the Fire Department;
• Amendment of the eligibility requirements for taking the Firefighter II/ Driver's examination
to include eight years as a Firefighter I;
• Elimination of the eligibility requirement of having to have worked as a Firefighter II/EMS
before taking the Captain's examination;
• Readjustment of the date of hire from May 1985 to May of 2000 for the requirement of
paramedic certification as eligibility criteria for taking the Captain's examination;
• Granting authority to the Civil Service Commission to adopt procedures for testing personnel
on military leave with input from the Association and the City;
• Addition of a section for alternative hiring of firefighter trainees;
• Amending the Grievance Procedure to include mandatory arbitration upon submission of the
Association;
• Language stating that a vacancy does not occur until all appeals are final or 30 days from the
date of issuing an indefinite suspension statement if there is no appeal;
• Amending the drug testing provisions so that they are substantively equivalent to those of
other City employees;
• Providing for a re- opener, if one is needed, to address Tri-Data issues or health plan benefits
that require changes to the Collective Bargaining Agreement;
• Clarifying that the Fact - finder's decision is advisory in nature and that both parties retain
rights under Texas law regarding impasse options.
AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS' ASSOCIATION
August 1 2005 THROUGH)uly 31, 2008
Deleted: AUGUST 1, 2003
Deleted: JULY 31, 2005
J
Preamble
AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI FIREFIGHTERS ASSOCIATION
(August 1, 2005 to,July 31, 2008)
TABLE OF CONTENTS
Article I - Definitions .. .
Article II - Recognition and General Provisions
1. Recognitions
2. Amendments......_ 6
3. Prevailing Rights 6
4. Rulings and Records of Civil
Service Commission . 6
Article III - Nondiscrimination ._
Article IV - Working Conditions
1. Work Week and Duty Hours ._ ..._.... 7
2 .PersonneI Assigned to
40 hour work week. 8
3. Overtime 9
4. Call - Backs....... _ .. _ . 10
5. Illness 11
6. Holidays and Vacation . 11
7. Personal Leave .... . . 12
8. Uniforms. 13
9. Mileage Allowance... 13
10 Meals.... 13
11 Relief 14
12 Use of Sick Leave in the Event of Death
Or Serious Illness in the Immediate
Family _ .. .............. 14
13. Assignment Preference Forms . 14
14 Reassignment from Fire Prevention 14
15 Station Assignment by Seniority 15
16 Employees Assigned to Specialized
Training 15
Article V - • es
1. Wages.... ....
2. Longevity Pay .......
3. Certification Pay... . ....
4. Assignment Pay ................._
5. Working Out of Classification.
6. Education Incentive Pay ........
7. Performance Award ..
8. Salary of Deputy Chief and Assistant
Chiefs. ... .......... _
9. Pay Periods,....... .
17
18
18
19
19
20
20
21
. 21
10. Pay and Fiscal Certainty 21
Article VI - Emergency Medical Service
1. Certification Requirement 22
2. Service Requirement ........ 23
3. Assistant EMS Director 23
4. Reassignment of Firefighter II
EMT /Firefighter II Paramedics 24
5. Voluntary Demotion of Firefighter II
EMT /Paramedics 24
6. EMT Certification After Promotion 24
7. Promotion to Firefighter II /Engineer
or Captain 24
Article VII - Union Activities
1. Payroll Deduction of Dues 25
2. Negotiating Team 25
3. Union Activities 26
4. President's Time Off 26
5. Other Union Functions 26
6. City Facilities 27
7. Access 27
8. Orientation 27
9. Action Outside City Limits 27
10. Notification of Promotion 28
11. Parties to Select Their Own
Representatives 28
12. Contract Administration 28
Article VIII - Management Rights
1. Management Functions 28
2. Rules and Regulations 29
3. Noninterference With Personal Lives 29
Article IX - Employee Selection and Promotion
1. Orientation for Firefighter II Drivers
and Captains
2. Promotional Examinations for
Firefighter II's and Captains 30
3. Other Certification Requirements
for Promotion to Rank of Captain 30
4. Appointment of Deputy Chief and
Assistant
Fire Chiefs 30
5. Probationary Period for New
Employees 31
{ Deleted: August 1, 2003
- Deleted: July 31. 2005
1
Deleted: Fire Prevention and
Training Division¶
Work Week
29 - - ---{ Formatted: Strikethrough
6. Corrections to Entrance or Promotional
{ Deleted: andAssistant
Examination Questions 31
7 Posting and Administration
of Promotional Examinations 32
8. Administration of Entrance
Examination . 32
9 Promotional Procedures for the Rank of
x3atylion Chef and
Assistant Chief ....._ . ...... 32
10. aromotionai Testing while on
Military Leave 33
11. Alternative Hirino ._ ... 34
Article X - Grievance Procedure
Section 1 34
2. Grievance Procedure ._ 35
3. Civil Service Appeals 37
4. Appeals from Promotional Bypass 38
5 Duration 38
Article XI - Appeals From Disciplinary
Actions .. .
Article XIV- Association Health and
Benefit Trust
1. Trust Creation 52
2. Indemnification 52
Article XVI - Reopener Provision 52
Article XV - Impasse Procedures 52
Article XVI - Duration and
Concluding Provisions
1. Duration 54
2. Severability 55
3. Conflict with Civil Service Statute 55
4. Copies of Agreement 55
Concluding Provision
41 Appendices
Article XII - Health & Welfare
1 Gabor- Management Committee ... 45
2. identification Cards ... . 45
3. Health Insurance and Life Premiums.. 47
4. Disability. ................. . 47
5. Sick Leave and Retirement Poo! 48
6. Toxicology Reports . 49
7. Mandatory Drug Testing 49
8. Accrual of Vacation Days...... 50
Article XIII - Legal Procedures
Legal Defense....
56
Attachment 1 - Fire Department's Alcohol
and Drug Policy 57
Appendix "A" - Dues Deduction
Authorization 66
Appendix "B" - Special Assessment Deduction
Authorization 67
Appendix "C" - Termination of Regular or
Special Dues Deduction
Authorization 68
Appendix "D" -
Appendix "E" -
51 Appendix "F"
3
69
71
72
_ {Deleted: District Chief
Formatted: Indent: Left: 0 ",
Hanging: 0.5"
Deleted: ¶
PREAMBLE
The following agreement is made by and between the City of Corpus Christi, Texas,
hereafter referred to as "the City ", and the International Association of Firefighters, Local
Union 936, hereinafter referred to as "the Union " The City and the Union agree that the
establishment of fair and reasonable compensation and other conditions of employment is
a primary purpose of this agreement as well as the promotion of harmonious relationships
between the City and the Union. This agreement has been negotiated through the
collective bargaining process with the objective of serving the aforementioned purpose and
with the further object of fostering effective cooperation between the City and its
Firefighters. Now, therefore, in consideration of mutual promises and agreements
contained herein, the parties agree as follows:
ARTICLE I
DEFINITIONS
City" means the City of Corpus Christi.
'Union' means the International Association of Firefighters, Local Union 936.
"Employee" means any sworn, certified, full -time paid employee who regularly
serves in a professional fire fighting capacity. The Fire Chief and all civilian non -
uniformed employees are excluded from receiving wages or benefits as provided
under this contract. and therefore are not included within the definition of employee.
Members" means any employee who is on the membership list of and pays dues to
the Union.
3. 'Supervisor" means any officer with the rank of Fire Captain or above.
6. 'Civil Service Commission" means the Civil Service Commission of the City of
Corpus Christi.
"Chief of the Department" means the Fire Chief of the City of Corpus Christi.
8. "City Manager" means the City Manager of the City of Corpus Christi.
9. 'Chapter 143" means Chapter 143 of the Local Government Code, Vernon's Texas
Codes Annotated, 1987. Article 5154c -1 shall mean "Chapter 174 Fire and Police
Employee Relations" of the Vernon's Texas Codes Annotated, Local Government
Code, Chapter 174
0. 'Firefighter Trainee" means an individual employed by the Fire Department who is
attending the Fire Academy and who has not graduated.
4
"Fire academy" means all training necessary to prepare and certify firefighter
trainees for employment as a firefighter, to include State firefighter certification, and
initial State EMT, and Paramedic certification.
12 "Certified EMT" (Emergency Medical Technician) means a firefighter who has a
current certification as an Emergency Medical Technician from the appropriate
State agency, and who maintains a current authorization to function as a medical
care provider by the Corpus Christi Fire Department's Medical Director.
13 "EMT Certification" consists of a current certification as an Emergency Medical
Technician from the appropriate State agency, and a current authorization to
function as a medical care provider by the Corpus Christi Fire Department's Medical
Director
14 "Certified Paramedic" means a firefighter who has a current certification as an
Emergency Medical Technician - Paramedic, or a current license as a Licensed
Paramedic, from the appropriate State agency and who maintains a current
authorization to function as a medical care provider by the Corpus Christi Fire
Department's Medical Director.
15 'Paramedic Certification" consists of a current certification as an Emergency
Medical Technician - Paramedic, or a current license as a Licensed Paramedic, from
the appropriate State agency and a current authorization to function as a medical
care provider by the Corpus Christi Fire Department's Medical Director.
16 "Probationary Period" shall be 18 months from the date of hire, unless a firefighter is
unable to obtain initial paramedic certification under Texas law within twelve (12)
months from the date of hire. If a firefighter fails to obtain said paramedic
certification within twelve months of date of hire, the end of the probationary period
will be six (6) months from the date the Employee was examined for the written
portion of the paramedic examination (currently the National Registry exam) as long
as, the Employee passed on that date and it was within eighteen (18) months of
initial date of hire. failure to obtain initial certification base_ d on the a_ ramed_ic Deleted: shall extend from date of 1
examination taken within eighteen (18) months from the date of hire shall result in hire until six t6 months after
obtaining initial paramedic I
termination as per Article IX Section 5. For example — if an Employee hired on certification. J
September 1, 2005, passed the written exam taken on December 1, 2006, the
probationary period shall be extended to June 1, 2007.
ARTICLE II
RECOGNITION AND GENERAL PROVISIONS
Section 1. Recognitions.
The City recognizes the Union as the exclusive bargaining agent for a bargaining
unit consisting of each swom, certified Firefighter in the Fire Department of the City of
Corpus Christi.
it is understood that this bargaining unit does not include the Chief of the
Department and does not include civilian non - uniformed personnel.
It is understood that this bargaining unit does riot include Firefighter trainees
enrolled in the Fire academy, but that such persons become members of the bargaining
unit at the time they graduate from the Fire academy.
Section 2. Amendments.
The Union and the City may jointly agree to negotiate possible changes in the
contract during its term. Such negotiations shall be set at the convenience of both parties.
in order for the contract to be amended both parties must agree upon the amendment.
Amendments to the contract must be ratified by appropriate parties.
Section 3. Prevailing Rights.
All rights, privileges, and working conditions enjoyed by the employees at the
present time, which are not specifically mentioned in this agreement, shall remain in full
force and effect and shall not be diminished in any manner during the term of this
agreement, unless by amendment by mutual consent of the parties.
Section 4. Rulir; and Records of Civil Service Commission.
All rules. opinions, directives, decisions, and orders issued by the Civil Service
Commission shall be preserved in written minutes. Such actions need not be copied
verbatim in the minutes; it shall be sufficient to accurately summarize such actions. The
Chairman or, in his absence, the Vice - Chairman of the Commission shall sign the minutes;
the signatures of the concurring members on any action shall not be required. The
Commission may, if it desires, cause any rules, decisions, directives, or orders to be
reduced to writing, apart from the minutes. All such written records of the Commission
shall be public records. The City will notify the Union of any items on the Civil Service
Commission's agenda that may affect Firefighters and /or the Fire Service.
6
ARTICLE III
NONDISCRIMINATION
This agreement applies equally to all Firefighters of the City of Corpus Christi, and
the parties agree to apply the provisions of this agreement to all Firefighters without
discrimination because of race. color, sex, age, religious creed, national origin or Union
affiliation
Specifically, the City will not:
1 Interfere with, restrain, or coerce employees in the exercise of their right to organize
and bargain collectively as provided by law, or in the exercise of rights provided by
this agreement; or encourage or discourage membership in or support of the Union;
or interfere with the administration of the Union;
2 Discharge or otherwise discriminate against any employee in regard to tenure of
employment or any term or condition of employment on account of membership in
or support of the Union, or on account of any lawful Union activity.
Specifically, the Union will not:
1 interfere with, restrain or coerce employees in the exercise of their right to organize
and bargain collectively as provided by law, or in the exercise of rights provided by
this agreement;
2) Cause or attempt to cause any employee to discriminate against any other
employee because of the employee's membership or non - membership in any
employee organization, or in any manner prohibited by this agreement.
ARTICLE IV
WORKING CONDITIONS
Section 1. Work Week and Duty Hours.
A The regular work shift for fire fighting personnel assigned to fire suppression or
emergency medical services duties shall be based upon a schedule of twenty four
24) hours on and forty eight (48) hours off for a yearly average of fifty four (54)
hours per week. For purposes of overtime calculations under the Fair Labor
Standards Act, the City shall utilize a twenty seven (27) day work cycle; sick leave,
vacation and "Kelly Days" will not be considered as time worked for said overtime
calculations.
The regular duty hours for each shift shall begin at 8:00 a.m. on the day to be
worked and shall end at 8 :00 a.m. on the following day. For employees required to
work the twenty four (24) hours on and forty eight (48) hours off schedule, twelve
'12) scheduled working hours shall be counted as one (1) work day for vacation or
sick leave purposes
C Any work required in holdover from a shift as a result of a late retum to the station
from a fire call or ambulance call, shall be compensable to the nearest fifteen (15)
minutes The preceding sentence shall not apply where the holdover was a result of
the employee having been ordered to be on standby or by his having been
dispatched to a fire as a part of the relief for another crew. In any event, where the
holdover period exceeds fifteen (15) minutes the employee shall be compensated
for the entire holdover period at the overtime rate.
D If an employee is absent from work for a full calendar quarter, as a result of an on-
duty injury, the employee will accrue no "Kelly Days" attributable to that calendar
quarter
E The firefighters understand and agree that the City compensates them in full for all
their regularly scheduled hours. Firefighters assigned to fire suppression or
emergency medical services receive straight time monetary compensation to work
two hundred sixteen (216) hours in each twenty seven (27) day work period.
Section 2. Personnel Assigned to 40 Hour Work Week.
A. The regular work week for Employees at the rank of Battalion Chief and above, not
assigned to 54 hour week, shall be a forty hour work week, with the schedule
determined by the Fire Chief.
B. The regular work week for personnel below the rank of Battalion Chief assigned to
the Fire Prevention or Training Division shall be forty (40) hours per week. The
regular weekly schedule will be four (4) ten (10) hour shifts per week. If the staffing
ievei in the Fire Prevention Division falls to 50% or less of the required level for that
activity, the Fire Chief, at his discretion, may alter the regular weekly schedule of
the employees assigned to that activity. In the Training Division, the Fire Chief, at
his discretion, may alter the regular weekly schedule at any time. A four (4) ten (10)
hour day weekly schedule will begin at 8:00 a.m. and will end at 6:30 P.M. with a
thirty (30) minute unpaid meal period
C. Employees below the rank of Battalion Chief assigned to the Fire Prevention or
Training Division may elect, once each year and with the approval of the Fire Chief,
to work a weekly schedule of five (5) eight (8) hour shifts. This election will continue
in effect for a year, subiect to alteration by the Fire Chief as provided in paragraph B
above.
D� Employees who work a weekly schedule of four (4) ten (10) hour shifts will accrue
and use, on an annual basis, three (3) ten (10) hour personal leave days, as
provided in Article IV, Section 7, and seven (7) ten (10) hour holidays. If the
employee does not work a weekly schedule of four (4) ten (10) hour shifts for an
entire year, the personal leave and holiday hours accrued for that year shall be
prorated accordingly.
8
_ - { Deleted: c
Section 31 Overtime.
All employees shall be paid for authorized overtime work at the rate of 1 -1/2 times
the regular rate
"Regular rate" and "regular rate of pay" after the date of execution of this agreement
means base pay, longevity, education incentive, assignment and certification pay only.
Such rate for positions with scheduled work weeks other than forty (40) hours shall
be computed on the basis of 173,33 hours per month for payment of cycle pay and holiday
pay. All other overtime will be computed on the basis of one hundred and ninety five (195)
hours per month. Overtime will be computed only for actual hours worked over the
scheduled work week. Compensatory time off equal to the actual hours of overtime may be
taken in lieu of overtime pay upon the mutual agreement of the department head and the
employee. Overtime shall be computed to the nearest quarter hour. The conceptual
formula for the payment herein for overtime work after the date of execution of this
agreement is set forth in Appendix D.
Overtime at the rate of 1 -1/2 times the regular rate of pay will be paid for work
performed on any City holiday as per Section 6 of Article IV.
Any off -duty Firefighters who are called back to duty or subpoenaed to give
testimony in court about events arising out of their employment shall be compensated at
the rate of 1 -1/2 times the Firefighter's regular rate of pay from the time the Firefighter is
ordered to report to duty, and shall be paid for the actual time worked in that shift or for a
minimum of three (3) hours for any one (1) call -back incident.
Compliance Provision.
The parties agree and understand that the agreement of the parties to use 173.33
hours per month for cycle and holiday overtime pay and one hundred and ninety -five (195)
hours per month for all other overtime pay does not constitute the straight time or regular
rate for regularly scheduled hours of work for purposes of this agreement.
It is also agreed and understood that to the extent that the City's current or past
payroll practice is inconsistent or conflicts with the provisions of the Texas Local
Government Code Section 142.0015 and 142 0016, the provisions of this contract or past
contract shall control.
It is agreed by the parties that should any overtime liability result under the terms of
this contract, state law, or the Fair Labor Standards Act that the City is entitled to use any
extra overtime premium paid resulting from using overtime rates based on the 173.33 or
one hundred and ninety -five (195) hours per month which exceed the overtime premium
due calculated for twenty four (24) hour shift employees on the basis of two hundred and
sixteen (216) hours worked in a twenty seven (27) day work period to offset such liability,
where allowable by applicable law.
It is further agreed and understood that to the extent that the methods of
determining straight time and overtime pay listed in this agreement are inconsistent or
conflict with the provisions of the Texas Local Government Code Section 142.0015, the
provisions of this agreement shall control. Should any court rule or hold that the City is not
9
entitled to the full credit provided herein, the City or the Association may reopen
negotiations during the term of this contract to address any issue necessary as a result of
such ruling, and the duty of each party to bargain under Texas Local Government Code
Chapter 174 shall apply.
Section 4. Call- backs.
A The parties have agreed that the provisions of the current agreed Call back
procedure, Corpus Christi Fire Department SOP No 101.09 attached hereto and
marked "Appendix F ", shall remain in effect during the term of this agreement,
- iniess amended by mutual agreement of the parties (which agreement by the Union
°Tay be approved by its Executive Board .l.
B A committee shall be appointed to develop a revised call back policy, with three (3)
representatives appointed by the Chief and three (3) representatives appointed by
the Association. or event or unforeseen ,Fin. an emergency, which shall be any ,unexpected who pion oris s that calls for immediate action, the Chief may bypass employees from the de
the city limits. Said by-passed employees shall retain
their standing on the roster for other scheduled call- backs. If the Chief or his designee
nadvertently by- passes an employee in an emergency situation, the employee shall retain
his /her standing on the roster until he /she is utilized. The Chief shall call the employee,
vvho iF bv- passed, to work within a forty five (45) day period.
Any employee inadvertently by- passed in an emergency situation shall within a forty
five (45) day period be assigned overtime duty either of an emergency or non - emergency
nature. for a time period of no less than the amount of time he /she would have worked if
heishe had not been bypassed.
Section 5. Illness.
in the event of illness, the employee shall notify the appropriate Battalion Chief, on
duty immediately when the employee knows he will be absent on account of illness. Any
shift employee absent more than two (2) consecutive work shifts, and any forty (40) hour
creek employee absent more than three (3) consecutive calendar days, shall be required to
furnish a certificate of a physician certifying to the illness of the employee. The Chief may
at any time, Fait fora medical certificate if in his judgment, he deems it appropriate for a
ust cause 44s- areeriet t does- not add te-er
enforce. leave -- policies under Texas taw 143 of the Texas Local
ever lfft Cede.
Section 6. Holidays and Vacation.
A Holidays.
l(1
Deleted:
Deleted: until superceded by a new
agreement, or
Deleted: upon agreement of the
Association, and shall prevail and
control over the provisions of this
section, to the extent of any
inconsistency with this section. The
call -back provisions in this section are
only applcable in situations where
Firefighters are called back to duty to
fulfill daily staffing levels of the
stations and equipment, or for fire and
medical emergencies. For the
purpose of call backs of Firefighters
assigned to twenty four (24) hour
shifts, the department shall maintain
one (1) call -back list for each twenty
four (24) hour shift composed of all
ranks except Assistant Chiefs. To be
considered for daily staffing call -back,
a Firefighter must have been on duty
for a complete twenty four (24) hour
shift immediately preceding the cat
back. Firefighters will be called back
in numerical order from the first
position on the call back list to the last
position on the call -back list. Once an
employee has been called back to
duty, she/he shall be placed in the
last numerical position on the call-
back list Firefighters who are on
approved leave will not be considered
for callback. Firefighters who are on
sick leave will not be eligible for
callbacks until reporting back to full
A F Firefighter re- assigned to another
shift shall be added to the call -back
list for that shift and placed in the
same numerical position held on the
call -back list before the reassignment.
In the event that more than one such
Firefighter is reassigned with the
same numerical position on the call-
back list, placement shall be by lot. A
probationary Firefighter who has
graduated from the Fire Academy will
be placed at the bottom of the call-
back list for his or her assigned shift,
provided that placement order at the
bottom of the list shall be determined
by bt.¶
For call -backs that require staffing by
specific rank, certification, or � 1
Deleted: An updated call-back list
will be provided to the Firefighters
Association on a weekly basis.
Deleted: Assistant Chief or Acting
Assistant Chief
Deleted: by written request,
Deleted: , which may include a
pattem of sick leave use.
Formatted: Strikethrough
Each employee shall receive the following Holidays during each fiscal year:
:1, New Year Day
2 Memorial Day
3 Fourth of July
4 Labor Day
51 Thanksgiving Day
(6) Christmas Day
71 One holiday to be determined by the City. Firefighters shall have the same number
of holidays, or days in lieu thereof, that are granted to other municipal employees.
The current practice of adding holidays to vacation time shall be retained.
B. Vacation.
Firefighters with Tess than fifteen (15) years of service shall be entitled fifteen (15) working
days vacation a year which shall accrue on the basis of twenty six (26) biweekly pay
periods per year. Firefighters with fifteen (15) years to twenty nine (29) years of continuous
service shall accrue eighteen (18) working days vacation a year, which shall accrue on the
basis of twenty six (26) pay periods a year. Firefighters with thirty (30) years of continuous
service or more shall accrue twenty one (21) working days of vacation a year which will
accrue on the basis of twenty six (26) biweekly pay periods a year. For twenty four (24)
hour shift firefighters, twelve (12) scheduled working hours shall be counted as one (1)
working day for determining the accrual of vacation leave. For those firefighters scheduled
to work forty (40) hours a week, regardless of whether worked in shifts of eight (8) hours,
ten (10) hours, or such other shifts as may be authorized under this Agreement, eight (8)
hours shall be counted as one (1) working day for determining the accrual of vacation
leave.
Section 7. Personal Leave.
Employees on the payroll as of August 1 of each year, except for trainees who have
been with the department for less than twelve (12) months, shall receive three (3) personal
leave days with pay. Personal leave days shall be non - cumulative and must be taken
during the fiscal year received. Use of these days shall be subject to the operating needs
of the department and the requests of the employees.
The parties have bargained this provision to provide extra time off, without
increasing call back overtime cost to the City.
Effective August 1, 2005, the City will agree to allow two (2) additional personal
leave days (12 hours of leave equal one day) for a total of five (5) personal leave
days in each fiscal year provided that personal leave days must be taken as
follows, rather than as currently taken in conjunction with vacation leave:
For Suppression Shift Personnel: Three Shifts as follows:
12 PL 12 PL
I2PL/12 PL
12PL/12V
For 40 Hour Schedule Personnel:
40 hours of Personal Leave
3. Personal leave must be used with personal leave, except as shown.
4. All other policies and practices not inconsistent with this provision shall continue in
effect
There shall be no payment for the accrued personal leave days if an employee
terminates prior to using all of such days.
Section 8. Uniforms.
A. The City shall pay 100% of the cost of the original issue of uniforms to provide every
uniformed employee with all required original issue items. The employee shall
thereafter replace or repair said required clothing items.
B. The City retains the right to establish the style and color of the official uniform and
its insignia. If the City changes style and color of the uniform, and such changes
cause the previous uniform to be obsolete, it shall pay 100% of the original cost.
Original issue of uniforms, including patches, to each Firefighter shall be as follows:
11 Firefighter trainee, two (2) Class "A" uniforms;
21 One ( 1) belt and one (1) buckle;
3) Six (6) Class "B" pants and six (6) T- shirts;
(4) One i 1) sweatshirt; and
5) One (1) Jacket.
C. Shoes shall be at the expense of the Individual Firefighter and made available
through City warehouse prices and facilities.
The clothing allowance shall continue *to be $67.50 per month.
Standards regarding the inspections, maintenance, and replacement of uniforms as
well as, uniform specification shall be established by the Fire Chief subject to the
provisions of this Contract
Bach Firefighter name, rank, and highest current EMS Certification shall be on all
Firefighters shirts as per department policy. These shirts may also change in style „-
and color however. the City shall have no obligation for the T -shirt uniform change,
12
Deleted: A clothing allowance of
$55.00 per month shall be provided to
each Firefighter for the purposes of
uniform cleaning and maintenance.
Effective August 1, 2004, t
Deleted: increase
Deleted: Commencing January 1,
2006, e
Deleted: On or before January 1,
2006, the City shall provide each
Firefighter on a one time basis three
(3) T- shirts with the required
identification.
beyond furnishing the 3 T- shirts, (Paragraph B., above, notwithstanding). After
January 1, 2006, former T -shirts shall be obsolete.
Section 9. Mileaste Allowance.
Employees required to use their private automobiles for authorized Fire Department
business or as a necessity in changing stations shall be compensated at the rate specified
or to be specified in the compensation ordinance of the City, but not Tess than 32.5 cents
oer mile
Section 10. Meals.
When it appears imminent that Firefighters will be engaged in firefighting duties at
the scene of a fire or relocated to another station or engaged in ambulance duties two (2)
hours past their normal mealtime, they shall be provided a meal at the City's expense for
approximately $6.00 per meal per firefighter, effective upon signing of this agreement, to
be reimbursed within two (2) weeks from date of submission of the form approved by the
Chiefs office, which may be by fax or other mode of submission. A request by the senior
officer present at the scene or approval by the first senior officer in the chain -of- command,
'f a senior officer is not present at the scene. is necessary before a meal will be provided.
Section 11. Relief.
Firefighters actively engaged in fire fighting duties at the scene of a fire for a period
exceeding three (3) hours will be relieved from duty and given a rest period of at least thirty
30) minutes after any three (3) hours of fire fighting duties.
In the event that any Firefighters are required to engage in fire fighting duties at the
scene of the fire for a period of eight (8) hours or more, every reasonable effort will be
made to relieve such Firefighters to other duties away from the scene.
Section 12. Use of Sick Leave in the Event of Death or Serious Illness in the
Immediate Family
in the event of serious illness or death in the immediate family of the employee, the
employee shall be granted sick leave or vacation at the request of the employee. The
immediate family, for purposes of this contract, shall be defined to include parents, step-
parents, legal guardian, spouse, mother -in -law and father -in -law, children, brothers,
sisters: grandparents, and grandchildren. In the event of a death not in the immediate
family of an employee, the employee may, upon approval of the Fire Chief, be granted
time off to attend funeral services. and such time off shall be taken as vacation leave.
Section 13. Assignment Preference Forms.
Firefighters may submit Station Assignment Preference Forms, provided by the
City, which will be considered by the Fire Chief in making such assignments. Factors used
in determining such assignments will include, but will not be limited to, the needs of the
Fire Department, the location of the preferred fire station, the residence of the individual,
and the employee's seniority
Section 14. Reassignment from Fire Prevention.
Any employee who has been assigned to Fire Prevention duties for a period of five
(5) consecutive years or more shall be allowed to request reassignment to other duties as
long as a vacancy is available. The Fire Marshall is excluded from this Provision.
Section 15. Station Assignment by Seniority.
Whenever a vacancy occurs in the Fire Department due to retirement, termination,
promotion, or demotion, said vacancy may be filled by a seniority bid system as follows:
A. Only the five (5) persons with the most seniority per rank per shift shall be eligible to
bid. For purposes of this section seniority is defined as time in rank. The five (5)
most senior persons per rank who qualify to bid under this section may each choose
the fire station to which he /she is presently assigned as his /her selection under this
section. An assignment bid must be submitted.
B. Only personnel regularly assigned to the shift in which the vacancy occurs may bid.
Five (5) Firefighter Ifs EMS are _eligible to bid for station assignment under this _ - - - -{ Deleted: not
provision, provided that no more that two (2) EMS seniority bids shall apply to any
one EMS station.
C. Assignment by seniority will be made only to non - ambulance stations for the rank of
Firefighter I.
D. Assignment by seniority bid will not be made if such an assignment would result in
staffing of less than one (1) person per shift per station who is qualified and
authorized to use the automatic defibrillation equipment.
E. Seniority will not apply relative to move -outs.
F A Firefighter may be assigned based on seniority, only once every three (3) years.
�. Vacancies will be posted for two (2) weeks. Employees will have seven (7) days
after the two (2) week posting period to submit their assignment bid. The Fire Chief
will post assignments within seven (7) days after the bid submission deadline.
-1. in the event that no bids are received from the five (5) senior employees, the
assignment will be made at the Fire Chiefs discretion. The top five (5) employees on
the seniority list who have chosen not to bid on a vacancy cannot be assigned to
that vacancy.
14
Firefighters assigned to relief duty will be those most recently promoted to
suppression.
Section 16. Emnlovees Assigned to Specialized Training.
it is understood that Firefighter personnel who are regularly assigned to fire
suppression and work the fifty four (54) hour work week, may be placed on a forty (40)
hour work schedule for the purpose of attaining specialized training. Specialized training
includes but is not limited to HAZ -MAT training, rescue training, EMS certification and
recertification classes, promotional orientation, fire prevention and /or arson training, as
well as attendance to any Fire academy into which the Fire Department has enrolled the
firefighter. If a firefighter is required to take leave time to attend specialized training and
said time is for the purpose of transitioning to a forty (40) hour work schedule, such
transition leave shall not break the cycle for FLSA purposes
�epching � e high oardi9 r
ets- :. • • _ - - -
eoflthition-
nine
adore ed under d ..r a
��r'er'y'- prvbviivi °oo
Aur...r.} 1
Aftisie- V
;r.
ARTICLE V
WAGES
Section 1. Wages.
The basic ranks within the Fire Department, as well as the applicable job
classification and applicable monthly pay rates shall be as follows:
Effective August I, 2005 (3.0 %)
18mos
3406
liflk Start
hrainee 2440
Firefighter 3118 3257
1
Firefighter 3708 3782
li
Fire 4188 4311
Captain
Battalion 4809 5028
Chief
{ Six mos 12mos
+2545
3Omos
3625
3859
4434
5257 5495
3944
4601
Effective August 1. 2006 (3.0 0
16
for
Title Start Six mos 12mos
Trainee 1 2513 ! 2621
Firefighter 3212 3355
Firefighter - 3819 3895_
11
Fire 4314 4440
Captain
Battalion 4953 5179
Chief
18mos
30mos
3508
3975
- 4- 567
5415
Effective August 1 2007 (2.25 %)
3734
4062
4739
5660
Tie Start Six mos 12mos - 18mos
Tiinee 2570 2680
Firefighter 3284 ! 3430
1
Firefighter 3905 3983
lI
Fire 4411
Captain
Battalion ! 5065
Chief
4540
30mos
3587
3818
4064
4154
5295
4670
5537
4846
5787
•
Section 2, Longevity Pay.
Longevity pay shall be $6.00 per month for each complete year of service up to a
maximum of fifteen (15) years of service. Thereafter, for each additional year of service,
Longevity pay shall be $4.00 per month for each year up to a maximum of twenty five (25)
Section 3. Certification Pay.
In addition to his /her regular monthly pay, a Firefighter who is certified by the
appropriate State agency and meets all certification requirements of this agreement, shall
receive certification pay in the amount indicated below, according to the level of his
certification:
17
{ Formatted: Strikethrough
j Deleted' 1f
Intermediate Fire Certification
Advanced Fire Certification
Master's Fire Certification
Certified EMT
Certified Paramedic
Fire Prevention Insp
Arson Investigator
Basic Instructor
Intermediate Instructor.
Advanced Instructor or
Master Instructor
$20 per month
$25 per month
$30 per month
$35 per month
$75 per month
$35 per month
$75 per month
$35 per month
$75 per month
Section 4. Assignment Pay.
In addition to his/her regular monthly pay, and certification pay, a Firefighter who is
assigned to duty listed below shall receive the amount indicated:
Regularly assigned HAZ -MAT -- $50 per month
Regularly assigned to Rescue Truck/Station and
HAZ -MAT qualified (Effective August 1, 1998) -- $50 per month
Certified EMT Assigned to Ambulance -- $50 per month
Certified Paramedic Assigned to Ambulance -- $50 per month
Effective August 1, 1998, Firefighters currently assigned and who continuously
serve for greater than five (5) and Tess than ten (10) years of service as permanently
assigned to EMS shall receive an additional $50.00 assignment pay per month. For
greater than ten (10) years of continuous service as permanently assigned to EMS, a
Firefighter shall receive an additional $50.00 assignment pay per month for a total of an
additional $100 per month as continuous assignment pay. Temporary reassignment
pursuant to Article VI Section 6 shall not constitute a break in continuous service.
Individuals assigned to a forty (40) hour work week, other than employees assigned on
temporary, special or limited duty. will receive the following:
0 -3 years ..,........ $150 00 per mo.
4 -5 years $200 00 per mo.
6 or more years .. $225 00 per mo.
18
Section 5. Workilna Out-of-Classification.
Any Firefighter who is assigned the duties of a higher classification for an accrued
period of four (4) hours or more during any shift shall be paid acting- out -of- classification
ay or a monthly basis as follows
Acting Firefighter II .. $18.00 per shift
Acting Captain... .. $24.00 per shift
Acting Battalion Chief...... _.$36.00 per shift
Acting Assistant Fire Chief $48.00 per shift
Section 6. Education Incentive Pay.
t 1) Employees shall be eligible for educational incentive pay at the monthly rate of .70c
per month for each academic semester hour satisfactorily completed provided that
such hours are applicable toward a degree in Fire Science, Occupational Education
with a specialization in Fire Science, Psychology, Public Administration or a
Bachelor of Science in Nursing, or EMS related fields (hereafter referred to as
compensable areas of study). In no event will more than $49.70 per month be paid
without successful completion of the requirements and the receipt of the Associate
in Applied Science Degree in a compensable area of study. If the employee is
attending an upper level college, he may meet this requirement by filing a copy of
his certified degree plan with the Director of Human Resources, noting his
expressed intent to obtain a Bachelor's Degree in one of the compensable areas of
study. Ali Approved hours above the Associate Degree in a compensable area of
study will be eligible for educational pay at this rate up to an additional $37.10 per
month or a combined total of $86.80 per month. Successful completion of the
requirements and receipt of a Bachelor's Degree in a compensable area of study
will qualify the employee for a maximum of $90.30 per month.
2) Approved hours above the Bachelors Degree applicable toward a Master's Degree
n Fire Science, Occupational Education Administration or a Masters of Science in
Nursing or EMS related field will be eligible for educational incentive pay at the
same rate up to an additional $14.00 per month. Successful completion of the
Master's Degree one of these subject areas will qualify the employee for an
additional $11.20 per month for a maximum combined total of an additional $25.20
per month on a Master's Degree.
The addition of other compensable areas of study under this section shall not
expand the practice of payment of expenses or provision of textbooks or materials to such
other areas of study as presently provided for an Associate Degree in Applied Science for
Fire Science at Del Mar College.
i 3) No probationary employee shall be eligible for educational incentive pay until after
he has successfully passed his probationary period.
9
l Deisbed: District Chief
(4'1 Performance award and acting -out of- classification pay under this Article shall not
be considered as a component of salary or compensation for purposes of drag up
pay or leave sell back or overtime by virtue of being moved to this Article from other
articles in this or previous agreements, and no such change has been negotiated.
( Education incentive pay under this Article shall not be considered as a component
of salary or compensation for purposes of drag up pay or leave sell back by virtue of
being moved to this Article from other articles in this or previous agreements, and
no such change has been negotiated.
Section 7. Performance Award.
Every November, each firefighter, excluding those on probationary status, shall
receive a performance award in a lump sum payment of $150.00,
Section 8. Salary of Deputy Chief and Assistant Chiefs.
The position of Deputy Chief and the positions of Assistant Chiefs shall be
compensated under the City's Managerial Pay Plan.
Section 9. Pav Periods.
Effective January 1, 2006, wages and other compensation specifically mentioned in
this agreement, excluding overtime, shall be paid on the basis of twenty six (26) pay
periods per year, paid every other week, unless specifically mentioned otherwise in the
agreement.
Section 19. Pay and Fiscal Certainty.
A. The City and the Union agree that this agreement should set forth clearly and
resolve any issues concerning the proper calculation of pay and other economic
benefits. The City and the Union agree that the pay formulas in Attachment D & E of
this Agreement reflect the correct standard for future payment.
B. The Union agrees that the City's past pay practices are in compliance with the prior
contract
All retroactive pay due for FY 03 -04 and FY 04 -05 under this Agreement will be paid
using prior payroll payment practices
The City and the Union recognize that Individual Association members have the
right to assert a pay claim or grievance for past pay periods, subject to the City's
legal and contractual defenses. However, it is also agreed that all pay claims which
accrued and have not been filed by individual Association members prior to
20
Deleted: , which amount will be
increased to $175.00 lump sum
payment on a one time basis only for
the payment in November 2005.
ratification of this Agreement shall be barred. This provides a reasonable
opportunity for the assertion of any valid claims, and will allow the City Council to
know the extent of any contingent liabilities when it takes action on this Agreement.
The use and meaning of the terms "regular rate" and "regular rate of pay" in this
Agreement pre -date the application of the FLSA to the employees under this
agreement. It is agreed that the method of payment of overtime pay, drag up pay
and vacation sell back shall be in accordance with this agreement. The parties
agree that any contrary state law or local ordinance, including Texas Local
Government Code Section 142.0015 is superceded.
By the inclusion of FLSA terminology in this agreement, neither party waives
exemptions, credits or entitlements which otherwise apply.
It is further understood and agreed that the City is entitled to use and does use the
partial exemption under the Fair Labor Standards Act, 29 U.S.C. 207(k) as per the
ruling in Collins, et al v. City of Corpus Christi, Civil Action No. C -00 -066, United
States District Court for the Southern District of Texas, Corpus Christi Division. The
parties also recognize that any release of FLSA claims must be in accordance with
applicable law.
ARTICLE VI
EMERGENCY MEDICAL SERVICE
Section 1. Certification Requirement.
All Firefighters hired after May, 1985, must be certified Paramedics within eighteen
18) months from date of employment and must maintain Paramedic certification for a
minimum of eight (8) full years as a condition of employment. Failure to maintain said
certification shall result in termination. Any time period without certification will not count
towards the minimum eight (8) full years requirement. Any Firefighter who has not met the
minimum eight (8) full years requirement as a certified Paramedic because of Toss of
certification shall be granted either twelve (12) calendar months from the date she /he lost
certification or from December 7, 1999, or, if the Firefighter enrolls, attends, and completes
the next regionally available educational class that will assist him /her in regaining the
Paramedic certification, ten (10) months from the date the class begins, whichever is
longer. to regain Paramedic certification. If a Firefighter is unable to obtain Paramedic
certification within the time granted, she /he will be terminated in accordance with Section 1
of this Article.
Any Firefighter who is not a certified EMT or certified Paramedic shall lose EMT or
Paramedic certification pay ninety (90) calendar days after notification of the Toss of
certification. If authorization to function as a medical care provider is suspended by the
Fire Department's Medical Director, the Fire Chief will provide to the Firefighter in writing
the necessary steps required to regain certification.
'1
If a Firefighter carrying the rank of Firefighter II EMS has failed to maintain
Paramedic certification, she /he will be temporarily reassigned to Firefighter I duties
immediately upon loss of certification or on December 7, 1999, whichever occurs later. The
Firefighter shall be granted ninety (90) calendar days from the date she/he lost certification
or from December 7, 1999, whichever occurs later, to obtain certification. If at the end of
this ninety (90) calendar -day period, the Firefighter has not obtained certification she/he
will be demoted to the rank of Firefighter I. Any previous time in rank shall stand and the
Firefighter shall be eligible for promotion to the rank of Firefighter II EMS after successfully
completing the requirements of a certified Paramedic.
if a Firefighter hired before May, 1985. carrying the rank of Firefighter II EMS and
who has an EMT certification, has failed to maintain that EMT certification, she /he will be
temporarily reassigned to Firefighter I duties immediately upon loss of certification, or from
December 7 1999, whichever occurs later. The Firefighter shall be granted ninety (90)
calendar days from the date she /he lost certification or from December 7, 1999, whichever
occurs later, to obtain certification. If at the end of this ninety (90) calendar -day period, the
Firefighter has not obtained certification she /he will be demoted to the rank of Firefighter I.
Any previous time in rank shall stand and the Firefighter shall be eligible for promotion to
the rank of Firefighter II EMS after successfully completing the requirements of a certified
Paramedic.
The Fire Department will make available training materials or tutorial assistance up
to. but not exceeding and equivalent of forty (40) hours, upon request of the Firefighter
who has not met the recertification requirements. Such tutorial or training assistance shall
be based upon the recommendations of the EMS training staff and the Fire Department's
Medical Director. This tutorial or training assistance may require the Firefighter to be
reassigned to a forty (40) hour work week to complete the training. The Department will
assume no responsibility for time and expense incurred should the Firefighter desire
training other than that offered by the Fire Department.
Section 2. Service Requirement.
All Firefighters hired after May, 1985, may be required to serve a minimum of five
(5) years in the Emergency Medical Service during the eight (8) year period of paramedic
certification requirement set out in Section 1 above.
All Firefighters hired on or after January 1, 2006 ,must maintain certification at the
level of EMT — Basic (or higher, whenever a higher certification is required in other
provisions of this Agreement) while employed in the Fire Department. failure to maintain
said certification or to obtain re- certification as provided in Section 1 above, shall result in
termination.
Section 3. Assistant EMS Director.
Effective August 1. 1999, any vacancy occurring in the position of Assistant E.M.S.
Director shall be filled from the rank of Captain and shall be a ,attalion Chief with all the
rights and benefits of a ,attalion Chief. This position shall be by appointment of the Fire
Debited: the effective date of this
agreement
Deleted: This requirement does not
apply to any current firefighter who is
not certified at the level of EMT —
Basics or above as of September 1,
2006.
Debited: District Chief
Deleted: District Chief
Chief from Firefighters within the rank of attalion Chief or Captain who are eligible to take Deleted: District Chief
the ,Battalion C hief Exam and are certified and qualified to serve as paramedics under this _ - -- {Deleted: District Chief
Agreement. It is understood that any individual appointed to this position, serves at the
discretion of the Fire Chief, but if removed from this assignment, shall be reassigned at the
same rank and/or position that he /she held when originally appointed, or achieved during
the firefighter's tenure in the position as Assistant EMS Director.
The person currently assigned, and for so long as he holds this position, shall retain
Civil Service status, maintain and accrue vacation, sick leave, personal leave, and
seniority; and receive longevity pay. The Assistant EMS Director shall continue to
participate in the City's health and life insurance programs, and receive $150.00 per month
in lieu of paramedic certification pay. It is understood that any individual appointed to this
position, serves at the discretion of the Fire Chief, but if removed from this assignment,
shall be reassigned at the same Civil Service Classification and/or position that he /she
held when originally appointed, or achieved during tenure in the position as Assistant EMS
Director.
With the exception of the Assistant EMS Director, Emergency Medical Service
supervisory officers assigned by the Chief shall receive $150 per month paramedic
certification pay in lieu of the amount provided for in Article V, Section 3 of this Agreement.
Section 4. Reassignment of Firefighter 11 EMT /Firefighter 11 Paramedics.
Any Firefighter II EMT /Firefighter II Paramedic who is regularly assigned to EMS
shall be entitled to receive, but only upon his request, temporary reassignment to
Firefighter duties for as much as two (2) pay periods in any six (6) month period; provided
however, that during any pay period that such employee is performing such voluntary
reassignment he shall be paid only at the maximum Firefighter I rate for Firefighter I duties
performed during said period of reassignment. However, it is agreed that such reassigned
employee will continue to hold his Firefighter II rank, and will be entitled to all other rights
and privileges pertaining thereof.
The scheduling of temporary reassignment shall be made at the reasonable
discretion of the Fire Chief.
Section 5. Voluntary Demotion of Firefighter 11 EMT /Paramedics.
After five (5) years of actual ambulance service duty, which must be continuous, as
a Firefighter II EMT /Firefighter II Paramedic hired prior to May 1985, the employee shall be
granted upon request a voluntary demotion to Firefighter I, and will not be further required
to maintain EMT certification.
Section 6. EMT Certification After Promotion.
Firefighters and Firefighter II EMT /Firefighter 11 Paramedics, hired prior to May
1985, who are promoted to Firefighter 11- Drivers will not be required to maintain their EMT
certification after promotion.
Section 7. Promotion to Firefighter II /Engineer
All Firefighters hired after July 31, 1996 ,must serve either a minimum of two (2)
consecutive years as a Firefighter II /EMS on the ambulance, or eight (8) consecutive years
as a Firefighter I, prior to becoming eligible to take the examination for promotion to
Firefighter II /Engineer,
ARTICLE VII
UNION ACTIVITIES
Section 1, Payroll Deduction of Dues.
A The Union shall supply the City with all necessary papers and information for payroll
deduction of dues and assessments. Such dues or assessments will be deducted in
the amount specifically authorized by the individual employee and in accordance
with the by -laws of the Union.
The City agrees to deduct dues upon receipt from the Union of a "Dues Deduction
Card" voluntarily and individually authorized, signed, and dated by each member of
the Union. This authorization shall remain in full force and effect for the term of this
agreement or until terminated by either the employee or the Union. Such "Dues
Deduction Card" is found in Appendix "A" and is incorporated by reference into this
agreement. The City shall begin such deductions on the following pay period after
receipt of the "Dues Deduction Card "
The City agrees to deduct special assessments upon receipt from the Union of a
`Special Assessment Deduction Card" which is found in Appendix "B" and is
incorporated by reference into this agreement. The City shall deduct such special
assessment on the following pay period after receipt of the "Special Assessment
Deduction Card." The Union agrees to defray the City's Administrative cost for such
special assessment in the amount of $50 per special assessment, to be invoiced by
the City
D. At any time a member of the Union desires to withdraw his membership, he may
voluntarily and individually do so. Such action will be initiated through a
"Termination of Dues Deduction Card" voluntarily and individually signed by the
member of the Union and fumished by the City. Such "Termination of Dues
Deduction Card" is found in Appendix "C" and is incorporated by reference into this
agreement. The City shall terminate deduction of such dues on the following pay
period after receipt of the "Termination of Dues Deduction Card." A copy of the
24
{ Deleted: or Ca:dein
_ - - -{ Deleted: will be required to
{ Deleted: or Captain
Termination of Dues Deduction Card will be forwarded to the Union's Secretary-
Treasu rer
The City will be obligated to remit to the Union only those sums deducted as dues
and assessments from the Union member's paycheck and will not be liable for
damages to the Union, any individual employee; or other person for failure to deduct
any authorized sum for any reason
Section 2. Negotiating Team.
Four (4) members of the Union negotiating team (or a number equal to the size of
the City's negotiating team, if larger) shall be allowed time off with pay in order to attend
negotiating meetings mutually set by the employer and the Union when such meetings
occur during the regularly scheduled working time of the employees.
All negotiations shall be conducted exclusively between the designated bargaining
representatives of the City and the Union. Neither party shall make any effort to bypass
such representatives of the other party during collective bargaining for a new contract
unless an impasse exists as defined in Section 174.152 of the Texas Local Government
Code, `v.T.C,A.
Every effort will be made to begin negotiations sixty (60) days prior to the end of the
contract term specified in Article XVI, Section 1 of this Agreement. Negotiations will be
considered at impasse if said negotiations extend beyond that term unless extended by
Agreement.
Section 3. Union Activities.
The Union may schedule small committee meetings pertinent to Union business on
Fire Department property insofar as such meetings are not disruptive of the duties of the
employees, or the efficient operation of the Fire Department, provided however, that
permission for such meeting shall be obtained in advance from the Fire Chief or his
designated representative. Union members or employees may conduct voluntary fund
raising activities during working time, at their work location so long as the conduct of such
business does not interfere with their duties as employees and advance permission of the
Fire Chief for such volunteer work has been sought by the sponsoring organization, and
granted, and the Chief has given permission to the Union for such activity.
Section 4. President's Time Off.
in December of each year, the Association President may choose to be relieved of
duty for the following year to perform Association duties. Written notice of the Association
President's intent must be sent to the Fire Chief by the 20th of December. On August 1 of
each year, if the Association President has chosen to be relieved of duty, each member of
the bargaining unit shall contribute four (4) hours of personal leave to offset the
Association President's base pay. The City shall continue to pay all benefits the
5
Association President is entitled to receive. The period during which the Association
President is relieved of duty shall not constitute a break in service. In the event of an
emergency, the Chief may order the Association President to report for duty as assigned
by the Chief
Section 5. Other Union Functions.
No Firefighter shall be refused reasonable leave of absence without pay, provided
that a sufficient number of employees to carry out the normal functions of the department
shall be provided, for the purpose of attending any fire school, conventions, or meetings
the purpose of which is to secure a more efficient department and better working
conditions for the personnel thereof.
The President of the Union and three (3) elected delegates shall each be allowed
three (3) shifts off with pay each year of the contract term to attend the Union's state
convention and a like number of shifts off with pay to attend the national convention. In
addition. the President of the Union or his designee if the President is not available, will be
allowed to attend, with pay, eight (8) regularly scheduled Union meetings per calendar
year, not to exceed four (4) hours per meeting. In addition, two (2) pension trustees will be
allowed two (2) shifts each with pay per calendar year to attend the state pension seminar
approved by the Fire Chief. Travel expenses, food, lodging, etc. shall not be bome by the
City. Any delegate leave days provided for in this paragraph and not used for attendance
at the Union's national and state conventions, may, upon the Union's request, be used for
attendance at seminars or training sessions during each year of the contract term.
In addition to the delegate leave days granted by the preceding paragraph, if any
Firefighter is elected to a position on the Union's state or national executive board, that
Firefighter shall be allowed three (3) shifts off with pay to attend the state and national
conventions
Section 6. City Facilities.
The City facilities which are available to private organizations on a rental basis shall
be made available to the Union under the same conditions that they are made available to
other nonprofit organizations.
Section 7. Access.
Subject to prior notification to and approval from the Fire Chief or next highest
ranking officer, the Union President or his appointee shall have the right to visit the
premises of the Fire Department for purposes of administering this agreement. Visits shall
be conducted in a manner and at a time as not to interfere with the functions of the
department. Such approval of the Chief shall not unreasonably be withheld.
Section 8. Orientation.
26
Neither the City nor the Union will attempt to use Fire Department academy training
to solicit or discourage Union membership
During any portion of the Fire Department academy training devoted to explanation
of Firefighters' rights and duties under this contract, a representative designated by the
President of the Union shall assist the City's representative in explaining the contract.
Section 9. Action Outside City Limits.
A Firefighter who is ordered outside the City limits on any mission of the Fire
Department shall be deemed to be in the line and in the course of his duty as a paid
Firefighter and public safety officer for all purposes.
Section 10. Notification of Promotion.
Any employee promoted to a higher classification shall be notified in writing within
twenty (20) days from the date of promotion
Section 11. Parties to Select Their Own Representatives.
Both the City and the Union shall be entitled to select persons to represent them as
members of the negotiating team, and to represent them on grievance and arbitration
matters and in other proceedings; provided, however, that the City shall not select any
employee of the Fire Department holding a rank below Assistant Chief, and the Union shall
not select any employee of the Fire Department holding a rank abovegattalion Chief. _ __
Section 12. Contract Administration.
On duty veining and/or orientation for all employees within the bargaining unit shall
be conducted to inform such employees of their rights and obligations under this
agreement,
ARTICLE VIII
MANAGEMENT RIGHTS
Section 1. Management Functions.
The Union recognizes that the City has statutory and Charter rights and obligations
,n matters relating to municipal operations. The City and the Chief shall retain all rights and
authority to which by law they are entitled. It is understood by the parties that every duty
connected with operations enumerated n job descriptions is not always specifically
?7
Deleted: District Chief j
{ Deleted: T
Deleted: , which shall occur on duty
- take this out
Deleted: Training and informational
sessions for all employees will be
conducted jointly by the City and the
Union. Attendance at such training
will be mandatory and if such
sessions are scheduled at the time
when the employee would otherwise
be off duty, the employee shall be
considered called back on duty to
attend such session.
described, and the job descriptions are simply general guideline descriptions and are not
specific descriptions of all duties which employees are required to perform. Except as
provided in this agreement, the City retains the right to operate and manage its affairs in all
respects
It is understood that the City has the right to establish departmental rules of
procedure; to discipline or discharge for cause; to determine work schedules and
assignments. and to establish methods and processes by which work is to be performed,
all subject to applicable statutes, the City Charter, Standard Instructions, rules and
regulations and standing orders, and this contract.
The City reserves the right to use civilians in the Fire Department to perform duties
which do not require a certified Firefighter. The scope of such duties may include EMS
administration, communications, informational systems, records, clerical support, and
maintenance. Civilians performing such duties are not subject to the terms of this
agreement. The City will be allowed a reasonable time to train civilians to assume these
duties
Section 2. Rules and Reuulations.
The City recognizes the responsibility of management to reduce Standard
Instructions, rules and regulations and standing orders to writing and to maintain the same
at each station in order to achieve a uniform interpretation and application of such
directives and regulations, within the contract year.
Section 3. Noninterference With Personal Lives.
A. The City will not publish, make or enforce any regulations or directives which will
interfere with the personal lives or off -duty activities of employees, except to the
extent that such regulations are related to their employment. This section will not
supersede the rules and regulations of the Civil Service Commission.
B. Firefighters may reside outside the city limits. Firefighters shall, however, reside in
such a location as to be able to reach City Hall within sixty (60) minutes by traveling
in an automobile at posted speeds in ordinary weekday traffic.
ARTICLE IX
EMPLOYEE SELECTION AND PROMOTION
Section 1. Orientation for Firefistfter I1 Drivers and Captains.
All new Firefighter II Drivers and Captains who are promoted to these ranks shall be
given a thorough orientation consisting of the responsibilities accompanying such ranking.
This orientation shall include, but not be limited to: hydraulics, driving laws, safety
arocedures, responsibilities of the job, leadership in the fire service, and report writing
28
(including all forms used within the Fire Department). The orientation shall be conducted
by members of the Training staff and shall not be part of the promotional procedure nor
shall be construed to be part of the final promotional grade. The orientation shall be
conducted prior to the assignment of the newly promoted employees to their new
positions. Attendance at such orientation shall not break a cycle for FLSA overtime pay
purposes.
Section 2. Promotional Examinations for Firefighter 11 and Captains.
A. Examinations for Firefighter II and Captains shall be conducted entirely as
provided by Chapter 143 and the grading methods and establishment of the
eligibility roster shall also be conducted entirely as provided by Chapter 143,
except as provided in Article IX of this contract. Separate exams for Firefighter II
Assigned Truck Driver and Firefighter II- Assigned Emergency Medical Service
shall be administered.
B. All Firefighters hired after July 31, 1996, will be required to serve a minimum of
two (2) consecutive years as a Firefighter II /EMS on the ambulance or eight (8)
consecutive years as a Firefighter I, prior to becoming eligible to take the
examination for promotion to Firefighter II /Engineer.
C. All Firefighters must serve either a minimum of two (2) consecutive years as a
FFII /EMS or FFII /Enq prior to becominq eligible to take the examination for
promotion to Captain.
Only those Firefighters with paramedic certification will be eligible to take the
Firefighter j)-Assigned Emergency Medical Service exam and be promoted { Deleted: i
accordingly. The Firefighter II- Assigned Emergency Medical Service roster shall
be used for Emergency Medical Services only.
Deleted: , prior to becoming eligible
to take the examination for promotion
to Firefighter II/Engineer or Captain.
Section 3. Other Certification Requirements for Promotion To Rank of Captain.
li Firefi hters hired rior to Ma 2000 who have ever served as a Firefi hter II forte .
•pore than two (2) consecutive years and who have not terminated their employment with
the department at any time, will be eligible to take the Captains exam without paramedic
! certificatign requirements. This rgguirement does not relieve the firefighter of any other
EMS certification requirement described in this agreement.
AI Firefighters hired after May 2000, who have ever served as a Firefighter II for.--
-nore than two 21 consecutive years, and who have not terminated their employment with
he department at any time, must be certified paramedics to be eligible to take the
Captains exam Once promoted to the classification of Captain, said employees must
maintain the paramedic certification for onej1) additional required recertification, or four
29
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line: 0.5"
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Strikethrough
Formatted: Font: (Default) Arial
Formatted: Justified
Formatted: Justified, Indent: First l
line: 0.5"
L4) years, which ever is longer. Failure to maintain said certification shall be grounds for
discjpiinary action up to and including demotion or indefinite suspension.
Section 4. Appointment of the Chief and Assistant Fire Chiefs.
A Promotion to the classification of Deputy Chief shall be exempt from competitive
examination, and, instead, shall be made by appointment by the Chief, at the Chiefs
discretion. Promotion to the classification of Deputy Chief shall be made from the
classifications of Assistant Fire Chief or ,(3attalion Chief. The change in this section
to Deputy Chief from First Assistant Chief is only a change in the title of the
classification and it is agreed that no vacancy, new, or additional positions is
created in the Fire Department nor is such intended
Beginning August 1, 1990, the first two (2) position vacancies in the Assistant Chief
rank shall be designated as exempt from competitive examination and, instead,
shall be made by appointment by the Chief, at the Chiefs discretion. These
positions shall be called Assistant Chief A and Assistant Chief B and shall
Henceforth be filled by appointment of the Chief. Promotion into these positions
shall be made from the classification of ,Battalion Chief. The remaining Assistant
Chief positions shall be filled by competitive examination as described in Article IX,
Section 9 of this contract. It is understood and agreed that the inclusion of this
provision in the agreement is not a waiver by the City, the Chief or the Association
of any interpretation of the prior agreement. Further, the parties understand and
agree that the continued inclusion of this section of the contract does not prevent
either party from asserting a claim alleging a violation of this section nor does the
nclusion prevent a defense to such claim
Section 5. Probationary Period for New Employees.
A new employee in the Fire Department shall serve a probationary period of
eighteen (18) months which shall begin with the date of first employment unless extended
to obtain initial Paramedic Certification as per Article I #16. During the probationary period,
such employee may be discharged at the discretion of the Chief, without appeal to
arbitration, to the Commission, or to any court. All Firefighter Trainees shall become
immediately eligible for participation in the Corpus Christi Local Firefighters' Pension
System as of the original date of employment. When the employees have completed the
probationary period, they shall automatically become a full - fledged Civil Service employee
and shall have full Civil Service protection as specified by Chapter 143 and this contract.
In addition to insurance, sick leave, vacation, and holidays, it is understood that
upon graduation from the Academy or being tumed to duty and becoming a Firefighter I,
Firefighters shall receive the following: (a) 100% of the uniform allowance, (b) longevity
pay, (c) Firefighter Basic certification pay, and EMT Certification pay, if certified, (d)
Paramedic Certification pay upon approval of the Corpus Christi Fire Department Medical
Director and (e) supplemental insurance. After completion of the probationary period
30
Deleted: Before becoming eligible to
take the promotional examination for
the classification of Captain, all
Firefighter II (hired after May, 1985)
must be certified paramedics. Once
promoted to the classification of
Captain, said employees must
maintain the paramedic certification
for one (1) additional required re-
certification or, four (4) years, which
ever is longer. Fatlure to maintain
said certification shall be grounds for
disciplinary action up to and including
demotion or indefinite suspension!!!
All Firefighters hired prior to May
Deleted: 1985
J
Deleted: 2000, who have ever
served as Firefighter II for more than
two (2) consecutive years and who
have not terminated their employment
with this department at any time, will
be eligible to take the Captain
promotional examination without the
paramedic certification requirement.) 1
Deleted: District Chief
Deleted: District Chief
Firefighters will receive 100% of all benefits specified in this contract to which they are
entitled
For promotional purposes, the effective date of the promotion indicated on the
official City document (Form 12) will be used to determine the classification of Firefighter to
meet eligibility requirements.
Section 6. Corrections to Entrance or Promotional Examination Questions.
The Civil Service Director shall have authority within five (5) days of the date of the
examination to recommend to the Civil Service Commission changes to entrance or
promotional examination questions where clerical errors in compiling the test questions
have been discovered, or where a question arises as to general accuracy. This does not
restrict the Firefighter from appealing questions to the Civil Service Commission.
Section 7. Posttnsa and Administration of Promotional Examinations.
A listing of materials from which promotional examination questions are taken shall
be posted annually each January for examinations administered within the one year period
beginning the following April. Such materials shall be available at least thirty (30) days
prior to the examination date.
Section 8. Admiinistration of Entrance Examination.
Entrance examinations may be administered at any time to qualified groups or
individual applicants consistent with public posting requirements of Chapter 143. All
applicants passing the written examination, oral examination, psychological examination,
medical examination, strength and endurance examination, and any other exams deemed
necessary by the Chief shall be ranked upon the eligibility list for Firefighter Trainee based
upon composite scores posted simultaneously. Such eligibility list shall be valid for a
period of twelve (12) continuous calendar months from the date of original posting.
Applicants who fail will be required to wait one (1) year before taking the test again.
Section 9. Promotional Procedures for the Rank of .Battalion Chief mid Assistant - -{ Deleted: pishict Chief
Chief.
Captains shall have two (2) continuous years in rank before becoming eligible to
compete for a j3ajtalion Chief vacancy. The classifications of attalion Chief and Assistant
Chiefs not appointed at the discretion of the Chief shall be filled by a promotional
examination procedure consisting of two (2) parts as follows:
A. Written Examination
1 ` The written examination shall consist of questions relating to the specific duties of
the position to be filled. The written examination shall have no specific failing score
but will provide a ranking of participants from high to low score. In the event that
31
1
written examination scores are the same, the earliest time for submitting the
examination form to the test administrator for grading shall determine respective
standings. Only the highest ten (10) participants shall be allowed to continue on to
the next phase of the examination process (Assessment Center examination).
The posting of the results of the written examination shall contain only the names of
the top ten (10) scoring applicants. in alphabetical order. Individual scores will be
given to the employees but will not be posted.
B. Assessment Center
1) The Assessment Center shall consist of six (6) persons from outside the Fire
Department holding administrative level positions in a Fire Department operating in
a city of 100,000 or more population shall be selected to serve as assessors.
At least two (2) of the Fire Administrators must be from outside the state of Texas.
All Assessors shall be chosen by the Director of Human Resources. Both the Chief and the
Association President or his /her representative must approve the selections and must
keep the list confidential. The Association member appointed to approve the list must not
be a candidate for the promotional exam for which the list of assessors has been
developed. If any individual on the list is not approved, a reason for the failure to approve
and an alternate name must be submitted to the Director of Human Resources within five
5) days. No more than two (2) names can be struck from the list by either the Chief or the
Association.
f2} The Assessment Center Examination date will be posted on the same day the
written test announcement is posted. A brief explanation of the center exercises
shall be posted at least three (3) days prior to the written test. Assessors shall be
trained for a minimum of eight (8) hours in the methods to be used in administering
the test. All candidates will be given the opportunity to attend a classroom
orientation concerning the assessment center process. The orientation will include
general information concerning the exercises they will be taking during the
assessment process. The assessment center process shall include at least three (3)
exercises.
3 Feedback shall be provided to each candidate in a "feedback" session by the
assessment center coordinators. The purpose of this session will be to provide each
candidate with his score, what areas he excelled in, what areas he did poorly in,
and what he might do to improve his performance in the future.
4) The results of the Assessment Center examination shall be binding for one (1) year
and, with the exception of fraud, shall not be appealable to the Civil Service
Commission or to arbitration.
v. Eligibility Lists.
1) Within forty eight (48) hours, excluding weekends and holidays, of the conclusion of
the entire assessment center process an eligibility list shall be prepared and posted.
Each eligibility list shall reflect the ranking of all applicants based on the following
weights:
12
a Written examination scores 40%
b Assessment Center Board examination score 60%
100%
Plus one point for each year of service in the department
up to a maximum of ten points 10 points
110 points
Such eligibility list shall be valid for a period of twelve (12) continuous months from
the date of final posting or until the list is exhausted.
Section 10.
The Civil Service Commission may adopt procedures for testing personnel on
military Ieaae, which may dispense_ with the assessment center for all participants, with
input from the HR Department and the Association.
Section 11. Alternative Hiring.
The provisions of this section are discretionary on the part of the Chief and may not
be used to compel the City to hire any individual or to make an appointment where no
vacancy exists. Despite any provisions of state law including Chapter 143 to the contrary,
the provisions of this section shall prevail.
A. Alternative Hiring Program. The Chief, without regard to the existence of or
requirement for any eligibility list for beginning positions in the Department,
may appoint applicants to beginning positions in accordance with this
alternative hiring process. Each applicant must have: (1) a current Firefighter
Basic certification; and (2) a Paramedic Certification.
Each applicant must successfully complete entry requirements, including a
medical examination, a physical fitness examination, a written examination, a
background investigation, a panel interview (panel to be appointed by the
Chief) Drug test, and any other current eligibility requirements deemed
appropriate by the Chief.
Applicants who are appointed must successfully complete an academy
specifically designed for applicants hired in accordance with this alternative
hiring process.
The Chief, in his sole discretion may deny the application of any applicant at
any time. Such decisions shall not be subiect to the Grievance procedure in
this Agreement.
The beginning salary of employees appointed under this alternative hiring
process shall be equal to the Starting Firefighter I salary. These employees
shall be treated as new employees for all purposes including seniority,
benefits and probation.
B. This provision shall be for the term of this agreement and not be subject to
extension under Article XVII, except to the extent necessary to complete a
hiring process which has been initiated during this contract, and which
process has proceeded through administration of the written examination.
ARTICLE X
GRIEVANCE PROCEDURE
Section 1.
The purpose of this grievance procedure is to establish an effective method for the fair,
expeditious and orderly adiustment of grievances, and is exclusively for contract
grievances. A grievance is defined as any dispute, claim, or complaint involving the
nterpretations, application or alleged violation of any provisions of this Agreement. The
Union or any bargaining unit member may file a grievance under the terms of this
Agreement. Each grievance shall be submitted on a form attached hereto as Appendix "G"
agreed to by the parties and must include: (1) a brief statement of the grievance and the
facts or events on which it is based; (2) the sections(s) of the contract alleged to have
been violated; and (3) the remedy or adiustment sought, and the bargaining unit members
signature or if filed by the Union, the signature of the Grievance Committee Chariman or
local Association President.
Section 2.
Grievance Procedure:
Step 1
An employee who is aggrieved should informally seek to resolve a grievance with his /her
supervisor. in order for the City to have notice and an opportunity to correct anv
unintentional acts or conduct not consistent with this Agreement.
Step 2
An employee who is aggrieved must file a grievance with the Union Grievance Committee
within ten (10) calendar days of the date that the Firefighter knew or should have known of
the facts or events giving rise to the grievance. A copy of the notice of receipt of the
grievance shall be forwarded to the Fire Chief or his designee by the Union Grievance
Committee within three (3) calendar days of receipt of the grievance. The Union
Grievance Committee shall within fifteen (15) calendar- days of receipt of the grievance,
determine if a Valid grievance exists. If the Union Grievance Committee determines that
;4
no valid grievance exists, it shah notify the Fire chief or his designee that no further
proceedings will be necessary. If the Union Grievance Committee determines that the
grievance is valid, it shall process the grievance on behalf of the Firefighter(s) by
forwarding the written grievance to Step 3 of this procedure.
Step 3
Any grievance found to be valid by the Union Grievance Committee shall be submitted to
the Fire Chief within ten (10) calendar days of the Step 2 ruling. After receipt of the
grievance. the Fire Chief shall, within fifteen (15) calendar days of receipt of the grievance
submit his response in writing to the Union Grievance Committee.
Step 4
If the grievance is not resolved at Step 3, the Union shall have ten (10) calendar days
following its receipt of the decision of the Fire Chief, to submit the grievance to the City
Manager. The City Manager shall within twenty five (25) calendar days of receipt of the
grievance submit his response in writing to the Union Grievance Committee.
Step 5
If the grievance is not resolved at Step 4, the Union shall have ten (10) calendar days from
receipt of the City Manager's decision to submit the matter to arbitration. The arbitration
procedure will be implemented by the Union notifying the City Manager in writing of their
intent to submit the grievance to arbitration.
Step 6
If a grievice is submitted to arbitration, the City and the Union may, within five (5)
calendar days of such request, mutually agree to a neutral arbitrator. If the parties are
unable to agree on such an appointment, the City or the Union shall, within five (5)
calendar days, request a list of seven (7) arbitrators from the American Arbitration
Association or the Federal Mediation and Conciliation Service. Within ten (10) calendar
days following receipt of the list of arbitrators, the parties shall select an arbitrator by each
party in turn striking one (1) name from the list until only one (1) name remains. The
remaining individual on the list shall serve as the arbitrator. The arbitrator so selected
shall, throuah the agency selected, be promptly notified of his selection and the parties in
agreement with the arbitrator shall select a time, place and date for the hearing of the
grievance.
?a) Within thirty (30) calendar days after conclusion of the hearing, the
arbitrator shall issue a written opinion and ruling with respect to the
issues presented, a copy of which shall be mailed or delivered to the
Union and the City.
35
b) With respect to the application, interpretation and enforcement of the
provisions of this Agreement the decision of the arbitrator shall be final
and binding on the parties to this Agreement. It shall be the
Association's burden of proof to establish the facts and merits of the
Grievance.
c) The arbitrators authority shall be limited to the interpretation and
application of the terms of this Agreement and/or any supplement
thereto. The hearing on the arbitration shall be informal and the strict
rules of evidence or pleadings shall not apply. The arbitrator shall have
no iurisdiction or authority to establish provisions of a new agreement.
The arbitrator shall not have the power to add to, subtract from, or
modify the applicable provisions of this agreement in arriving at a
decision on the issue or issues presented but shall confine his decision
to the interpretation, application or enforcement of this agreement as
applicable to the facts and circumstances presented. The arbitrator
shall confine himself to the issues submitted for arbitration, and shall
have no authority to determine any issue not submitted to him.
If a transcript of the proceedings is requested, then the party so
requesting shall pay for such transcript, unless otherwise agreed to by
the parties. The losing party shall pay all the fees and expenses of the
arbitrator. The arbitrator shall designate the losing party for purposes of
this paragraph, and may find that both parties lost in part and apportion
fees and expenses accordingly.
Each party shall be responsible for the cost of the attendance of its
witnesses at a contract grievance hearing. Nothing in this agreement
shall prevent the Association from charging non - members a reasonable
fee and expenses for representation, in accordance with its by -law and
other applicable law.
f) For the purpose of this Article only, if the final date of any response
and /or filing period falls upon a City holiday (observed date), Saturday
or Sunday, then the due date will fall on the next business day.
All time limits set forth in this Article may be extended by mutual consent, but if not so
extended they must be strictly observed. Failure of the Union or the grievant to comply
with the time limits set forth will serve to declare the grievance settled and no further action
may be taken. Failure of the City to respond within the time limits shall constitute a denial
of the grievance and the grievant (Union) may proceed to the next step.
56
It is specifically and expressly understood that filing a grievance under this Article that has
as its last step final and binding arbitration, constitutes an election of remedies and any
appeal of an arbitrator's decision in this procedure shall be strictly and solely limited to the
grounds that the arbitrator exceeded his or her authority and jurisdiction as provided under
this Agreement, that the decision of the arbitrator was procured by fraud or collusion or
that the arbitrators decision is based upon a clear and manifest error of law.
Section 3. Civil Service Appeals.
Ail appeals of Firefighters' disciplinary matter, promotional passovers,•1
recommended demotions or other issue, heretofore heard by the Civil Service Commission
or Hearing Examiner as provided in the Texas Local Government Code, Chapter 143, shall
continue to be so heard and with all rights of appeals as provided in the Texas Local
Government Code, Chapter 143, et seq., Vernon's Texas Codes Annotated, as amended,
as modified by Article XI of this Agreement and are not subject to the contract grievance
procedure.
Section 4. Appeals From Promotional Bypass.
An employee who is bypassed for promotion pursuant to Chapter 143, Section
143.036, may appeal such decision to arbitration within ten (10) days of receiving written
iotice thereof The notice of bypass shall state the Chief's reasons for such bypass. The
employee's appeal shall be in writing and shall be filed with the Director of Human
Resources. Said appeal shall be decided by one (1) arbitrator chosen in accordance with
this policy. The City and the employee shall share equally the arbitration fees and
expenses, except where the Union represents the employee it shall pay his share. With
respect to promotional bypass. the employee shall have such right to appeal the
arbitrator's decision to district court as le is given it Chapter 143 to appeal the
Thmmission`s decision and no greater right
Section 5. Duration.
This Article shall be in effect for the term of this agreement and shall not be subject to
extension under Article XVII, except to the extent necessary to complete a Grievance
which has been initiated during this contract, and which process has proceeded through a
request for Arbitration. If this provision expires before a new contract has been reached,
the Grievance Procedure in Article 10 of the prior agreement, dated 2003 -2005, shall be
- einstated.
ARTICLE XI
APPEALS FROM DISCIPLINARY ACTIONS
Formatted: Indent: First line: 0.5"
Deleted: Section 1. Scone of
Grievance Ptocadurell
Any disputes or grievances which
may arise between the City and the
Union or an individual employee shall
be resolved as provided in the
following grievance procedure,
excepting only those disputes
remaining within the jurisdiction of the
Civil Service Commission as created
by Chapter 143 or Article XI of this
contract)
Section 2. Right to Present
Grievance: Union Reorssentation.¶
Any employee may present a
grievance to the City on a form
provided by the City and such
grievance will be processed in
accordance with the grievance
procedure outlined herein. When
requested by the employee and
agreed to by the Union, the Union
may represent and act for the
aggrieved employee at all levels of
the grievance procedure.¶
Class Action Grievances. Grievances
affecting two (2) or more members of
the bargaining unit shall also be
processed in accordance with the
procedure outlined herein!!!
Section 3. Procedure for Handling
Grksvances.A
Stag
Within ten (10) calendar days of the
incident giving rise to the grievance or
within ten (10) calendar days of
constructive knowledge of the event
the employee shall file a written
grievance with the Fire Chief. The
written grievance shall be filed on the
Grievance Fomi provided by the City
and shall contain the following
information:¶
(1) A statement of the grievance
and the facts upon which it is based;¶
(2) Shall point out the provisions of
the agreement considered applicable
or alleged to have been violated, if
any; and where prevailing rights or a
past practice is a basis of the
grievance, the specific right or
practice must be identified;¶
(3) Shall state the remedy or
adjustment sought; and
(4) Shall be signed by the aggrieved
employee.¶
The Fire Chief or Deputy Chief shall
meet with the employee, discuss the
grievance, and shall respond in
writing within ten (10) calendar days
after receiving the grievance. The
written response at this step, and the
management responses at all steps
thereafter, shall contain the following
information
(1) An acceptance or rejection of the
facts upon which the grievanc
A Notwithstanding the provisions of Chapter 143 of the Local Government Code or
any other provisions of this contract, the Chief shall have the authority to suspend
an employee for a period of time not more than thirty (30) calendar days with said
suspension subject to appeal. Appeals by an employee from a demotion, temporary
suspension, or indefinite suspension under Chapter 143 shall be determined by the
arbitration procedure provided herein, rather than by the Civil Service Commission.
Nobvithstandinq Texas Local Government Code Section 143,036(a), the issuance
of eet indefinite suspension statement under Texas Local Govemment Code Section
143.052(b) shall not constitute a vacancy and no vacancy will result therefrom until
all appear are final or 30 days from the date of issuance if there is no appeal.
Investigations of complaints against employees shall be conducted following current
policies and practices. The parties agree that the provisions of this Article satisfy
Texas Government Code §614.021(b) and that the provision herein control and
prevail over Subchapter B of Texas Government Code Chapter 614 pursuant to
Texas Local Government Code 174.006.
Disciplinary action may be taken against a Firefighter within six (6) months of the
discovery by the Chief of conduct by the Firefighter which would constitute a felony
and not thereafter. Provided that such limitation shall not prevent disciplinary action
against a Firefighter based upon his conviction for any such crime notwithstanding
that discovery of the conduct on which the conviction is based occurred more than
six (6) months before the disciplinary action. Provided further that no disciplinary
action may be taken for conduct on which the criminal statute of limitations has run,
regardless of the date of discovery.
Prior to any such disciplinary action, the employee shall be given written notice of
contemplated disciplinary action, stating the action or actions contemplated and the
reasons therefore, and notifying the employee that he may rebut the charges to the
Chief, either orally or in writing, within a reasonable time, which time shall be stated
in the notice.
D. After the notice and opportunity for rebuttal provided in the preceding paragraph,
the Chief may demote, suspend or terminate an employee by personal service on
the employee of a written statement of charges. If the Chief should be unable to
secure personal service after due diligence, service may be made by mailing it to
the employee by certified mail, return receipt requested, in the mail addressed to
the employee's last known address, along with delivery of the statement to the
Association. Proof of such service shall be sufficient to support any disciplinary
action.
E. A copy of such statement, along with a copy of the notice of contemplated
disciplinary action, shall be promptly filed with the Director of Human Resources of
the City.
The written statement shall point out the particular rule or rules alleged to have
been violated by the employee and the specific act or acts alleged to be in violation.
Said statement shall inform the employee that he has ten (10) days after receipt
thereof to file a written appeal with the Director of Human Resources. If alternate
38
service is had as provided herein, the employee shall then have ten (10) days from
service upon the Association.
Appeal from suspension, termination or demotion shall be decided by one (1)
arbitrator selected according to this contract,
Upon receiving an appeal from an employee, the Director shall act immediately to
notify the Association and the Chief of the appeal to arbitration. The employee and
the City (the parties) shall attempt to mutually agree on an arbitrator. If the parties
fail to agree on an arbitrator within ten (10) days after the appeal is filed, the
Director shall immediately request a list of seven (7) qualified neutrals from the
American Arbitration Association. The parties may mutually agree on one (1) of the
seven (7) neutrals. If they do not so agree, the parties shall alternately strike the
names on the list within five (5) working days after receipt of the list, and the
remaining name shall be the arbitrator. All parties shall act to complete the selection
process at the earliest possible date. The arbitrator shall be immediately notified of
nis selection.
The hearing shall be commenced within such reasonable time as the arbitrator
selected can be scheduled. If the arbitrator selected cannot commence the hearing
within sixty (60) days from his selection, either party may within two (2) days of so
?earning, call for selection of a new arbitrator, and if the parties cannot agree upon a
substitute within one (1) day of so learning, another arbitrator shall be selected from
a new list of seven (7) names immediately requested from the American Arbitration
Association, according to the procedure set out herein. The hearing shall be
scheduled so that it can be completed without break, in consecutive calendar days
excluding weekends and holidays). The arbitrator shall make an award within thirty
30) days of the close of evidence in conventional arbitration hearings. Post hearing
briefs shall only be permitted in conventional arbitration hearings, and must be
mailed to the arbitrator within seven (7) days of the close of evidence at the hearing.
A stenographic transcription of the proceedings shall be made only upon written
agreement of the parties prior to the commencement of the hearing. Should there
be no agreement, the party desiring the transcript may have the transcript made at
is sole expense.
The award of the arbitrator shall state which particular factual charges he finds to be
true, if any, and the particular rules he finds such conduct to have violated, if any.
Where the charges are upheld, the award shall state whether the discipline imposed
is upheld. or whether some lesser discipline is substituted. An employee shall be
entitled to recover backpay for any part of a suspension not upheld by the arbitrator.
) he following rules shall govern the conduct of hearings under this section, and of
certain preliminary matters:
a) Upon request of either party addressed to the opposing party at (east two (2)
days prior to the date of hearing, the parties shall exchange the names of
witnesses expected to be called at the hearing. Upon failure of a party to
disclose such witnesses, the arbitrator may exclude their testimony.
:9
(2) The arbitrator shall have the power to subpoena witnesses, records, and
other evidence. Prior to the hearing, the Director of Human Resources shall
issue subpoenas requested by the parties in the name of their arbitrator. A
party may apply to the arbitrator to quash a subpoena so issued.
3} In all hearings under this section, the burden of proof shall be upon the City.
41 The parties, in writing, may request discovery from each other conceming the
case. Should the other party not agree to provide the requested information
within three (3) days of the request, the request, shall be deemed denied.
The requesting party may then apply to the arbitrator, who shall order such
discovery as appropriate to the nature of the case, subject to rules of
discovery in Texas civil cases. In considering the application, the arbitrator
shall consider the burden and expense of producing the information, the
need of the requesting party, the amount of time available prior to the
hearing, and such other matters as he may deem material. In no event shall
discovery be permitted to delay the hearing, and in no event shall discovery
be requested within three (3) days prior to the hearing.
5'. All hearings shall be public unless it is expressly agreed in writing by the
parties that the hearing shall be closed to the public. In any event, the final
decision of the arbitrator shall be public, although public announcement may
be reasonably delayed upon request of the parties.
6 Unless otherwise provided in this contract, the conduct of the hearing shall
be governed by the rules of the American Arbitration Association.
M. The Arbitrator shall have all powers vested in the Commission under Chapter 143,
and the Commission Rules, with respect to suspensions, terminations, and
demotions, except the power to amend such rules.
N. Any notice or statement required to be filed by the Fire Chief or the employee in a
disciplinary proceeding under Chapter 143, under Commission Rules, or under this
contract, shall be filed with the Director of Human Resources of the City.
With respect to terminations, temporary suspensions, and demotions, the employee
shall have such right to appeal the arbitrator's decision to district court as he is
given in Chapter 143 to appeal the Commission's decision, and no greater right.
Unless otherwise provided in this contract, in cases of conflict, the provisions of this
contract will control over Chapter 143. Civil Service Commission Rules, and
American Arbitration Association Rules; and Chapter 143 and Civil Service rules
promulgated pursuant to it shall control over American Arbitration Association rules.
Q. The City and the aggrieved employee shall share equally the fees and expenses of
the arbitration. Where the Association represents the employee, it shall share
equally the arbitration fees and expenses with the City. Nothing in this agreement
shall prevent the Association from charging non - members a reasonable fee and
expenses for representation, in accordance with its by -laws and other applicable
aw,
40
All hearings which are expected to be completed in one (1) day shall be submitted
for expedited arbitration. On all other hearings, the parties may agree to request expedited
arbitration.
R. Any deadline or time restrictions set out in this contract with respect to disciplinary
proceedings may be modified by written agreement of the parties. However, neither
party may be compelled to waive its right to insist upon the deadlines and time
restrictions provided by this Contract
S. Suspensions by Agreement The Chief may suspend an employee for a period of
time not more than sixty (60) calendar days provided that the employee agrees in
writing to the suspension. The employee shall have no right to appeal such agreed
suspension or to make it the subject of a grievance and no administrative or judicial
body shall have the power to review such a suspension or to alter the terms of the
agreement.
ARTICLE XII
HEALTH & WELFARE
Section 1. Labor - Management Committee.
The City and the Union, having recognized that cooperation between management
and employees is indispensable to the accomplishment of sound and harmonious labor
relations, shall jointly maintain and support a Labor Relations Committee. The Labor -
Management Committee shall consider, discuss, and recommend to the Chief or the City
any problems pertaining to the employment conditions of employees. The Union shall
designate its representatives. The City shall designate its representatives. The Labor -
Management Committee shall meet quarterly or at the call of either the Union members or
the City members at times mutually agreeable to both parties.
Section 2. Identiation Cards.
The City shall furnish all Firefighters identification cards bearing the member's
name, photograph, rank. employee number, and containing a space for the signature of
the member.
Section 3. Health Insurance and Life Premiums.
A. The City agrees to provide one or more group health plans for firefighters.
i Effective September 1, 1994 no employee covered by CitiCare Fire may
select health insurance coverage of any other plan offered by the City.
Employees covered by Humana or Plan II may select coverage under
CitiCare Fire during open- enrollment.
2) Bi- weekly premium costs for CitiCare Fire as of August 1, 2005 are as
follows:
aj
Employee Cost City Cost
Employee V8.91 $,101.51
Employee& Spouse $121.99 $,,186.37
Employee & Children $10642 $,169.02
Employee & Famil>< $,176 .17 $38.76
When the Benefits Manager for the City, applying reasonable and prudent fund -
management principles, determines that an increase in premiums is necessary resulting
from a comparison of premium revenues versus insurance claim costs and projections, the
increase in premium costs shall be shared on an equal basis by the City and employees
(50% City - 50% employee). Premium increases for CitiCare Fire will be based exclusively
on the performance of CitiCare Fire as a separate group No increase in premiums shall
take effect until the Union is notified in person and in writing. A minimum of thirty (30) days
notification of the pending increase and the reasons for the increase shall be given. City
records documenting the need for the increase will be made available to the Union in a
reasonable and timely manner upon request.
(3) The City retains the right to negotiate with medical providers for benefits and
coverage under CitiCare. The City agrees that the Firefighters under CitiCare
Fire shall be able to utilize the preferred provider program negotiated by the
City for CitiCare at the rates negotiated, with coverage provided in the
CitiCare program as revised from time to time. Firefighters covered by
CitiCare Fire shall have the following deductibles, co -pays and maximums:
A $100.00 individual annual deductible ($300.00 maximum per family).
B 85% (City) 15% (employee) co -pay after the deductible is met for
services provided by CitiCare's preferred provider.
C 80% (City) - 20% (employee) co -pay for services provided outside the
CitiCare network in an emergency situation or services provided
outside the network as the result of referral by a CitiCare provider.
C 70% (City) - 30% (employee) for services provided outside CitiCare's
preferred provider net -work system other than those in Section C.
E $525.00 annual out -of- pocket maximum per employee or dependent
$1,575.00 per family (exclusive of the deductible amounts, subject to
the lifetime maximum benefit in the CitiCare Fire Plan)
4J The City retains the right to withdraw from the Humana Health Plan.
B. Retiree Health Insurance Coverage
i1)
Employees who retire under conditions of disability in accordance with the
Corpus Christi Firefighters' Retirement System or Social Security or under
regular retirement under the Corpus Christi Firefighters' Retirement System
or under Social Security after ten (10) years of continuous service with the
City shall, along with their previously participating spouses, and otherwise
eligible dependents. be eligible to continue participating in the city's group
42
Deleted: 34.94
Deleted: 97.53
- Deleted: 115.01
Deleted: 177.59
l Deleted: 98.63
Deleted: 161.22
Deleted: 164.43
'{ Deleted: 227.01
1
health insurance Public Safety CitiCare. The Union recognizes that the
premium cost of such continued coverage for retired or disabled firefighters
and dependents exceeds the premium cost of identical coverage for active
employees. The premium cost for such former employees, their spouse and
dependents shall be the responsibility of the former employee. Coverage
shall remain in force for said former employee while paid.
2 i
Coverage shall remain in force for a spouse of such former employee while
paid except as follows: The spouses' rights shall continue after the
employee's death, but shall terminate upon divorce or remarriage.
3 :.overage shall remain in force for a dependent of such former employee,
while paid, until such dependent becomes ineligible due to age or marriage
as defined by the plan offered
4 Such former employees, spouses or dependants age sixty five (65) or over or
otherwise eligible for Medicare are required to participate in Medicare A & B
to order to remain eligible for coverage.
The City agrees to pay to the Union a contribution equal to $15.00 month per
employee, which the Union agrees to use for supplemental insurance programs for
active or retired Firefighters. In addition, the City shall pay to the Union August 1,
1995, and each August 1 thereafter $75,802 for the Corpus Christi Firefighters
Health and Benefit Trust. Effective August 1, 1998, the $15.00 per month
3ontribution per employee shall increase to $30.00. Effective upon execution of this
agreement, the City shall contribute a one time lump sum payment of $13,000.00 to
The Union for use for supplemental dental insurance programs for active or retired
employees.
The City shall provide basic life insurance coverage for each Firefighter equal to the
girefighter's annual salary
Section 4. Disabltity.
No sick leave shall be charged for injury or illness sustained in the line of duty.
Employees shall be paid leave in an amount not to exceed their regular salary as provided
by Section 143 073, Chapter 143 for injuries or illnesses occurring in the course of
employment.
The use of accrued sick leave may be granted to any Firefighter at the discretion of
the Chief for job - related illnesses or injuries after injury leave has been exhausted. For
purposes of line of duty illness or injury leave, "line of duty illness" shall be defined as an
illness which has been directly and substantially caused by the duties of the position.
Provided, however, that this definition applies only to a line of duty illness under Section
143 Chapter 143, and is in no way intended to govern the payment of benefits under the
workers' compensation statutes, which benefits shall continue to be governed solely by the
workers' compensation statutes.
+3
A disability shall be defined as a physical injury or illness which prevents an officer
from fully performing the duties of the position to which he was assigned at the time his
disability commenced. A "permanent disability" is an injury or illness which disables a
Firefighter to the extent that it cannot be said in reasonable medical probability that he will
be able to return to full duties within one (1) calendar year from the date that the Fire Chief
determines in writing that the disability is permanent. Upon termination for permanent
disability which is non -job related, the Firefighter shall be entitled to a lump sum payment
for all his accumulated sick leave, and for accumulated vacation leave not in excess of the
limit established by Article XII, Section of this Agreement. Upon termination for .. - - -{ Deleted: 5
permanent disability which is job - related, the Firefighter shall be entitled to a lump sum
payment for any injury leave he may have remaining out of the one (1) year provided in
Chapter 143. Section 143.073, all accumulated sick leave, and for accumulated vacation
leave not in excess of the limit established by Article XII, Section 8 of this Agreement. All
such payments shall be calculated and compensated as of the date the employee is
determined to be permanently disabled and shall not include additional accrual of sick
leave vacation, or holidays beyond that date. The procedure for determining the
permanent disability shall be as follows: In the event the Chief determines after
consultation with the City designated Physician that a Firefighter is permanently unable to
perform his or her job duties, he may institute immediate termination or retirement
whichever, is applicable.
Prior to taking formal action on the above determination, the Chief will inform the
Pension Board, in writing, of his intentions. The Firefighter may call for further examination
by a board of three physicians. One such doctor shall be appointed by the City, one by the
Firefighter, and the third by said doctors. Provided, however, that the third doctor must be
approved by the City designated Physician. The doctor designated by the Firefighter shall
be paid by him. The other two doctors shall be paid by the City. The decision of a majority
of three physicians as to whether a permanent disability as defined herein exists shall be
final..
A Firefighter who has previously been terminated due to disability may, if found to
be otherwise qualified within two (2) years of the termination date for disability by the
Chief, be eligible for reappointment at the same rank upon certification by the City's
designated Physician that he or she has recovered and physically is able to perform full
duties
Section 5. Sick Leave and Retirement Pool.
A. Each Firefighter shall accumulate fifteen (15) days of sick leave with pay per year.
Effective January 1, 1988, the Sick Leave Retirement Pool will have a maximum
balance of 2,000 days. Quarterly accounting will be maintained to provide a current
balance of such days. Days used in accordance with provisions outlined below will
be deducted from the pool until it reaches a minimum of five hundred (500) days, at
which time two (2) sick leave days per Firefighter per year will be transferred from
his/her individual account into the pool until the pool reaches its 2,000 -day limit.
44
The Pooi shall be used to compensate Firefighters who retire, during the term of this
contract, other than on disability retirement, with more than ninety (90) days of
accrued sick leave to their individual credit, Subject to the maximum limits specified
in Sub- Section B, below, the retiree shall be compensated from the Pool for the
amount of sick leave accrued to his /her individual credit that exceeds ninety (90)
days.
B. Upon termination, other than on disability retirement, an employee's compensation
for the sick leave accrued to his /her individual credit shall be limited to the following
amounts, according to the employee's time in service.
t 1 = Less than 4 full years of service: zero days.
!;21 4 full years of service: not more than 30 days.
(3') 5 full years of service: not more than 40 days.
14) 6 full years of service: not more than 50 days.
(5) 7 full years of service: not more than 60 days.
16 8 full years of service: not more than 70 days.
(7) 9 full years of service: not more than 80 days.
(8) 10 or more full years of service: not more than 90 days.
(9) 20 or more full years of service: not more than 150 days.
;10) 25 or more full years of service: not more than 180 days.
if a Firefighter dies, any and all amounts he or she would have been entitled to
under this section, or the entire amount of accumulated sick leave, whichever is
greater, shall be paid to his or her dependents or estate.
�. The parties agree that the payment of accrued sick leave as provided by state law
and this contract shall be based only on base salary, longevity pay, certification pay,
and assignment pay as per current payroll practice which is in compliance with state
iaw and not in violation of this agreement and prior collective bargaining
agreements. This provision will prevail over the provisions of the Texas Local
Government Code Section 143.045. Appendix E sets forth the pay methodology for
eligible accrued sick leave.
Section 6. Toxicology Reports.
The City shall pay for the cost of toxicology reports in instances where a Firefighter
dies as a result of an on- the -job injury or upon request by the employees family where
recent exposure to excessive smoke or toxic fume inhalation is suspected as a contributing
cause of death.
Section 7. Mandatory Drug Testing.
+5
The City and the Union mutually agree that Firefighters may be called upon in
hazardous situations without waming, and that it is imperative to the interest of
Firefighters and the public to assure that Firefighters are not substance- impaired.
ffiefizt n order to further their mutual interest in protecting Firefighters and
the public, i ti the City and the Union agree to testing,
as described in the ire artment's Alcohol & Dru Policy, attached hereto as
Attachment "1" The City Manager, Fire Chief and Director of Human Resources
shall be included in the testing process. The fair and impartial statistical basis tshall be by a non- discriminatory computerized program operated and certified as non-
discriminatory by an independent firm hired by the City, and the employee shall be
tested promptly upon being selected by the computer
• • -
a -- .
agreement-bjF
Discipline shall be in accordance with the Fire De artment's Alcohol & Dru
Policy ,and the Civil Service Commission Rules and Regulations._11 is- understeeet
does- not require
abuse
No changes can be made to the language dealing with the provisions of the Corpus
:hristi Fire Department's Alcohol and Drug Policy without agreement by both the
O ty and the Union
Section 8. Accrual of Vacation Days.
At Firefighters hired after September 1, 1998, shall be allowed to accrue unlimited
vacation leave hours (includes holiday leave hours), but upon retirement, resignation, or
termination the Firefighter shall not be paid in excess of four hundred and eighty (480)
hours for forty (40) hour workweek employees or seven hundred and twenty (720) hours
for twenty four (24) hour shift employees. All Firefighters hired on or before September 1,
1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave
hours), but upon retirement, resignation, or termination the forty (40) hour workweek
Firefighter shall not be paid in excess of an amount equal to seven hundred and twenty
720) hours plus the amount the Firefighter had on the books as of December 20, 1998. If
the Firefighter is on the 24 hour shift, the Firefighter shall not be paid in excess of an
amount equal to 1080 hours plus the amount the Firefighter had on the books as of
December 20. 1998. Appendix E sets forth the pay methodology for eligible vacation leave.
The City retains the current practice of permitting Firefighters to sell one (1) day of
vacation for each day of vacation taken to a maximum of five (5) days per year.
Firefighters can sell back only such vacation leave in excess of thirty (30) days accrued
46
Formatted: Strikethrough
Deleted: 1
-- {Formatted: Strikethrough
Deleted: Fire Department
Deleted: City's Alcohol & Drug
Abuse Policy, HR 15.0 (11/01/05)
Deleted: Drug Policy
Deleted: (in which each firefighter
has an equal chance of being
selected)
Deleted: No group (as defined by
the Fire Department Drug Policy)
shall be tested more than once in a
six (6) month period.
( Deleted:
Formatted: Strikethrough
Deleted:
previs'iens
Deleted: Eitris
Deleted: CereusCgrisf+Fire
(Deleted: City's
Formatted: Strikethrough
Deleted: Fire Departments Drug
Policy
Formatted: Strikethrough
Deleted: The sample for testing shall
be a split sample. The test shall be a
Fire Department five (5) panel test as
set out in the Drug Policy and shall be
sent to N.I.D.A. Certified Laboratory
for testing.
vacation leave pursuant to this provision. However, effective August 1, 1998, each
Firefighter may sell back to the City two (2) days of vacation leave for each day of vacation
leave taken during the year not to exceed a total of ten (10) days. For purposes of this
Agreement, a Firefighter working a twenty four (24) hour shift shall be permitted to sell
twelve (12) hours of accrued vacation leave per day not to exceed one hundred and twenty
120) hours (10 days times 12 hours) per year. All other Firefighters working forty (40)
hours per workweek (regardless if on a 4 -10 schedule or 5 -8 schedule) shall be allowed to
sell back eighty (80) hours. Appendix E sets forth the pay methodology for eligible vacation
sell back
The City shall distribute funds In cash or as contributions to a deferred
compensation plan or as otherwise directed by the Firefighter. Any costs incurred for the
transfer of funds for distributions other than direct payment to the employee shall be the
responsibility of the Firefighter. The City may require that the Firefighter release and hold
the City harmless for any penalties or other liability incurred by the City as a result of
allowing the Firefighter to defer compensation under this provision. The City shall not be
required to make a payment to a deferred compensation plan or other plan if it is
determined, in the City's sole discretion, that such payment or distribution is not in
compliance with all applicable laws, rules, and regulations.
ARTICLE XIII
LEGAL PROCEDURES
Section 1. Legal Defense.
The City will provide a legal defense to any Firefighter in a civil lawsuit, on account
of any action taken by such Firefighter while acting within the course and scope of the
Firefighter's employment for the City of Corpus Christi. The City will also provide legal
defense for a Firefighter when he or she receives a traffic citation as a result of being
Involved in a traffic accident while making an emergency run to the scene of a fire or an
emergency while acting in the course and scope of the Firefighter's employment for the
City of Corpus Christi. The City, by conducting or participating in the employee's defense,
does not assume any obligation or liability not otherwise imposed by law and does not
expressly or impliedly waive any immunity or defense which is available to the City. The
City shall assume no obligation not otherwise imposed by law for any judgment which is
rendered against an employee. The City Manager may in his discretion refuse a legal
defense for an employee where there are indications of intentional acts, gross negligence
Dr recklessness which will be communicated to the employee in writing. The City shall
orovide such legal defense through an attorney not connected with the prosecution of such
case.
1) The Firefighter shall notify the Fire Chief of any claim being made against such
Firefighter not later than ten (10) days from the date that such Firefighter received
notice of such claim, and shall request the City to assume the defense of the
Firefighter regarding such claim. The City shall require that such request be made in
writing.
47
(2) It suit is brought against such Firefighter, such Firefighter shall immediately forward
to the City Attorney every demand, notice, summons or other process received by
him/her within twenty four (24) hours of receipt.
3 i Such Firefighter shall cooperate with the City and, upon the City's request, shall
assist in making settlements, and the conduct of suits, and in enforcing any rights of
contribution or indemnity against any person or organization who may be liable for
all or part of such damages, and shall attend all hearings and trials and assist in
securing and giving evidence and obtaining the attendance of witnesses.
ARTICLE XIV
ASSOCIATION HEALTH AND BENEFIT TRUST
Section 1. Trust Creation.
The City and the Corpus Christi Firefighters' Association agree that the Association
Health and Benefit Trust is the sole responsibility of the Association and that the City has
no involvement in the Trust.
Section 2. Indemnification.
The Association shall defend, indemnify and hold the City harmless from any and all
claims, legal actions, liability, damages, and expense brought by any parties in connection
with or arising out of the operation or administration of the Trust.
ARTICLE XV
REOPENER PROVISION
The parties agree that the City or the Association may reopen negotiations as to matter
included in the Tri -Data Comprehensive Analysis Fire and EMS Delivery Report currently
being finalized, under Texas Local Government Code Chapter 174. Such negotiations
shall be set at the convenience of both parties. This agreement shall also be subject to
mutual renegotiation for a joint health plan group benefits pool with other classes of
employees at any time during its term. In order for the contract to be amended both
parties must agree upon the amendment. Amendments to the contract must be ratified by
appropriate parties. As to the Tri -Data issues, this Provision will expire on August 1, 2007,
otherwise it shall be in effect until a successor agreement is reached.
ARTICLE XVI
48
IMPASSE PROCEDURES
PART 1
Negotiations for a new contract shall commence in accordance with The Fire and
Police Employee Relations Act (the "Act ") and Article VII, Section 2 of this contract. If
impasse should be reached as defined in Section 174.152 of the "Act ", either party may
request mediation, and if mutually agreed upon, the parties shall immediately proceed to
choose one mediator as provided herein. The function and powers of mediator shall be as
specified in Section 174.151 of the "Act" The mediation shall extend for fourteen (14)
calendar days. If no agreement is reached through mediation, upon request of either party,
the parties shall submit the dispute to one Factfinder. The selection of the mediator and
the Factfinder shall occur as follows. When either party requests mediation or factfinding,
the parties may agree to choose any mediator or Factfinder or method of choosing same.
If no agreement occurs within five (5) days from the request, the parties shall request a list
of seven (7) neutrals from the American Arbitration Association (AAA). Upon receiving the
list, the parties shall select the mediator or Factfinder by alternately striking names. The
request to AAA shall state the dates on which the neutrals must be available. The mediator
and the Factfinder shall be selected within five (5) days after receipt of the list from the
AAA. The fee and expenses of the mediator and the Factfinder shall be split equally
between the City and the Union. All other expenses, including witness fees, shall be paid
by the party incurring the expense or calling the witness. By agreement, the parties may
submit any issue or issues to the Factfinders. If no such agreement is reached, then each
party shall be entitled to submit two proposals to the Factfinder, each proposal on one (1)
distinct tope. For example, each of these constitute a distinct topic: salary, dependent
health insurance coverage, promotional procedures, political activities. Each party may
submit its two (2) proposals, and its alternatives to the other party's proposals.
The Factfinder shall conduct a full and fair hearing on the issues submitted to him.
The hearing shall be informal and strict rules of evidence shall not apply. After hearing all
evidence offered by the parties. and any evidence requested independently by the
Factfinder, the Factfinder shall render a written decision making findings of fact and
recommendations as to all matters in dispute. In the opinion, the Factfinder shall exercise
his independent judgment and shall not attempt to "split the difference." Where an issue is
submitted to the Factfinder in the form of a proposal and an alternative to it, the
Factfinder's decision with respect to that issue must recommend either the proposal or the
alternative. The Factfinder's decision shall be submitted to the City Council, and to the
14ssociation, and §tiall be advisor4 only.
In making the findings of fact and recommendations, the Factfinder shall consider
the following evidence submitted to him by the parties or obtained at his direction; the
overall compensation in the current contract including direct salary and fringe benefits; the
income avafiable to the City and demands on that income; a comparison of wages, hours,
and conditions of employment of Corpus Christi Firefighters with the wages, hours, and
conditions of employment of other public and private employees performing similar
services and with other employees generally in public and private employment in
-t9
Deleted:. It shall be advisory only,
Deleted: City Council shall be free to
accept reject, or modify the
Factflnder's recommendations, or any
of them.
comparable communities and in Corpus Christi; the hazards of employment, physical,
educational, and mental qualifications, job training and skills required of a Corpus Christi
Firefighter; the cost of living in Corpus Christi relative to other communities; the rate of
increase in the cost of living for the preceding twelve (12) month period using localized
data to the fullest extent feasible; and any current national or state policies or guidelines
with respect to compensation..
It is agreed that in the interest of maintaining harmonious relations between the City and its
Fire Fighters each party will make a sincere and earnest effort to resolve the dispute
through the fact finding process.
PART 11
)t is agreed and understood that if the above fact findinq,procedure fails to result in an
agreement, the City and the Association each retain any and all rights under Texas
law, including but not limited to Chapter 174, irrespective of the inclusion of the fact
finding process in this agreement. Any deadlines shall resume from the date of
otice by either party, after the recommendation of the fact finder, that the party has
determined not to proceed further with a resolution under the fact finding process.
ARTICLE XVII
DURATION AND CONCLUDING PROVISIONS
Section 1. Duration.
This agreement shall be effective as of date of signing and shall remain in full force
aria effect until July 31. 2008, and thereafter until superseded by a new contract.
Section 2. Severability.
if any article or section of this agreement should be found invalid, unlawful, or
:Jnenforceable by reason of any existing or subsequent enacted legislation or by judicial
authority. all other articles and sections of this agreement shall remain in full force and
effect tor the duration of this agreement
Section 3. Confect with Civil Service Statute.
To the extent that any of the provisions of the agreement conflict with Chapter 143
it any other State Civil Service Statute, the provisions of the agreement shall control and
the applicability of such statutes are altered accordingly.
Section 4. Copies of Agreement.
Deleted: Provided, however, that in
weighing evidence the wages, hours,
and conditions of employment of
workers other than Corpus Christi
Firefighters, offered as a comparison,
the Factfinder will determine the
comparability of such other workers
without regard to whether or not they
engage in collective bargaining with
their employers.
Deleted: In light of the availability of
factfinding as a means of impasse
resolution, as provided above in Part I
of this Article, the parties agree that
binding arbitration is not necessary
for the resolution of impasse.
Consequently, the parties agree that
neither will request the submission of
unresolved issues to arbitration under
the 'Act", or any other statute, City
Charter provision, or ordinance; any
such request shall be void and
ineffective. Additionally, the Union
withdraws its support of any proposed
Charter amendment that would
provide for compulsory binding
arbitration in the event of impasse.
Specifically, the Union makes the
following promises
(1) It will not bring any legal action
seeking to force an election on such a
proposed Charter amendment or
seek enforcement of any court order
requiring such an election on
compulsory binding arbitration;¶
(2) It will not circulate a petition
before July 31, 1983, calling for an
election on such a proposed Charter
amendment on compulsory binding
arbitration;¶
(3) It will not aid or encourage any
person to do any of the acts
described above in subparagraphs (1)
and (2) of this Part Il ¶
(4) It pledges its cooperation and
the cooperation of its members in
aiding the City's attempts, if any, to
effect a withdrawal of the writ of
mandamus issued in International
Association of Firefighters, et al. v.
Luther Jones, et al., Cause No 79-
2988-E, 148th District Court, Nueces
County, Texas. This cooperation shall
include, but shall not be limited to, the
joinder of the Union, and of its
members who are plaintiffs in the
above-captioned lawsuit, in a Motion
to Vacate Writ of Mandamus, or
similar pleading;¶
(5) If a Charter amendment election
is ultimately held before July 31,
1983, on a proposed amendment that
would provide for compulsory binding
arbitration, the Union will not lend its
support, public or otherwise, to the
passage of such proposed
amendment on compulsory binding
arbitration. The parties agree It( .,, [31
The City shall provide sufficient copies of this agreement, without alteration, so that
every employee covered herein shall have a copy. The City shall be responsible for the
distribution of the copies of this agreement to members of the bargaining unit.
51
CONCLUDING PROVISION
IN WITNESS WHEREOF. we have executed this agreement this day of
204
CITY OF CORPUS CHRISTI CORPUS CHRISTI FIREFIGHTERS
ASSOCIATION. LOCAL UNION 936
George "Skip" Noe, CITY MANAGER Carlos Torres, PRESIDENT
Negotiating Team Members
Negotiating Team Members
52
Attachment 1
Fire Department's Alcohol and Drug Policy
A. INTRODUCTION
The Corpus Christi Fire Department has a responsibility to provide the highest level of
public safety service attainable by a City. All employees of the Department share in this
responsibility The sensitive position of all firefighters involved in fire suppression and/or
emergency medical services or other assigned duties requires assurance that there is no
use of illegal or prohibited drugs. It also requires assurance that firefighters are not under
the influence of alcohol while on duty.
The City of Corpus Christi is also obligated under the Drug -Free Workplace Act of 1988
to provide and maintain a workplace free of illegal or prohibited drugs.
S. EFFECTIVE DATE AND EMPLOYEES COVERED.
The amendments provided by this policy become effective upon execution of the 4997
2809 2005 -2008 collective bargaining agreement between the City and the Union and will
be incorporated into the Fire Department General Manual to be effective as of that date.
This policy applies to all sworn personnel and trainees in the Fire Department,
regardless of rank or assignment. All civilian personnel are covered under the citywide
policy (H R. 15 0).
PROHIBITIONS:
This policy prohibits
1 The use, unauthorized possession, manufacture, distribution or sale of illegal drugs or
drug paraphernalia.
2. The unauthorized use, possession, manufacture, distribution or sale of any controlled
substance
3. The presence of a detectable level of any illegal drug or unauthorized controlled
substance or any metabolite of any such substance in the body upon being tested.
4 Being under the influence of alcohol or possessing alcohol while:
(a) operating or occupying any city vehicle at any time; or
(b) at any location during the firefighter's working hours including all lunch and break
times
5. Use of alcohol while off duty in violation of Civil Service Commission Rules and
Regulations, and Chapter 143. Local Govemrnent Codes.
53
6. Unauthorized storage in any locker, desk, City vehicle or other repository on City
premises or worksites of any illegal drug, drug paraphernalia, unauthorized controlled
substances or alcohol
7. Switching or adulterating any breath or urine sample submitted for testing.
8. Refusal to consent to testing and submit a specimen for testing when required under
this policy. Consent is indicated by signing any form required by the City's Medical
Advisor or laboratory collecting the specimen for testing.
9. Failure to pass any drug or alcohol test administered under this policy.
10 Refusal to consent to inspection of any desk, locker or other City property under a
firefighter's control when requested by a supervisor or law enforcement officer
11 Arrest or conviction for any drug or alcohol - related crime committed at any time.
12 Failure to notify the Fire Chief within five (5) days after arrest or conviction for any drug
or alcohol - related crime committed at any time.
13. Failure to report to his /her supervisor the use of any controlled substance prescribed by
a physician or non - prescription drug which may impair the firefighter's ability to safely
and fully perform his /her duties.
14 Failure to keep prescribed drugs in their original container which identifies the drug,
date of prescription and prescribing physician or provide other proof of drug
prescription and prescribing physician.
15 Failing to adhere to the provisions of any agreement executed by the firefighter which
requires treatment or counseling for alcohol or drug abuse.
16. Refusing to sign a statement agreeing to comply with this Alcohol and Drug Policy.
17 Knowingly, taking Prescribes medication in a manner or dosage other than as
prescribes
D. DEFINITIONS UNDER THIS POLICY
1. ILLEGAL DRUG: includes heroin, cocaine, crack cocaine, cannabinoids (marijuana,
hashish, THC), PCP (phencyclidine), LSD (lysergic acid diethylamide) and any other
controlled substance not validly prescribed by a physician.
2. CONTROLLED SUBSTANCE includes all of the above illegal drugs plus any other
substances covered by Schedules I through V of the federal Controlled Substances Act
(21 U S.0 801 et seq,) or the Texas Controlled Substances Act (Chapter 481, Texas
54
Health and Safety Code). Controlled substances include amphetamines, barbiturates,
methadone. benzodiazepines, methaqualone, morphine, codeine and anabolic
steroids, A controlled substance is "unauthorized" if the firefighter does not have a valid
prescription for that substance at the time of its use or possession.
3. CITY PREMISES OR WORKSITES: include all property, buildings, structures, job sites
(where a firefighter is working), parking Tots, and means of transportation owned,
leased, or otherwise used for City business including motor vehicles, equipment, or
machinery. An employee's vehicle is also included in this definition when being used to
conduct City business or when parked during an employee's working hours, including
lunch or break times; provided however, that personal vehicles parked on city property
may only be inspected or searched by law enforcement personnel based on probable
cause.
4. FAILING A DRUG TEST: is defined as a confirmation of initial test results which show
positive evidence of the presence of an illegal drug or unauthorized controlled
substance in the body
5. PASSING A DRUG TEST: is defined as initial or confirmation test results which do not
show evidence of the presence of an illegal drug or unauthorized controlled substance
in the body.
6. DETECTABLE LEVEL: is defined as a quantity of a drug or drug metabolite equal to or
greater than the detection limit for that substance as established by the testing
laboratory. with the Chief's and Union's approval.
E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY
The following violations of this policy shall be grounds for termination. termination
a. unauthorized possession, use, manufacture, distribution or sale of any illegal drug,
drug paraphernalia or controlled substance while on duty, in a City vehicle or on
break time or,
b. use without authorization of alcohol while on duty or while occupying any City
vehicle or during break period,
c. failing a drug test administered under this policy
;5
Deleted: disciplinary action up to
and including termination.
{ Deleted:
3
2 Any firefighter who violates any other provisions of this policy shall be disciplined up
to and including termination.
3. No firefighter may be disciplined for reporting to duty when ordered to do so, if the
firefighter has disclosed any consumption of alcohol during his /her off duty hours.
F DRUG TESTING
Drug testing will be conducted using a laboratory certified by the Department of Health
and Human Services (NIDA). Chain -of- custody procedures will be followed to account for
the integrity of each urine sample by tracking its handling and storage from point of
specimen collection to final disposition of the specimen.
Each specimen submitted for testing under this policy shall be split and a sample shall
be reserved for an independent analysis in the event of a positive result.
Each specimen submitted for testing under the testing provision of this policy with the
exception of pre - employment, will be assayed for the presence of the following
compounds
EMIT SCREEN GC -MS CONFIRMATION
DETECTION LEVEL DETECTION LEVEL
DRUG GROUP nq /ml" nq/ml*
Amphetamine 1,000 500
Barbiturates 300-1000 200
Benzodiazepines 300 200
Cocaine Metabolites 300 150
Marijuana 50 15
Metabolites 300 300
Methadone 300 200
Methaqualone 300 200
Opiate Metabolites 300 300
Phencyclidine 25 25
Propoxphene 300 200
*nanograms /milliliter
56
The laboratory will also assay each specimen for signs of possible adulteration.
Specimen alteration assays will consist of two or more of the following:
Creatinine
Chloride
Specific Gravity
ah
Pre- employment testing shall utilize the SAP 10.
The initial test (also known as a screening test) shall be a enzyme immunoassay
screen (EMIT to eliminate "negative" urine specimens from further consideration.
if the initial test indicates a positive result, a confirmation test by gas
chromatography /mass spectrometry (GC /MS) will be used to confirm the presence of a
specific drug or metabolite. The confirmation test shall be independent of the initial test
and uses a different technique and chemical principle from that of the initial test in order to
ensure reliability and accuracy. For classes of drugs where GC /MS is not an approved
confirmation procedure, an alternative confirmation test will be used.
The Chief shall designate a Testing officer with full authority to order personnel
compliance to oversee the integrity of the drug testing procedures and general
administration of this policy. The Testing Officer's specific responsibilities and duties shall
be established by the Chief.
Drug testing under this policy will include:
Pre- emgjovment: All job offers are contingent upon passing a drug test. Applicants
who fail a drug test will be ineligible to apply for employment in the future.
2 Post - accident: Any firefighter who, while operating a City vehicle, is involved in an
accident involving a fatality, serious bodily injury or substantial damage to property,
shall be subject to drug and alcohol testing. The decision to order such testing shall be
made by the Fire Chief The test shall be performed as soon as possible at the order of
the Fire Chief.
3 Reasonable Suspicion: If individualized reasonable suspicion exists that any firefighter
has used or possessed an illegal drug or unauthorized controlled substance or has
violated the alcohol- related provisions of this policy, the Chief may order the firefighter
to submit a urine and/or blood specimen for alcohol and /or drug testing.
a. Random Testing: The Fire Department shall be divided into 45 groups consisting of
the following work sites or groups:
Administrative Offices (Includes the City Manager, Human Resources Director, and Fire
Chief)
Training Center
Fire Prevention & Arson Investigation
Each Station will consist of 3 separate groups (A, B, & C shifts)
Three additional groups will be added upon opening of a new station.
Random drug testing shall occur by the random selection of one of the above work groups
or sites. The testing agency shall provide a computer -based random selection of the group
to be tested each month. Two groups will be selected and tested each month. The Chief,
or designee, will notify the employees selected for a test within no more than three (3)
hours of the testing. Any firefighter either permanently or temporarily assigned, including
members working trades for regular firefighters, shall be subject to testing.
All testing will be conducted on site except for personnel assigned to Training, Fire
Prevention & Arson, and Administration. Personnel not tested on site will be required to
report to a designated lab within 3 hours of notification by their supervisor.
Employees on vacation, sick leave, other leave, or on City business outside the city, will
not be notified or have to take the test.
G. COMPLIANCE WITH POLICY
. Applicants and firefighters subject to testing will have the opportunity to submit a list of
prescription and non - prescription drugs they have used in the last thirty (30) days and
to explain the circumstances surrounding the use of such drugs to the MRO before a
decision regarding test results is made.
2. Any firefighter who has agreed in connection with a prior violation of this policy to
submit to random testing for a prescribed period of time (maximum of one (1) year)
may be tested as described in the agreement signed by the firefighter.
3. A firefighter with an alcohol content of .084% will be presumed to be under the
influence of alcohol for purposes of this policy.
4. If the Medical Review Officer's (MRO) review of drug test results indicates a legitimate
medical explanation for the confirmed positive test result, no further action will be taken
against the firefighter and an applicant will be eligible for hire. If the MRO's review
determines there is no legitimate medical explanation for the confirmed positive test result,
the firefighter will be subject to disciplinary action up to and including discharge upon the
first offense.
58
H. MEDICAL REVIEW OFFICER
The Medical Review Officer (MRO) for the City of Corpus Christi will be a City's Medical
Advisor or any physician designated by the City Manager who is a licensed physician with
Knowledge of drug abuse disorders and certified as a Medical Review Officer for drug
' esting
The MRO shall review all drug testing results he receives and interpret confirmed
positive test results to determine if there is an alternative medical explanation of the
, onfirmed positive result
ALCOHOLISM AND DRUG ADDICTION
While occasional or "social" use of drugs and alcohol can become detrimental to the
workplace and to personal health, we recognize that alcoholism and drug addiction are
medical disorders which can be treated. The City of Corpus Christi believes it has a
responsibility to provide assistance to our employees through the Employee Assistant
Program. but the initiative in seeking such help is the responsibility of the firefighter.
Firefighters who voluntarily seek diagnosis and accept treatment for alcohol or drug -
related problems before the problem becomes evident, will be offered rehabilitation help on
a strictly confidential basis using the leave policies currently available for other health -
related problems. Whether voluntary or mandatory rehabilitation is required, these costs
are the responsibility of the firefighter. Medical Plan Insurance may be used to the extent
provided under the individual's health insurance coverage. If misconduct or declining job
performance brings illegal or non - prescribed drug or alcohol abuse problems to light, the
firefighter will be subject to appropriate disciplinary action.
�. IMPLEMENTATION OF DRUG -FREE AWARENESS PROGRAM
The Drug -Free Awareness Program will provide an ongoing education effort for the
firefighters to prevent and eliminate drug and alcohol abuse that may affect the workplace.
This program will cover
The dangers of alcohol and drug abuse in the workplace;
2. This Alcohol and Drug Policy;
3. The availability of treatment and counseling for firefighters voluntarily seeking such
counseling through the Employee Assistance Program; and
4. The discipline which will be imposed for violations of this policy.
Supervisors are the "keys" to successfully implementing this policy. Initial and
ongoing supervisory training will be mandatory for supervisors and will cover the
following areas:
1 Identifying and documenting job performance and on- the -job behavior which may
reflect the impact of personal problems;
59
2. Identifying evidence of on-the-job use or presence of alcohol or drugs;
3. Procedure for referral of troubled firefighters to the Employee Assistance Program;
4, Procedure for testing firefighter suspected of violating this policy;
5. Constructive confrontation techniques;
6. Orientation on drug procedures and technology; and
7 Procedures for conducting workplace inspections.
Trainees will be trained on this Policy at the Academy and new supervisors will be
trained through recurring sessions provided on the Training calendar.
K. RECORDS PROCEDURES
1 RELEASE OF INFORMATION'
Requests for employment verification or references for an individual terminated under
this policy shall be forwarded to the Human Resources Department for response. For
Texas Employment Commission hearing on granting unemployment insurance, the City
will cite a rules violation as the reason for termination and will supply a copy of the
letter of termination which states specific reasons. Where there is doubt about the
release of information, the Legal Department shall be consulted for guidance.
2 REPORTING CONVICTION TO FEDERAL AGENCY:
in compliance with the Drug Free Workplace Act, the Human Resources
Department will notify the appropriate federal agency within ten (10) days after
receiving notice from the firefighter of a conviction under criminal drug statutes.
60
APPENDIX "A"
DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Title
Code No. Employee No. No.
Name
Social
Security No
'Last) (First) (MI)
Address Zip Code
I hereby authorize the City of Corpus Christi to deduct, each pay period, the sum of
$ as certified by the International Association of Firefighters, Local 936, as the
current rate of dues or an amount as may hereafter be established by the International
Association of Firefighters, Local 936, as dues. This deduction is to be forwarded directly
to the International Association of Firefighters. Local 936. The authorization of this
deduction is entirely voluntary on my part.
understand that the City of Corpus Christi will be obligated to forward to the
Association only those sums actually deducted and will not be liable for damages to me for
failure to deduct any authorized sum for any reason
Signed
Date
63
APPENDIX "B"
SPECIAL ASSESSMENT DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Assessment Title
Code__, Payroll No. Employee No. No.
Social
Name Security No.
(Last) (First) (MI)
Address Zip Code
hereby authorize the City of Corpus Christi to deduct a special assessment in the sum
of $ _ as certified by the International Association of Firefighters, Local Union No.
936, for the express purpose of . The authorization of this special
assessment deduction is entirely voluntary on my part.
understand that the City of Corpus Christi will be obligated to forward to the
Association only those sums actually deducted and will not be liable for damages to me for
failure to deduct any authorized sum for any reason.
Signed
Date
54
APPENDIX "C"
TERMINATION OF REGULAR OR SPECIAL DUES DEDUCTION AUTHORIZATION
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936
Dues Title
Code_ Payroll No. No. Code No
Social
Name Security No.
(Last) (First) (MI)
Address Zip Code
hereby terminate the authorization previously executed by me on
(date) for dues deduction for the International Association of Firefighters, Local Union
No. 936, and request that the City make no further ( ) regular or ( ) special dues
deductions under said authorization. This termination of dues deduction is entirely
voluntary on my part, and I understand that the City or Corpus Christi will not be liable
for failure to promptly effectuate this termination for any reason.
Signed
Date
65
APPENDIX "D"
THE F(WMUfS DESCRIBED IIIELOW ARE A CONCEPTUAL DESCF> PTION OF THE
CALCI*,ATIONS AND DO NOT DESCRIBE THE EXACT COMPUTER PAYROLL PROCESS.
A. CAI ULATWIG FIRE SUPPRESSION OVERTIME PAY BASED ON 27 DAY
WORK PERIOD
in a 52 week, 365 day year, each suppression firefighter is scheduled to work a 24 hour shift
every three days which equates to nine 24 hour shifts in each 27 day work period. Using the
FLSA 7(k) exemption, overtime for cycle hours is due for hours actually worked from 204 to
216 hours in a 27 day work period. The "Add Pays" included in the calculations below are
applicable longevity, assignment and certification pays listed in the Wages Article in the 2001-
2003 Collective Bargaining Agreement as per the 1989 overtime grievance resolution plus
education incentive pay, the EMS supervisory officers pay, and the Assistant EMS Director pay
when applicable.
1. TO COMPUTE CYCLE AND HOLIDAY OVERTIME PAY:
Annual Base Salary + Annual "Add Pays"
26 Pay Periods = Pay Period Salary w/ "Add Pays"
Pav Period Salary w/ "Add Pays"
80 Hours Per Contract = Hourly Cycle /Holiday Rate
Pay Period Salary w/ "Add Pays" = Dock Rate (Regular rate)
108 Hours
Hourly Cycle /Holiday Rate) x (1.5) - (Dock Rate) = Cycle /Holiday Overtime Rate
(Cycle /Holiday Overtime Rate) x (No. of Cycle Hours Worked) = Cycle Overtime Pay
(Cycle /Holiday Overtime Rate) x (No. of Holiday Hours Worked) = Holiday Overtime Pay
2. TO COMPUTE OTHER OVERTIME PAY(HOLDOVER AND CALLBACK):
Annual Base Salary + Annual "Add Pays"
26 Pay Periods = Pay Period Salary w/ "Add Pays"
Pay Period Salary w/ "Add Pays"
90 Hours Per Contract = Hourly CaII Back/Holdover Rate
( Hourly Call Back/Holdover Rate) x ( 1.5) = Call Back/Holdover Overtime Rate
(Call Back/Holdover Overtime Rate) x (Call Back Hours)# = CaII Back Overtime Pay
66
Call Back/Holdover Overtime Rate) x (Holdover Hours) = Holdover Overtime Pay
# Call Back is for time worked or 3 hour minimum as per contract.
B. C CULATING OVERTME PAY FOR TRAINING /PREVENTION & 40 HOUR
EMPLOYEES
1. TO COMPUTE HOLIDAY OVERTIME PAY:
Annual Base Salary + Annual "Add Pays"
26 Pay Periods
Pay Period Salary w/ "Add Pays`
80 Hours per Pay Period
Pay Period Salary w/ "Add Pays"
Dock Rate (Regular Rate)
( Dock Rate 1 x (1.5) (Dock Rate) = Holiday Overtime Rate
Holiday Overtime Rate) x (No of Holiday Hours Worked) = Holiday Overtime Pay
2. TO c9MPUTE OTHER OVERTIME PAY FOR TRAINING/PREVENTION & 40
HOUR EMPLOYEES ( CALLBACK ):
Annual Base Salary + Annual "Add Pays'
26 Pay Periods = Pay Period Salary w/ "Add Pays"
Pay Period Salary w/ "Add Pays'
80 Hours Per Pay Period Dock Rate (Regular rate)
(Dock Rate) x (1.5) - Call Back Overtime Rate
(Cal! Back Overtime Rate) x (Call Back Hours)# = Call Back Overtime Pay
# Call Back is for time worked or 3 hour minimum as per contract.
b"
APPENDIX "E"
CALCULATE "DRAG -UP PAY" (VACATION AND SICK LEAVE) AND VACATION
LEAVE SELL BACK FOR FIRE EMPLOYEES
Pursuant to the Arbitration Award of Arbitrator Don B. Hays, dated October 19, 1988, in
AAA Case No. 71 390 0187 88, Corpus Christi Firefighters Association and City of
Corpus Christi, the Collective Bargaining Agreement on Wages overrides the statutory
calculation of payment of accrued sick leave on separation. The components of wages
contractually agreed to be used in determining the hourly rate for payment of "drag -up
pay" for eligible accrued vacation and sick leave are applicable monthly base salary,
longevity, certification and assignment pays listed in Wages Article V of the August 1,
2001- July 31, 2003 Collective Bargaining Agreement plus the EMS supervisory officers
pay and the Assistant EMS Director pay when applicable and excludes any other pays
in any other Articles of that or subsequent Agreements. The Award also requires the
city to use the average 54 hours per week for 24 hour shift employees to determine the
hourly rate for drag -up pay. The formula below shall also be used to compute the
amount paid for Vacation Leave Sell Back under Article 12 Section 8.
1. TO COMPUTE 24148 HQUR SHIFT EMPLOYEE "DRAG -UP PAY" AND
VACATION LEAVE SELL BACK HOURLY RATE:
(Annual Base Salary) + (Annual Longevity, Assignment, and Certification Pav) *
(26 Pay Periods) x (54 hours/week) x (2 weeks/pay period)
2. TO VIMPUTE 40 HOUR EMPLOYEE "DRAG -UP PAY" AND VACATION LEAVE
SELL Ete.CK HOURLY RATE:
; Annual Base Salary) + (Annual Longevity. Assignment, and Certification Pav) " = Hourly Drag Up Rate
(26 Pay Periods) x (40 hours/week) x (2 weeks /pay period)
• Applicable wage components listed in Wages Article V, Section 1-4, in August 1, 2001 - July
31, 2003 Collective Bargaining Agreement plus applicable EMS supervisory officers pay and
Assistant EMS Director pay as described above.
= Hourly Drag Up Rate
f�R
APPENDIX "F"
Title: Call Back Procedures
Corpus Christi Fire Department
Standard Operating Procedures
No. 101.09
PURPOSE:
To establish standard procedures and guidelines for utilizing the Fire Department
call -back list.
II. SCOPE: These instructions apply to call back situations as applicable.
III. DEFINITIONS:
A. Daily Staffing List: A list composed of firefighters needed to fulfill the Daily
Staffing levels of normally assigned units.
B. Daily Eligibility List: A daily list composed of the top eligible firefighters
from the Daily Staffing List.
Special Events List: A list composed of firefighters needed to fulfill
Positions for planned events
D. Special Events Call Back: Planned, anticipated events that allow the
Department adequate time for scheduling. Examples may include such
situations as jury duty, parades, etc.
E. Holdover: A requirement for a firefighter to remain on duty after the
completion of their normal shift for the purposes of determining moming
staffing levels and completing those assignments. Additionally, a
"holdover" may be used to augment staffing during promotional exams,
and other short term assignments.
Emergency CaII Backs: A mandatory requirement to report to work in the
event of an emergency or other situation as declared by the Fire Chief or
his/her designee, Recognizing that both the citizens and on duty
firefighters at the scene need immediate assistance, the Department may
utilize any means necessary to initiate this assistance. Firefighters called
In on an emergency call back will not lose their place on any call back list.
IV. RESPONSIBILITY:
A. It shall be the responsibility of the Fire Chief or his /her designee to ensure
that this policy is adhered to when initiating a Call Back.
69
B. Fire Department personnel have the responsibility and duty to report to
work when contacted and advised that an emergency exists or has been
declared by the Fire Chief, or his representative.
Failure of an employee to respond to a call back during an emergency
without being excused by the Fire Chief, First Assistant Chief or the Shift
Commander may result in disciplinary action being brought against said
employee.
V. CALL BACK LISTS:
A call back list will be created for "Special Events" and a separate list for "Daily
Staffing ". A firefighter's position on the Special Events List will not affect his/her
position on the Daily Staffing List or vice versa. (Example: a firefighter is called
back for a parade for three hours and consents to work. He /she remains in
his/her position on the Daily Staffing List)
VI. GENERAL:
A. Each call back list shall include the name, rank, certifications (EMT,
Paramedic, etc) and qualifications (assigned Rescue, HazMat, etc.) of all
members of the shift. Firefighters who do not wish to be assigned to the
Special Events List shall notify the Fire Chief in writing.
B. Each callback list shall contain firefighters' permanent home telephone
numbers. Pagers or cell phone are not permitted. The Department will not
leave messages on answering machines, nor will the Department relay
messages through a third party.
Firefighters shall be called back in numerical order from the first position
on a call back list to the last position on the list. After 8:00 a.m. vacancies
will be filled by calling back a firefighter to complete the shift at the station
in which the vacancy occurs. This will be accomplished by calling back
the first firefighter on the list that is able to fill a position in the station in
which the vacancy occurs, which will be a firefighter of equal or lower rank
than the vacant position. Once a firefighter has been called back and
works overtime, or declines a Special Events callback, his/her name shall
be placed in the last numerical position on the applicable list.
D. A firefighter reassigned to another shift shall be added to the call back list
for that shift in the same numerical position held on the list before
reassignment. In the event that more than one such firefighter is
reassigned with the same numerical position on the applicable callback
list, placement shall be by lot. A probationary firefighter will be placed in
the last numerical position on the applicable callback list for his /her
70
assigned shift, provided that placement order at the bottom of the list shall
be by lot.
E. For call backs that require staffing by specific rank, certification, or
qualification, only firefighters on the applicable callback list who possess
the needed rank. certification, or qualifications shall be eligible for the
callback.
For EMS callbacks, Firefighter 1 Paramedics, and FFII EMT and EMT -P's
assigned to EMS and are qualified as per Article VI, Section 1 of the
Collective Bargaining Agreement shall be considered eligible. Firefighter I
Paramedics who have served five years as a FFII EMS will not be called
back for EMS staffing. Medic unit staffing shall include at least one
paramedic.
G. FFII EMS personnel routinely perform fire suppression duties (tailboard)
in addition to EMS duties. For purposes of this policy, FF11 EMS
personnel shall be utilized in either position, however, FF11 EMS
personnel, when performing a call back, shall not be assigned to a FF11
Engineer position
H. Personnel who are not immediately available to answer the telephone will
be considered "unable to contact"
Firefighters who on sick leave will not be eligible for overtime until
reporting back to duty, or to other scheduled leave (vacation, Kelly, PL,
etc.)
VII. DAILY STAFFING GUIDELINES:
A. This procedure will be used when the Fire Chief or his designee
determines it is necessary to utilize the call back list to maintain the daily
staffing needs of the Department. This list shall be a separate list from the
Special Events list.
B. To maintain daily staffing levels, this procedure will utilize personnel in
their numerical order on the Daily Staffing List, and not rank for rank. The
Fire Chief's designee will make every attempt to utilize the list in the
numerical order, with the exception of situations where the firefighter
would be required to perform in a lower rank except as noted in paragraph
V1.G.
C. It is the responsibility of each firefighter to be adequately prepared to
immediately report to duty when called back for Daily Staffing. If the
firefighter is unable to immediately report to duty (upon being properly
relieved,) to the assigned station, the firefighter shall be considered to
?1
have refused and his /her name shall be placed at the bottom of the Daily
Staffing List.
D. Firefighters who are called in for an overtime assignment must report to,
and complete the assignment in person. Firefighters who are on approved
leave shall not be considered for Daily Staffing callback. Standby periods
for up to four hours are acceptable, provided that the firefighter that
accepts the callback assignment is available to report to the assigned
Station immediately.
E. Firefighters may not perform the duties of those in a lower rank except as
noted in paragraph VI. -G., i.e., a Captain will not be called in to fill a FFI
assignment, etc.
Firefighters who have been previously scheduled to 'act" may be
reassigned to accommodate a firefighter who is called back for daily
staffing. Reassignment is at the discretion of the Fire Chief's designee.
G. An EMS Supervisor vacancy shall be filled by using a Firefighter II EMS
assigned to the shift and approved to act as EMS Supervisor.
H. Firefighters shall not be assigned to a medic unit when called in for daily
staffing call back if the firefighter has worked a twenty four hour shift on a
medic unit immediately preceding the call back.
VIII. Daily Staffing Procedure:
Firefighters shall have the right to refuse assignment for Daily Staffing without
jeopardizing their position on the call back list except in situations as listed below.
A. As per the Collective Bargaining agreement, firefighters should notify the
Shift Commander on duty, immediately when the employee knows he/she
will be absent on account of illness. If such determination is made by the
employee past midnight, it is acceptable to report the illness between 6:30
a.m. and 7:00 a.m. In all cases, a report of illness should be made no
later than 7:00 a.m.
B. During each shift the Shift Commander shall make arrangements to fill
anticipated, scheduled vacancies for the following shift by reassigning
firefighters, and/or assigning firefighters to "act ". This list will be left
available for the off -going Shift Commander to utilize for call back.
C. At morning roll call, the Station Captain shall furnish the Shift Commander
with the names of firefighters under his/her command who are declining to
work overtime the following shift. The Shift Commander shall publish a list
of the top eligible firefighters available for callback for Daily Staffing prior
7'
to noon. The number of firefighters on the list will be dependent on the
anticipated needs of the Department. The Shift Commander shall provide
the names of ten firefighters above the number anticipated to be needed.
For example, if the shift is anticipated to be three firefighters short, the
Shift Commander shall publish a list of the top thirteen eligible firefighters.
These firefighters shall remain on duty until 8:00 a.m. so as to be available
for callback assignment.
D. Once the Daily Eligibility List is posted and a change occurs in the
firefighter's eligibility status. he/she must contact the Shift Commander as
soon as possible; but no later than 10:00 p.m. A change in condition, or
refusal that occurs between the hours of 10:00 p.m., and 8:00 a.m. will
result in the firefighter's name being placed at the bottom of the Daily
Staffing list (the firefighter will be placed at the bottom of the list if the
number of needed callbacks meets or exceeds his /her number /position on
the list. This cannot be determined until after sick calls have been taken).
Top eligible firefighters who previously declared available for callback and
have not remained available at their station when contacted by the Shift
Commander will be placed at the bottom of the list. The morning
announcement of "0800 moming roll call" will serve as the official time for
purposes of being placed at the bottom of the Daily Staffing List. In the
event "8:00 a.m. Roll Call" is not announced at the appropriate time, the
Station Captain should contact the District Chief.
Firefighters on the Daily Eligibility List who have remained available at
their station after 08:00 a.m. may be contacted for callback, if a staffing
need arises. If contacted after 8:00 a.m., these personnel may reject the
assignment without loss of position on the Daily Staffing list.
Should a vacancy occur following the 8:00 a.m. roll call, the Shift
Commander may attempt to contact those firefighters available at their
stations for Call Back. If unsuccessful, the Special Events list should be
used.
G. The Shift Commander shall make every effort to notify personnel that they
will be used on a callback as early as possible.
H. The Special Events List shall be utilized to fill vacancies that occur after
8:00 a.m., (except as noted in VIII F)
Firefighters shall be called back in their numerical order on the call -back
list and not rank for rank.
IX. SPECIAL EVENTS LIST:
A. Special events will include callbacks for events that allow the Department
adequate time for scheduling. This will include jury duty, parades and
other planned events. This list shall also be used for staffing regularly
assigned apparatus after 8:00 am., (except as noted in VIII.F)
B. Once a firefighter is called back for overtime on a scheduled event, or
refused an offer for callback, his /her name will be placed at the bottom of
the Special Events List. However, his/her name will remain unaffected on
the Daily Staffing List.
C. Firefighters will be called back for Special Events in a timely manner
whenever possible. To accommodate the needs of the Department and
the needs of the Firefighter, the call back will be scheduled as far in
advance as practical. Additionally, there is no requirement to be on duty
for a complete shift to be called back for a future Special Event.
X. DIRECTIONS FOR COMPLETING CALL BACK LISTS:
A. The person making the calls will enter the correct code; date (mm- dd -yy),
time, and his/her own initials. Actual time contacted shall be noted.
B. The Fire Chief's designee will ensure that the list is updated after each
use and will provide an updated list to the First Assistant Chief and to the
Union within 48 hours..
C. The OFF -GOING SHIFT is the shift which shall be contacted first during a
CALL BACK.
D. On duty shift Shift to Contact
A C
B A
G B
E. Each Special Event requiring a call back is a new incident and will require
beginning at the top of the list. This will insure that firefighters who had
previously been contacted /or attempted to be contacted, but remained in
their position on the list are first called. Starting at the top, contact each
firefighter who does not have a C.R. (refused), or a C.W. (worked) by their
name.
In the event additional firefighters are needed during the shift for Daily
Staffing, the Shift Commander shall not start over at the top of the Special
Events list, but shall begin after the last contacted firefighter.
F, During an emergency, personnel living outside the city limits may be
74
excluded from a call back as per Article IV, Section 4 of the Collective
Bargaining Contract.
G. The following codes should be used when noting the status of a contact
attempt
CODE EXPLANATION REMAIN IN POSITION ON LIST
1. C.R. Contacted— refused yes, Daily Staffing
no, Special Events
2. C.W Contacted, and worked no
3. C.L. Contacted, but on leave yes
4. I.P.N. Incorrect phone # yes
5. U.C. Unable to contact yes
6. C.T. Contacted, but on Trade yes
7. C.U. Contacted, unable yes
•
•
•
Definition, Leave: A firefighter is off work due to any scheduled
leave including sick, vacation, personal, kelly, injury, training or
other approved scheduled leave
Definition: 'Contacted, Unable" shall indicate the firefighter cannot
accept the callback assignment due to previously assigned official
Department business, i.e., schools, etc.
The Fire Chief shall be notified at any time a firefighter refuses to
report to duty as ordered for an emergency callback.
Definition of refused: The firefighter cannot report to work for
personal reasons, and the firefighter is not on an approved leave as
described above.
H. To facilitate callbacks requiring use of EMS certified personnel, a code
shall be placed next to the rank of each firefighter on the list:
a. "P" shall designate Firefighter I and Firefighter II EMS personnel
who are qualified as per Article VI, Section 1 of the Collective
Bargaining Agreement. In addition, FFI's who have previously
75
served five years as a FFII EMS will not be required to work an
EMS callback, and will not have a "P" designation.
"E" shall designate FFII EMT's who are qualified as per Article VI,
Section 1 of the Collective Bargaining Agreement.
APPENDIX G
GRIEVANCE FORM
Date:
C ASE NO.:
Name Title
I have discussed this complaint with my supervisor, and received his verbal answer on (date)
. Because this answer is unacceptable to me, I wish to file my grievance
complaint to Step 2
1 Brief Statement of Grievance and the Facts or Events on which Grievance is Based:
2 Section(s) of contract alleged to be violated:
3 Remedy or adjustment sought by Grievant/Union:
Grievant/Union Grievance Committee Chairperson
or Designee/Union President's Signature
Date
L nion Grievance Committee Date Received
Fire Chief or Designee
Date Received
*Submit all prior Grievance and Response Forms together at each Step on the Grievance
Process
CASE NO.:
RESPONSE OF UNION GRIEVANCE COMMITTEE
STEP2
Name Title
On day of 200 , the Grievance Committee met to consider the attached
Grievance and made the t011owing determination.
'Phis is a valid grievance and should proceed to Step 3.
No valid grievance exists and no further proceeding is necessary.
Union Grievance Committee Chairperson or Date
Designee
Fire Chief or Designee Date Received
*Submit all prior Grievance and Response Forms together at each Step on the Grievance
Process.
C SSE NO.:
RESPONSE OF FIRE CHIEF
STEP 3
Name Title
Response.
(Attach additional pages if necessary)
Fire Chief or Designee Date
Union Grievance Committee Chairperson or Date Received
Designee
City Manger's Office Date Received
*Submit all prior Grievance and Response Forms together at each Step on the Grievance
Process.
RESPONSE OF CITY MANAGER
STEP 4
C ASE NO.:
Name Title
The attached Grievance being received on , 200, the following is the City
Manager's Response:
City Manager Date
Grievance Committee Chairman or Date Received
Designee
*Submit all prior Grievance and Response Forms together at each Step on the Grievance
Process.
22
CITY COUNCIL
AGENDA MEMORANDUM
January 23, 2007
AGENDA ITEM:
A. A resolution by the City Council of the City of Corpus Christi, Texas, directing publication of
notice of intention to issue Combination Tax and Revenue Certificates of Obligation in an
amount not to exceed $11,000,000 (Texas Military Revolving Loan Project); and resolving
other matters relating to the subject.
B. A resolution by the City Council of the City of Corpus Christi, Texas, directing the City
Manager to proceed with preparing necessary documents to effect the sale of General
Improvement Bonds in an amount not to exceed $4,000,000; and resolving other matters
relating to the subject.
ISSUE:
A. The City plans to issue up to $11,000,000 in Combination Tax and Revenue Certificates of
Obligation for the reconstruction of Port Avenue from IH37 to US181 and the partial
relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at
Waldron Field. Certificates can be issued to fund both the Port Avenue and the Flour Bluff
Drive street projects as well as the utility work required associated to those street projects.
The payment of these Certificates would be provided from the levy of taxes and from surplus
revenues derived from the operations of the City's utility system. The Certificates will be
purchased by the Texas Military Preparedness Commission ( "TMPC ") with moneys in the
Texas Military Revolving Loan fund in connection with providing financial assistance to the
Citv for projects that will enhance the military value of military facilities located in, near, or
adjacent to the City
B. Since the Port Avenue project was approved by voters in the November 2004 election, the City
has the option to issue General Improvement Bonds for that portion of street costs associated
with the Port Avenue project. The corresponding debt associated with these bonds would fall
outside of the tax cap since this was a voter approved project. The City would like the
flexibility to exercise this option if appropriate. Should the City exercise this option, the
amount of Certificates of Obligation would be reduced by a like amount.
Each resolution requests that the City Council authorize the City Manager to retain the services of
M E Allison & Co., Inc. as Financial Advisor, and McCall, Parkhurst & Horton L.L.P. as Bond
Counsel, in connection with the issuance and sale of the proposed Certificates of Obligation and/or the
General Improvement Bonds. Since these issues will be purchased by the TMPC, the City will not be
required to obtain the services of underwriters.
REQUIRED COUNCIL ACTION:
City Council approval of the resolution directing the publication of notice of intent to issue
Combination Tax and Revenue Certificates of Obligation and approval of the resolution to proceed
with preparing necessary documents to effect the sale of General Improvement Bonds is requested.
PREVIOUS COUNCIL ACTION:
June 8, 2006 — Resolution authorizing the City Manager to execute an advanced funding agreement
with TXDOT in the amount of $153,000 for the North Port Avenue from 11137 to US 181 for
preliminary engineering and environmental assessment.
June, 13, 2006 — Resolution authorizing the City Manager to submit a loan application to the Texas
Military Preparedness Commission for their Texas Military Revolving Loan fund for the
reconstruction of Port Avenue from IH37 to US 181 and the partial relocation of Flour Bluff Drive and
land acquisition to allow expansion of runway facilities at Waldron Field.
June 13, 2006 — Resolution approving the reimbursement statement expressing the City's official
intention to reimburse the costs of projects funded through the Texas Military Revolving Loan Fund.
September 12, 2006 — Resolution authorizing the City Manager to execute an advanced funding
agreement with TXDOT in the amount of $330,424 for the North Port Avenue from 11137 to US 181
for preliminary engineering and design work.
FUTURE COUNCIL ACTION:
February 13, 2007 — Approval of Certificates of Obligation Ordinance, General Improvement Bonds
Ordinance, and approval of City Manager to execute Purchase Agreements.
RECOMMENDATION:
City Staff recommends that the City Council approve the resolutions as stated.
`Lf
1, Cindy O'Brien
Director of Financial Services
Attachments:
Resolution for Combination Tax and Revenue Certificates of Obligation
Resolution for General Improvement Bonds
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI
On this the 23rd day of January, 2007, the City Council of the City of Corpus Christi, Texas
convened in Regular Meeting, with the following members of said City Council present, to -wit:
Henry Garrett
Brent Chesney,
Melody Cooper,
Jerry Garcia,
Bill Kelly,
Rex A. Kinnison,
John Marez,
Jesse Noyola,
Mark Scott
George K. Noe,
Mary Kay Fischer,
Cindy O'Brien,
Armando Chapa,
Mayor
Councilmembers
City Manager,
City Attorney,
Director of Financial Services,
City Secretary
with absent. thus constituting a quorum, at which time the following among
other business was transacted:
City Manager George K. Noe presented for the consideration of the Council a resolution
authorizing the publication of notice of intention to issue certificates of obligation. The resolution
was read by the City Secretary. The motion to pass the resolution was carried by the following vote.
AYES: All members of the City Council shown present above voted
Aye ".
NAYS None.
ABSTAIN: None.
The Mayor announced that the resolution had been passed. The resolution is as follows:
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE
COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION IN
AN AMOUNT NOT TO EXCEED $11,000,000; AND RESOLVING OTHER
MATTERS RELATING TO THE SUBJECT
WHEREAS, the City of Corpus Christi expects to pay expenditures in connection with the
design, planning, acquisition and construction ofthe projects described in Exhibit A to this Resolution
prior to the issuance of the Certificates of Obligation hereinafter described; and
WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of
the payment by the City of such expenditures will be appropriate and consistent with the lawful
objectives ofthe City and, as such. chooses to declare its intention, in accordance with the provisions
of Section 1.150 -2 of the U.S. Treasury Regulations, to reimburse itself for such payments at such
time as it issues the hereinafter described Certificates of Obligation; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was considered was open to the public, and public notice ofthe time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That attached hereto and marked "Exhibit A" is a form of notice, the form and
substance of which are hereby passed and approved.
Section 2. That the City Manager shall cause said notice to be published, in substantially the
form attached hereto, in the Corpus Christi Caller- Times, a newspaper of general circulation in the
City of Corpus Christi, Texas, for two consecutive weeks, the date of the first publication to be
before the fourteenth day before the day tentatively proposed for authorizing the issuance of the
Certificates of Obligation as shown in said notice.
Section 3. That the City Manager is hereby authorized to retain the services ofM. E. Allison
& Co.. Inc. as Financial Advisor, and McCall, Parkhurst & Horton L.L.P. as Bond Counsel, in
connection with the issuance and sale of the proposed Certificates of Obligation.
Section 4. That the facilities and improvements to be financed with proceeds from the
proposed Certificates of Obligation are to be used for the purposes described in the attached Notice
of Intention.
Section 5. That all costs to be reimbursed pursuant to this Resolution will be capital
expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later of
(i) the date the expenditures are paid or (ii) the date on which the property, with respect to which
such expenditures were made, is placed in service; and the foregoing notwithstanding, the Certificates
of Obligation will not be issued pursuant to this Resolution on a date that is more than three years
after the date any expenditure which is to be reimbursed is paid.
Section 6. That the City has submitted an application to the Texas Military Preparedness
Commission (the "Commission ") with respect to financing the facilities and improvements described
in the attached Notice of Intention, which application was approved by the Commission. The City
has been advised by the Commission that the Commission expects to purchase the proposed
Certificates of Obligation from the City with funds to be made available to the Commission by the
Texas Public Finance Authority (the "Authority ") from the proceeds of bonds to be sold by the
Authority prior to the issuance of the proposed Certificates of Obligation. The City commits to sell
the proposed Certificates of Obligation to the Commission, provided that such commitment shall
expire if the Commission fails to purchase the proposed Certificates of Obligation within ninety (90)
days of the sale date for the proposed Certificates of Obligation as described in the attached Notice
o f Intention.
Section 7 That all resolutions or parts thereof in conflict herewith are hereby repealed.
PASSED AND APPROVED this the 23rd day of January, 2007.
ATTEST:
City Secretary, City of
Corpus Christi, Texas
Mayor, City of Corpus Christi, Texas
APPROVED THIS THE M DAY OF JANUARY, 2007:
MARY KAY FISCHER. CITY ATTORNEY
7,74,
Corpus Christi, Texas
of , 2007
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 A
NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of
Corpus Christi, Texas (the "City "), to issue one or more series of the interest bearing certificates of
obligation of the City to be entitled "City of Corpus Christi, Texas Combination Tax and Surplus
Utility System Revenue Certificates ofObligation", for the purpose ofpaying contractual obligations
to be incurred by the City, to -wit, the reconstruction of Port Avenue from IH 37 to US 181
(including, without limitation, the construction of a protected left turn lane with sidewalk and
driveway improvements that are ADA compliant, associated land striping and pavement markings,
and required street lighting, underground water, wastewater and storm water system improvements);
the partial relocation of Flour Bluff Drive and land acquisition at Waldron Field (including, without
limitation, street construction, paved shoulders, pavement markings, and associated roadside
drainage); and the payment of fiscal, engineering and legal fees incurred in connection therewith. The
City Council tentatively proposes to authorize the issuance of said series (one or more) of Certificates
of Obligation at its regular meeting place in the City Hall at a meeting to commence at 10:00 a.m.,
on the 13th day of February, 2007 The maximum amount of Certificates of Obligation indebtedness
that may be authorized to be sold on said date for such purposes described above is $11,000,000.
The City Council presently proposes to provide for payment of said series (one or more) of
Certificates ofObligation fromthe levy oftaxes and from surplus revenues derived fromthe operation
of the City's utility system. The Certificates ofObligation are to be purchased by the Texas Military
Preparedness Commission (the "Commission ") with moneys in the Texas Military Value Revolving
Loan Fund in connection with providing financial assistance to the City for a project that will enhance
the military value of a military facility located in, near, or adjacent to the City.
CITY OF CORPUS CHRISTI, TEXAS
/s/ Henry Garrett
Mayor
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI
I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that
the above and foregoing is a true, full and correct copy of a resolution passed by the City Council of
the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 23rd day of January,
2007, authorizing the publication of notice of intent to issue Combination Tax and Revenue
Certificates of Obligation, which resolution is duly of record in the minutes of said City Council, and
said meeting was open to the public, and public notice of the time, place and purpose of said meeting
was given, all as required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the 23rd day of January,
2007,
City Secretary, City of Corpus Christi, Texas
(SEAL)
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO :
CITY OF CORPUS CHRISTI
On this the 23rd day of January, 2007, the City Council of the City of Corpus Christi, Texas
convened in Regular Meeting, with the following members of said City Council present, to -wit:
Henry Garrett
Brent Chesney,
Melody Cooper,
Jerry Garcia,
Bill Kelly,
Rex A. Kinnison,
John Marez,
Jesse Noyola,
Mark Scott
George K. Noe,
Mary Kay Fischer.
Cindy O'Brien,
Armando Chapa,
Mayor
Councilmembers
City Manager,
City Attorney,
Director of Financial Services,
City Secretary
with absent, thus constituting a quorum, at which time the following among
other business was transacted:
City Manager George K. Noe presented for the consideration of the Council a resolution
authorizing the publication of notice of intention to issue certificates of obligation. The resolution
was read by the City Secretary. The motion to pass the resolution was carried by the following vote.
AYES: All members of the City Council shown present above voted
"Aye".
NAYS: None.
ABSTAIN: None.
The Mayor announced that the resolution had been passed. The resolution is as follows:
A RESOLUTION
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
DIRECTING THE CITY MANAGER TO PROCEED WITH PREPARING
NECESSARY DOCUMENTS TO EFFECT THE SALE OF GENERAL
IMPROVEMENT BONDS IN AN AMOUNT NOT TO EXCEED $4,000,000; AND
RESOLVING OTHER MATTERS RELATING TO THE SUBJECT
WHEREAS, the City Council of the City of Corpus Christi (the "City ") intends to issue
general improvement bonds of the City to finance street improvements in an aggregate principal
amount not to exceed $4,000,000, and intends to sell such general improvement bonds to the Texas
Military Preparedness Commission (the "Commission ") in connection with providing financial
assistance to the City for a project that will enhance the military value of a military facility located in,
near, or adjacent to the City; and
WHEREAS, such general improvement bonds are to be sold pursuant to the authority granted
the City by the citizens ofthe City voting to issue general improvement bonds at an election held on
November 2, 2004; and
WHEREAS, it is hereby officially found and determined that the meeting at which this
Resolution was considered was open to the public, and public notice ofthe time, place and purpose
of said meeting was given, all as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, BE ET RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. That the City Manager is hereby directed to proceed with the preparation of all
necessary documents to effect the sale of general improvement bonds.
Section 2. That the City Manager is hereby authorized to retain the services of M. E. Allison
& Co.. Inc. as Financial Advisor, and McCall, Parkhurst & Horton L.L.P. as Bond Counsel, in
connection with the issuance and sale of the proposed general improvement bonds.
Section 3. That all costs to be reimbursed pursuant to this Resolution will be capital
expenditures; the proposed general improvement bonds shall be issued within 18 months of the later
of(i) the date the expenditures are paid or (ii) the date on which the property, with respect to which
such expenditures were made, is placed in service; and the foregoing notwithstanding, the general
improvement bonds will not be issued pursuant to this Resolution on a date that is more than three
years after the date any expenditure which is to be reimbursed is paid.
Section 4, That the City has submitted an application to the Commission with respect to
financing the street improvements to be funded with the proceeds of the proposed general
improvement bonds, which application was approved by the Commission. The City has been advised
by the Commission that the Commission expects to purchase the proposed general improvement
bonds from the City with funds to be made available to the Commission by the Texas Public Finance
Authority (the "Authority ") from the proceeds of bonds to be sold by the Authority prior to the
issuance of the proposed general improvement bonds. The City commits to sell the proposed general
improvement bonds to the Commission, provided that such commitment shall expire if the
Commission fails to purchase the proposed general improvement bonds within ninety (90) days of the
date the City Council adopts the ordinance authorizing the sale ofthe proposed general improvement
bonds.
Section 5 That all resolutions or parts thereof in conflict herewith are hereby repealed.
PASSED AND APPROVED this the 23rd day of January, 2007.
ATTEST:
City Secretary, City of
Corpus Christi, Texas
Mayor, City of Corpus Christi, Texas
APPROVED THIS THE /Pt- DAY OF JANUARY, 2007:
MARY KAY FISCHER, CITY ATTORNEY
74 7
Corpus Christi, Texas
day of , 2007
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
cit4 manager reso.11a
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI
1, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that
the above and foregoing is a true, full and correct copy of a resolution passed by the City Council of
the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 23rd day ofJanuary,
2007, authorizing the City Manager to proceed with the preparation of necessary documents to sell
General Improvement Bonds, which resolution is duly of record in the minutes of said City Council,
and said meeting was open to the public. and public notice of the time, place and purpose of said
meeting was given, all as required by Texas Government Code, Chapter 551.
EXECUTED UNDER MY HAND AND SEAL of said City, this the 23rd day of January,
2007.
City Secretary, City of Corpus Christi, Texas
(SEAL)
23
City Council
Agenda Memorandum
City Council Action Date: January 23, 2007
AGENDA ITEMS:
Ordinance amending Ordinance 027102 that approved the Asset Purchase
Agreement by and among EarthLink, Inc. and the City of Corpus Christi, Texas,
and the CC Digital Community Development Corporation, and amending
Ordinance 027103 that acknowledged the Network Services Agreement
between EarthLink, Inc. and the CC Digital Community Development
Corporation, and agreed to perform all obligations of the Corporation
thereunder not performed by the Corporation, in order to approve alternative
provisions in the event the transaction is determined to be subject to sales tax.
ISSUE:
On December 19, 2006, the Council approved ordinances authorizing the sale of
the City's wireless network to EarthLink, Inc. and approving related agreements.
Subsequently, an issue has arisen with respect to whether the transaction is
subject to sales tax. Staff is working with EarthLink to develop amendments to
the applicable agreements that provide alternative provisions if the transaction
should be determined taxable. Negotiations should be completed in time to bring
the amendments to the Council next Tuesday, and the amendments will be
provided to the Council by then.
RECENDATION; That the items finally negotiated be approved as submitted
at the Council meeting Tuesday.
Oscar Martinez
Assistant City Manager
ORDINANCE
AMENDING ORDINANCE 027102 THAT APPROVED THE ASSET
PURCHASE AGREEMENT BY AND AMONG EARTHLINK, INC. AND THE
CITY OF CORPUS CHRISTI, TEXAS, AND THE CC DIGITAL COMMUNITY
DEVELOPMENT CORPORATION, AND AMENDING ORDINANCE 027103
THAT ACKNOWLEDGED THE NETWORK SERVICES AGREEMENT
BETWEEN EARTHLINK, INC. AND THE CC DIGITAL COMMUNITY
DEVELOPMENT CORPORATION, AND AGREED TO PERFORM ALL
OBLIGATIONS OF THE CORPORATION THEREUNDER NOT PERFORMED
BY THE CORPORATION, IN ORDER TO APPROVE ALTERNATIVE
PROVISIONS IN THE EVENT THE TRANSACTION IS DETERMINED TO BE
SUBJECT TO SALES TAX; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That Ordinance 027102 that approved the Asset Purchase Agreement by
and among EarthLink, Inc. and the City of Corpus Christi, Texas, and the CC Digital
Community Development Corporation, and Ordinance 027103 that acknowledged the
Network Services Agreement between EarthLink, Inc. and the CC Digital Community
Development Corporation, and agreed to perform all obligations of the Corporation
thereunder not performed by the Corporation, are hereby amended in order to approve
alternative provisions in the event the transaction is determined to be subject to sales
tax.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of
, 2007
ATTEST:
Armando Chapa
City Secretary
APPROVED: January,l9, 2007
Lisa Aguilar
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Corpus Christi, Texas
day of , 2007
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
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jon Marez
Jesse Noyola
Mark Scott
24
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 23, 2007
Subject: Public Access Channel Rules and Procedures Violation Appeal
Agenda Item: Consideration of an appeal by Latrice Sellers of the Corpus Christi Cable
Communications Commission's November 20, 2006 decision that a public access show
contained commercial programming.
Background: Under City ordinance and regulations, public access channel programs
may not contain commercial advertising. At its November 20, 2006 meeting, the Cable
Communications Commission upheld the Channel 10 Public Access User Group
notification that the program contained prohibited advertising. The producer has
appealed.
The specific statements found to be commercial advertising by the Commission are in
Part 5 of the attached Supplemental Background. The Supplemental Background also
expands on pertinent regulations and other background.
Issue: The Issue for City Council is whether the program at issue contains
commercial advertising.
The Council may grant or deny the appeal.
Recommended Process: The proceeding should be informal. In deciding this case the
Council acts in a quasi -judicial capacity; i.e. it will determine what the facts are and
whether the program contained commercial advertising.
Since Ms. Sellers is appealing, she would go first on any presentation of evidence. The
Commission Chair will be available to present any necessary information from the
Commission's perspective. Since this is quasi-judicial matter, the Council may, but need
not, solicit general public comment. If the Council chooses to hear such comment, this
could be done after argument of the parties, but before Council deliberation.
Susan Cable
Director of E- Govemment Services
SUPPLEMENTAL BACKGROUND
PART 1. NATURE OF AGENDA ITEM
Under the City Charter, appeals may be taken to the City Council from decisions of City
boards and commissions. This is an appeal from a decision of Cable Communications
Commission determining that a Community Outreach program violated a prohibition
against commercial programming on a public access cable television program.
PART 2. RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING
The Rules and Procedures for Public Access Cablecasting are approved by City Council
and found at Code of Ordinances, Chapter 55, Article XVIII. For purposes of this memo,
they will be referred to as "the Rules ".
The Rules provide that the Public Access Users Group administers the rules and
procedures; producers may appeal decisions of the PAUG board to the Cable
Communications Commission, and after that, to City Council. The Rules also provide
that the Channel 10 Access User Group Board of Directors will receive and investigate
complaints concerning violations of the Rules on Channel 10.
PART 3. APPEAL HISTORY.
On October 23, 2006, Channel 10 PAUG President sent notice of violation of Section 1
of the Rules to Ms. Sellers. The notice states that Ms. Sellers' program Community
Outreach which aired on October 22, 2006 contained commercial advertising. The
notice stated that the program advertised Denise's Salon. A copy of this notice is
attached as Exhibit A,
On October 30, 2006 Ms. Sellers timely filed appeal of the notice of violation to the
Cable Communication Commission ( "Commission "). A copy of her appeal to the
Commission is attached as Exhibit B.
The Commission met on November 20, 2006 to consider Ms. Sellers's appeal. Ms.
Sellers was present for the appeal. The Commission viewed portions of the program at
issue. The Commission voted (5-0) to deny the appeal. A copy of the minutes is
attached as Exhibit C.
Ms. Sellers timely appealed the Commission's decision to the City Council. A copy of
that appeal to the Council is attached as Exhibit D.
PART 4. APPLICABLE REGULATIONS
Section 1 of the Rules prohibits commercial programming on public access programs.
Section 4 of the Rules defines commercial programming as: "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 directly
or indirectly to promote any service, or product; or includes commercial advertising of
any kind; or contains lottery or sweepstakes information. The Cable Communications
Commission has established guidelines concerning the advertisement of commercial
products or services in an access program."
The Commission in 2004 adopted Revised Guidelines Concerning the Application of the
Public Access Channel Operating Rules. The general rule established in the guidelines
concerning advertising of commercial products or services is as follows:
A. General Rules
1. For purposes of these guidelines, "advertising material designed to
promote the commercial sale of products or services" shall consist of any audio
or visual presentation which contains the following elements:
a. Identification of any product or service; and
b. Identification of the provider or seller of the product or service
identified; plus either of the following elements:
(i) identification of the location of the provider or seller of the
product or service or providing information conceming how the
product or seller of the product or service may be contacted; or
(H) Identifying the price for which the product or service may
be purchased without also identifying the provider or seller either
generically or by identifying at least three (3) named alternative
providers or sellers of the product or service.
PART 5. EXCERPTS FROM PROGRAM.
Summary of program: Entire program was filmed in Denise Miller's beauty salon. The
show opens up with introduction of Denise Miller. The program discusses new State
cosmetologist regulations, which require cosmetologist to receive mandatory continuing
education hours. Ms. Miller describes the continuing education course she provides to
cosmetologists. Ms. Miller also demonstrates a skin treatment.
Below are transcribed excerpts from the program that were viewed at Commission
meeting:
35:25 "Rita is my massage therapist at my salon. She also been very instrumental, in
keeping everything, I'm not good at bookwork, she has taken care of all
certificates... and when the people come into to take the class, they need a certificate of
proof, so we provide that for them, and after they have their certificate, then we call into
the board, we don't call, we do it on the computer, it took us 3 days, it's a big job. She's
also the one they talk to on the telephone.. "
37:00 "Give phone number they can call to get more information."
"991 -1356. This is a mandatory class for everyone all cosmetologists. Nail techs and
massage therapists."
39:10 "Give phone number again."
PART 6. APPLICATION OF THE GUIDELINES TO PROGRAM AT ISSUE.
The program contained the following elements:
1) Identification of any product or service, specifically: skin treatment, and
continuation education class.
2) Identification of the provider or seller of the product or service, specifically
Denise Miller: plus either of the following elements:
(i) Identification of the location of the provider or seller of the product
or service or providing information concerning how the product
or seller of the product or service may be contacted; specifically,
telephone number 991 -1356.
These elements establish that the program contained commercial advertising as defined
in the guidelines.
PART 7. APPLICABLE REGULATIONS - PENALTIES
Section 6 of the Rules provides:
If a second adjudicated violation of a Section 1 rule occurs within twelve (12) months
after the first adjudicated violation, then the producer will be ineligible to use the public
access channels for thirty (30) days.
If the third adjudicated violation of a Section 1 rule occurs within twelve (12) months after
the first adjudicated violation, then the producer shall be ineligible to use the public
access channels for one year.
Periods 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 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 multiple 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 of the above rules.
PART 8. ISSUE FOR COUNCIL DECISION
The issue for Council decision is whether the program at issue contained commercial
advertising.
PART 9. PROCESS FOR COUNCIL DECISION
In deciding this case, the Council is acting in a quasi-judicial capacity; i.e. it is
acting as a judge to determine what the facts are, and whether the program contained
advertising in violation of the Rules. Since Ms. Sellers is the appealing party, the burden
is on her to persuade the Council that the Commission's decision was in error.
The actual tape will be available to be played for the Council. Transcripts of the
portions played at the Commission meeting are provided above.
PART 10. COUNCIL OPTIONS.
The Council can either grant or deny the appeal.
If the appeal is denied, Ms. Sellers will receive a notification letter for a first violation.
The program will not be suspended. If she receives a second adjudicated violation
within 12 months, then she cannot use the channel for 30 days.
If the appeal is granted, Ms. Sellers will not have any violations of public access rules.
P. A. C. 10 Board of Directors
Jack Gordy, President
4118 Bray Drive
Corpus Christi, Texas 78413
857 -0361
October 23. 2006
Subject: Violation notice # 1
Latrice Sellers
1138 O'connell Street
Corpus Christi, Texas 78418
Dear Latrice Sellers ;
Section one (1) of the Rules and Procedures for Public Access Cablecasting states: All programs shall not be
commercial as defined in section four (4).
Section four (4) defines commercial programming as: Any programming which is cablecast for
remuneration of any kind, whether audio, video or text intended, directly or indirectly to promote any service,
or produa or includes commercial advertising of any kind or contains lottery or sweepstakes information.
Your program, titled Community Outreach, which is a weekly program that was aired on October 22, 2006
and to be aired again on October 23, 2006 contained advertising. The program advertised Denise's Salon.
You also advertised the services they perform in the business by showing the person performing the services.
You gave the telephone number of the business several times during the program. That is considered advertising
because it is a way of contacting the business and is not allowed.
This is a violation of Section one (1) of the Rules and Procedures, Section 4.01 of the P.A.C. 10 by -laws and
also a violation of the statement of compliance that we all signed ,front and back, stating we would comply with
the Rules and Procedures.
This will be your first fkll violation notice. A second (2nd) violation will be grounds for removal of your
program from the schedule for a period of thirty (30) days. You were granted an appeal for the violation notice
dated October 3, 2006. Again I ask that you please view your tapes or DVDs before turn to make sure there
are no violations. This will prevent the removal of your program from the schedule.
You may appeal this decision to the Citv Secretary for the Cable Communications Commission by following
the procedures as set forth in Section six (6) of the Rules and Procedures and Section 10.02 of the P.A.C. 10 by-
laws.
The gq$ecretary must receive the written notice to appeal this decision no later than eight, f calendar days
from the date this notification letter is postmarked. Please include a telephone number where you can be
reached in order for the Office of E- Government Services to notify you as to when the appeal hearing is to be
heard.
Main I request that if you file an appeal that you provide the Board of Directors with a copy of your notice
to appeal.
Yct
Jack Gordy
CC: City of Corpus Christi
Attention: Susan Cable
Office of E- Government Services
From: Community Outreach
To: susanc @cctexas.com; Bob White
Date: Sunday, October 29, 2006 8:25:45 PM
Subject: Violation notice received on October 25, 2006
To To Whom It May Concern:
Susan Cable
Cable Commission
From: Latrice Sellers
Executive Producer
Community Outreach TV Program - -cable access 10
361 937 -6283
rage 1 01 1
Response /Appeal
NIT VA
at it.t sf �J
On Wednesday, October 25, 2006, my mother brought me a letter that was given to her from Jack gordy
when she picked up the show tapes from the previous week. The letter stated "Violation Notice #1---
back dated October 23, 2006.
Response/Appeal to gordy's Violation Notice
1. My show Community Outreach has always followed the rules in broadcasting. THIS IS
ANOTHER WITCH HUNT!
2. The show never advertised anyone business! It certainly never advertised a Denise's Salon!
3. The show never advertised services provided for business!
4. No telehone number was ever given out to promote a business!
5. There was no advertising on the show!
The section 4 rules were not violated in any way!
This isn't a suprise - -I would like to think there would be more of an effort to support producers, ensure
programming is broadcasted correctly, and Cable 10 airs shows of CLASS AND QUALITY!
THIS ISSUE NEEDS TO BE RESOLVED —AS I STATED BEFORE —I HAVE NOT VIOLATED
ANY BULBSt i m m
IATTHCEe SI L
EXECUTIVE PRODUCER
COMMUNITY OUTREACH TV PROGRAM
MINUTES
CABLE COMMUNICATIONS COMMISSION
November 20, 2006
PRESENT
Chairperson Robert "Bob" White. Vice Chairperson Dr. Bruce Stratton, Fred Greenberg, Connie
Gutierrez, Steve West
City Staff
Susan Cable, Director of E- Government Services, Lisa Aguilar, Assistant City Attorney and Holly
Houghton, E- Government Services
Cable Operators
Paula Smith, Time Warner Cable
Chairman Bob White called the meeting to order at 12:00 p.m. and verified the necessary quorum. The
minutes from October 16, 2006 meeting were reviewed. Dr. Bruce Stratton motioned to approve the
minutes and Steve West seconded the motion. All Commissioners approved.
1. REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS -
a. Daniel Fields - Daniel Fields explained that two of his cameras were with Ken Bridges
getting repaired, his old camera was not working and there were not any cameras
available by the PAUG. Fred Greenberg motioned to approve the appeal. Dr. Bruce
Stratton seconded. All Commissioners approved.
b Latrice Sellers -- Che Commissioners viewed the program which contains the violation.
Ms. Sellers explained the program was to discuss the new mandatory continuing
education hours beauticians must attend and that is the only business that provides the
certification hours, and the phone number given was to provide a number where
beauticians can call to find out more information about the training regulations. Bob
White stated it was a clear violation of commercial advertising when Ms. Miller
discussed a procedure to eliminate lines on the face. Fred Greenberg motioned to deny
the appeal. Steve West seconded. All Commissioners approved.
c Josh Deleon - Mr. Deleon was not in attendance. Susan Cable stated this appeal was
submitted late. Dr. Bruce Stratton motioned deny the appeal. Steve West seconded. All
Commissioners approved.
d Romeo Barrera - Mr Barrera was not in attendance. Mr. White stated Romeo Barrera
had misinterpreted the rules as to when the monthly program tapes were due. Dr. Bruce
Strattor motioned tc grant the appeal. Fred Greenberg seconded the motion. All
Commissioners approved.
e Mark DiCarlo - Mr. DiCarlo was not in attendance. Bob White motioned to move this
appeal to the December meeting with the understanding that action will be taken
regarding this appeal. Dr. Bruce Stratton seconded. All Commissioners approved.
REVIEW AND POSSIBLE ACTION REGARDING PROPOSED RULES AND
PROCEDURES FOR PUBLIC ACCESS CABLECASTING - Susan Cable discussed the
proposed changes made to the Rules and Procedures and the new online complaint form. She
rk9i-- C
stated that the cable operator would have 60 days to review the proposed changes. Dr. Bruce
Stratton said he would like more time to review the proposed changes and motioned to postpone
this item to the next meeting. Fred Greenberg seconded the motion. All Commissioners approved.
CABLE OPERATOR REPORT — Paula Smith, Time Warner Cable, discussed their
;.ommunity projects. Ms. Smith also informed the Commission that she would not be attending
The meetings anymore since she accepted a promotion.
4. STAFF UPDATES — none
5. PAUG UPDATES — Jack Gordy, Channel 10 PAUG, stated that he was planning to schedule a
meeting with the producers as soon as the new Rules and Procedures are approved. Jessie
Nesmith, Channel 18 PAUG, stated that everything is going good and some producers would like
to submit DVDs but they do not have the equipment.
6. PUBLIC COMMENT — Jack Gordy and Latrice Sellers discussed questions and comments they
had regarding the proposed changes to the Rules and Procedures.
7. COMMISSIONERS COMMENTS — none
8. ADJOURNMENT — Fred Greenberg motioned to adjourn the meeting and Connie Gutierrez
seconded the motion. All Commissioners approved. The meeting adjourned at 1:05 p.m.
25
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
DATE: or ////o7
AGENDA ITEM: Presentation on the Gas Department Operations.
CITY STAFF PRESENTER(S):
Name
1 David L. Flores
Title /Position
Department
Acting Director of Gas Operations Gas
ISSUE: Staff presentation on the operations of the Gas Department.
REQUIRED COUNCIL ACTION: No formal action is required.
opto(06,4,
David L. Flores
Acting Director of Gas Operations
Power Point Presentation X
Exhibits
City of Corpus Christi
Gas Department
Gas Department
• Operations began - 1922
• Systems Acquired - 1962
Houston Natural Gas Company
Southern Community Gas Company
• 148 Full Time Employees
• --- 1300 miles of mains
• — 55,000 Customers: 52,000 Residential
3,000 Commercial
• Total Operations Budget $14,000,000.00
1
Gas System Map
)Ii hutuo,. Ini n•
l :Iv Or (1. ,,fru5 ch1l, Gl t)Jp 1,uc1.
Gas Department Activities
*Construction
*Service and Maintenance
*Measurement and Operations
2
Customer Services
• Emergency Response services are
provided 7 days a week, 365 days a year.
• Staffed 7:00 a.m. - 10:30 p.m. daily, and
on -call after hours.
• Dispatch services are provided for other
City Depts. after hours and weekends.
• Prompt customer response on calls /issues,
average time: < 19 minutes (November)
Specialized Operations
• Design and Engineering
• Construction of gas mains and service lines
• Horizontal Directional Drilling
• Cathodic Protection
• Meter repair and calibration
• SCADA
• Leak Surveys
• Gas Line Locations
• Oil & Gas Well permitting and inspections
• CNG
3
Present Status
• Maintain a low Loss and Unaccounted For %
• Received a "Very Good" rating from the
Texas Municipal League Intergovernmental
Risk Pool
• Money saved by securing a supply of gas at
North Beach
Ongoing Initiatives
• Reengineering Efforts /Skill Based Pay
Program /CMMS
• Infrastructure Expansion
• Year 2 of Automated Meter Reading
• New Gas Supply Contract
• Gas Rate Study In Progress
4
Infrastructure Expansion
• In -House Construction Fiscal Year
Year Project Low Press. Ft. Arterial Ft.
2000 21 17 41,271 4 5,647
2001 26 20 42,035 6 6,136
2002 30 24 48,660 6 11,319
2003 29 27 75,354 2 1,600
2004 55 50 112,229 5 1,300
2005 24 21 66,638 3 1,262
2006 21 19 42,384 2 383
• Systems Acquired via Contract
Gas System Map
hstt lhulipn 0.1;1io
( :f, of.(orp is Christ:. ,as D:pnnna•m
i1
6
Automated Meter Reading
• Project began 2005
- Pilot Project Meters converted
- Year l
- Year 2
Meters converted
Meters converted
2,034
5,120
6,958
New Gas Supply Contract
• 5 - Year Contract began July, 2006
• Price secured - Houston Ship Channel Daily
Midpoint Index - - $ 0.10
• Acquired Gas Pipeline Infrastructure
• Contract includes:
- Supply of gas to North Beach
- Supply of gas to Padre Island and North
side of Packery Channel
- Provision to accept LNG and Royalty Gas
7
Rate Structure
*Two Components:
- Cost of Gas (by contract)
- Cost of Service (rate schedule)
9
$10 I
$8
$6
$5
Cost of Service/1 MCF
111
.U-O6
Sep-06
• San Artorio
Austin
o Oorp(s Chisti
• Dallas
o Fat V■krth
• Flotston
B Paso
Total Cost of Gas/1MCF
$10
A6
Sap6
• San Antal°
o Austin
o Cbrpts Chisti
• Dallas
r.3 Fort VVorth
• 1-buston
o 8 Paso
10
Gas Load Development
• Initiated in 1985
• Budget $125,000.00 -
$ 58,000.00 -
$ 75,000.00 -
$ 17,000.00 -
$ 4,000.00 -
♦ 1 Full Time Employee
Rebate 45%
Salary 21%
Advertising 27%
Allocations 6%
Other 1%
Current Rebate Program
• Rebates are offered for new construction or
conversion of existing electric appliances
Natural Gas Water Heaters -
Natural Gas Furnace -
Natural Gas Stove /Cook -top -
Natural Gas Clothes Dryer -
$300.00
$200.00
$ 50.00
$ 50.00
11
Our Business Strategy
• Redirect our marketing efforts stressing
reliability of natural gas service and value
• Modify our incentive program to attract new
residential customers
• Continue to expand the gas system into new
areas of development
• Monitor expenditures utilizing manpower and
resources wisely
Advertising
The focus of our new ad campaign will be on:
• The benefits and value of Natural Gas cooking
and heating.
• The reliability of Natural Gas during any
power outage.
*Cooking/Heating
*Water heating
*Stand -by Power Generation
*Natural Gas security yard lamps
12
Revised Incentive Program
• Continue the rebates for conversion of
existing electrical appliances.
• Initiate new home construction incentive:
-City Provides:
Natural Gas Water Heater
Natural Gas Fireplace Log
Natural Gas Grill
- Builder installs gas outlets.
Plan of Action
• Implement Business Strategy
• Provide Progress Reports with Updates
• Implement Changes Recommended in
the Gas Rate Study
13
Process of a Sale
• Preliminary study of budgetary and
operational impact.
• Issue RFP to hire an independent appraiser.
• Presentation to Council on results.
• Issue RFP for purchase of the system.
• A sale agreement would be adopted.
• A public vote would transpire.
City of Corpus Christi
Gas Department
UMW
w"..
geadip *pas,* 6 atsmo ti• ONISMOC,
14
26
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation by the Human Relations Department on the City's ADA Title II Transition Plan
and the City's Non - Discrimination Ordinance.
STAFF PRESENTER(S):
Name Title /Position
1. Leon Bazar Director
Department
Human Relations
ISSUE:
The City Council is to receive quarterly updates regarding the efforts made under the City's
ADA Title II Transition Plan and the City's Non - Discrimination Ordinance.
BACKGROUND:
Please see attached
REWIRED COUNCIL ACTION:
None at this time.
•;&a.ciati 114.
Leon Bazar
Director of Human Relations
Additional Background XX
Exhibits
BACKGROUND INFORMATION
Recap of Title II Transition Plan Progress
Americans with Disabilities Act (ADA)
The City of Corpus Christi's Title II ADA Transition Plan consists of accessibility improvement
projects for cross - disabilities through the removal of barriers for access to public programs,
services. and activities The ongoing Title II Transition Plan efforts are presented by the
following categories of Public Facilities, Public Programs, Site Development, Outreach,
Citywide Curb Ramps and Individual Curb Ramp Requests:
Public Facilities
Engineering Services and the Committee For Persons With Disabilities have established an on-
going process for monthly reviews of current projects with focus on accessibility enhancements.
To -date, these have included North Beach, Whitecap, and Packery Channel..
in response to a Resolution from the Human Relations Commission and the efforts of the City
Secretary and Building Maintenance Services, the "well" area in the Council Chambers was
made accessible for persons using wheelchairs or other mobility devices..
It Programs
Based on Human Relations Department analysis of recommendations from the
Highway Administration and TxDOT, Engineering Services has issued a Memorandum
that "the use of Diagonal curb Ramps on city- funded projects shall not be allowed
unless there is no other option available ". Some of these studies have shown that the
diagonal configuration may inadvertently direct visually impaired persons into the
center of the intersection
I11. Site Development
The Committee For Persons With Disabilities has designated three representatives to
assist in the sub- committees of the Unified Development Code (UDC) initiative to
provide additional perspectives relative to ADA accessibility.
IV, Outreach
The promotion of accessibility awareness is a continuing effort. Monthly employee
training classes include segments on diversity awareness, sensitivity training and
People First Language training. Similar training segments are provided during
supervisory training programs throughout the year in intervals approximately 6 to 8
weeks long
The Human Relations Department and the Committee For Persons With Disabilities
assisted in hosting and participating with the conventions of the Accessibility Coalition
of Texas and the American Council for the Blind of Texas. Approximately 300 persons
with disabilities or their representatives were in our City over a two week period.
V. Citywide Curb Ramps
There are 32 defined projects related to ADA curb ramps or path of travel under Bond ,
CDBG, TxDOT, etc. funding. As of October 31, 2006, 8 are in the design phase, 4 are
under construction, and 20 have been completed..
Non - Discrimination Ordinance
Summary on Complaints Based on Disability
By Category
Under the category of "Investigations of all complaints received regarding
discrimination by a place of Public Accommodations" or requests for Technical
Assistance based on disability, 20 inquiries have been received and include:
• One involved a review of the "swing" of a restroom door potentiality impeding a
person using a wheelchair.
• Two involved a hotel regarding accessible restrooms, doors, path of travel, and
accessible transportation.
B Under the category of "Investigation of all complaints received excluding People with
Disabilities from participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program activity operated or contracted by the City of Corpus
Christi ". the total number of disability complaints is 12 for this Quarter:
1 Eight Complaints for Engineering Services related to compliance and /or
existence of curb ramps, pedestrian crossings, or accessible sidewalk
path of travel.
2. ADA Trash Assistance
Citizens who are unable to take the trash cart to the curb for
automated trash pick up service may request a reasonable
accommodation for "back door" service. This includes 4 requests for
this Quarter
Under Technical Assistance, five requests for voluntary on -site ADA reviews or
technical assistance in ADA accessibility were responded to. Included church,
major media operation, food service establishment, and tele- marketing operation.
NON- DISCRIMINATION ORDINANCE UPDATE:
Other than ADA disability related complaints and concerns, the Human Relations
Department is also responsible for enforcing the non - discrimination applications
relative to employment and fair housing. The Human Relations Department has
contractual agreements with the Equal Employment Opportunity Commission (EEOC)
and the Department of Housing and Urban Development (HUD).
During this Quarter, 19 EEOC Employment discrimination cases were resolved and
;closed. Of these, 5 were No Fault Settlements resulting in either re- instatement,
monetary settlement, neutral Letter of Reference, or required employee and supervisor
training. Forty -four new charges were received during this period and the major basis
for these included Race /national Origin (35 %), Sex (24 %), ADA (6 %), and Age (14 %).
The Regional EEOC Director is committed to strong community outreach efforts and
made his second visit to our City and met with representatives of local minority
organizations. The intent of these visits is to provide understanding of the EEOC
employment investigation process and settlement process and address any major
concerns local organizations may have.
Two Fair Housing cases were closed alleging discrimination based on familial status
and race and national origin in setting different terms, conditions or privileges in the
rental of property .
n both contracts, case closures require the local Human Relations staff to conduct
=nvestigations, on -site visits, obtain witness statements, review related documents, and
mediate and negotiate settlements when appropriate. Additional steps could include
the issuing of subpoena and temporary restraining orders when required. The
department receives the support of the Corpus Christi Human Relations Commission
CCHRC) in review and approval of legal process steps.
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27
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Utility Rate Study Update.
STAFF PRESENTER(S):
Name
1. Ronald F. Massey
2.
OUTSIDE PRESENTER(S):
Name
1. Tony Bagwell
2.
Title /Position Department
Assistant City Manager
Title /Position
Consultant
Organization
HDR
ISSUE:
Council needs to be presented project status, findings and potential prior to proceeding.
BACKGROUND:
Council directed staff to proceed with a Utility Rate Analysis to ensure rates are properly
and fairly structured.
REQUIRED COUNCIL ACTION:
None.
Ronald F. Massey ( Date
Assistant City Manager
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